OIG Issues Report on Nursing Home Compliance with Abuse Reporting

The Office of the Inspector General (OIG) of the Department of Health and Human Services (HHS) has issued a report on the compliance by nursing homes with abuse reporting requirements.  The first part of the OIG study focused on the review of sample reporting policies from 250 nursing homes nationwide.  The second part of the study looked closely at a sample of 301 allegations of abuse or neglect identified by nursing homes and the investigation that was conducted as a result of the allegation.  Overall the report found the following:

• 85 percent of nursing facilities reported at least one allegation of abuse or neglect to OIG in 2012.
  • A total of 149,313 allegations of abuse or neglect were reported by facilities to OIG in 2012.
  • Abuse was the most common type of allegation, accounting for half of the allegations in 2012.
• 76 percent of nursing facilities (11,744 facilities) maintained policies that address Federal regulations for reporting both allegations of abuse or neglect and investigation results.
• 61 percent of nursing facilities had documentation supporting facilities’ compliance with both Federal regulations under Section 1150B of the Social Security Act (SSA).
  • Section 1150B requires owners, operators, employees, managers, agents, or contractors of nursing facilities (covered individuals) in applicable nursing facilities to report any reasonable suspicion of crimes committed against a resident of that facility to the appropriate entities (e.g., law enforcement entities).
  • Section 1150B requires applicable nursing facilities to annually notify covered individuals of their obligation to report to the appropriate entities any reasonable suspicions of a crime. Nursing facilities may not retaliate against covered individuals who lawfully report a reasonable suspicion of a crime. Nursing facilities are required to clearly post a notice for employees specifying employees’ rights to file a complaint.
• 53 percent (1,338) of allegations of abuse or neglect and the subsequent investigation results were reported, as Federally required.

As a result of the report we would anticipate closer scrutiny on survey and during complaints of compliance with reporting and investigation requirements.  Click here for the complete report.

Contact:  Elliott Frost, efrost@leadingageny.org, 518-867-8832