Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 12 - REPORTABLE EVENTS SYSTEM › Section 197-12-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Abuse:
the infliction of
				injury, unreasonable confinement, intimidation or cruel punishment that causes
				or is likely to cause physical harm or pain or mental anguish; sexual abuse or
				sexual exploitation; financial exploitation; or the intentional, knowing or
				reckless deprivation of essential needs, through acts or omissions.
2.
Adult Protective Services
				(APS):
the unit within the Department responsible for carrying out the
				requirements of
				22 M.R.S.
				§3473, including receiving, promptly
				investigating, and determining the validity of reports of alleged Abuse,
				Neglect, and Exploitation of incapacitated and dependent adults and reports of
				the substantial risk of Abuse, Neglect, and Exploitation of incapacitated and
				dependent adults.
3.
Adult
				Protective Services (APS) Central Intake:
the Department APS unit's 24/7
				telephone line through which any individual may and all Mandated Reporters
				shall report allegations of Abuse, Neglect, or Exploitation of a dependent or
				incapacitated adult.
4.
Care
				Coordinator:
a staff person who is responsible for the development and
				ongoing support of the implementation of the care plan of an Individual
				Receiving Services including monitoring the health, welfare, and safety of the
				Individual Receiving Services.
5.
Case Manager:
an individual responsible for assuring the timely
				convening of the personal planning team, developing the personal plan,
				monitoring the planned services received, and ensuring that those services meet
				the requirements set forth in the plan for an Individual Receiving
				Services.
6.
Emergency
				Medical Services:
acute medical care services provided by a paramedic in
				an out-of-hospital setting.
7.
Emergency Restraint:
an unplanned physical action that limits or
				controls the voluntary movement of an Individual Receiving Services against his
				or her will and that deprives an Individual Receiving Services of the use of
				all or part of his or her body or maintains an Individual Receiving Services in
				an area through physical presence, physical limitation, or coercion.
8.
Exploitation:
the illegal or
				improper use of an incapacitated or dependent adult or that adult's resources
				for another's profit or advantage.
9.
Follow-Up Report:
a required
				written account submitted by Provider staff through the Reportable Event
				Database following any Reportable Event explaining the known cause or likely
				cause of a Reportable Event and any Remediation Action Steps taken or to be
				taken in response to the Reportable Event.
10.
Hospital:
a licensed acute
				health care facility that provides diagnosis and treatment for injuries and
				illnesses. As used in this rule, Hospital includes licensed psychiatric
				hospitals and licensed psychiatric units.
11.
Individual Receiving
				Services:
an adult with a developmental disability, such as an
				intellectual Disability or Autism Spectrum Disorder, determined eligible for
				and receiving services from a provider of services licensed, funded, or
				regulated in whole or in part by the Department, or an adult with an acquired
				brain injury determined eligible for and receiving waiver services from a
				provider of services licensed, funded, or regulated in whole or in part by the
				Department.
12.
Internal
				Review:
required analysis performed by a Provider following a Reportable
				Event to determine the cause of the Reportable Event .
13.
Law Enforcement
				Intervention:
Individual Receiving Services is charged with a crime or
				is the subject of a police investigation, which may lead to criminal charges;
				an individual is a victim of a crime; crisis intervention involving police or
				law enforcement personnel.
14.
Mandated Reporter:
as defined in
				22
				M.R.S. §3477, a person required to
				report to the Department when the person knows or has reasonable cause to
				suspect that an incapacitated or dependent adult has been or is likely to be
				abused, neglected, or exploited.
15.
Medication Error:
an event
				relating to a medication taken by an Individual Receiving Services that leads
				to a health or safety concern of a serious and immediate nature based on
				inappropriate prescription, packaging, dispensing, administration, monitoring,
				or an individual's refusal to take a medication where serious health or safety
				implications result.
16.
Mortality Review Committee:
the committee made up of Department
				staff tasked with analyzing aggregate data related to the deaths of Individuals
				Receiving Services to identify patterns and trends and make recommendations to
				improve care based on trend analysis.
17.
Mortality Review Form:
the
				Reportable Event Database form completed by the Case Manager or Care
				Coordinator of an Individual Receiving Services following the death of the
				Individual Receiving Services.
18.
Neglect:
a threat to an adult's health or welfare by physical or
				mental injury or impairment, deprivation of essential needs or lack of
				protection from these.
19.
Physical Plant:
a home, program site, or facility where an
				Individual Receiving Services resides and the property where the residence is
				located.
20.
Protection and
				Advocacy Agency:
the Governor-designated agency pursuant to
				5 M.R.S.
				§19502.
21.
Provider:
an agency
				licensed, funded, or regulated in whole or in part by the Department that
				provides support services to an Individual(s) Receiving Services.
22.
Remediation Action Step:
a
				measure intended to make a Reportable Event less likely to occur again in the
				future, including changes to a physical environment, changes in Provider or
				individual staff practices, and other preventative measures.
23.
Reportable Event:
any
				incident involving an Individual Receiving Services that falls into any of the
				categories listed in Section 2(2)(A)(1) -(16).
24.
Reportable Event Database:
the electronic system designated by the Department through which Reportable
				Events and follow-up documentation are submitted.
25.
Required Reporter:
any
				individual involved in the support of an Individual Receiving Services,
				including, but not limited to Mandated Reporters.
26.
Rights Violation:
any action
				or inaction that deprives an Individual Receiving Services with an intellectual
				disability or autism of any of the rights or basic protections described in
				34-B
				M.R.S. §5605.
27.
Serious Injury:
an injury
				where an Individual Receiving Services requires treatment beyond first aid.
28.
Suicide Attempt:
an intentional attempt to end one's life. This definition does not include
				self-injurious behavior where the individual does not intend to end his or her
				own life.
29.
Suicide
				Threat:
a verbal or written statement, action, or gesture of an
				Individual Receiving Services that indicates a present intention to end his or
				her life and a plan to end his or her life.