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Self-Report/Facility Reporting Requirements

PDF Version of OQA 06-030 (PDF 34 KB)

Date:   November 30, 2006 -- OQA Memo 06-030

To:      Adult Family Homes AFH 12
            Community Based Residential Facilities CBRF 14
            Residential Care Apartment Complexes RCAC 10

From: Kevin Coughlin, Chief Assisted Living Section

Via:    Otis Woods, Director, Office of Quality Assurance
                           

Self-Report/Facility Reporting Requirements

PURPOSE

The purpose of this memo is to serve as a reference for Adult Family Homes (AFHs), Community-based Residential Facilities (CBRFs), and Residential Care Apartment Complexes (RCACs) on the types of incidents that need to be reported to the Office of Quality Assurance (OQA). These reports, known as self-reports, are required to be submitted to the Department under Wisconsin Statutes, ch. 50, and Wis. Administrative Code, chs. HFS 83, 88, and 13. Providers may also self-report incidents or situations not required by regulation.

REPORTABLE INCIDENTS BY PROVIDER TYPE

AFH

1.  According to § HFS 88.03(5), licensees of AFHs must report to OQA 
     the following incidents within the time specified:

     a.  Report within seven days any significant and ongoing change in the
          type or amount of services the licensee offers to provide, if the
          change adversely affects any resident who needs the service.

     b.  Report within seven days any change in household members,
          excluding paid staff, i.e., any person who is not a resident but lives
          in the AFH.

     c.  Report within 48 hours that the licensee or service provider has
          pending, has been charged with, or convicted of any crime that is
          substantially related to caring for dependent persons.

     d.  Report within seven days any change in the home's structure or
          damages to the home that may present a hazard to the residents.

     e.  (1) Report within 24 hours, any significant change in a resident's
          status, such as, but not limited to, an accident requiring
          hospitalization, elopement from the home, or a reportable death. A
          death shall be reported if there is reasonable cause to believe that
          the death was due to use of a physical restraint or psychotropic
          medication, was a suicide, or was accidental.

          (2) Report within three days any death due to incident or accident
          not due to use of a restraint, psychotropic medication, or suicide.

2.  According to § HFS 88.11, an AFH provider who knows, or has
     reasonable cause to suspect, that a resident has been abused or
     neglected as defined in Wis. Stats. §§ 46.90 or 940.285, shall
     immediately, i.e., without delay, contact the licensing agency.

Self-reports are to be sent to the regional office that serves the facility. Providers will not receive confirmation from the Department of receipt of a self-report. Once a self-report is received, the Assisted Living Regional Director will review the report and determine what actions, if any, are required by the Department.

CBRF

1.  According to Wis. Stat. § 50.035(5)(b) and § HFS 83.19(2), a CBR
     must report to OQA the following incidents within the time specified:

     a.  Report within 24 hours after the death of a resident, if there is
          reasonable cause to believe the death was related to the use of a
          physical restraint or psychotropic medication or was a suicide.

     b.  Report to OQC within three working days, when a resident dies as
          a result of an incident or accident not related to the use of a
          physical restraint or psychotropic medication, and the death was
          not a suicide.

2.  According to § HFS 83.19(3), a CBRF must send a report to the
     Department within three (3) working days after any of the following
     incidents occurs:

     a.  A fire on the premises of the CBRF.

     b.  When the licensee, administrator, employee or a resident contract
          a communicable disease required to be reported under Wis.
          Admin. Code, ch. HFS 145.

     c.  When a resident's whereabouts is unknown and he or she is
          considered missing, and the resident is considered to be in
          danger. The local law enforcement authority shall be notified as
          soon as this determination is made. The CBRF shall notify OQA
          within three (3) calendar days after notification of the law
          enforcement authority. This subdivision does not apply to CBRFs
          serving clients of a governmental corrections agency or persons
          recovering from substance abuse.

     d.  At any time the police are called to the CBRF as a result of actions
          or incidents that seriously jeopardize the health, safety, or welfare
          of residents or staff. A description of the circumstances that
          required police intervention shall be provided to the OQA. This
          subdivision does not apply to CBRFs serving clients of a
          governmental corrections agency.

     e.  When an accident occurs resulting in a serious injury requiring
          inpatient hospitalization of a resident.

     f.   When a catastrophe occurs resulting in damage to the CBRF.

Self-reports are to be sent to the regional office that serves the facility. Providers will generally not receive confirmation from the Department of receipt of a self-report. Once a self report is received, the Assisted Living Regional Director will review the report and determine what actions, if any, are required by the Department.

AFHs, CBRFs, and RCACs

1.  All assisted living providers regulated by the OQA, except Adult Day
     Care providers, must report incidents of caregiver misconduct as
     defined under Wis. Admin. Code, ch. HFS 13, if the incident meets
     the reporting requirements.

2.  Providers must conduct a complete and thorough investigation of
     allegations of caregiver misconduct (abuse, neglect, misappropriation
     of property) and injuries of unknown source. The provider must report
     an incident, i.e., caregiver misconduct or injuries of unknown source, if
     both of the following conditions are true:

     a.  There is a reasonable cause to believe they have sufficient
          evidence, or another regulatory authority could obtain the
          evidence, to show the alleged incident occurred; AND

     b.  There is reasonable cause to believe that the incident meets, or
          could meet, the definition of abuse, neglect, or misappropriation.

3.  If the conclusion is that you must report the incident, then complete the
     Incident Report of Caregiver Misconduct Form (DDE-2447). Submit
     reports of alleged caregiver misconduct and injuries of unknown
     source within seven (7) calendar days of the incident or the date the
     entity knew of the incident. Submit the completed DDE-2447 Incident
     Report for allegations involving all staff (including credentialed and
     non-credentialed) to:

OFFICE OF CAREGIVER QUALITY
2917 INTERNATIONAL LN, STE 300
MADISON WI 53704-3100

NOTE: In the past, providers were required to submit the report either to OQA or to the Department of Regulation and Licensing (DRL). This process has been streamlined to eliminate reporting to two different state agencies. All caregiver misconduct reports are now submitted to OCQ staff, who will forward those reports involving credentialed staff (e,g., MDs, RNs, LPNs, Social Workers, etc.) to DRL for review.

Reference: BQA Memo 04-028
Revised Caregiver Misconduct Reporting Requirements for BQA Entities

ASSISTED LIVING REGIONAL OFFICES

Northern Region
Assisted Living Regional Director
2187 N STEVENS ST STE C
RHINELANDER WI 54501-8036
Phone: (715) 365-2816
Fax: (715) 365-2815

Northeastern Region
Assisted Living Regional Director
200 N JEFFERSON ST STE 211
GREEN BAY WI 54301-5100
Phone: (920) 448-5338
Fax: (920) 448-5254

Southeastern Region
Assisted Living Regional Director
819 N 6TH ST RM 609-B
MILWAUKEE WI 53203-1606
Phone: (414) 227-4565
Fax: (414) 227-3903

Southern Region
Assisted Living Regional Director
2917 INTERNATIONAL LN STE 300
MADISON WI 53704-3100
Phone: (608) 243-3868
Fax: (608) 243-2389

Western Region
Assisted Living Regional Director
610 GIBSON ST STE 1
EAU CLAIRE WI 54701-2626
Phone: (715) 836-4029
Fax: (715) 836-2535

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