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Virginia Health Care Association | Virginia Center for Assisted Living

Additional Clarification about Abuse Reporting Requirements

Additional Clarification about Abuse Reporting Requirements

AHCA/NCAL recently received clarification from CMS on the changes in the new Requirements of Participation (ROP) related to reporting abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property.  CMS interprets the language in § 483.12 Freedom from abuse, neglect, and exploitation to mean: all allegations of abuse, and injuries of unknown source that result in serious bodily injury, must be reported to the state agency immediately upon awareness of the allegation of abuse or knowledge of serious bodily injury of unknown source and no longer than two (2) hours after becoming aware of the allegation or injury of unknown source.

The specific regulatory language follows (emphasis added):

  • 483.12 Freedom from abuse, neglect, and exploitation.

(c) In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility must:

(1) Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property, are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency and adult protective services where state law provides for jurisdiction in long-term care facilities) in accordance with State law through established procedures.

CMS is expected to issue additional guidance on this topic no later than November 2017.