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(c) Providers of long-term institutional services shall submit to the department a written incident report for each incident that result in harm to the medicaid recipient. These reportable incidents include, reaction to a drug or therapy, all bodily injuries that require medical intervention, and absence without leave for one or more nights. An incident report shall be in writing and shall be submitted to the department within seventy-two hours of a reportable incident. Written reports shall include the following: (1) Name of the NF or ICF-MR; (2) Name, age, and birthdate of the recipient; (3) Resident's diagnosis; (4) Resident's acuity level at time of incident; (5) Date, time, and place of the incident; (6) Description of how the incident occurred; (7) Description of the kind and extent of medical intervention; and (8) Date incident report was written, and signature and title of the reporting individual.

(d) Providers of long-term institutional services shall admit and provide NF or ICF-MR levels of care, treatment, and services to medicaid recipients without discrimination, separation, or any other distinction on the basis of race, color, national origin, or mental or physical handicap in accordance with the provisions of chapter 17-1736.

(e) For NFs and ICF-MRs, medical records shall be retained three years from the date of a resident's discharge from the provider's care. [Eff 08/01/94 ] (Auth: HRS §346-14; 42 C.F.R. §431.10; Pub. L. No. 100-203) (Imp: HRS §346-40; 42 C.F.R. §§431.51, 431.115, 431.301, 431.305; 29 U.S.C. §794; 42 U.S.C. §2000d; Pub. L. No. 100-203)

§17-1737-38 Termination of long-term institutional services. (a) Medicaid payments for long-term institutional services shall be terminated when a recipient is deemed to no longer require a specific level of care in accordance with the provisions of section 17-1737-31 and the recipient refuses to transfer to an available appropriate placement.