ODP Determining Neglect for Purposes of Reporting Incidents

ODP Announcement 21-083 provides some guidance to providers when determining whether an event involving staff employed by the provider constitutes alleged neglect in accordance with the Office of Developmental Programs’ (ODP) regulations such that it must be reported as an incident in the Enterprise Incident Management (EIM) system. This announcement also provides guidance about applying regulatory requirements related to complaint management when an event does not require reporting as an incident of alleged neglect.

When alleged neglect is reported for events that do not meet the criteria, it compromises ODP’s ability to identify and act on events that do constitute neglect or an allegation of neglect. When an event does not meet such criteria, providers should address and manage the event as a complaint in accordance with applicable regulatory requirements. A report of alleged neglect should not be filed when a service was not rendered due to the absence of direct care staff and the absence did not place the individual at a health or safety risk. In this circumstance, a provider should follow their complaint management process as opposed to filing a reportable incident.

For more information regarding compliant management and incident reporting, see ODP Announcement 21-083.