To: All Greenwood Facility Employees
RE: Franklin United Methodist Community
The Franklin United Methodist Community is a facility for seniors that we do work within their buildings. The attached information was just received regarding elder abuse and the reporting thereof. While many of you will never work on this customer site, we believe we have the obligation to inform all of our employees of our moral and legal responsibilities for the elderly.
Please review this information completely. If you have any questions, please do not hesitate to contact me on extension 346.
FRANKLIN UNITED METHODIST COMMUNITY
Memorandum To: FUMC Vendors and Suppliers
From: Keith B. Van Deman, Associate Executive Director
Date: October 15, 2011
Re: Elder Justice Act Notification
The Elder Justice Act is a federally mandated legislation to help protect older adults from crimes against them.
As a licensed health care facility in the State of Indiana, we are compelled to provide notice of this act to every person who may be defined as a “covered person” that comes into contact with our residents. Some interpretations of this definition of a category for “contractors” include vendors, suppliers, and service persons such as you or your company who may be in our facility on certain occasions; therefore we are providing you with this enclosed notice that describes the Act.
On the reverse side of the Act information, you will also see the Contact Information for Reporting a Reasonable Suspicion of a Crime against a Resident. This is provided to you as a potentially “covered person” of the Act, which would require you that if you suspect a crime has been committed against one of our residents, you are obligated to report the suspicion to those noted in the listing.
We are grateful for our relationship with you and for the service you provide. We send you this information to be in compliance with the federal and state regulations that we are required to abide by at FUMC. This is an annual notification that we intend to provide to all “covered persons” until there is a change in requirements or other clarifications that indicate this group is exempt from notification.
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 this 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 this 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.
This 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. This 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.
This 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 this facility if this 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.
REPORTING A REASONABLE SUSPICION OF A CRIME AGAINST A RESIDENT
Contact Information for Reporting
Each employee, agent, contractor, manager, owner, or operator of this facility is individually responsible to report the reasonable suspicion of a crime against a resident.
Reports of the reasonable suspicion of a crime against a resident of this facility must be made to the Indiana state Department of Health and to a local law enforcement agency within 2 hours if there is serious bodily injury. Otherwise, it must be reported within 24 hours.
The following is contact information for the reporting of a reasonable suspicion of a crime against a resident:
Indiana State Department of Health
Email address to send reports: incidents@isdh.in.gov
Fax number to send reports: (317) 233-7494
Phone number to call in reports: 1-800-246-8909 [business hours and voicemail]
Or 317-233-5359 [voicemail]
Franklin Police Department
2801 N. Morton, Franklin IN 46131 to Send Reports
Fax Number: 317-736-6840 To Fax reports
Telephone: 317-736-5111 To Call In Reports