404 Neb. Admin. Code, ch. 5, § 004

Current through June 17, 2024
Section 404-5-004 - ABUSE AND NEGLECT

The provider must develop and implement a system to detect and prevent abuse or neglect and to handle allegations or suspicions of abuse, neglect, or exploitation. The provider must:

(A) Establish a definition of abuse or neglect that is consistent with these regulations;
(B) Establish a process and timelines for prompt and accurate reporting of allegations or suspicions of abuse or neglect to appropriate outside authorities that is in accordance with applicable law;
(C) Have measures and timelines for reporting of allegations or suspicions of abuse or neglect to appropriate provider administrative staff; the legal representative, if appropriate; and the service coordinator;
(D) Conduct a timely, thorough, and objective investigation of all allegations or suspicions of abuse or neglect, including protection of participants during the investigation;
(E) Establish a process for disciplinary action taken when staff are found to have engaged in abusive or neglectful behavior; and
(F) Take appropriate corrective or disciplinary action in response to the investigation. As part of this action, the provider must:
(i) Complete a review, by the director of the entity or designee, of all allegations or suspicions, and investigations and make decisions on the action to be taken;
(ii) Identify the means to lessen the likelihood of further incidents if the allegation or suspicion is substantiated; and
(iii) Document the allegation or suspicion, investigation, conclusion, action taken, and means to prevent further incidents.

404 Neb. Admin. Code, ch. 5, § 004

Adopted effective 11/19/2022