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Elder Justice Act

Elder Justice Act. Patient Protection and Affordable Care Act Effective March 23, 2010 Updated by CMS, August 12, 2011 E-mail from BHS, July 21, 2011. Report “Suspected Crimes”. What the State said on July 21, 2011. EJA – Abuse Reporting Requirements.

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Elder Justice Act

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  1. Elder Justice Act Patient Protection and Affordable Care Act Effective March 23, 2010 Updated by CMS, August 12, 2011 E-mail from BHS, July 21, 2011

  2. Report “Suspected Crimes” What the State said on July 21, 2011

  3. EJA – Abuse Reporting Requirements • Applies to facilities receiving >$10K in federal funds annually • Covered individuals must report. • Mandates reporting of “reasonable suspicion” of a crime against a resident to HHS Secretary and a local law enforcement agency

  4. EJA – Abuse Reporting Requirements • Who Has to Report • “Covered” individuals are owners, operators, employees, managers, agents and  contractors • Home may file a single report on behalf of all covered individuals • Must list all the covered individuals in the report • Does not preclude covered individuals from filing their own report

  5. EJA – Abuse Reporting Requirements • Mandates reporting of “reasonable suspicion” of a crime against a resident to HHS Secretary and a local law enforcement agency

  6. What “Crimes”? • Violence • Financial Exploitation • Theft

  7. “Crimes – Vulnerable Adult” • “Vulnerable adult” means 1 or more of the following: • (i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently. • (ii) An adult as defined in section 3(1)(b) of the adult foster care facility licensing act, MCL 400.703. • (iii) An adult as defined in section 11(b) of the social welfare act, MCL 400.11.

  8. EJA – Abuse Reporting Requirements • Time Frames • 2 hours • Extreme physical pain • Substantial risk of death • Protracted loss or impairment of bodily member, organ, or mental faculty • Requiring medical intervention (surgery, hospitalization, etc.) • Sexual Abuse • 24 hours: Others

  9. EJA – Abuse Reporting Requirements • Procedural Requirements • Notification of obligation to report to all covered individuals • No retaliation for reporting • $200K CMP and up to 2 year exclusion • Post “conspicuously in an appropriate location” employee right/process to file a complaint for violation of anti-retaliation provision • Employing an individual excluded from participating due to violation of the reporting requirements results in facility being excluded.

  10. EJA – Abuse Reporting Requirements • Assault and battery • Physical • Sexual

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