10A NCAC 13F .1208††††††† death REPORTING REQUIREMENTS

(a)† Upon learning of a resident death as described in Paragraphs (b) and (c) of this Rule, a facility shall file a report in accordance with this Rule.† A facility shall be deemed to have learned of a resident death when any facility staff obtains information that the death occurred.

(b)† A written notice containing the information listed under Paragraph (d) of this Rule shall be made immediately for the following:

(1)†††††††††† a resident death occurring in an adult care home within seven days of the the use of a physical restraint or physical hold on the resident; or

(2)†††††††††† a resident death occurring within 24 hours of the residentís transfer from the adult care home to a hospital, if the death occurred within seven days of physical restraint or physical hold of the resident.

(c)† A written notice containing the information under Paragraph (d) of this Rule shall be made within three days of any death resulting from violence, accident, suicide or homicide.

(d)† Written notice may be submitted in person or by telefacsimile or electronic mail.† If the reporting facility does not have the capacity or capability to submit a written notice immediately, the information contained in the notice may be reported by telephone following the same time requirements under Subparagraphs (b) and (c) of this Rule until such time the written notice may be submitted.† The notice shall include at least the following information:

(1)†††††††††† Reporting facility:† Name, address, county, license number (if applicable), Medicare/Medicaid provider number (if applicable), facility administrator and telephone number, name and title of person preparing report, first person to learn of death and first staff to receive report of death, and date and time report prepared;

(2)†††††††††† Resident information:† Name, Medicaid number (if applicable), date of birth, age, sex, race, primary admitting diagnoses, and date of most recent admission to an acute care hospital.

(3)†††††††††† Circumstances of death: place and address where resident died, date and time death was discovered, physical location decedent was found, cause of death (if known), whether or not decedent was restrained at the time of death or within 7 days of death and if so, a description of the type of restraint and its usage, and a description of events surrounding the death; and

(4)†††††††††† Other information: list of other authorities such as law enforcement or the County Department of Social Services that have been notified, have investigated or are in the process of investigating the death or events related to the death.

(e)† The facility shall submit a written report, using a form pursuant to G.S. 131D-34.1(e).† The facility shall provide, fully and accurately, all information sought on the form.† If the facility is unable to obtain any information sought on the form, or if any such information is not yet available, the facility shall so explain on the form.

(f)† In addition, the facility shall:

(1)†††††††††† Notify the Division of Health Service Regulation immediately whenever it has reason to believe that information provided may be erroneous, misleading, or otherwise unreliable;

(2)†††††††††† Submit to the Division of Health Service Regulation, immediately after it becomes available, any information required by this rule that was previously unavailable; and

(3)†††††††††† Provide, upon request by the Division of Health Service Regulation, other information the facility obtains regarding the death, including, but not limited to, death certificates, autopsy reports, and reports by other authorities.

(g)† With regard to any resident death under circumstances described in G.S. 130A-383, a facility shall notify the appropriate law enforcement authorities so the medical examiner of the county in which the body is found may be notified.† Documentation of such notification shall be maintained by the facility and be made available for review by the Division upon request.

(h)† In deaths not under the jurisdiction of the medical examiner, the facility shall notify the decedent's next-of-kin, or other individual authorized according to G.S. 130A-398, that an autopsy may be requested as designated in G.S. 130A-389.


History Note:††††††† Authority G.S. 131D-2.16; 131D-34.1;

Temporary Adoption Eff. May 1, 2001;

Eff. July 18, 2002.