RESPONSIBILITY FOR REPORTING/INVESTIGATING
§ 6000.911. Providers.
(a) Employees, contracted agents and volunteers of providers covered within the scope of this subchapter are to respond to events that are defined as an incident in this subchapter. When an incident is recognized or discovered by a provider, prompt action is to be taken to protect the individual’s health, safety and rights. The responsibility for this protective action is assigned to the provider initial reporter and point person. The protection may include dialing 911, escorting to medical care, separating the perpetrator, calling ChildLine, arranging for counseling and referring to a victim assistance program. Unless otherwise indicated in the individual support plan, the provider point person or designee is to inform the individual’s family within 24 hours, or within 72 hours for medication error and restraint, of the occurrence of an incident and to also inform the family of the outcome of any investigation.
(b) After taking all appropriate actions following an incident to protect the individual, the provider is to report all categories of incidents and complete an investigation as necessary whenever services or supports are:
(1) Rendered at the provider’s site.
(2) Provided in a community environment, other than an individual’s home, while the individual is the responsibility of an employee, contracted agent or volunteer.
(3) Provided in an individual’s own home or the home of his family, while an employee, contracted agent or volunteer is providing services in the home.
(c) In situations when multiple providers learn of an incident, the provider responsible for the individual at the time the incident occurred is to report the incident and conduct any required investigation. If it cannot reasonably be determined which provider had responsibility at the time of the incident, all providers who are aware of the incident are to report the incident and investigate.
(d) If, during an investigation, the certified investigator assigned by the provider determines that an alleged perpetrator is not an employee, a volunteer or an individual receiving services from the provider, the certified investigator is to complete the investigation summary in the HCSIS incident management application stating the reason why the investigation could not be concluded. The certified investigator is to review the protective action taken by the agency and ensure communication with county staff occurs, outside HCSIS, to alert the county that appropriate interventions may be needed to protect the individual.
(e) In addition, employees, contracted agents or volunteers of provider agencies are to report deaths, alleged abuse or neglect when they become aware of such incidents regardless of where or when these incidents occur. If the death, alleged abuse or neglect occurred beyond the provider’s responsibility as specified in subsection (b)(1)—(3), the provider is not to report the incident in HCSIS, but instead should give notice of the incident, outside of HCSIS, to the individual’s supports coordinator.
(f) Any person, including the victim, shall be free from intimidation, discriminatory, retaliatory or disciplinary actions exclusively for the reporting or cooperating with a certified investigation. These individuals have specific rights as defined by the Whistleblower Law (43 P.S. § § 1421—1428) and the Older Adults Protective Services Act (35 P.S. § 10225.101—10225.5102). See Appendix F (relating to related laws, regulations and policies).
Cross References This section cited in 55 Pa. Code § 6000.913 (relating to county mental health/mental retardation programs); 55 Pa. Code § 6000.925 (relating to categories of incidents to be investigated); and 55 Pa. Code § 6000.955 (relating to supports coordinator).
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