La. Admin. Code tit. 48 § I-1307

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1307 - Responsibility for Investigations at Facilities Other Than Small Facilities and Other Than for Community Class Members

A. Except as otherwise provided in the following subsection, the state is responsible for investigating all incidents which are reported to the Gary W. Project Office.

B. In its discretion, the Gary W. Project Office may instruct the facility to investigate any incident which is reported to the Gary W. Project Office, except that the state must investigate all incidents listed in §1305. A .1 of this policy. In addition, the state must investigate any injury to a class member which requires more than first aid whose cause cannot be determined or which occurs at the facility and may investigate any other injury which, in the discretion of the Gary W. Project Office, should be investigated by the state.

C. The facility shall be responsible for investigating all incidents which are reported exclusively to a designated representative under §1305. B of this policy. The designated representative who receives the incident report shall conduct the investigation.

D. If the Gary W. Project Office makes a decision to have the facility conduct an investigation of an incident reported to the project office, it shall communicate that instruction by telephone to a designated representative within 12 hours of receipt of the incident report.

E. Investigation of all incidents shall commence within 12 hours of the receipt of the phone report of the incident. During this 12-hour period, the investigator will visit the facility and meet with the class member. The investigation shall be completed as soon as possible but, in any event, no later than 30 days after it was started.

La. Admin. Code tit. 48, § I-1307

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April, 1987), amended LR 13:299 (May, 1987), amended LR 14:537 (August 1988).

AUTHORITY NOTE: Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil Action 74-2412.