La. Admin. Code tit. 48 § I-1309

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

Section I-1309 - Format for Investigation

A. Purpose and Standard of Proof. The purpose of the investigation is to determine if the allegation of abuse, neglect or other unusual occurrence can be substantiated by a fair preponderance of the credible evidence. That means that based upon a review of the believable evidence, an incident is more likely than not to have either occurred or not occurred. The investigator is to determine whether or not an incident occurred, even if the investigator cannot determine the cause or perpetrator of the incident. All investigations must use the standard form entitled Investigation Report.

B. Content of Investigation

1. Each investigation shall contain:

a. a summary description of any allegations, including the name and job title (or address) of the person making the allegation;

b. a summary of any injuries or other harm to the class member;

c. summaries or verbatim transcripts of any statements made by witnesses;

d. an evaluation by the investigator of the credibility of any witnesses, including any reasons for conclusions about the witnesses' credibility (e.g. personal involvement, bias);

e. a summary of any statements made by experts concerning their opinions as to the cause of any incident (e.g. statements by a physician whether an injury is likely to have been accidental);

f. an evaluation of the evidence by the investigator and his/her conclusion whether the allegation is valid, invalid, or invalid with concerns (listing the concerns);

g. any recommendations for corrective action;

h. steps taken to protect class member(s) during pendency of investigation.

C. Method of Proceeding

1. As a minimum, each investigator must:

a. review all medical reports connected with the alleged incident;

b. interview all witnesses to the incident;

c. interview all staff who were responsible for the class member at the time of the incident;

d. take notes or record each interview and prepare a summary of each interview;

e. where appropriate, take photographs of any injuries;

f. where appropriate, seek an evaluation of the incident from professionals who either work with the class member or who treated any injuries associated with an alleged incident.

D. Filing of Investigation Report

1. Upon completion of the investigation and preparation of the investigation report, the person responsible for conducting the investigation shall immediately send a copy to the Gary W. Project Office, the local oversight committee, the casemanager for the class member(s) involved in the incident and the facility administrator. The Gary W. Project Office shall immediately send a copy of the investigation report to the Quality Assurance Monitoring Group/Independent Monitoring Unit, and plaintiff's counsel. In addition, the investigator shall conduct an exit interview with the facility administrator or his/her designee to outline findings and to cite recommendations.

La. Admin. Code tit. 48, § I-1309

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.