.21 Notifications.

A. Within 24 hours of an event or change in condition and in accordance with State and federal confidentiality laws, a center shall attempt to notify a resident and a residentís representative, family member, legal guardian, or custodian of:

(1) A change in the residentís condition;

(2) An adverse event that affected the resident; and

(3) If appropriate, the corrective action taken.

B. The notification may be waived by the individual identified under Regulation .19A of this chapter if the individual sends a written response instructing the center that the individual:

(1) Waives the required notifications; or

(2) Requests that the notification be provided only under the circumstances identified in the written response.

C. All written responses waiving some or all notifications shall be maintained in the residentís medical record.

D. The center shall document in the medical records that the required notification were completed. The documentation shall include:

(1) The nature of the event or change in condition;

(2) The names of the individuals who received notification;

(3) The dates and times of the notifications; and

(4) The name of the staff who made the notifications.

E. If a center has made reasonable attempts to notify the required individuals and has been unable to make contact, the failure to reach the individuals shall be documented in the medical records.

F. If the Department determines that the center has failed to provide the required notification, the Department shall require the center as part of its plan of correction to provide notification as soon as possible.