The 2010 health care reform law includes an Elder Justice Act provision, which requires long-term care facilities to report any reasonable suspicion of a crime against a resident to the state survey agency and local law enforcement. The provision sets forth timeliness for reporting, penalties for noncompliance and state survey agency responsibility for handling reports. The purpose of this provision is to ensure that all crimes are reported timely and appropriately. This is a great victory for nursing home residents, who have the right to be free from any kind of abuse. The full memorandum issues by the Department of Health & Human Services can be found here:
//www.cms.gov/Surveycertificationgeninfo/downloads/SCLetter11_30.pdf