| Received Date | Received From (Name or Affiliation) | Comment |
|---|---|---|
| 11/13/2024 | Katina Richison - Valley Mountain Regional Center | Providing the proposed definitions will help to standardize reporting practices across regional centers and create more sound SIR data. It is heartening to see "consumer" being changed to the Title 17 language of "individual served" throughout the SIR regulations. If there are any changes to the clinical conditions that are required ot be reported in the Unplanned/Unscheduled Hospitalization category of SIRs it would also be helpful for regional centers to have an updated Map of Clinical Conditions from Title 17. Thank you for your consideration. |
| 11/13/2024 | Westside Regional Center | The increased expectation of reporting by vendors and expanded incident types will place a burden on both vendors and regional centers. Additional reporting back to DDS for OIG has already placed a burden on the Regional Center staff. Smaller regional centers do not have resources to manage additional expectations. This would not be a zero cost change. It would include additional training, revision of all documents, website, as well as expanded need for medical records that are difficult to access due to HIPAA PHI regulation. Vendors who are supporting individuals less than 24/7 would not be able to know about many of these incidents and reporting would be late as a result. Vendor and RC would be penalized for late reporting. All vendors and Long-term care (LTC) report any SIR. Regional center does not get ANY SIRs from Skilled nursing facilities (SNF). DDS Support to require reporting and follow up data is needed. Incident types suggested under neglect Neglect- Falls 2 or more within 30 days. (Instead, we suggest falls be tracked separately from Neglect) Falls are often a result of a person refusing to use recommended equipment ex. Bath chair, walker. Not neglect. ER additional category for ER (in 5 or more days) We recommended that this be consistent with the 3-day reporting required by another dept within DDS. |
| 11/12/2024 | Sara Spencer, Enriching Lives FHA | Please see attached. Download Attachment |
| 11/12/2024 | Central Valley Regional Center | Please see attached document for comments and questions regarding the proposed changes to SIR regulations. Download Attachment |
| 11/11/2024 | Coalition for Housing Accessibility, Needs, Choices & Equality (CHANCE) | Public Comment: Special Incident Reporting The State’s current Special Incident Reporting (SIR) form, process, policy and procedures are being updated to better ensure that events that may signify health and safety concerns are consistently reported across vendors and regional centers. This standardization will enhance the Department’s ability to identify critical events, perform data collection, quantify, measure, track, and analyze incident trends, evaluate gaps, and finally mitigate risks to health and safety. Given the State’s position on housing as healthcare and its focus on equity and inclusion of marginalized and vulnerable populations, the effort to update its SIR process and forms is an important and long-overdue undertaking. This update is an opportunity to harmonize the Department’s procedures and forms to reflect the State’s evolution of equity, inclusion, community-based services, vendors, HCBS, and self-determination. It also can complement other systemic processes in the works right now, including: CERMS, IPP update, HCBS Gap Analysis for DD, Master Plan for Developmental Services, Prop 1 bond implementation and access, Transitional Rent programs, CalAIM, Aging, Dementia, and other state-wide transformational efforts. The updated SIR would then serve as an additional and supportive tool for data collection, trend identification, gap analysis, and risk mitigation in an efficient way and with minimal cost within an existing process and form. I propose that the Department needs to have an in-house tool where the issue of homelessness, risk events, precursors, and placement failures is reported, collected, analyzed, measured, quantified, and outcomes measured in a statewide and consistent manner. I see an updated SIR process and form as that tool. Therefore, I propose that the SIR form and procedures be updated to include line items for the below two reportable events that directly and negatively impact a person’s immediate health and safety: - Experiencing, or at-risk of, HOMELESSNESS; - W&I 4418.7 Reporting: Experiencing, or at-risk of, COMMUNITY PLACEMENT FAILURE. |
| 11/05/2024 | Adeyinka Glover, Disability Rights California | Hello, Attached please find Disability Rights California's comment letter regarding Special Incident Reporting Regulations. Sincerely, Adeyinka Glover, Esq. Download Attachment |
| 10/28/2024 | ARCA | Amy Whiting, Staff Counsel California Department of Developmental Services 1215 O Street Sacramento, CA 95814 RE: Special Incident Reporting Requirements - Proposed Regulations (17 CCR sections 54327, 54327.1, 56002, 56026, 56038, 56059, and 56093) Dear Ms. Whiting: California’s regional centers are a network of 21 community-based non-profits represented by the Association of Regional Center Agencies (ARCA). The regional centers coordinate services for and advocate on behalf of approximately 450,000 Californians with developmental disabilities. ARCA welcomes the opportunity to comment on the amended regulations proposed by the Department of Developmental Services (DDS) related to Special Incident Reporting (SIR) Requirements. ARCA acknowledges and supports DDS's work in amending sections 54327, 54327.1, 56002, 56026, 56038, 56059, and 56093 of Title 17, California Code of Regulations (CCR). These amendments are crucial for enhancing transparency and accountability and, most importantly, ensuring the protection, health, safety, and welfare of individuals served. ARCA appreciates the shift towards "people-first" language, notably replacing the term "consumers" with "individuals served" throughout the regulations. This change reflects a commitment to dignity and respect for those receiving services and aligns with best practices in disability advocacy. By using inclusive and person-centered language, DDS fosters a culture of respect and reinforces the importance of recognizing individuals for who they are beyond the services they receive. Highlights of Key Provisions: Section 54327(a)(14) Definition of Individual Served: ARCA supports the redefinition of “consumer” to “individual served” as it mirrors the values of person-centered planning and promotes the Department's mission to cultivate a respectful and inclusive environment. Clarification in Incident Reporting: ARCA believes that the updated definitions and reporting guidelines, including the more detailed descriptions of incidents such as emotional, financial, and physical abuse and the inclusion of incidents like human trafficking, isolation, and verbal abuse, provide a clearer framework for consistent reporting across regional centers. This will enable better tracking of incidents and improve the overall quality of care. ARCA appreciates the opportunity to provide comments to the Department of Developmental Services regarding the proposed amendments to Special Incident Reporting (SIR) Requirements. We commend DDS for its dedication to improving the regulations to enhance the safety and well-being of individuals served by California's regional centers. If you have any questions regarding our position or require further clarification, please do not hesitate to contact Darline Dupree in our office at ddupree@arcanet.org or (916) 877-8119. ARCA looks forward to ongoing collaboration with DDS to ensure that the proposed amendments are effectively implemented. Sincerely, /s/ Amy Westling Executive Director |
| 10/13/2024 | Nancy R Bissonette-Andrew | Could you please clarify the statement on p. 8 (d): "All vendors shall report to the regional center the following special incidents, if they occurred during the time the individual was receiving services and supports from any vendor". Does this mean during the actual service day when with the vendor, or during any time that the individual is enrolled in services, regardless of when/where the incident took place? Also, should both the residential facility and the day program staff each write an incident report, or just the agency staff that observed/discovered the incident? Thanks for clarifying. |
| 09/26/2024 | Shelly Briggs | (1) The following special incidents if they occurred during the time the consumer was receiving services and supports from any vendor or long-term health care facility: (Clarify) A) (A) The consumer is missing, and the vendor or long-term health care facility has filed a missing person’s report with a law enforcement agency; (Clarify) (B) Reasonably suspected abuse/exploitation including: 1. Physical; 2. Sexual; (Mention of Social media) 4.Emotional/mental; (Mention of Social media 5. Physical and/or chemical restraint. (Clarify, Behavior plans, specific facilities) (D) A serious injury/accident including: (Provide clarification on automobile accidents) 7. Any medication errors; (Clarify medication refusal) 4. Internal infections, including but not limited to, ear, nose and throat; gastrointestinal; kidney; dental; pelvic; or urinary tract; (Clarify, dx by med professional) 8. Involuntary psychiatric admission; (Clarify-give detail on hold not admitted) 5. Rape, including rape and attempts to commit rape. (Provide info on sexual assault) (f) The report pursuant to subsection (b) shall be submitted to the regional center by telephone, electronic mail (Add text) or FAX immediately, but not more than 24 hours after learning of the occurrence of the special incident. (k) These regulations shall not remove or change any reporting obligations under the Elder and Dependent Adult Abuse Reporting Act commencing with Welfare and Institutions Code Section 15600 or the Child Abuse and Neglect Reporting Act commencing with Penal Code Section 11164. (Clarify Ombudsman reporting) Download Attachment |
| 09/23/2024 | Bright Home Board & Care/ Sweet Angels Board & Care | Suggestions: 1.) There should be only 1 SIR form to be used to report incidents for both CCL and Regional Center. 2.) The reportable incidents should also be the same as CCL’s to avoid confusion. 3.) Emailing of incident reports can be sent at once to both CCL and Regional Center by copy furnishing all the people concerned for faster delivery. |
| 09/20/2024 | Jolie Kanat | The SIR is a vital element of protection for the people we support and sometmes for our staff as well. One challenge is that we are not fully funded in our 15% administrative allocation to train staff, attend meetings, have staff attend Regional Center training meetings, hire staff who can recognize or fully articulate how to report, educate staff on reporting, and definitely not time to fill out lengthy forms. Here are some ideas that perhaps can be considered. 1. Let's have a clear, simple (fifth-grade level language and guidelines for example) online form that anyone can easily access, fill out and submit. 2. Let's understand where these reports land and who resolves them and what the communication process is. We have had an RC executive refuse to file a report because she disagreed with it. 3. Let's incorporate the reports into all Regional Center referral packets so that we have an historical understanding of challenges. Thank you for all you do! |
Last modified: September 24, 2024
