Review and Triage of Allegations

5310.2 - Review and Triage of Allegations (Rev. 212; Issued; 02-10-23; Effective: 10-21-22; Implementation: 10-24-22) The State reviews all allegations of resident neglect and abuse and misappropriation of resident property regardless of the source. 5310.2A-Immediate Jeopardy Priority (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) In cases where the initial report indicates the following, the SA must initiate an onsite survey within three business days of receipt of the initial report: 1) The alleged noncompliance may have caused, or may likely cause, serious injury, harm, impairment, or death to a resident, and 2) The facility has not implemented adequate protection for all residents or the SA has not received sufficient evidence to conclude that residents are adequately protected. For these cases, the SA will enter into iQIES: Intake Type=Incident; Priority = IJ; and Investigate Within X Days = 3 Working Days. In cases where the initial report indicates the following, the SA must initiate an onsite survey within seven business days of receipt of the initial report: 1) The alleged noncompliance may have caused, or may likely cause, serious injury, harm, impairment, or death to a resident, and 2) The facility has potentially implemented adequate protection for all residents. For these cases, the SA will enter into iQIES: Intake Type=Incident; Priority = IJ; and Investigate Within X Days = 7 Working Days. NOTE: See Appendix Q of the State Operations Manual for guidance related to immediate jeopardy situations. Depending on the nature of the allegation, the facility would be expected to take immediate action(s) to ensure the protection of residents. Information provided by the facility may assist the SAs in determining whether there are potentially adequate protections provided to the resident. Examples of such information include, but are not limited to: • Monitoring of the alleged victim and other identified residents who are at risk, such as conducting unannounced management visits at different times and shifts; • Evaluation of whether the alleged victim feels safe and if he/she does not feel safe, taking immediate steps to alleviate the fear, such as a room relocation, increased supervision, etc.; • Providing social services (e.g., emotional support and counseling) to the resident, as needed; • Immediate assessment of the alleged victim and provision of medical treatment as necessary; • Provision of goods and/or services that are necessary to avoid serious injury, harm, impairment, or death to a resident; • Immediate notification of the alleged victim’s physician and the resident representative, when there is injury or a change in condition or status; • If the alleged perpetrator is staff- Removal of access by the alleged perpetrator to the alleged victim and other residents and assurance that ongoing safety and protection is provided for the alleged victim and other residents • If the alleged perpetrator is a resident or visitor- Removal of access by the alleged perpetrator to the alleged victim and, as appropriate, other residents and assurance that ongoing safety and protection is provided for the alleged victim and other residents • Notification of the alleged violation to other agencies or law enforcement authorities, within timeframes as specified under Federal or State law or regulations; and • Whether administrative staff, including the administrator, were informed and involved as necessary in the investigation. Below are examples that indicate that a resident(s) may not be protected in the facility: • The alleged perpetrator continues to have access to the alleged victim and/or other residents; • Retaliation occurs against a resident who reports an alleged violation; • A resident who repeatedly fondles other residents is moved to another unit, where he/she continues to exhibit the same behaviors to other residents; and • A resident with a history of striking a resident is left unsupervised with a resident who has been targeted in the past. The SA may contact the resident/representative to determine whether adequate protections are provided to the resident