Reporting Abuse and Neglect

MEMO FROM OLTL FOR DIRECT SERVICE WORKERS REGARDING ABUSE AND NEGLECT

In the past several months, OLTL has seen a number of tragic cases of abuse and neglect of waiver participants. One case was initially tied to a participant smoking while on oxygen. Two others involved untreated decubitus ulcers. These cases were not reported through OLTL's critical incident reporting system, even though there were hospitalizations involved in at least two of them. Unfortunately, OLTL became aware of them too late to intervene. Three individuals have died and investigations are under way. While there may have been intervening factors that contributed to the deaths, they should serve as a reminder to providers of your obligation to report all critical incidents to OLTL, particularly those pertaining to protective services.

55 Pa. CODE 52. 17(b) requires that providers report a critical incident involving a participant to OLTL, the service coordination entity, or both. For providers of services to participants in the under-60 waivers, the Enterprise Incident Management System (ElM) is the mechanism to be used.

If you find the participant's health and welfare is in jeopardy, whether it is due to abuse, neglect or exploitation, you are responsible to take action.

• If the situation is life threatening, call 911.
• If the person is over the age of 60, you are required to report the incident to the statewide Elder Abuse Hotline at 1-800-490-8505.
• If the participant is under the age of 60, you are responsible for calling the Provider Call Center at 1-800-932-0939. Act 700f 2011, the Adult Protective Services Law, establishes you as a provider of services as MANDATORY reporters of abuse with disabilities between the ages of 18 and 59.
• In all cases, a critical incident must be reported to OLTL.
• Report to appropriate law enforcement officials.

If you do not take the above steps and legal proceedings occur, you may find yourself implicated in the harm or death of a care-dependent person.

Do not take reasons for bruises or the downplaying of pressure sores at face value. Ask follow-up questions, even if it is difficult or embarrassing to do so. Ask to speak to the participant alone if you suspect that a family member or direct care worker is abusing, neglecting or exploiting the participant. Use your professional judgment by interacting with the participant discretely to avoid putting the person in greater risk by breaching their privacy with potential abusers. This guidance should not be considered all-inclusive. Err on the side of caution, take action if you can, and seek guidance if you are uncertain.

In order to help those investigating allegations of abuse and neglect, you should document any assistance you offered the participant, who you informed of the situation, what assistance you offered to the participant and, if your assistance was refused, that you informed the participant of who to contact if they change their mind.