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| Montana Administrative Register Notice 37-608 | No. 19 10/11/2012 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On November 1, 2012, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in Room 207 of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.
2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on October 25, 2012, to advise us of the nature of the accommodation that you need. Please contact Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
37.34.1501 INCIDENT REPORTING AND HANDLING, PURPOSE (1) These rules govern the reporting and handling of incidents which harm or could result in harm to (a) (b) (c) (d) Incidents constituting abuse and neglect of a child as defined in 41-3-102, MCA or abuse, neglect, and exploitation of a person with a developmental disability as defined in 52-3-803, MCA are subject to the statutory and rule provisions governing the reporting, investigation, and protection of those circumstances.
AUTH: 53-6-402, 53-20-204, MCA
4. The department proposes to repeal the following rules:
37.34.1502 INCIDENT REPORTING AND HANDLING, POLICY, is found on page 37-7533 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
37.34.1506 INCIDENT REPORTING AND HANDLING, is found on page 37-7537 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
37.34.1507 INCIDENT REPORTING AND HANDLING, DEATH, SUICIDE ATTEMPT, UNACCOUNTED FOR ABSENCE, EMERGENCY HOSPITALIZATION OR LAW ENFORCEMENT INVOLVEMENT, is found on page 37-7537 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
37.34.1511 INCIDENT REPORTING AND HANDLING, INVESTIGATIONS, is found on page 37-7541 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
37.34.1512 INCIDENT REPORTING AND HANDLING, CONFIDENTIALITY, is found on page 37-7541 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
37.34.1513 INCIDENT REPORTING AND HANDLING, CLIENT ABUSE OR CLIENT PROBLEM BEHAVIOR, is found on page 37-7542 of the Administrative Rules of Montana.
AUTH: 53-20-204, MCA IMP: 53-20-205, MCA
5. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (the department) proposes to amend ARM 37.34.1501 and to repeal ARM 37.34.1502, 37.34.1506, 37.34.1507, 37.34.1511, 37.34.1512, and 37.34.1513 pertaining to incident reporting and handling. The rules in subchapter 15 were enacted in 1988 and last amended in August of 1996. The department is proposing to amend the Incident Reporting and Handling rules governing incident management to reflect policy updates the department is instituting pertaining to the Developmental Disabilities Program Incident Management System and to adopt and incorporate by reference the manual, Developmental Disabilities Program (DDP) Incident Management Procedures Manual, dated August 8, 2012.
ARM 37.34.1501
The department proposes to amend the language in ARM 37.34.1501 to give notice of the adoption and incorporation by reference of a new manual containing the requirements adopted by DDP to govern incident reporting. The Developmental Disabilities Program Incident Management Procedures Manual, dated August 8, 2012, describes the processes used by the department when an incident occurs during the course of delivery of DDP funded services. It is necessary to amend this rule to adopt the above-referenced manual which provides structure and develops a consistent, statewide system of incident management, trend analysis reporting, and guidance for critical incident investigations for DDP service providers. The provisions of the manual require incidents that bring harm, or have potential to bring harm, to people served through the department and its network of service providers, to be immediately and routinely identified, reported, and reviewed as a part of each service provider's internal quality management system. The manual also aims to ensure the implementation of corrective action measures that will prevent the recurrence of similar incidents, along with other activities that allow service providers to be proactive in their responsibilities to reduce the risk of harm to people receiving DDP funded services.
Section 1 of the manual categorizes incidents that involve people receiving services, describes the data management system notification required for each level, illustrates notification procedures, and requires reporting under the Montana Elder and Persons with Developmental Disabilities Abuse Prevention Act. This section is necessary to set the framework for consistent statewide DDP incident management.
Section 2 of the manual describes the internal processes that provider agencies must implement in order to protect people receiving services from harm, report incidents, designate staff roles in coordinating incident management, and to take action in response to an incident. This is necessary to present providers clear and concise direction when creating internal policy and procedures which in turn aids to better instruct staff on incident management systems.
Section 3 and Section 4 of the manual defines the roles and responsibilities of nonprovider agency staff, DDP staff, and the coordinators/committees who review reported incidents. Incident management requires a great deal of coordinated efforts and in order to be successful, it is necessary for each person to be informed of their responsibilities around those efforts.
Section 5 and the following appendices describe the types of reviews/investigations that may be required dependent upon the severity of the incident and provides the directives to carry out each type of review/investigation. This portion of the manual provides the protocols used to identify, collect, and analyze the evidence in an investigation, provides the process for reviewing the evidence and reconciling the information, and provides instruction for the incident report. The clarity in the manual of these steps is necessary to ensure the integrity of the review/investigation outcomes and corrective actions as well as the accuracy of trend analysis reporting.
The Department of Public Health and Human Services (the department) proposes to repeal ARM 37.34.1502, 37.34.1506, 37.34.1507, 37.34.1511, 37.34.1512, and 37.34.1513 pertaining to incident reporting and handling. It is necessary to repeal these rules because the rules were originally enacted in 1988, last updated in 1996, and no longer provide accurate information or direction in relation to current incident reporting and management. The manual, as proposed to be adopted and incorporated by reference in ARM 37.34.1501, will provide one accurate and updated source for providers and department staff to access the information required to provide successful incident management.
Fiscal Impact There is no fiscal impact.
6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Kenneth Mordan, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., November 8, 2012.
7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.
9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Cary B. Lund /s/ Anna Whiting Sorrell Rule Reviewer Anna Whiting Sorrell, Director Public Health and Human Services
Certified to the Secretary of State October 1, 2012.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.
