I'm So Upset... And Need Advice

[jen]

Updates?????????

[Crystal]

I don't know about other states, but in Ca. we have to report any "unusual incident" to our licensing body or DHHS. They will then place it in your file and if they feel it is warranted will follow up with an investigation. The physician also reports it if the parent claims the injury occurred at daycare, so that the provider cannot avoid reporting it herself. This information would then be shared with any agency that has a "need to know" So, in the end, it may not really matter what the parent feels about the incident, it will matter what the law dictates about the incident.

[jen]

I don't know about other states, but in Ca. we have to report any "unusual incident" to our licensing body or DHHS. They will then place it in your file and if they feel it is warranted will follow up with an investigation. The physician also reports it if the parent claims the injury occurred at daycare, so that the provider cannot avoid reporting it herself. This information would then be shared with any agency that has a "need to know" So, in the end, it may not really matter what the parent feels about the incident, it will matter what the law dictates about the incident.

Crystal, "unusual" instances in the context you're discussing, is in the event that there could be some abuse or neglect. That would be considered a criminal case. This discussion isn't about a criminal case, we're talking about a civil case regarding the costs of medical care. Huge difference, and it would be up to the parents or the insurance company to pursue. If it was a criminal case we'd be talking about neglect or abuse, and "the law" would come in to play.

Are you trying to frighten the op?

[Crystal]

Crystal, "unusual" instances in the context you're discussing, is in the event that there could be some abuse or neglect. That would be considered a criminal case. This discussion isn't about a criminal case, we're talking about a civil case regarding the costs of medical care. Huge difference, and it would be up to the parents or the insurance company to pursue. If it was a criminal case we'd be talking about neglect or abuse, and "the law" would come in to play.

Are you trying to frighten the op?

Not here. ANY incident that occurs at daycare that requires the child to visit the doctor MUST be reported to licensing within 1 working day via telephone and then followed up with a written report within 7 days.Of course I am not trying to frighten the OP. That's just silly :confused:

http://www.ccld.ca.gov/res/pdf/CCUpdate0409.pdf It's on page three.

[QualiTcare]

Not here. ANY incident that occurs at daycare that requires the child to visit the doctor MUST be reported to licensing withing 36 hours.

Of course I am not trying to frighten the OP. That's just silly :confused:

http://www.ccld.ca.gov/res/pdf/CCUpdate0409.pdf It's on page three.

i agree it makes complete sense for something like a broken bone to be reported. even IF a broken bone were the result of abuse, it's not like a provider would say that. they would try the "something fell on them" excuse.

[jen]

Not here. ANY incident that occurs at daycare that requires the child to visit the doctor MUST be reported to licensing withing 36 hours.

Of course I am not trying to frighten the OP. That's just silly :confused:

Yes, the licensing rule is the same here. However, surely you realize that it is in place to ferret out unsafe conditions, neglect, or abuse. Unless we are talking about abuse or neglect, it isn't going to be a criminial matter. This was simply an accident.

What "law" are you talking about? What decisions are you implying they are going to make? We were talking about medical costs, what are you talking about? Outside of the insurance company or the parent, who do think will be making decisions and what decisions are you referring to?

[kendallina]

I don't know about other states, but in Ca. we have to report any "unusual incident" to our licensing body or DHHS. They will then place it in your file and if they feel it is warranted will follow up with an investigation. The physician also reports it if the parent claims the injury occurred at daycare, so that the provider cannot avoid reporting it herself. This information would then be shared with any agency that has a "need to know" So, in the end, it may not really matter what the parent feels about the incident, it will matter what the law dictates about the incident.

Yes, this is absolutely correct. When I worked in Cali we had to report anything unusual to licensing, including a child injured in our care who had to be seen by a doctor. I had to do this a few times and never got investigated because of it, but it's important to let licensing know yourself because if they find out from someone else then it could look suspicious. Not sure where OP is from and if there is a similar reg in her state...

[Crystal]

Yes, the licensing rule is the same here. However, surely you realize that it is in place to ferret out unsafe conditions, neglect, or abuse. Unless we are talking about abuse or neglect, it isn't going to be a criminial matter. This was simply an accident.

What "law" are you talking about? What decisions are you implying they are going to make? We were talking about medical costs, what are you talking about? Outside of the insurance company or the parent, who do think will be making decisions and what decisions are you referring to?

I agree it was an accident. Never said it wasn't. I never said it was going to be a criminal matter. I simply stated what is required in our state, and I would be required to report this incident. I think the OP would be wise to do the same.

Licensing, if you read the regs, states that they will decide if the incident warrants an investigation, and upon doing so will deem if there is a need for the provider to recieve citation. It also states failing to report the incident would result in a citation - which is why I mentioned the doctor's here report it to licensing as well.

And, getting back to insurance....lciensing would have to share the info with insurance if insurance were to contact them regarding the matter.

I didn't know I was limited to only talking about the insurance matter here

[jen]

I agree it was an accident. Never said it wasn't. I never said it was going to be a criminal matter. I simply stated what is required in our state, and I would be required to report this incident. I think the OP would be wise to do the same.

Licensing, if you read the regs, states that they will decide if the incident warrants an investigation, and upon doing so will deem if there is a need for the provider to recieve citation. It also states failing to report the incident would result in a citation - which is why I mentioned the doctor's here report it to licensing as well.

And, getting back to insurance....lciensing would have to share the info with insurance if insurance were to contact them regarding the matter.

I didn't know I was limited to only talking about the insurance matter here

I may have missed something, but I don't see where the OP has indicated anything about whether or not she contacted licensing. Did she say that she didn't or is that just your assumption?

I'm not going to go re-read the whole thread, but was anyone even discussing citations or contacting licensing?

Here's what I see...we were talking simply about liability in terms of insurance. You chimed in with well, she has to report it, and the dr. will report it, and it may not be up either the parent or the insurance company, but the law!

You don't think that sounds a bit intimidating (not to mention off-topic) well, then so be it. I clearly misunderstood your motivations.

OP, it was an accident. Listen to you lawyer, contact licensing if you haven't already, and don't stress yourself unneccessarily.

[Crystal]

Jen, my point was, licensing, if it has to be reported, (I didn't say she was required to report it, I said In Ca. I would be required to report it) will decide if the provider was negligent or not....not the parent, not the insurance company. If there was negligence, and if insurance contacted the licensing body and recieved that info from them, they would have the legal ability to pursue reimbursement of costs from the provider.

I suppose I should have then added that "she should listen to her attorney"

Not sure WHY my input matters so much to you, or WHY you feel the need to create an issue of it. Perhaps I should have ASKED the OP if she has to report it, instead of saying that I would be required to....would that have made you feel better? :confused:

[Crystal]

I'm not going to go re-read the whole thread, but was anyone even discussing citations or contacting licensing?

Yes, there was a reference to that. As well as several references to "negligence" which is what would 1. Cause an investigation and 2. Result in the parent/insurance being able to seek payment from provider.

I think it is always wise to report to licesing any "unusual incident" even if not required to. More often than not, that is what goes to prove you were not negligent.

Again, I don't think this was negligence, but an unfortunate accident.....

[nannyde]

I don't know about other states, but in Ca. we have to report any "unusual incident" to our licensing body or DHHS. They will then place it in your file and if they feel it is warranted will follow up with an investigation. The physician also reports it if the parent claims the injury occurred at daycare, so that the provider cannot avoid reporting it herself. This information would then be shared with any agency that has a "need to know" So, in the end, it may not really matter what the parent feels about the incident, it will matter what the law dictates about the incident.

I agree with this.

Whether your licensing requires it or not you SHOUD contact them.

I have a feeling people aren't really understanding the gravity of this situation. This is a bad deal. Any imobile infant that gets a bone break is a HUGE red flag to everyone.

With all accidents that result in injury it is our moral and ethical responsibility to co-operate with and TELL the investigators what happened. It's a risk that they would deem this as negligence or abuse but the TRUTH to them in a timely manner will go a long way.

[jen]

Can someone point out where the OP indicated that she didn't contact licensing? I understand the gravity of it, however, why are you under the assumption that she didn't follow proper procedure? That is what I am taking issue with...the assumption that the provider did something "wrong" that she has in some way failed to respond to the situation in the appropriate manner.

Of course she needs to report it, but why do think she didn't?

[Blackcat31]

Can someone point out where the OP indicated that she didn't contact licensing? I understand the gravity of it, however, why are you under the assumption that she didn't follow proper procedure? That is what I am taking issue with...the assumption that the provider did something "wrong" that she has in some way failed to respond to the situation in the appropriate manner.

Of course she needs to report it, but why do think she didn't?

I do NOT want to get in the middle of the obvious tension going on here, but from another viewpoint; I cannot point out where anyone indicated that the OP did not contact licensing, as a matter of fact she does not indicate anywhere that she did either, but I read it as the OP asked this forum for advice on what to do and what procedures to follow...so I'm thinking that if I were in this situation, I would have contacted licensing and my licensor would have informed me of what the next steps were and how these types of situations play out... I would assume that is what part of the licensors job is.

So in that theory, the OP would have stated, something about what her licensor said to do since she has told us what the dcm and the attorney friend said to do....wouldn't it make sense then that she would have mentioned her licensors advice too then had she reported it?


So in my take on it, she did not contact licensing and a pp was right to bring it up because it is something that should have been done.....

Any updates on what has happened????

[nannyde]

Can someone point out where the OP indicated that she didn't contact licensing? I understand the gravity of it, however, why are you under the assumption that she didn't follow proper procedure? That is what I am taking issue with...the assumption that the provider did something "wrong" that she has in some way failed to respond to the situation in the appropriate manner.

Of course she needs to report it, but why do think she didn't?

I don't think she did or didn't. I'm saying she should. That's what Crystal is saying.