New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 488 - Adult Care Facilities Standards For Enriched Housing › Section 488.14 - Investigations involving facilities subject to the Justice Center

Current through Register Vol. 46, No. 28, July 10, 2024
Investigations involving facilities subject to the Justice
			 Center shall proceed consistent with the following requirements:
(a) Facilities must investigate all alleged
		    violations of reportable incidents, including injuries of unknown origin.
		    Facility policy and procedures must address the process of investigating an
		    incident at the facility level. Such process must include, at minimum, the
		    following elements:
(1) immediately upon
		    notice of the occurrence of a reportable incident, including injuries of
		    unknown origin, the facility must obtain a medical examination, as indicated by
		    the circumstances, of any physically injured individual, record the name of the
		    examiner and retain his/her written findings;
(2) the facility must promptly identify and
		    interview witnesses to the incident. Such interviews should be conducted by
		    qualified, objective individuals in a private area which does not allow those
		    not participating in the interview to overhear. Interviews must be conducted of
		    each party or witness individually, not in the presence of, or under
		    circumstances in which other parties or witnesses may perceive any aspect of
		    the interview. The person alleging the incident, or who is the subject of the
		    incident, must be offered the opportunity to give his/her version of the event.
		    At least one of the persons conducting the interview must have an understanding
		    of, and be able to accommodate, the unique needs or capabilities of the person
		    being interviewed;
(3) the facility
		    must review pertinent information (
e.g.
, medical and other
		    records, observe the scene of the incident, expert assessments, outside service
		    provider information);
(4) the
		    facility must identify physical evidence, if any, and take appropriate measures
		    to safeguard and preserve such evidence;
(5) the facility must establish scope and
		    severity, including duration, staff involvement, number of residents involved
		    and resident outcomes;
(6) the
		    facility must document each of the investigative steps taken;
(7) Upon completion of the investigation, a
		    written report shall be prepared which shall include all relevant findings and
		    information obtained in the investigation with reference to the supporting
		    information obtained in the investigation, and details of steps taken to
		    investigate the incident. The facility director must make a written endorsement
		    of such findings. Such findings must also identify and document the remedial
		    steps to be taken, and designate the person responsible for assessing the
		    efficacy of the remedial action taken. The results of the investigation shall
		    be promptly reported to the department and to the Justice Center.