APS and Critical Incident System Proposed Rule Changes
Information on and talking points for the APS and Critical Incident System Proposed Rule Changes, from Lydia Dawson, Esq., Executive Director, Maine Association for Community Service Providers
Adult Protective Services
-The Adult Protective Services System sets up a 24/7 Central Intake line where reports are received via phone call.
-Under this proposed system, the person has no physical confirmation that their report has been received after they hang up.
-These regulations do not trigger any kind of notice to anyone outside of Adult Protective Services that an allegation has been made, an investigation assigned, or a final report issued. For example, a provider may not have any idea an allegation of abuse has been made against an employee providing direct support.
-Further, no outside monitoring agency, such as the Oversight and the Advisory Board, is given access to Adult Protective Services data to ensure appropriate investigatory follow up.
-These regulations allow the Adult Protective Services Central Intake to choose whether to assign cases to investigators and a series of circumstances where allegations of abuse, neglect, and exploitation (and substantial risk thereof) can be closed without investigation.
Critical Incident System
-The Critical Incident System creates a new reporting system for all other mandated reporting outside of allegations of abuse, neglect, or exploitation. For example, emergency room visits and transportation accidents.
-These regulations also create a Mortality Review Committee to review deaths of individuals receiving services. Under these regulations, the Mortality Review Committee includes only Department staff and they review deaths in aggregate on a quarterly basis.
-These regulations require providers to provide quarterly “trend analyses” of Critical Incidents, but do not require the Department to provide statewide data to compare it against.
-These regulations put community case managers, instead of the Department, in the position of monitoring Critical Incidents and ensuring appropriate follow up. It does not give case managers any additional authority than they currently have or describe how to handle circumstances where case managers are the reporter or subject of the report. It sets up a system of providers policing providers.
These are just a few areas. Everyone should take some time to review the regulations in their entirety and provide written comment. Written comments can be submitted to Erin Salvo at [email protected] until January 22, 2018.
Thanks and please let me know if I can provide any additional information which might be helpful.
Lydia Dawson, Esq.
Executive Director
Maine Association for Community Service Providers
PO Box 149 | Hallowell, ME
(207) 623-5005
www.meacsp.org
Adult Protective Services
-The Adult Protective Services System sets up a 24/7 Central Intake line where reports are received via phone call.
-Under this proposed system, the person has no physical confirmation that their report has been received after they hang up.
-These regulations do not trigger any kind of notice to anyone outside of Adult Protective Services that an allegation has been made, an investigation assigned, or a final report issued. For example, a provider may not have any idea an allegation of abuse has been made against an employee providing direct support.
-Further, no outside monitoring agency, such as the Oversight and the Advisory Board, is given access to Adult Protective Services data to ensure appropriate investigatory follow up.
-These regulations allow the Adult Protective Services Central Intake to choose whether to assign cases to investigators and a series of circumstances where allegations of abuse, neglect, and exploitation (and substantial risk thereof) can be closed without investigation.
Critical Incident System
-The Critical Incident System creates a new reporting system for all other mandated reporting outside of allegations of abuse, neglect, or exploitation. For example, emergency room visits and transportation accidents.
-These regulations also create a Mortality Review Committee to review deaths of individuals receiving services. Under these regulations, the Mortality Review Committee includes only Department staff and they review deaths in aggregate on a quarterly basis.
-These regulations require providers to provide quarterly “trend analyses” of Critical Incidents, but do not require the Department to provide statewide data to compare it against.
-These regulations put community case managers, instead of the Department, in the position of monitoring Critical Incidents and ensuring appropriate follow up. It does not give case managers any additional authority than they currently have or describe how to handle circumstances where case managers are the reporter or subject of the report. It sets up a system of providers policing providers.
These are just a few areas. Everyone should take some time to review the regulations in their entirety and provide written comment. Written comments can be submitted to Erin Salvo at [email protected] until January 22, 2018.
Thanks and please let me know if I can provide any additional information which might be helpful.
Lydia Dawson, Esq.
Executive Director
Maine Association for Community Service Providers
PO Box 149 | Hallowell, ME
(207) 623-5005
www.meacsp.org
Information on the APS and Critical Incident System Proposed Rule Changes:
AGENCY: 10-149 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Protective Services System (Click here for the proposed rule changes)
PROPOSED RULE NUMBER: 2017-P178 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline Adult Protective Services functions and practices in accordance with 22 MRS �3493 and eliminate conflicts that currently exist between overlapping Department Rules (10-149 CMR ch. 5 � � 11, 12, 14, and 14-197 CMR ch. 12).
PUBLIC HEARING: January 9, 2018 - 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: [email protected] .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS �42; 22 MRS �3493; 34-B MRS �5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: [email protected] .
AGENCY: 14-197 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 12, Critical Incident System (Click here for the proposed rule changes)
PROPOSED RULE NUMBER: 2017-P179 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline the categories of Critical Incidents (i.e., Reportable Events) that providers serving any Individual(s) Receiving Services (any adult with Developmental Disabilities, including Intellectual Disabilities or Autism Spectrum Disorder, determined eligible for and receiving services from a provider of services licensed, funded, or regulated in whole or in part by the Department, and adults with Acquired Brain Injury determined eligible for and receiving waiver services from a provider of services licensed, funded, or regulated in whole or in part by the Department) are required to report to the Department to ensure the health and safety of members they serve and to outline the process by which providers make and follow up on such reports. The rule being proposed also outlines the Department’s oversight of the Critical Incident System.
PUBLIC HEARING: January 10, 2018, 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: [email protected] .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRS �5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: [email protected] .
AGENCY: 10-149 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 1, Adult Protective Services System (Click here for the proposed rule changes)
PROPOSED RULE NUMBER: 2017-P178 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline Adult Protective Services functions and practices in accordance with 22 MRS �3493 and eliminate conflicts that currently exist between overlapping Department Rules (10-149 CMR ch. 5 � � 11, 12, 14, and 14-197 CMR ch. 12).
PUBLIC HEARING: January 9, 2018 - 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: [email protected] .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS �42; 22 MRS �3493; 34-B MRS �5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: [email protected] .
AGENCY: 14-197 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 12, Critical Incident System (Click here for the proposed rule changes)
PROPOSED RULE NUMBER: 2017-P179 (2nd publication)
BRIEF SUMMARY: This rule was originally published 11/29/17. The public hearing and comment deadline dates have been adjusted. This rule is being proposed in order to outline the categories of Critical Incidents (i.e., Reportable Events) that providers serving any Individual(s) Receiving Services (any adult with Developmental Disabilities, including Intellectual Disabilities or Autism Spectrum Disorder, determined eligible for and receiving services from a provider of services licensed, funded, or regulated in whole or in part by the Department, and adults with Acquired Brain Injury determined eligible for and receiving waiver services from a provider of services licensed, funded, or regulated in whole or in part by the Department) are required to report to the Department to ensure the health and safety of members they serve and to outline the process by which providers make and follow up on such reports. The rule being proposed also outlines the Department’s oversight of the Critical Incident System.
PUBLIC HEARING: January 10, 2018, 9:00 a.m., DHHS, 41 Anthony Avenue, Augusta, Maine 04333
COMMENT DEADLINE: January 22, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Erin Salvo, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-2630. Email: [email protected] .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRS �5604-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
AGENCY WEBSITE: http://www.maine.gov/dhhs/oads/index.html .
DHHS RULEMAKING LIAISON: [email protected] .