Provider Letter No. 17-18 – (Replaces PL 14-13). The examples in this letter are not all inclusive. Many other possible scenarios are reportable. The law requires an owner or employee of a NF who has cause to believe that the physical or mental health or welfare of a resident has been or may be adversely affected by abuse, neglect or exploitation. Attachements included instruct guidance to NFs on resident-to-resident incidents, including sexual activity, and on how to determine whether NFs must report such incidents to DADS CRS as abuse or neglect.
This letter provides guidance for reporting incidents to DADS and:
• Addresses sexual contact between residents when one person is without capacity; and
• Adds two examples to conditions that pose a threat to resident health and safety, an outbreak of disease or illness and a non-functioning call system.
I. REPORTING RESIDENT ABUSE, NEGLECT, EXPLOITATION AND OTHER INCIDENTS TO DADS CONSUMER RIGHTS AND SERVICES (CRS) A NF must report to DADS the following types of incidents:
- ABUSE, defined in 40 TAC §19.101(1) and 42 CFR §483.12(c)(1) (F225)
- NEGLECT, defined in 40 TAC §19.101(81) and 42 CFR §483.5 (F150) and §483.12(b) (F224)
- EXPLOITATION, defined in 40 TAC §19.101(38) and 42 CFR §483.5 (F150)
- DEATH DUE TO UNUSUAL CIRCUMSTANCES
- MISSING RESIDENT
- MISAPPROPRIATION, defined in 40 TAC §19.101(82) and 42 CFR §483.5 (F150) and §483.12(b) (F224)
- DRUG THEFT
- SUSPICIOUS INJURIES OF UNKNOWN SOURCE
- EMERGENCY SITUATIONS THAT POSE A THREAT TO RESIDENT HEALTH AND SAFETY, as defined in 40 TAC §19.1923(b)(1)-(2)