Ch. 45, § 20. Notification of Incident Process

(a) Providers shall report the following incidents involving waiver participants to the Division, the Department of Family Services, Protection & Advocacy System, Inc., the case manager, legally authorized representative(s), and law enforcement immediately after assuring the health and safety of the participant and other individuals: (i) Suspected abuse as defined by W.S. 35-20-102 or W.S. 14-3-202; (ii) Suspected self-abuse; (iii) Suspected neglect as defined in W.S. 35-20-102 or W.S. 14-3-202; (iv) Suspected self-neglect as defined W.S. 35-20-102; (v) Suspected abandonment as defined in W.S. 35-20-102; (vi) Suspected exploitation as defined in W.S. 35-20-102; (vii) Suspected intimidation as defined by W.S. 35-20-102; (viii) Sexual abuse as defined in W.S. 35-20-102; and (ix) Death. (b) Providers shall report the following incidents to the Division, Protection & Advocacy System, Inc., the case manager, and legally authorized representative(s) within one (1) business day: (i) Police involvement, such as arrests of participants or the participant's direct care provider, while they are providing services, or questioning of participants by law enforcement; (ii) Any use of restraint; (iii) Any use of seclusion; (iv) Injuries caused by restraints; (v) Serious injury to the participant; (vi) Elopement; (vii) Medication errors that result in emergency medical attention; and (viii) Medical or behavioral admission and emergency room visits that are not scheduled medical visits. (c) Providers shall report the following medication errors to the Division, the case manager, and legally authorized representative(s) within three (3) business days: (i) Wrong medication; (ii) Wrong dosage; (iii) Missed medication; (iv) Wrong participant; (v) Wrong route; and (vi) Wrong time, which is any deviation from the accepted standard time frame for the medication assistance. (d) In addition to provisions of subsection (a) and (b) of this Section, if, at any time, a significant risk to a waiver participant's health and safety is identified, the provider shall report the incident to the Division. (e) Providers shall have incident reporting policies and procedures that include the requirements of this Section and shall maintain internal incident reports for all incidents identified in this Section. (i) Providers shall review internal incident data including the people involved in the incident, the preceding events, follow-up conducted, causes of reoccurring critical incidents, other trends, actions taken to prevent similar incidents from reoccurring, evaluation of actions taken, education and training of personnel, and internal and external reporting requirements. (ii) Providers shall provide access of internal incident data to case managers within five (5) business days. (f) Providers shall comply with Division or other agency requests for additional information relating to any reported incident.