The facility administrator and to other officials in accordance with State law, including to the SA and the adult protective services where state law provides for jurisdiction in long-term care facilities State Agency (SA) and one or more law enforcement entities for the political subdivision in which the facility is located (i.e., police, sheriffs, detectives, public safety officers corrections personnel prosecutors medical examiners investigators and coroners) The results of all investigations of alleged violationsĪny covered individual, including the owner, operator, employee, manager, agent or contractor of the facility.All alleged violations of abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property.Furthermore, the resident in question must be afforded protection pending an investigation by the facility.īelow is a quick reference table that will assist you in determining the who, what, when, where, and how of reporting abuse and neglect.Īny reasonable suspicion of a crime against a resident For instance, if an incident involving bodily injury is reported to the facility at 3 AM on a Saturday, then the information MUST be reported to the state licensing office and/or local police by 5 AM that same day. Incident reporting does not differentiate by the time or the day. If the incident does not involve abuse and does not result in serious bodily injury, the reporting requirement is within 24 hours.
If the violation involves abuse or serious bodily injury, then the incident must be reported within a 2-hour time frame to the administrator. It is crucial to report violations when they occur. During a survey, staff may be asked questions such as, “What would you do if a resident reported that he/she has been hurt or violated in any way?” Additionally, each staff member must understand the meaning of “all types of abuse and neglect,” because in some cases when a resident, family member or visitor reports an alleged violation, they may not use the words “abuse” or “misappropriation.” However, if the act being disclosed falls under the description of abuse, neglect, or misappropriation, then the facility is required to report the incident. The regulations are clear as to what constitutes an “alleged violation.”Īn “alleged violation” is a situation or occurrence that is observed or reported by a staff member, resident, relative, visitor or others but has not yet been investigated and, if the violation is verified, could result in noncompliance with Federal requirements related to mistreatment, exploitation, neglect/abuse, injuries of unknown source, and misappropriation of resident property.įacility staff must be educated on the process of reporting alleged violations. Nursing facilities providing care to seniors and those with disabilities are responsible for notifying the Centers for Medicare and Medicaid Services (CMS) of alleged violations concerning abuse and/ or neglect.
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