LeadingAge reported that the GAO was asked to review federal oversight of elder abuse reporting, investigation, and law enforcement notification in both nursing homes and assisted living facilities. Both types of facilities often fail to report neglect and abuse.
The report highlighted specific federal requirements for reporting, investigating, and notifying law enforcement of elder abuse for nursing homes and state survey agencies. For assisted living facilities, the report noted that there are no similar federal requirements as those are regulated by the states. The Centers for Medicare and Medicaid Services (CMS), however, requires state Medicaid agencies to develop policies to ensure reporting and investigations of elder abuse in assisted living facilities.
In commenting on the report, the Department of Health and Human Services (HHS) reiterated its commitment to resident safety and acknowledged the distinct, and not directly comparable, oversight frameworks for nursing home and assisted living facilities. This is a must read for all nursing home abuse and neglect attorneys.