Office of Licensing Compliance Monitoring Activities:

The guidance indicating that any valid reason for not reporting an incident in CHRIS during the required 24 hour reporting period must be reported during that same 24 hour period.  We ask that the Department provide 12-24 hours after the conclusion of the 24 hour period to allow any valid reasons for late reporting be shared prior to issuing a licensing report.  Furthermore, we ask that the Department clarify what situations would be considered valid reasons for late reporting. Typically, valid reasons for late reporting encompass events in which the immediate safety and wellbeing of the individual needs to be the foremost focus of the provider.  In such situations the need for immediate care for the individual may postpone reporting and the likelihood that notice of that delay can occur during the same period is rare.  By providing an additional 12-24 hours after the occurrence, the Department allows for the focus of the provider during that crucial 24 hour period to be foremost the safety and security of the individual.

Progressive Actions for Repeat Citations:

We ask that the Department reconsider the guidance regarding repeat citations and that the Department amend the implementation date from June 15, 2020 to a date following the comment period for this guidance.  While recognizing the purpose behind the progressive actions is to ensure the safety of individuals served by each provider, we have concerns that the punitive nature of this section will discourage reporting among providers and place larger providers at a significant disadvantage when it comes to violations.  As such, we ask that the size of the provider be considered in determining the standard measure for citations.  We recommend the Department utilize a percentage of violations per provider standard for these citations rather than a single number for the entirety of the state providers. We also seek clarification as to when the two year period indicated in this guidance will start.