Notice of Rights and Responsibilities Under

Notice of Rights and Responsibilities under

the Federal Elder Justice Act

Pursuant to the Federal Elder Justice Act, all employees, owners, managers and agents of a long term care facility are “covered individuals” under the Elder Justice Act and have must be notified on an annual basis of their rights and responsibilities under the Elder Justice Act.

As a “covered individual” you are required to report to the Department of Inspections and Appeals (DIA) and one or more local law enforcement entities (ie, local police and/or sheriff) if you have a reasonable suspicion of a crime against any individual who is a resident of, or receives care from, the facility. You must report this reasonable suspicion as follows:

• Within 24 hours of forming the suspicion absent serious bodily injury.
• If the suspected abuse resulted in serious bodily injury, you must report your suspicion immediately and no later than two (2) hours after forming the suspicion.

FAILURE TO REPORT AS SET FORTH ABOVE MAY RESULT

IN A CIVIL MONETARY PENALTIES AND EXCLUDED PROVIDER CLASSIFICATION.

If you fail to report as set forth above, you may be subject to a civil monetary penalty (CMP) up to $200,000 and may be deemed to be excluded from participation in any Federal health care program (aka “Excluded Provider”).

If you fail to report and your failure exacerbates the harm to the victim of the crime or results in harm to another individual you may be subject to a civil monetary penalty up to $300,000 and deemed to be an Excluded Provider.

To report to DIA: 1-877-686-0027.

To report to Local Law enforcement______.

FREE FROM RETALIATION

A long term care facility may not discharge, demote, suspend, threaten, harass or deny a promotion of other employment related benefit to an employee, or in any other manner discriminate against an employee because the employee lawfully reported their reasonable suspicion of a crime. Further, no complaint or report against a nurse or other employee with professional licensure will have a complaint or report filed because of lawful acts of reporting done by the nurse or employee under this Act. Long Term Care facilities are subject to civil monetary penalties and excluded provider classification for retaliating against a covered individual lawfully reporting under the Act.

Any employee that believes they have been retaliated against for making a report of a violation of this or any other law, regulation or company policy is encouraged to contact______.