A contractor must develop and implement written procedures
for reporting and investigating an allegation of abuse, neglect or
exploitation regarding an individual that:
(1) comply with applicable laws and rules governing
services provided under the contract;
(2) require the contractor to report an allegation
of abuse, neglect, or exploitation to the appropriate investigative
authority;
(3) ensure that the contractor's employees, subcontractors,
and volunteers:
(A) are knowledgeable of:
(i) acts that constitute abuse, neglect, or exploitation
of an individual;
(ii) the requirement to report acts of abuse, neglect,
or exploitation, or suspicion of such acts to the appropriate investigative
authority;
(iii) how to report allegations of abuse, neglect,
or exploitation to the appropriate investigative authority; and
(iv) methods to prevent the occurrence of abuse, neglect,
and exploitation; and
(B) report suspected abuse, neglect, or exploitation
as instructed by the contractor;
(4) ensure that individuals and LARs are informed,
orally and in writing, of how to report allegations of abuse, neglect,
or exploitation:
(A) before or at the time the individual begins receiving
program services from the contractor; and
(B) at least once every 12 months thereafter;
(5) if the contractor suspects an individual has been
or is being abused, neglected, or exploited or is notified of an allegation
of abuse, neglect, or exploitation, require the contractor to:
(A) take necessary actions to secure the safety of
the individual; and
(B) notify, as soon as possible but no later than 24
hours after the contractor reports or is notified of an allegation,
the individual, or the individual's LAR of the allegation report and
the actions that have been or will be taken;
(6) if abuse, neglect, or exploitation is confirmed
by the investigative authority and the contractor is notified of the
confirmation, require the contractor to take appropriate action to
prevent the reoccurrence of abuse, neglect or exploitation, including,
when warranted, disciplinary action against the employee, subcontractor,
or volunteer confirmed to have committed abuse, neglect, and exploitation;
(7) at least annually, require the contractor to review
incidents of confirmed abuse, neglect, or exploitation of which the
contractor is notified and identify program process improvements that
will prevent the reoccurrence of such incidents and improve service
delivery; and
(8) prohibit the contractor from discharging or otherwise
retaliating against:
(A) an employee, subcontractor, volunteer, individual,
or other person because the employee, subcontractor, volunteer, individual,
or other person files a complaint, presents a grievance, or otherwise
provides good faith information relating to possible abuse, neglect,
or exploitation of an individual; or
(B) an individual because someone on behalf of the
individual files a complaint, presents a grievance, or otherwise provides
good faith information relating to possible abuse, neglect, or exploitation
of the individual.
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