CMS Promises Future Guidance on Elder Justice Act Requirement for SNF Owners and Employees to Report Crimes


In a March 11, 2011 letter, a key official from CMS has announced CMS’s plans to issue future guidance on Section 1150B of Title VI, Subtitle H of the Elder Justice Act. That provision requires that certain employees and owners of SNFs that receive federal funding (including Medicare and Medicaid) report to the Secretary of the U.S. Department of Health and Human Services and to local law enforcement any "reasonable suspicion" of a crime occurring in the facility.

The law’s breadth has left most long term care providers and government officials wondering how it can be implemented and precisely what is required. Many of the terms in the statute are undefined, but the penalty for failing to report reasonable suspicion of a crime occurring in a long term care facility includes enormous civil money fines that attach to the individual failing to report suspicion of a crime. A number of providers and provider organizations around the country have inquired of their State Survey Agency and various CMS Regional Offices about the law, whether implementation has been delayed, to what crimes the law will apply and to whom these "reasonable suspicions" should be reported.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Poyner Spruill LLP | Attorney Advertising

Written by:


Poyner Spruill LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.