Reporting a Crime Against a Resident Information Center

Introduction

Long term care facility staff (“covered individuals”) are required to report to the State Survey Agency and at least one local law enforcement entity “any reasonable suspicion of a crime,” as defined by local law, committed against an individual who is a resident of, or is receiving care from, a long term care facility.  This web page is intended to provide employees and contractors of long term care facilities with information on reporting a reasonable suspicion of a crime against a resident. 

This Reporting a reasonable suspicion of a crime against a resident page is not intended for consumers for the submitting of complaints against a health care facility.  Consumers should go to the Reporting a Complaint page at www.in.gov/isdh/21533.htm for that information. 

This Reporting a reasonable suspicion of a crime against a resident page is also not intended for long term care facilities for the submitting of reportable incidents that occur within a health care facility.  Facilities should go to the Reporting an incident page at www.in.gov/isdh/23638.htm for that information. 

Background

Section 6703(b)(3) of the Patient Protection and Affordable Care Act, in part, amends Title XI of the Social Security Act by adding a Section 1150B.  Section 1150B requires long term care facilities that receive at least $10,000 in Federal funds under the Act during the preceding year to annually notify each covered individual of their obligation to report to the State Survey Agency and at least one local law enforcement entity “any reasonable suspicion of a crime,” as defined by local law, committed against an individual who is a resident of, or is receiving care from, the facility.

The long term care facilities included in this reporting requirement are:

  • Nursing facilities (NFs)
  • Skilled nursing facilities (SNFs)
  • Hospices that provide services in long term care facilities
  • Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID, formerly ICF/MR)

Contact the ISDH

Indiana State Department of Health
Division of Long Term Care
2 North Meridian Street, 4B
Indianapolis, IN 46204
(317) 233-7442 (Long Term Care Receptionist)
(317) 233-1325 (ISDH Main Switchboard)
Map

Complaint and Incident Reporting Program Director
Karen Smith
Email:  ksmith@isdh.in.gov
Phone: 317-233-7709
Fax: 317-233-7494

Division Director
Matthew Foster
mfoster@isdh.in.gov
(317) 233-7290
(317) 233-9691 [Administrative Assistant]
(317) 233-7322 [Fax]

Acronyms and Definitions

Acronyms

  • CMS:  Centers for Medicare and Medicaid Services
  • ISDH:  Indiana State Department of Health

Definitions

  • Covered individual:  A “covered individual” is defined at Section 1150B(a)(3) as each individual who is an owner, operator, employee, manager, agent, or contractor of such long term care facility.

Education Modules

The ISDH is planning to develop an online educational module on the requirements for reporting a crime.  Check back for this new module. 

Forms

Reporting a crime against a resident form

The Reporting a crime against a resident form is to be used by covered individuals to report to the ISDH a reasonable suspicion of a crime against a resident or to report retaliation by a facility for reporting of a crime.  This form is not to be used by consumers to file a complaint against a facility or by facilities to report a reportable incident.

Posting of Notice of Employee Rights template

The facility must conspicuously post, in an appropriate location, a notice for its employees specifying the employees’ rights, including the right to file a complaint under this statute.  The notice must include a statement that an employee may file a complaint with the ISDH against a long term care facility that retaliates against an employee as well as include information with respect to the manner of filing such a complaint.  The ISDH has created a template for this requirement.  Facilities may use this template or develop their own notice that complies with federal requirements.   

How to Report a Reasonable Suspicion of a Crime Against a Long Term Care Resident to the ISDH

The following are ways to report a reportable reasonable suspicion of a crime to the ISDH: 

1.  Email the report to the ISDH

Email address for crime reports:  incidents@isdh.in.gov

2.  Fax the report to the ISDH

Fax number for crime reports:  (317) 233-7494

3.  Call the ISDH [not the preferred reporting method]

Toll-free Incident report line:  1-800-246-8909 [available during state business hours]
When calling the incident report line, you will be transferred to the Incident Reporting Program if there is an available intake specialist.  If there is not an intake specialist available to take the call, your call will go to the report line voicemail and your call will be returned as soon as possible.
Incident report line voicemail:  (317) 233-5359
If the incident report line is busy, you may call the voicemail line and leave the report on voicemail.

4.  During non-state business hours, you may call the after-hours number (317-233-8115).

What Information Should be Included in the Report

Regardless of the method of reporting, the following information should be included when reporting a reasonable suspicion of a crime against a nursing home resident.  The Reporting a crime against a resident form may be used for this purpose. 

  • Facility name
  • Facility address
  • Facility city, state and zip
  • Person making the report and their title
  • Date and time of incident
  • Residents involved, room number, age and diagnosis
  • Staff involved, their title, and professional license or aide registry number
  • Brief description of incident
  • Type of injury/injuries
  • Immediate action taken
  • Preventative measures taken

How to Report a Reasonable Suspicion of a Crime Against a Long Term Care Resident to Local Law Enforcement

Federal regulation also requires a report of a reasonable suspicion of a crime against a resident to be made to a local law enforcement entity.  A notice is posted in the facility with contact information for the local law enforcement entity. 

Laws and Regulations

Elder Justice Act – Section 1150B of the Social Security Act as established by section 6703(b)(3) of the Patient Protection and Affordable Care Act of 2010

The provided section of the Elder Justice Act is the section requiring the reporting of a  reasonable suspicion of a crime against a resident.

Program Guidance and Advisory Letters

CMS Survey and Certification Letters

ISDH Program Advisory Letters