CMS S&C Memo 11-30 Reporting Reasonable Suspicion of
a Crime in a Long-Term Care Facility (LTC): Section 1150 B of the Social
Security Act
PDF Version of DQA 11-021
(PDF,
57 KB)
CMS S&C Memo 11-30 Reporting Reasonable Suspicion of a
Crime in a Long-Term Care Facility (LTC): Section 1150 B of the Social
Security Act
The Centers for Medicare and Medicaid Services (CMS) Survey and
Certification (S&C) Memo 11-30 at http://www.cms.gov/Surveycertificationgeninfo/downloads/SCLetter11_30.pdf,
informs state survey agencies of the new section 1150 B of the Act, which
was established by section 6703 (b) (3) of the Affordable Care Act and is
entitled "Reporting to Law Enforcement of Crimes Occurring in Federally
Funded Long-Term Care Facilities." The revised 1-20-12 document
includes updated versions of the Questions and Answers and Appendix One
documents.
Section 6703(b)(3) of the Affordable Care Act, in part, amends Title XI
of the Act by adding a new section 1150B. Section 1150B requires LTC
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 Secretary (now assigned to the SA) 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. A “covered
individual” is defined at section 1150B(a)(3) of the Act as each
individual who is an owner, operator, employee, manager, agent, or
contractor of such LTC facility.
Please see S & C Memo 11-30 for detailed information and the
questions and answers document. DQA is also working with the Department of
Justice to ensure local law enforcement agencies are aware of the new
reporting requirements.
- Employees may be instructed to report any reasonable suspicion of a
crime committed against a resident of a facility to DQA via the online
complaint survey at http://www.dhs.wisconsin.gov/bqaconsumer/HealthCareComplaints.htm
or by calling 1-800-642-6552 and to the local city, town, village or
county law enforcement agency. (Wis. Stat. § 939.12 defines a crime as
"conduct which is prohibited by state law and punishable by fine or
imprisonment or both." See Wis. Stat. chs. 940-961.)
Currently there are no CMS regulations that apply specifically to section
1150B responsibilities. Consequently, state survey agencies will focus on
(a) the events giving rise to reports made under this requirement and (b)
the LTC facility's responsibilities under existing CMS conditions and
requirements. Questions concerning S & C Memo 11-30 should be addressed
to Alice Bonner at alice.bonner@cms.hhs.gov
or Akosua Ghailan at Akosua.Ghailan2@cms.hhs.gov
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Last Updated: February 16, 2012
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