ANY AND ALL ABUSE IS REPORTABLE TO THE BUREAU OF CERTIFICATION
LTC Regulatory Requirements
BUREAU OF CERTIFICATION
42 CFR (Code of Federal Regulations) 483.12-See CMS (The Centers for Medicare and Medicaid) SOM (State Operations Manual) 100-07 Appendix PP Effective, pages 70-158, date November 22, 2017. It can be accessed at https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/ downloads/som107ap_pp_guidelines_ltcf.pdf.
Elder Justice Act: Section 6703(b)(3) of the Affordable Care Act (which is located in this subtitle) amends the Social Security Act (the Act) by establishing new section 1150B of the Act entitled, Reporting to Law Enforcement of Crimes Occurring in Federally Funded Long-Term Care Facilities.
Abuse of any kind is to be reported within 2 hours by the facility as well as serious injury (which could fall under neglect or injury of unknown origin).*
“If the events that cause the suspicion—(A) result in serious bodily injury, the individual shall report the suspicion immediately, but not later than 2 hours after forming the suspicion;” SSA Section 1150B
“24 hours- if the alleged violation does not involve abuse and does not result in serious bodily injury.” SOM Appendix PP
"If the events that cause the suspicion - B) do not result in serious bodily injury, the individual shall report the suspicion not later than 24 hours after forming the suspicion." SSA Section 1150B
5 WORKING DAYS
All facility allegations are to be investigated and reported to Certification within 5 working days of the initial 2hr or 24hr report to Certification.
What to Report
How to Report
The DHEC Form 0268, Initial 2/24- Hour Reporting Form can be called in or faxed to our office. Please check the appropriate box on the form to indicate the type of report you are submitting (i.e. 2 hour or 24 hour) See contact numbers below for report submission.
If the 2 hour or 24 hour report was phoned in, please note on the DHEC Form 0269 Five Day Follow-up Report, the date and time that is was phoned in and to whom.
Contact info for DHEC's Bureau of Certification:
During business hours: 803-545-4205
ATTENTION: Providers are reminded that there are separate reporting requirements for both Licensing and Certification. For additional state reporting requirements for South Carolina Health Facility Licensing, please click here.
Law Enforcement Section 43-35-5 Omnibus Adult Protection Act
Ombudsman Section 43-35-5 Omnibus Adult Protection Act (State Statute)
"In accordance with state statute (R.61-17) and federal regulations (CFR 483.12), please contact your local law enforcement and Ombudsman offices for any questions regarding what and when to report to their agencies."
In addition, the SC Code of Law Section Title 43, Chapter 43-5 is known as the Omnibus Adult Protection Act. It speaks to the authority of the Ombudsman and law enforcement and the requirement of facilities to report.
The Code of Laws for this Act is found here.