N.Y. Comp. Codes R. & Regs. Tit. 18 § 488.13 - Reporting of reportable incidents
Facilities subject to the Justice Center, and any individuals associated with such facility, or performing work for it, who fall within the definition of mandated reporter under section 488 of the Social Services Law, shall report any occurrence constituting a reportable incident immediately to the Justice Center upon having reasonable cause to believe that abuse, neglect or mistreatment or misappropriation has occurred.
(a) Circumstances to be reviewed that may
lead to a reasonable cause conclusion might include, but are not limited to:
(1) a statement that a reportable incident
has occurred;
(2) the presence of a
physical condition (e.g., a bruise) which is inconsistent with
the history or course or treatment of the resident; or
(3) a visual or aural observation of an act
or condition indicating the occurrence of a reportable incident.
(b) Such facilities must report to
the Justice Center reportable incidents, including injuries of unknown origin,
if and when the reasonable cause threshold has been achieved. This might occur
before the facility investigation into the incident has begun or at any time
during the investigation.
(c) If
the reasonable cause threshold has not been achieved, notification to the
Justice Center is not required.
(d)
When an alleged occurrence of a reportable incident occurs, the facility is
required to initiate an investigation. The Justice Center, and/or the
department, may also investigate the incident.
(e) Such reporting obligations are in
addition to those otherwise provided for under this Part.
Notes
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