Notification Procedures - Preliminary Determinations

5320.1 - Notification Procedures - Preliminary Determinations (Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26) If the State makes a preliminary determination, based on oral or written evidence and its investigation, that resident neglect, abuse, or misappropriation of property has occurred, the State completes the following notification procedures: 1. Individuals Notified - The State notifies the following individuals in writing within 10 working days of the investigation: a. Individual(s) implicated in the investigation; and b. The current administrator of the facility in which the incident occurred. 2. Notice Information - The following information is included in the notice: a. Nature of the allegation (specific facts); b. Date and time of the occurrence; c. A statement that the individual implicated in the investigation has a right to a hearing and must request the hearing within 30 days from the date of the notice. Provide the individual with the specific information needed to request a hearing, such as the name and address of a contact in the State to request a hearing; d. Statement that if the individual fails to request a hearing, in writing, within 30 days from the date of the notice, the findings are reported to the nurse aide registry or the appropriate licensure authority; e. The intent to report findings upheld by a hearing in writing to the nurse aide registry and/or to the appropriate licensure authority; f. Consequences of waiving the right to a hearing; g. Consequences of a finding through the hearing process that the resident abuse or neglect, or misappropriation of property did occur; and h. Right of the accused individual to be represented by an attorney at the individual’s own expense.