CMS Issues Guidance to State Survey Agencies on Elder Justice Act Reporting

On June 17, 2011, the Centers for Medicare & Medicaid Services (“CMS”) took its first wobbling steps toward addressing the practical aspects of the reporting requirements set forth in the Elder Justice Act (“EJA”). The guidance came in the form of a memorandum entitled “Reporting Reasonable Suspicion of a Crime in a Long-Term Care Facility (LTC): Section 1150B of the Social Security Act,” which was issued to State Survey Agency Directors. While addressing some important issues for the first time, the memorandum may have created additional uncertainties about the application of the law.

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