42 U.S.C. § 1320b–25 — Reporting to law enforcement of crimes occurring in federally funded long-term care facilities

(a) Determination and notification (1) Determination. Each year, the owner or operator of a long-term-care facility receiving Federal funds under this chapter must determine whether it received at least $10,000 in those funds during the preceding year. (2) Notification. If it did, the owner or operator must annually tell each covered individual that the individual must follow subsection (b). (3) Covered individual. “Covered individual” means an owner, operator, employee, manager, agent, or contractor of the facility. (b) Reporting requirements (1) In general. Each covered individual must report to the Secretary and one or more law-enforcement entities for the facility’s political subdivision any reasonable suspicion of a crime, as defined by that subdivision’s law, against a facility resident or a person receiving care there. (2) Timing. If the suspected events cause serious bodily injury, the report must be made immediately and no later than 2 hours after the suspicion is formed. If they do not cause serious bodily injury, it must be made no later than 24 hours after the suspicion is formed. (c) Penalties (1) In general. A covered individual violating subsection (b) may be assessed a civil money penalty of up to $200,000. In the same proceeding, the Secretary may exclude the individual from Federal health-care programs. (2) Increased harm. If the violation worsens the victim’s harm or harms another person, the penalty may be up to $300,000, and the Secretary may also exclude the individual. (3) Excluded individual. While the individual is excluded, a facility employing that individual cannot receive Federal funds under this chapter. (4) Extenuating circumstances. (A) The Secretary may consider the financial burden on providers serving underserved populations when setting a penalty. (B) “Underserved population” means people in an area or group the Secretary designates as lacking elder-justice programs. This may include geographically isolated areas or groups, racial or ethnic minorities, and people underserved because of language barriers, disabilities, alien status, or age. (d) Additional penalties for retaliation (1) In general. A facility may not discharge, demote, suspend, threaten, harass, deny promotion or another employment benefit to, or otherwise discriminate in employment against, an employee because of lawful acts. It also may not file a complaint or report against a nurse or other employee with the proper State disciplinary agency because the nurse or employee lawfully made, caused, or took steps toward making a subsection (b)(1) report. (2) Penalties. A violating facility may face a civil money penalty of up to $200,000, exclusion as an entity for 2 years under section 1320a–7(b), or both. (3) Notice. Each facility must prominently post the Secretary’s specified sign stating employees’ rights under this section. It must say that an employee may complain to the Secretary about a violating facility and explain how to file the complaint. (e) Procedure. Section 1320a–7a, except subsections (a), (b), and the second sentence of subsection (f), applies to a penalty or exclusion under this section as it applies to a penalty or proceeding under section 1320a–7a(a). (f) Definitions. “Elder justice,” “long-term-care facility,” and “law enforcement” have the meanings given in section 1397j.