Nursing Home Abuse Reporting Requirements

There are around 202 licensed nursing homes in the country, and of that number, just four received a 5 out of 5 overall rating from a survey conducted by U.S. News and World Report. That doesn’t mean the other nursing homes aren’t worthy, but it is important to note that any nursing home could be the subject of a complaint. If your loved one has been the victim of any sort of abuse, you should know about the correct nursing home abuse reporting requirements.

State Agencies for Reporting

While instances of abuse are difficult to consider, there are many outlets where you can report an issue. The first agency to consider is the state’s Adult Protective Services. Their mission is to “protect vulnerable persons whose safety and protection may be adversely affected by abuse, neglect, self-neglect or exploitation; raise public awareness; and educate mandated reporters of their reporting responsibilities.”

The Mississippi State Department of Health (MSDH) also provides a portal that allows you submit a complaint online about any nursing home in the state. They also have an abuse hotline that you can call at 800-227-7308 during the week between 8 a.m. and 5 p.m.

There is also the Mississippi Long-term Care Ombudsman, which acts as an advocate for nursing home residents and their families.

All of these agencies follow the same requirements and accept complaints about the following conditions:

Abuse

That is an intentional act that causes injury or unfairly confines a resident or punishes them in a way that can cause physical or emotional pain. Abuse can come from words, physical actions, or manipulation.

Neglect

Neglect is the same as ignoring a resident’s needs. Neglect can lead to physical injury, such as bedsores or wound infections, or to a resident being ignored or left in their room.

Misappropriation

This applies to taking advantage of a resident’s possessions or money without their permission.

In addition to a loved one, any professional that comes in contact with and witness abuse such as physician, nurse, attorney or other staff member are obligated to make a report.

Preparing a Complaint

If you recognize the signs of nursing home abuse, you should report it immediately. Here are the various pieces of information that you need to gather for your complaint:

The Who:

• Provide the victim’s name, age, and any preexisting health information.
• Name and address of the facility where the complaint took place.
• Names of the staff members directly in charge of the victim’s care.
• Name of the person you suspect of committing the abuse.

The What:

• Detail the type of harm subjected to the victim.
• Describe any suspected past incidents of abuse.
• Include any physical evidence, such as photos of injuries, or the environment.
• Add any documentation related to the complaint, including copies of medical records and complaints filed with the facility.

The Where and When

• Specify where the incident or incidents took place such as the resident’s bedroom or facility common room.
• Provide information about the date and time of the incident.

In addition to reporting abuse to a state agency, you can file a complaint directly with the facility. You’re not obligated to make that direct complaint, especially if you feel that the facility staff might not be receptive to the issue. You can also file a complaint simultaneously with the facility and state agency.

After Filing the Complaint

After you file your complaint, the agency you submitted it to will open a case file and begin its own investigation. That investigation will include on-site visits, inspections, and interviews with staff and the victim. If the complaint of abuse is verified, the agency can take any necessary enforcement action.

Staying Proactive

Ideally, the state agency you file your abuse complaint with will keep you informed about the progress of their investigation. However, it is important that you remain proactive about following up. You can find additional support with Pittman Roberts & Welsh, PLLC. We can become your advocate to help keep you informed.

If your complaint is found to be valid, we can also provide you with information about the best way forward. There might be ways to pursue compensation. It is important that you get information about all the options. Call to set up a consultation with us to discuss what happened today.