Title: Section 488.13 - Reporting of Reportable Incidents

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 suspect that abuse, neglect or mistreatment or misappropriation has occurred. 

(a) Circumstances to be reviewed that may lead to a "reasonable cause" to suspect conclusion might include, but are not limited to:

(i) A statement that a reportable incident has occurred;

(ii) The presence of a physical condition (e.g. a bruise) which is inconsistent with the history or course or treatment of the resident; or

(iii) 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" to suspect 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" to suspect 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.