MUI Rule revisions Presenter

Scott Phillips,
Assistant Deputy Director
Great Information was shared regarding
 Feedback was requested and received prior
to and during the rule review process. The
responses received by DODD regarding the
current rule were extremely positive.
 The majority of recommendations included
clarification of certain categories and
increasing efficiencies when possible.
 Collaborative effort on behalf of individuals,
families, providers, constituents, county
boards and the department.
Rule title to include MUI and UIs. The new title is
Addressing major unusual incidents and unusual
incidents to ensure health, welfare, and
continuous quality improvement.
Changes to Protocols (A, B, and C category
Peer-to-peer definition changes (Physical Abuse,
Verbal Abuse, Misappropriation). Clarifies the definition
for greater consistency
Verbal Abuse definition changes
Missing Individual Definition Changes
Strengthening of the UI process. More incidents will
be categorized as UI’s = assure process effectively
addresses these incidents.
 Revised communication and dispute resolution
opportunities (i.e., information, appeal) for
peer/guardian in a Peer-to-Peer case.
 Law enforcement notifications on criminal Peer-toPeer cases. Local conversations to assure
appropriate follow-up
 Law Enforcement as an MUI – even when
individual is not being served
Known / Unknown Injury Changes
Death- Suspicious or Accidental v.s. Natural
UI Definition
Health and Welfare
Provider Notifications
ICF Reporting Requirements
Support Broker Self Waiver
Peer to Peer Notifications
Incident Report Requirements
Quarterly to Semi Annual for MUI P& T Analysis
 Improvements
that focus on triaging
incidents based on severity
 Providing
the right amount of safety,
verification and investigation
 Reducing
unnecessary worry, time,
and effort on paper compliance that
doesn’t impact outcomes
Rule Reference: Pages 3-5
Cases in which the police, CSB or IA may be
involved in the investigation.
Good communication and cooperation
among investigative entities will be required
for these investigations.
Accidental or Suspicious Death, Exploitation,
Failure To Report, Misappropriation, Neglect,
Peer to Peer Act, Physical Abuse, Prohibited
Sexual Activity, Rights Code, Sexual Abuse
and Verbal Abuse
Rule Reference: Pages 5-6
 Cases
investigated by IA
 Attempted
Suicide, Medical Emergency,
Missing Individual, Death other than an
accidental or suspicious, and Significant
Rule Reference: Page 6
 Cases
investigated by IA- Format
 Law
Enforcement, Unapproved Behavior
Supports and Unscheduled
Appendix C cases are Law Enforcement,
Unscheduled Hospitalizations and Unapproved
Behavior Supports. These are the only 3 categories
where the Appendix C Protocol and form can be
Appendix C forms can be completed by the SSA and
the Provider who was providing services to the
individual when the incident occurred.
The IA or MUI Contact will enter the information from
Appendix C form into ITS.
The IA will be responsible for reviewing it and ensuring
information is complete, incident is properly coded
and meets the requirements of rule.
All MUI’s require an investigation meeting
category A , B or C applicable requirements
of this rule.
Category A Alleged Crimes (Police , CSB and
IA involvement)
Category B Investigative Agent
Category C (Format Requirements)
Investigation categories may change based
on the information obtained A, B and C.
Rule Reference: Page 1 (C )(2)
"Agency provider" is a provider, certified or
licensed by the department or a provider
approved by the Ohio office of medical
assistance to provide services under the
transitions developmental disabilities waiver,
that employs staff to deliver services to
individuals and who may subcontract the
delivery of services. "Agency provider" includes
a county board while providing specialized
Rule Reference: page 2 (C)(10)
 Independent
Provider (Replaces
Individual Provider)
 "Independent
provider" means a selfemployed person who provides services
for which he or she must be certified
under rule 5123:2-2-01 of the
Administrative Code or approved by the
Ohio office of medical assistance and
does not employ, either directly or
through contract, anyone else to provide
the services.
Rule Reference: Page 4(a)(vi)
 (vi)
Peer-to-peer act. "Peer-to-peer act"
means one of the following:
 (a)
 (b) Theft…The $ limit for an MUI
investigation regarding peer to peer was
raised from $10 to $20.
Rule Reference: Page 4(a)(vi)(c)
 Physical
act that occurs when an individual
is targeting, or firmly fixed on another
individual such that the act is not
accidental or random. The incident results in
an injury that is treated by a physician,
physician assistant, or nurse practitioner.
Allegations of one individual choking
another or any head or neck injuries such as
bloody nose, a bloody lip, a black eye or
other injury to the eye, shall be considered
major unusual incidents.
Rule Reference: Page 4 (a)(vi)(c)
 Minor
injuries such as scratches or reddened
areas not involving the head or neck shall
be considered unusual incidents and shall
require immediate action, a review to
uncover possible cause/contributing
factors, and prevention measures.
Rule Reference: Page 4 (a)(vi)(e)
 Verbal
act which means the use of words,
gestures, or other communicative means
to purposefully threaten, coerce, or
intimidate the other individual when there
is the opportunity and ability to carryout
the threat.
 Notifications
shall be made to law
enforcement or CSB as appropriate when
an alleged crime has been committed.
(The change in peer to peer physical act
definition will help assure that appropriate
notification to LE and CSB occurs
regarding peer to peer MUI’s.)
Rule Reference: Page 5 (b)(iv)
An incident that is not considered neglect and
an individuals whereabouts after immediate
measures taken are unknown and the
individual is believed to be at or pose an
imminent risk of harm to self or others.
 An incident when an individual’s whereabouts
are unknown for longer than the period of time
specified in the individuals service plan that
does not result in imminent risk of harm to self or
others shall be investigated as an unusual
Rule Reference: Page 7(c)(20)
"Unusual incident" means an event or occurrence
involving an individual that is not consistent with routine
operations, policies and procedures, or the individual's
care or service plan, but is not a major unusual incident.
Unusual incident includes, but is not limited to: dental
injuries; falls; an injury that is not a significant injury;
medication errors without a likely risk to health and
welfare; overnight relocation of an individual due to a
fire, natural disaster, or mechanical failure; an incident
involving two individuals served that is not a peer-topeer act major unusual incident; and rights code
violations or unapproved behavior supports without a
likely risk to health and welfare.
Rule Reference: Page 9 (D)(7)
 For
all MUIs, including those listed in
paragraph (D)(4) of this rule, all providers
shall submit a written incident report to
the county board contact or designee no
later than three p.m. the next working day
following initial knowledge of a potential
or determined MUI.
 *Independent
provider will be required to
submit incident reports.
Rule Reference: Page 11(G)(1)(e)
 Support
broker for an individual enrolled in
the self-empowered life funding waiver
shall be notified of MUI’s. New addition
with the SELF Waiver.
Rule Reference: Pages 21 (M)(d)
 Requires
the provider to investigate
unusual incidents, identify the cause and
contributing factors when applicable, and
develop preventive measures to protect
the health and welfare of any at-risk
Rule Reference: Page 21(M)(5)
 Independent
providers shall complete an
incident report, notify the individual's
guardian or other person whom the
individual has identified, as applicable on
the day an unusual incident is discovered.
 Independent
Providers will also maintain a
log of unusual incidents. Rule Reference: Page 21
Rule Reference: Page 22 (P)(1)-(2)
Agency providers and county boards shall ensure
staff employed in direct services positions are
trained on the requirements of this rule regarding
the identification and reporting of MUIs and UIs
prior to direct contact with any individual.
Thereafter, staff employed in direct service
positions shall receive training during each
calendar year which shall include annual training
on the requirements of this rule including a review
of health and welfare alerts issued by the
department since the previous calendar year's
 Questions
have arisen regarding certain
changes recently made to OAC 5123: 217-02 in regard to activities performed by
SSAs that are involved in reviewing MUIs
and UIs.
 The
revised MUI rule permits certain
incidents in the newly created Category
C to be coordinated and reviewed by the
SSA. These incidents include unscheduled
hospitalizations, unapproved behavior
supports, and notifications to law
enforcement. Reviews of these incidents
by SSAs is done as part of the service
planning and monitoring process and is
critical to ensuring appropriate service
delivery for individuals. As such, SSAs are
not “conducting” investigations, but are
performing TCM reimbursable activities.
 Case
notes should reflect the appropriate
activity such as monitoring and follow-up
pursuant to OAC 5101:3-48-01 section
(D)(1)(d) (iii). This includes the integration
of prevention plans into the ISP and
ensuring services are effectively
coordinated. Activities and contacts that
are necessary to ensure communication
with providers, guardians and individuals
related to MUIs and unusual incidents are
indeed TCM reimbursable as monitoring
and follow-up.
Hospitalization Form
Support Form
Enforcement Form

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