{"id":355738,"date":"2016-04-04T11:01:54","date_gmt":"2016-04-04T16:01:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/elder-abuse\/elder-justice-act-reporting-requirements.html"},"modified":"2023-06-02T08:34:32","modified_gmt":"2023-06-02T13:34:32","slug":"elder-justice-act-reporting-requirements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-abuse\/elder-justice-act-reporting-requirements.html","title":{"rendered":"Elder Justice Act Reporting Requirements"},"content":{"rendered":"\n
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Elder Justice Act Reporting Requirements<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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In 2010, the federal government enacted the Elder Justice Act<\/a> (EJA) as part of the larger Patient Protection and Affordable Care Act. The EJA aims to protect older Americans from abuse, mistreatment, neglect, and exploitation<\/a>. According to the U.S. Department of Justice, almost 10% of older adults suffer abuse yearly. But only one in every 23 cases of abuse is reported to the appropriate social service agencies each year.<\/p>\n\n <\/div>\n\n

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The EJA is an abuse prevention law. Certain nursing homes and residential care facilities must notify caregiver staff of the Elder Justice Act reporting requirements. The federal law applies to people over 60 and is the first federal legislation to address elder abuse.<\/p>\r\n

The EJA also created several entities to strengthen elder abuse reporting requirements. For example, it created The Elder Justice Coordinating Council<\/a>, which provides elder abuse reports and recommendations to Congress.<\/p>\r\n

Under these reporting requirements, specific individuals must report suspected crimes committed against elderly residents to Adult Protective Services (APS) and law enforcement. Individuals can also report abuse to a long-term care ombudsperson program or another qualifying social service agency. If the long-term care facility receives funding through Medicaid or Medicare, the individual can also report the abuse to The Centers for Medicare and Medicaid Services (CMS)<\/a>. Learn more about these requirements and who they affect below.<\/p>\r\n

What Is a ‘Long-Term Care Facility’ Under the Act?<\/h2>\r\n

The Act applies to any "long-term care facility" that receives at least $10,000 in federal funding during the preceding year. A long-term care facility is a residential care provider that offers supportive health services to older people.<\/p>\r\n

Long-term care is for people who need help because they can no longer maintain their physical or mental health due to impairment, illness, injury, or disability.<\/p>\r\n

Examples of long-term care facilities under the Act include:<\/p>\r\n