Question

lets review what you have learned so far.

if the covered individual in a long-term care facility does not report the suspicion of a crime (including abuse), within the correct time frame, he or she may be fined up to _________ and may be excluded from participation in any federal healthcare program.

• $1,000
• $10,000
• $100,000
• $200,000

Explanation:

🆕 New Concept Discovered: Elder Justice Act Reporting Mandates
Federal requirements for reporting suspected crimes in long-term care facilities.

Step 1: Identify the Governing Law

Under Section 1150B of the Social Security Act (established by the Elder Justice Act of 2009), covered individuals (such as owners, operators, employees, managers, or contractors) of a long-term care facility that receives at least \( \$10,000 \) in federal funds must report any reasonable suspicion of a crime committed against a resident.

Step 2: Determine the Penalties for Failure to Report

The statute outlines specific civil monetary penalties (CMP) for failing to report within the required timeframe (which is 2 hours if the suspicion involves serious bodily injury, or 24 hours otherwise):

• Standard Failure to Report: If a covered individual fails to report the suspicion within the designated timeframe, they are subject to a civil money penalty of up to \( \$300,000 \) (adjusted periodically for inflation from the original \( \$200,000 \)) and may be excluded from participation in any federal healthcare program.
• Failure to Report Resulting in Increased Harm: If the failure to report exacerbates the harm to the victim or results in harm to another individual, the penalty increases up to \( \$300,000 \) (originally \( \$300,000 \)).
• Baseline Statutory Maximum: Looking at the standard, unadjusted statutory options provided in the question, the maximum fine for a standard failure to report is \( \$200,000 \).

Answer:

\( \$200,000 \)