Oct 23, 2018

Regulation to Deter Systemic Cover-ups

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The Trump Administration has proposed new regulations to deter cover-ups when nursing homes are aware of abuse and neglect.  The newly proposed Centers for Medicare & Medicaid Services regulation would allow civil money penalties of up to $200,000 against skilled nursing home staff who fail to report reasonable suspicion of crimes. The proposed regulation also would allow for a two-year facility exclusion from federal health programs if authorities discover retaliation against staff who report abuse.

American Health Care Association/National Center for Assisted Living members fully support “thoughtful, proactive measures” designed to address abuse and neglect, said AHCA Vice President David Gifford, M.D.

There were already both criminal, professional and financial penalties for those who commit abuse against nursing home residents, and for facilities that fail to report it. The 2010 Elder Justice Act is among the existing statues, which requires nursing homes to report incidents of abuse to law enforcement and regulatory agencies.  However, this regulations strengthens the penalties and broadens the scope to reasonable suspicion of crimes, not just resident abuse and neglect.


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