OAR 411-415-0055: Abuse and Serious Incident Management for Case Management Entities

(1) A CME must record all serious incidents related to an individual enrolled in developmental disabilities services using the CAM system. (a) All reports of abuse and serious incidents must be entered into CAM regardless of the date of the incident. (b) The CME must verify that a report of abuse has been made for any serious incident that might describe abuse and make a report of abuse if one has not been made. (c) A serious incident must be entered into CAM within seven calendar days of the CME becoming aware that a serious incident has occurred. (d) A complaint of abuse may only be entered into CAM by an abuse investigator. (e) Every serious incident entered into CAM must be closed in CAM no more than 30 calendar days from the date the incident was entered into CAM. (f) The CME must form an incident management team to review serious incidents for evidence of trends. The CME must submit findings to the Department quarterly on a format determined by the Department. (A) The incident management team at a CDDP must include at a minimum three people, including an abuse investigator and a management level staff member. (B) The incident management team at a Brokerage must include at a minimum three people, including a personal agent and a management level staff member. (2) When a CME is notified that an individual has had serious illness, serious injury, or has died, the CME must assure that notification is made to all of the following (as applicable) within one business day of becoming aware of the serious illness, serious injury, or death: (a) All paid provider agencies and common law employers. (b) The individual's legal representative, designated representative, family, and other significant person identified by the individual to be contacted under these circumstances. (c) A Brokerage, in the event of the death of an individual, must immediately, but not later than one business day, notify all of the following: (A) The Department. (B) An abuse investigator at the local CDDP. (3) If an abuse investigator does not make an attempted initial contact following a complaint of abuse, an abuse investigator may require an attempted initial contact be completed by an individual’s CME. When a CME is instructed by an abuse investigator to attempt an initial contact, the CME must assure that an initial contact with an alleged victim is made within the end of the next business day of receiving a complaint of abuse. The initial contact must be completed consistent with OAR 419-100-0050 to assess adult protective service needs and determine if the adult is in danger or in need of immediate protective services. (4) If an abuse investigator does not inform an individual’s legal representative of a complaint of abuse, an abuse investigator may require a CME to notify the individual’s legal representative within one business day of the complaint of abuse.