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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3668 (June 25, 2022).

55 Pa. Code § 2600.16. Reportable incidents and conditions.

§ 2600.16. Reportable incidents and conditions.

 (a)  A reportable incident or condition includes the following:

   (1)  The death of a resident.

   (2)  A physical act by a resident to commit suicide.

   (3)  A serious bodily injury or trauma requiring treatment at a hospital or medical facility. This does not include minor injuries such as sprains or minor cuts.

   (4)  A violation of a resident’s rights in § §  2600.41—2600.44 (relating to resident rights).

   (5)  An unexplained absence of a resident for 24 hours or more, or when the support plan so provides, a period of less than 24 hours, or an absence of a resident from a secured dementia care unit.

   (6)  Misuse of a resident’s funds by the home’s staff persons or legal entity.

   (7)  An outbreak of a serious communicable disease as defined in 28 Pa. Code §  27.2 (relating to specific identified reportable diseases, infections and conditions).

   (8)  Food poisoning of residents.

   (9)  A physical or sexual assault by or against a resident.

   (10)  Fire or structural damage to the home.

   (11)  An incident requiring the services of an emergency management agency, fire department or law enforcement agency, except for false alarms.

   (12)  A complaint of resident abuse, suspected resident abuse or referral of a complaint of resident abuse to a local authority.

   (13)  A prescription medication error as defined in §  2600.188 (relating to medication errors.)

   (14)  An emergency in which the procedures under §  2600.107 (relating to emergency preparedness) are implemented.

   (15)  An unscheduled closure of the home or the relocation of the residents.

   (16)  Bankruptcy filed by the legal entity.

   (17)  A criminal conviction against the legal entity, administrator or staff that are subsequent to the reporting on the criminal history checks under §  2600.51 (relating to criminal history checks).

   (18)  A termination notice from a utility.

   (19)  A violation of the health and safety laws listed in §  2600.18 (relating to applicable health and safety laws).

 (b)  The home shall develop and implement written policies and procedures on the prevention, reporting, notification, investigation and management of reportable incidents and conditions.

 (c)  The home shall report the incident or condition to the Department’s personal care home regional office or the personal care home complaint hotline within 24 hours in a manner designated by the Department. Abuse reporting shall also follow the guidelines in §  2600.15 (relating to abuse reporting covered by law).

 (d)  The home shall submit a final report, on a form prescribed by the Department, to the Department’s personal care home regional office immediately following the conclusion of the investigation.

 (e)  If the home’s final report validates the occurrence of the alleged incident or condition, the affected resident and other residents who could potentially be harmed or his designated person shall also be informed immediately following the conclusion of the investigation.

 (f)  The home shall keep a copy of the report of the reportable incident or condition.

Cross References

   This section cited in 55 Pa. Code §  2600.25 (relating to resident-home contract).

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