LeadingAge Connecticut's Legal Counsel:

WIGGIN AND DANA – www.wiggin.com

 

2011 Legislative Summary

 

January 2011  Medicaid Recovery Audit Contractors and Medicaid Integrity Contractors

 

July 2011  Wiggin and Dana Advisory on 2011 Changes to Nursing Home Transfer, Discharge and Waiting List Laws

 

September 2011 Client Alert: NLRB Issues Final Rule Requiring Notification to Employees of their Rights Under the National Labor Relations Act

 

October 2011 Update on SNF and RCH Minimum Temperature

 

November 2011 Client Alert: The SEC's Whistleblower Program: Are You Prepared?

 

Paid Sick Leaves Law

Wiggin and Dana Advisories:

 

The Elder Justice Act's New Crime Reporting Requirements for Long Term Care

By Maureen Weaver, Wiggin and Dana  

On June 17, 2011, the Center for Medicare & Medicaid Services (“CMS”) issued a memorandum to state survey agency directors on the crime reporting requirements for long-term care facilities under the Elder Justice Act (“EJA”). The memo, titled “Reporting Reasonable Suspicion of a Crime in a LongTerm Care Facility (LTC): Section 1150B of the Social Security Act,” is the first official EJA guidance released by CMS since the law went into effect. http://www.cms.gov/Surveycertificationgeninfo/downloads/SCLetter11_30.pdf

“Updated S&C Letter on Reporting Reasonable Suspicion of a Crime in a Long-Term Care Facility – 1/20/2012”

Wiggin and Dana previously provided a summary of the EJA reporting requirements (click here to view). Briefly, the EJA requires each individual who is an owner, operator, employee, manager, agent or contractor of a long-term care facility that receives at least $10,000 in federal funds annually from Medicare, Medicaid, or similar programs under the Social Security Act to report to the Secretary of the Department of Health and Human Services (“HHS”) and local law enforcement any reasonable suspicion of a crime against a resident of, or a person receiving care from, the facility. Failure to comply with reporting requirements can result in steep penalties for individuals and survey deficiencies for the facility.

Wiggin and Dana has reviewed the CMS memo and wishes to point out the following:

  • Long-term care facilities may adopt policies and procedures to streamline reporting and eliminate duplicate reports. However, facilities must not prevent or prohibit a covered individual from making his or her own report to DPH and/or local law enforcement.
  • The memo indicates that HHS has assigned to state agencies the responsibility for receiving reports of suspected crimes under the EJA. Accordingly, direct reporting to HHS is not required; reports should be made instead to the Department of Public Health (“DPH”) (as well as to local law enforcement).
  • CMS recommends that if a facility files a single report based on information provided by more than one individual, the report identify each such individual by name. For example, if three different employees report a suspected crime to the facility administrator and the administrator then files a single report with DPH and local law enforcement, the report should include each reporting employee’s name. The employees, if they wish, may also file their own reports with DPH and law enforcement.
  • The EJA is unclear on whether its reporting requirements apply to assisted living facilities that receive federal waiver funds.  

In the coming months, LeadingAge Connecticut will be talking to DPH about the CMS memo and the EJA requirements generally. We will inform you of any developments or additional guidance.  

 

 

Selected 2011 DPH Blast Fax Documents:

 

 
 
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