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Rule Title: ADULT FOSTER CARE HOMES (AFCH): ILLNESSES, ACCIDENTS, SERIOUS INCIDENTS, ABSENCES, OR DEATH
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: LICENSURE OF COMMUNITY RESIDENCES
Subchapter: Adult Foster Care Homes
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.100.152    ADULT FOSTER CARE HOMES (AFCH): ILLNESSES, ACCIDENTS, SERIOUS INCIDENTS, ABSENCES, OR DEATH

(1) In case of an accident or sudden illness, the provider must immediately obtain needed care for the resident and notify the resident's legal representative within 24 hours.

(2) Any serious incident must be reported to the department's quality assurance licensing surveyor and the resident's legal representative within 24 hours or the next business day following the incident.

(3) The incident report must be in writing and include the following information:

(a) name of the resident involved in the incident;

(b) date, hour, place, and cause of the incident;

(c) description of the incident;

(d) effect of the incident on the resident involved and type of care given;

(e) name of practitioner notified and time of notification, if necessary;

(f) practitioner's statement regarding extent of injuries, treatment ordered, and disposition of resident involved;

(g) time and date guardian notified;

(h) time and date of notification of case manager, if the resident has a case manager; and

(i) corrective measures taken to avoid repetition of accident or incident.

(4) As required by 52-3-811, MCA, any person who operates or is employed by an AFCH must report any suspected abuse, neglect, or exploitation of a resident to adult protective services.

(5) If a resident is unexpectedly absent from the home without explanation for a period of four hours or more, the provider must notify local law enforcement, case managers, and relatives or legal representatives of the resident.

(6) When a resident dies, the provider must immediately notify the resident's practitioner and the resident's legal representative.

History: 50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.


 

 
MAR Notices Effective From Effective To History Notes
37-643 5/23/2014 Current History: 50-5-103, 50-5-215, MCA; IMP, 50-5-103, 50-5-215, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667; AMD, 2014 MAR p. 1098, Eff. 5/23/14.
7/1/1987 5/23/2014 History: Sec. 53-5-304, MCA; IMP, Sec. 53-5-303, MCA; NEW, 1985 MAR p. 289, Eff. 3/29/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667.
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