The Centers for Medicare and Medicaid has released a memo offering guidance for nursing homes and hospices on a component of the Social Security Act that requires these communities to report any reasonable suspicion of crimes against a resident.
The Affordable Care Act created a new provision in the Social Security Act that requires long term care communities, as defined by federal law, that receive at least 10,000 dollars in Federal funds under the Act during the previous year, to notify staff members of their reporting requirements. A conspicuous notice must also be posted about employee rights created under the new statute, which includes protection from retaliation for any individual who reports a crime. Before an incident arises, communities that effectively implement the new requirement will coordinate with local and state law enforcement entities and review CMS and state protocol.
The new section also describes the reporting process and establishes time limits for reporting reasonable suspicion of crimes. Serious bodily injury must be reported within 2 hours, while all other crimes must be reported within 24 hours. The new section does not apply to assisted living communities or independent care communities, but in an effort to eradicate elder abuse, all communities should engage in prompt investigations of all reported suspicions of crimes against residents.
Read the full memo on Section 1150 of the Social Security Act from CMS.
