Reporting Requirements

(1) Providers shall report to the Department: (a) any reportable incident involving an individual for whom the provider was responsible for providing care and/or supervision at the time of the incident; (b) any reportable incident that occurs in the provider’s program which is licensed or certified by the Department and involves an individual whose services are not funded by the Department, or who are not eligible for DDS services; (c) any reportable incident involving a child or the primary caregiver of a child participating in the Children’s Autism Home and Community Based Waiver Program; (d) any reportable incident designated by the Department as requiring a major level of (MA REG. # 1344, Dated 7-28-17) review that occurs while an individuals younger than 18 years old is receiving a service funded by the Department; (e) any incident involving a fatality, near fatality, or serious bodily injury of a child receiving services from the Department. A fatality includes deaths resulting from automobile accidents, abusive head trauma, gunshot wounds and drug overdose. Serious bodily injury means bodily injury involving a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty; 13.03: continued (f) any reportable incident that is brought to the provider’s attention that involves an individual who, at the time of the incident, was under the care and/or supervision of a person who is not an employee, volunteer or subcontractor of the provider, as soon as the provider learns of the incident. (2) Department staff (who are not providers) are required to report incidents, as defined in 115 CMR 13.00, which occur when the individual was not in a Department service at the time it occurred as soon the incident is brought to their attention. (3) Persons acting as support brokers to individuals receiving self-directed services shall report incidents involving the individual as soon as the incident is brought to their attention.