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Elder Justice Act

ELDER JUSTICE ACT

UNDER §6703(B)(3) OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT OF 2010

Each employee, agent, contractor, manager, owner, or operator of a facility is individually responsible to report the reasonable suspicion of a crime against a resident. An individual who fails to report is subject to a civil money penalty of up to $300,000 and exclusion from participation in any Federal health care program.

Reports of the reasonable suspicion of a crime against a resident of a facility must be made to the Indiana State Department of Health and a local law enforcement entity within 2 hours if there is serious bodily injury. If events causing the suspicion do not result in serious bodily injury, it must be reported within 24 hours after forming the suspicion.

A facility may not retaliate against any employee who lawfully reports the reasonable suspicion of a crime against a resident as provided in Section 1150B of the Social Security Act.

A facility may not discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to an employee, or in any other manner discriminate against an employee, in the terms and conditions of employment because of lawful acts done by the employee for making a report, causing a report to be made, or for taking steps in furtherance of making a report pursuant to the Act.

A facility may not file a complaint or report against a nurse or other employee with the appropriate state professional disciplinary agency because of lawful acts done by the nurse or employee for making a report, causing a report to be made, or for taking steps in furtherance of making a report pursuant to the Act.

An employee may file a complaint with the Indiana State Department of Health against a facility if a  facility retaliates against an employee who has lawfully reported the suspicion of a crime against a resident. To file a complaint, the employee may call the ISDH Complaint Hotline at 1-800-246-8909 or email the complaint to complaints@isdh.in.gov.