5122-30-16 Incident notification.

(A) This rule establishes standards to ensure the prompt and accurate notification of certain prescribed incidents.

(B) Definitions

(1) “Incident” means any event that poses a danger to the health and safety of residents and/or staff and visitors of the facility, and is not consistent with routine care of persons served or routine operation of the facility.

(2) “Reportable Incident” means an incident that must be submitted to the entities listed in paragraph (C) of this rule, including incidents that must then be forwarded by the department to the Ohio legal rights service pursuant to section 5123.604 of the Revised Code. Reportable incidents are those that involve residents and shall include deaths, serious bodily injuries, alleged criminal acts, alleged abuse or neglect, any adverse reaction of a resident to a life threatening degree due to an administered drug, medication errors likely to result in serious consequences to a resident, and any life threatening situations. As referenced in division (C) of section 5119.611 of the Revised Code, “Major Unusual Incident” has the same meaning as “Reportable Incident”.

(1) Reportable incidents shall be documented on form “DMH-LIC-015” as required by the department and shall be prepared, signed, and sent by the operator, or staff of type 1, 2, and 3 facilities, within twenty-four hours of their discovery, exclusive of weekends and holidays, to all of the following:

(a) The mental health agency from which the mental health resident is receiving services;

(b) The mental health agency with which the facility is affiliated, if different from the agency specified in paragraph (C)(1)(a) of this rule;

(d) The department of mental health; and

(e) The resident’s guardian/custodian, if applicable.

Form “DMH-LIC-015” shall include identifying information about the facility, date, time and type of incident and resident information that has been de-identified pursuant to the HIPAA privacy regulations, [45 C.F.R. 164.514(b)(2)]. A description of reportable incidents and reporting instructions shall be included as part of form “DMH-LIC-015”.

(2) The department may initiate follow-up and further investigation of the incident, as deemed necessary and appropriate, or may request such follow-up and investigation by the residential facility, regulatory or enforcement authority, the community mental health board and/or the affiliating mental health agency.

(D) In addition to the provisions of paragraph (C) of this rule, and consistent with provisions of division (A)(2) of section 340.03 of the Revised Code, notification of incidents indicating alleged abuse or neglect of any person served shall be forwarded to the community mental health board no later than twenty-four hours after discovery of the incident.

(E) Any person who has knowledge of any instance of abuse or neglect, or alleged abuse/neglect, or suspected abuse/neglect of:

(1) Any child or adolescent, shall immediately notify the county children’s services board, the designated child protective agency, or law enforcement authorities, in accordance with section 2151.421 of the Revised Code; or

(2) An elderly person, shall immediately notify the appropriate law enforcement and county department of jobs and family services authorities in accordance with section 5101.61 of the Revised Code.

(F) Reporting

(1) The following incidents shall also be reported on form “DMH-LIC-015”, within twenty-four hours of their discovery, exclusive of weekends and holidays:

(a) Any fire which necessitates the relocation of residents and/or requires medical intervention or hospitalization; and

(b) Disaster, flood, earthquake, tornado, explosion, etc.; any natural or unusual occurrence that necessitates the relocation of residents and/or requires medical intervention or hospitalization.

Eff 5-10-79; 5-1-81; 1-1-00; 8-1-02; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 5119.22

Rule amplifies: RC 5119.22 RC 119.032 review dates: 4/15/02, 8/01/07, 1/9/04, 3/25/09