The Center for Medicare and Medicaid Services (CMS) has very strict regulations regarding the reporting of resident abuse. If there is serious bodily harm, it must be reported within two hours; without serious harm, the deadline is twenty-four hours.
However, some nursing homes fail to report abuse, which, in turn, leaves people uninformed when they’re looking for placement for a loved one.
Mandated reporters
Mandated reporters are individuals who are legally required to report any suspicions or knowledge of elder abuse to the appropriate authorities. They don’t need actual proof of the abuse. If a mandated reporter even suspects that abuse has occurred, then they must report it and allow a thorough investigation of the situation. Every employee within a nursing home is considered a mandated reporter. Florida takes elder abuse seriously; any mandated reporter who fails to inform the authorities of abuse can be convicted of a felony and fined up to $1 million.
Yet, according to NPR, research from the U.S. Department of Health and Human Services has found that one out of five incidents are not reported to the appropriate authorities. Considering the penalties for failing to report abuse, it may come as a surprise that so many abuse cases go unreported. Some possible reasons include:
- Staff members fear they may lose their jobs or face legal consequences if they report abuse.
- Inadequate training in recognizing and reporting abuse
- Nursing homes may prioritize their reputation over resident safety
This failure to report abuse has severe consequences for elderly residents and their families. Many adult children research nursing homes carefully when looking for a place for their parents. Seeing a facility with no abuse reports can give them a false sense of security in the belief their parents will be cared for and safe. For residents, unreported physical abuse can lead to injuries that worsen over time and may even become life-threatening.
Nursing homes have a legal and ethical duty of care. Failure to prevent and address abuse should entail harsh consequences. Any child who suspects nursing home abuse should first ensure their loved one is safe. The next step involves law enforcement to hold nursing homes accountable for their actions.
