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Investigation of Alleged Violations, Protection of Patients and Criminal Misconduct

Sets out what the Agency does when anyone furnishing services on its behalf is accused of mistreatment, neglect, abuse, causing an injury of unknown source or taking a patient's property: immediate report to the Administrator, immediate protection of the patient (including removing the accused from patient contact), a prompt documented investigation, corrective action, and, if the violation is verified, a report to CDPH and other bodies with jurisdiction within 5 working days. It also covers criminal misconduct, cooperation with CDPH and law enforcement, and protection from retaliation.

Preview: full text with a package
About this policy
Policy number
CA-HSP-ANE-02
Version
1.0
Main rule
42 CFR §418.52(b)(4)
Library
California hospice · 60 policies
Category
Safeguarding
Sections
17

In short

  • If anyone says a staff member, contractor or volunteer hurt, neglected or stole from a patient, tell the Administrator immediately.
  • The accused person is taken off patient visits at once while the Agency investigates.
  • Keep notes, schedules and other evidence; do not discuss the case with the person accused.
  • Help with the investigation by telling what you know honestly.
  • You will not be punished for reporting or helping. A verified violation is reported to CDPH within 5 working days.

What's inside

17 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • Terms of Reference
  • 1. Purpose
  • 2. Scope
  • 3. Definitions
  • 4. Policy Statement (42 CFR §418.52(b)(4))
  • 5. Immediate Actions (Day 0)
  • 6. Investigation
  • 7. Corrective Action
  • 8. Reporting Verified Violations (42 CFR §418.52(b)(4)(iv))
  • 9. Protection From Retaliation
  • 10. Responsibilities
  • 11. Records and Compliance Monitoring
  • 12. Staff Training
  • 13. References
  • 14. Related Policies and Forms
  • 15. Approval
  • 16. Revision History

An inspector may ask

  • Show me the investigation file for the last allegation against a staff member.
  • What did you do to protect the patient while you investigated?

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