Developmental Services Budget Trailer Bill, Assembly bill (AB) 1606 was enacted on June 27, 2016. AB 1606 expands special incident reporting requirements for licensed homes, supported living services, long-term health care facilities, crisis services and acute psychiatric hospitals. These reporting requirements are in addition to the special incident reporting requirements noted in Title 17, California Code of Regulations, Section 54327 and service providers must still continue to report special incidents to Harbor Regional Center.
Welfare and Institutions Code (WIC) 4659.2 (b) was amended and requires vendors of these services and service types to report to Disability Rights California (DRC) (i.e. the designated agency per WIC 4900 (i)), all of the following:
- Each death or serious injury of a person occurring during, or related to, the use of seclusion, physical restraint, or chemical restraint, or any combination thereof.
- Any unexpected or suspicious death, regardless of whether the cause is immediately known.
- Any allegation of sexual assault, as defined in Section 15610.63 of the Welfare and Institutions Code, in which the alleged perpetrator is a staff member, service provider, or employee or contractor.
- Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63 in which a staff member, service provider, or facility employee or contractor is implicated.
Reports shall be made no later than the close of the business day when the death or serious injury occurred, and must include the encrypted identifier of the person involved, and the name, street address, and telephone number of the facility.
Additionally, on a monthly basis, service providers shall report to Disability Rights California all of the following:
- The number of incidents of seclusion and the duration of time spend per incident in seclusion
- The number of incidents of the use of behavioral restraints and the duration of the time spend per incident of restraint.
- The number of times an involuntary emergency medication is used to control behavior.
These monthly reports shall include the name, street address, and telephone number of the site. A copy of the monthly report must also be provided to Harbor Regional Center. Please provide this information to Maria Carmen Garibay. Ms. Garibay’s email address is Maria.Garibay@harborrc.org
Please note that the local office of Disability Rights California is located at 350 S. Bixel St., Suite 290, Los Angeles Ca. 90017. The contact telephone number is (213) 213-8000 and the fax number is (213) 213-8001.