La. Admin. Code tit. 48 § I-1315

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

Section I-1315 - Procedures Following Receipt of Investigation Report

1. Within 24 hours of its completion, copies of the investigation report shall be sent to:

a. the facility administrator;

b. the Local Oversight Committee; and

c. the Gary W. Project Office.

2. Within 24 hours of receipt of the Investigation Report, the Gary W. Project Office will send a copy of the investigation report to the Quality Assurance Monitoring Group/Independent Monitoring Unit and plaintiff's counsel.

B. The facility administrator shall take final disciplinary action, if any, in accordance with §1311

C. The local oversight committee shall review all investigation reports of any incident which was investigated by a designated representative.

D. Within seven business days of receipt of a state investigation report the Gary W. Project Office, either directly or upon request of a program office, shall request a corrective action plan from a facility in any of the following instances:

1. in the case of death (when deemed appropriate or when requested by the Quality Assurance Monitoring Group/Independent Monitoring Unit) or serious injury to a class member;

2. in any instance in which there appears to be a pattern of abuse or neglect within a facility;

3. in any instance in which there appears to be inadequate supervision of staff within a facility;

4. in any other instances in which the Gary W. Project Office or a program office determines that such a corrective action plan is necessary or desirable to protect class members.

E. The Gary W. Project Office may include certain minimum actions which must be included in the corrective action plan. All corrective action plans shall state what disciplinary action, if any, was taken relative to the incident.

F. All corrective action plans shall be implemented within 15 days unless the Gary W. Project Office agrees to an extension of not more than 30 additional days.

G. Copies of the corrective action plan shall be sent to those persons and entities listed in A. of this Section.

H. The secretary and appropriate program offices of DHH shall be responsible for ensuring that corrective action plans have been implemented. The Gary W. Project Office shall be responsible for monitoring and tracking corrective action plans and shall request documentation from the facility for this purpose. In addition, the Gary W. Project Office, through the case-manager, shall conduct at least two on-site inspections of the facility in the six-month period following the preparation of the corrective action plan to ensure that the plan is being implemented. Deficiencies in the implementation of the plan shall be called to the attention of the facility administrator and corrected within 30 days. Verification of the corrections shall take place within 30 days thereafter by an on-site inspection by the case-manager. A certification of correction will be issued by the Gary W. Project Office upon verification of all corrections. Copies of the certification of corrections shall be sent to those persons and entities listed in A. of this Section.

1. Technical assistance in the development and implementation of corrective action plans will be available to a facility at any time, upon request, through the Gary W. Project Office. In addition, a facility may be required to accept technical assistance as part of a corrective action plan.

La. Admin. Code tit. 48, § I-1315

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 14:539 (August 1988).

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