42 USC 1320b-25 - Reporting to law enforcement of crimes occurring in federally funded long-term care facilities

U.S Code last checked for updates: Nov 22, 2024

§ 1320b–25.

Reporting to law enforcement of crimes occurring in federally funded long-term care facilities

(a)

Determination and notification

(1)

Determination

(2)

Notification

(3)

Covered individual defined

(b)

Reporting requirements

(1)

In general

(2)

Timing

If the events that cause the suspicion—

(A)

result in serious bodily injury, the individual shall report the suspicion immediately, but not later than 2 hours after forming the suspicion; and

(B)

do not result in serious bodily injury, the individual shall report the suspicion not later than 24 hours after forming the suspicion.

(c)

Penalties

(1)

In general

If a covered individual violates subsection (b)—

(A)

the covered individual shall be subject to a civil money penalty of not more than $200,000; and

(B)

the Secretary may make a determination in the same proceeding to exclude the covered individual from participation in any Federal health care program (as defined in section 1320a–7b(f) of this title).

(2)

Increased harm

If a covered individual violates subsection (b) and the violation exacerbates the harm to the victim of the crime or results in harm to another individual—

(A)

the covered individual shall be subject to a civil money penalty of not more than $300,000; and

(B)

(3)

Excluded individual

(4)

Extenuating circumstances

(A)

In general

(B)

Underserved population defined

In this paragraph, the term “underserved population” means the population of an area designated by the Secretary as an area with a shortage of elder justice programs or a population group designated by the Secretary as having a shortage of such programs. Such areas or groups designated by the Secretary may include—

(i)

areas or groups that are geographically isolated (such as isolated in a rural area);

(ii)

racial and ethnic minority populations; and

(iii)

populations underserved because of special needs (such as language barriers, disabilities, alien status, or age).

(d)

Additional penalties for retaliation

(1)

In general

A long-term care facility may not—

(A)

discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to an employee, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee; or

(B)

file a complaint or a report against a nurse or other employee with the appropriate State professional disciplinary agency because of lawful acts done by the nurse or employee,

for making a report, causing a report to be made, or for taking steps in furtherance of making a report pursuant to subsection (b)(1).

(2)

Penalties for retaliation

(3)

Requirement to post notice

(e)

Procedure

(f)

Definitions

(Aug. 14, 1935, ch. 531, title XI, § 1150B, as added Pub. L. 111–148, title VI, § 6703(b)(3), Mar. 23, 2010, 124 Stat. 800.)

cite as: 42 USC 1320b-25