CMS Guidance on Reporting Reasonable Suspicion of Crimes in Long-Term Care (LTC) Facilities
This post was written by Susan A. Edwards.
On June 17, 2011, CMS issued a memo to state survey agencies on implementation of an ACA provision requiring certain individuals in applicable LTC facilities to report any reasonable suspicion of crimes committed against a resident of that facility. For purposes of the survey guidance, CMS is defining the following Medicare and Medicaid participating provider types as LTC facilities: nursing facilities; skilled nursing facilities; hospices that provide services in LTC facilities; and intermediate care facilities for the mentally retarded. Among other things, the memo: provides instructions to LTC facilities regarding their obligations under the statute (including notification of employees about their reporting responsibilities and nonretaliation against reporting employees); suggests other “advisable functions” for LTC facilities to undertake to promote compliance with the provision; explains the reporting timeframes for covered individuals; and provides guidance to survey agencies on how to respond to reports of reasonable suspicion of a crime. An analysis of the memo, which is effective immediately, is available in the following Client Alert.
