Common use of PROTECTION FROM HARM Clause in Contracts

PROTECTION FROM HARM. 48. The State shall ensure that Ft. Bayard residents are adequately protected from harm. 49. The State shall immediately provide adequate supervision of Ft. Bayard residents to protect them from harm to the extent reasonably possible, including instances of resident- on-resident assaults. 50. The State shall ensure that there are sufficient numbers of adequately trained staff, particularly RNs, LPNs, and Certified Nursing Assistants, present and on duty on each shift to ensure adequate supervision of residents and to prevent otherwise preventable injuries and incidents, including resident- on-resident assaults. 51. The State shall identify Ft. Bayard residents who are at risk of harm, or who pose a risk of harm to other residents, based upon residents’ cognitive impairments or dangerous behaviors, and develop and implement measures to protect residents from the potential of self-harm or harm to other residents. 52. The State shall identify residents who are at risk of being victimized and take adequate steps to protect them. 53. Anytime a resident suffers an injury or experiences any event that exposes the resident to harm, such as an elopement, the resident shall receive adequate medical evaluation and treatment, including but not necessarily limited to the following items discussed in this paragraph. An incident report shall be completed at the time of the occurrence and submitted to the Medical Director and the Director of Nursing. The Medical Director and the Director of Nursing shall review and sign all incident reports and initiate any appropriate administrative and/or clinical action. At the time of the occurrence, a Registered Nurse shall assess the resident to determine if there is actual or suspected injury and implement necessary and appropriate care to prevent further complications. A physician shall be notified immediately of any change in the resident’s condition as a result of the incident and shall evaluate the resident’s condition and the circumstances surrounding the incident and prescribe medical care as needed. The resident’s family shall be promptly notified of the incident whether the resident suffers an injury or not. All incidents shall be investigated by the Director of Nursing or a competent designee. 54. If the investigation reveals that a staffing issue contributed to the incident, the State shall take those measures necessary to resolve the issue. 55. Upon completion of the investigation, the Director of Nursing, in conjunction with other staff, including the Administrator, where appropriate, shall determine if further action should be taken. Further action may include, but is not necessarily limited to: education with the staff, resident, and/or others involved; referral of the resident to an appropriately comprised interdisciplinary team for evaluation and implementation of preventive measures; or appropriate disciplinary action of any staff involved. The family of the resident(s) involved in the matter shall be kept advised and informed of the outcome and subsequent action of the investigation, where appropriate and where provided by law. 56. The Administrator and the Director of Nursing shall meet daily to discuss any incidents as well as any measures that should be taken to prevent further occurrences (the Administrator and Director of Nursing may appoint designees to serve this function for weekends and holidays only). The Administrator shall implement measures to prevent, to the extent possible, recurrence of incidents involving neglect, abuse, resident-on- resident assaults, and other unusual occurrences. Further, the Administrator shall ensure that such incidents, including incidents of unknown origin, be reported appropriately to state authorities in accordance with state statutes and regulations. See 42 C.F.R. § 483.13(c)(2). 57. For any resident who sustains more than one injury during any three-month period of time, the Director of Nursing, or the Director’s designee, shall refer the record(s) of each incident to an appropriately comprised interdisciplinary team for review. The State shall implement all corrective measures necessary to avoid future injuries, to the extent possible. The team’s evaluation shall include reviewing the resident’s medical record, current Minimum Data Sets (MDS), the current care plan, and interviewing direct caregivers.