Failing to Report Allegations of Elder Abuse in a California Nursing Homes - A Misdemeanor
Reporting responsibilities in Elder Abuse in Nursing Homes.
California Welfare & Institutions Code Section 15630 - Reporting Elder Abuse in a Nursing HomeNurses, caregivers, and other staff members have a duty to report elder abuse when they have observed abuse, have knowledge of abuse, have been told by an elder or a dependent adult, or reasonable suspect abuse has occurred. Failure to report elder abuse, such as physical, verbal, financial, sexual, mental, abandonment, isolation, abduction, and even neglect is a crime and is punishable by six months in county jail or a fine up to $1000, or both. If you or your facility is under investigation by the Attorney General's Office, Bureau of Medi-Cal Fraud and Elder Abuse, you need a professional defense attorney to defend you. Call attorney Arthur Khachatourians for a free defense consultation - 818-590-8294.
Reporting Responsibilities in a California Nursing Home - Failure to Report Abuse is a Misdemeanor -Often times providers fail to report an allegation of abuse since there was no harm. For example, Resident A's wheelchair interlocks with Resident B's wheelchair. Resident B gets frustrated and slaps Resident A on the arm. Regardless of the fact that there were no injuries, the staff member still must report the incident to the Ombudsman, the Police Department, and The Department of Public Health by telephone and follow-up with a written report, the SOC341 Form. Another allegation may be that an Alzheimer patient alleges that she was beaten-up the night before. Even though there are no signs of injuries and the patient is diagnosed with Alzheimer's, the employees must report the incident. Often times, nurses may document these types of incidents' in the chart but fail to report. During the annual survey or a complaint investigation, the Department of Health and Human Services not only will deem this deficient conduct but may forward the incident to the Attorney General's Office for prosecution.
Joint Reporting - When 2 or More Individuals Have Knowledge of an Allegation of Elder Abuse in a CalWhen two or more mandated reporters jointly have knowledge or reasonably suspect that financial abuse of an elder or a dependent adult for which the report is mandated has occurred, and when there is an agreement among them, the telephone report may be made by a member of the reporting team who is selected by mutual agreement. A single report may be made and signed by the selected member of the reporting team. Any member of the team who has knowledge that the member designated to report has failed to do so shall thereafter make