are home health aides obligated to report patient abuse

by Dr. Quinton Osinski III 4 min read

How a Home Health Aide Can Handle an Abusive Patient

30 hours ago As home health aides (HHA), we are not just providing a home care service. We are also responsible for the emotional well-being of our patients. This is why it is important to know how to handle an abusive patient who lashes out at home health aides verbally. In this blog post, you’ll learn what you can do if your patient starts screaming at you and insulting (or hitting you) you every time you show up for work. >> Go To The Portal


Home health aides are not among those required to report if they have “reasonable cause to suspect or believe that any elderly person has been abused, neglected, exploited, or abandoned, or is in a condition which is the result of such abuse, neglect, exploitation, or abandonment, or who is in need of protective ...Feb 25, 1999

What happens when a patient abuse case is reported?

When a patient abuse case is reported, the case goes through 4 stages. In the first stage, referred to as “intake”, a trained staff member will ask the reporter a series of questions to ensure that all the necessary information is received.

Are your home health aides prepared to deal with difficult clients?

Although the majority of home care cases go smoothly, we need to ensure that our home health aides, nurses and therapists are also prepared for any difficulties that may arise in dealing with clients or their family members. I am Executive Vice President and Chief of Provider Services for Visiting Nurse Service of New York (VNSNY).

What should I do if I suspect patient abuse?

If a patient, family member, or caregiver observes patient abuse in any context, it’s crucial to contact the authorities right away. There are a few ways to report suspected or known patient abuse. The first method is to contact the New York State Protective Services for Adults at 1-800-342-3009 and report the details of the suspected abuse.

Are patients in your exam room being abused?

Patients in your exam room may be experiencing one of a number of forms of abuse—domestic violence, human trafficking or other violence—and identifying those being abused can sometimes be tough.

What should you do if you witness abuse or neglect of a patient?

Discuss any suspicion of abuse sensitively with the patient, whether or not reporting is legally mandated, and direct the patient to appropriate community resources. Report suspected violence and abuse in keeping with applicable requirements.

What is the role of a health care professional in reporting abuse?

The incidence of abuse cases in older adults is on the rise. Health care providers play an important role in recognizing and reporting abuse, the first step of which is to prepare themselves with knowledge regarding abuse. This consists of knowing the risk factors and signs and symptoms of abuse and how to report it.

Which types of abuse are the nurse required to report?

Just report the factsPhysical abuse – abuse that does not happen as a result of an accident.Emotional abuse – behavior that minimizes a child's self-worth; i.e. humiliates, threatens or intimidates.Neglect – failure of the parent/caregiver to meet physical, emotional, financial medical, educational needs.More items...•

Does California law allow you to hand over reporting to another individual?

Neither can mandated reporters hand this responsibility over to another staff member. Mandated reporters must report the incident themselves, they must follow through and no one can alter this legal responsibility.

What are ethical and legal requirements for mandatory reporting?

Mandatory reporting legislation provides legal protection to mandatory reporters who make a report, in good faith, about child sexual abuse. If reporters are complying with their obligation to make a mandatory report, they will not incur any civil or criminal liability by making the report.

What is the requirement for healthcare professionals who suspect or observe abuse?

If a nurse suspects abuse or neglect, they should first report it to a physician, nurse practitioner, or physician assistant. Notifying a supervisor may also be required, depending on the workplace. If the victim is with a suspected abuser, the exam should take place without that person in the room.

What types of abuse have to be reported?

that California law requires mandatory reporting of known or suspected:• Child abuse and neglect.• Elder and dependent adult abuse.• Domestic violence.

What is considered patient abuse?

Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older that 60 and forms a large proportion of patient abuse. Abuse includes physically striking or sexually assaulting a patient.

What is required of a nursing assistant if he suspects that a resident is being abused?

In a long-term care facility, any CNA who suspects abuse of a resident by either a family member or another professional caregiver should first report it to his or her supervisor.

Which of the following individuals are mandated reporters?

This typically includes social workers, teachers, health care workers, child care providers, law enforcement, mental health professionals, and other educators and medical professionals, although certain states hold that all citizens are mandated reporters.

Are nurses mandated reporters in California?

Nurses who work in late-stage care, either in palliative care or in hospice care, should be aware that all nurses, both registered and licensed vocational nurses, are considered mandatory reporters in California.

Who are mandated reporters of elder abuse in California?

Mandated reporters are healthcare providers, licensed or unlicensed social service providers for vulnerable adults, paid or unpaid caretakers, care custodians, the clergy, and other professionals in a position of trust who suspect elder or dependent adult abuse or neglect, including self-neglect.

How long do you have to report a patient abuse?

Mandated reporters have to report patient abuse within 24 hours of witnessing the reportable incident, and must be able to provide the following information:

When should a caregiver report abuse?

If a patient discloses abuse, this should be reported immediately. Caregivers should always document evidence of abuse as soon as they notice it, date the observations, and then report their observations to the proper authorities as soon as possible.

What are the most common types of elder abuse?

This type of abuse includes shoving, hitting, or the inappropriate use of chemical or physical restraints.

How do you know if you are being abused by an elderly patient?

What are signs of patient abuse? One of the hallmark signs of elder abuse is a sudden change in an elderly patient’s physical, mental, or financial well-being. Often the change is strange and inexplicable, but the specific signs that indicate an elder might be experiencing abuse tend to vary from victim-to-victim.

Why is it important to develop rapport with patients?

As a caregiver, it’s important to develop rapport with patients so that they feel comfortable disclosing information to you about things like abuse. As a caregiver, you should know the most common types of abuse that commonly occur and be able to recognize signs that an elder is being abused.

Why don't elderly people report abuse?

Here are some of the main reasons why elderly patients might not report their abuse to someone trustworthy who can help: ● Embarrassment - Some forms of abuse (such as sexual abuse) come along with shame on the part of the victim, and reporting the abuse may be uncomfortable.

What are the forms of emotional abuse?

But treatment that includes humiliation, ridicule, blaming, or scapegoating are all forms of emotional abuse. Abusers will use emotional tactics such as intimidation, threats, or yelling to control the elder or they may ignore the elderly patient completely or isolate him or her from their friends or family.

Why is it important to understand the types of abuse that may occur in the home health care setting?

It is important to understand the types of abuse that may occur in the home health care setting so that you can protect yourself or a loved one. Individuals receiving home health care may be vulnerable to abuse if they are isolated from other family and become dependent on the care provider. Additionally, elderly individuals may fear ...

Who should refer a patient to home health?

Generally, a patient’s doctor must refer him or her to home health care. A home health agency is contacted and will schedule an appointment to meet with the patient. The home health agency representative discusses the patient’s needs and health history and may also contact the patient’s doctor to talk about medical care.

What are the signs of sexual abuse?

Victims of sexual abuse may show signs like bleeding, soiled undergarments, fearfulness or sexually transmitted diseases.

How do you know if you are being abused by an elder?

Common signs of this type of elder abuse include: Physical injuries Unexplained bruises and physical injuries, frequent trips to the hospital, poor hygiene, or malnutrition may indicate physical abuse. Behavioral issues – The patient may become withdrawn, agitated or fearful around the care provider. Victims of physical abuse may also have mood ...

What is home health care?

Home health care workers help treat a patient’s illness or personal injuries while allowing the patient to maintain some independence. Home health care may involve medical services such as: Generally, a patient’s doctor must refer him or her to home health care.

What happens when you are emotionally abused?

Patients who are suffering emotional abuse may become depressed, have increased anxiety or revert to childlike behavior like sobbing or rocking back and forth. Emotional abusers may keep the victim isolated and speak on behalf of him or her.

Why is it important to advocate for the elderly?

It is important that loved ones advocate for the elderly because they may not be able to do it themselves. If you suspect that your loved one is being abused, report your suspicions to the home health care agency and file a complaint with the Wisconsin Department of Health Services (DHS).

Staying Home: Caregivers & Home Health Aides

In 2012, the National Center for Health Statistics placed the total number of nursing homes at 15,700. On any given day, approximately 1,383,700 residents lived in a nursing home and another 713,300 lived in residential care communities or assisted living facilities. Together, that’s just over 2 million Americans in residential long-term care.

What Are Home Health Aides?

There are many different types of home caregivers, and listing all the synonymous names and describing their minute distinctions would be impractical. Generally, the type of caregivers who assist elderly patients with the daily activities of living are considered “unlicensed,” like personal care assistants and home health aides.

Are They Abusers?

Yes, they can be, although elder abuse and neglect is far more likely to be committed by a family member than people unrelated to the senior.

What to consider before reporting suspected violence?

What to consider before reporting. Before reporting suspected violence or abuse, the Code says physicians should: Inform patients about requirements to report. Obtain the patient’s informed consent when reporting is not required by law.

What is the abuse in the exam room?

Patients in your exam room may be experiencing one of a number of forms of abuse—domestic violence, human trafficking or other violence— and identifying those being abused can sometimes be tough.

How many victims of trafficking had contact with a health professional?

The authors noted research showing that 88% of victims had contact with a health professional while being trafficked, but none were identified or offered help in getting out of their situation during the medical encounter.

Can a physician make exceptions to patient privacy?

Exceptions can be made if a physician reasonably believes that a patient’s refusal to authorize reporting is coerced and therefore does not constitute a valid informed treatment decision. Physicians should also protect patient privacy when reporting by disclosing only the minimum necessary information.

Do you have to see one on one for a trafficked patient?

Dr. Ravi said it is also important to establish a policy—even putting it in writing in the exam and waiting rooms—that says a patient needs to be seen one-on-one for part of the visit. Trafficked patients may come in with a man or woman who is trafficking them; sometimes that person could even be a relative.

Spot Signs of Mistreatment as Soon as They Arise

When you are not directly caring for your loved one, you extend a level of trust to a third party. Whenever you check on your loved one, watch for signs of neglect, abuse, or exploitation.

Take Steps to Alert Proper Authorities

If you suspect that your loved one was mistreated by their home health aide, intervene immediately.

If Your Loved One Was Mistreated, You Have Legal Options

Home health aide agencies and the aides that work for them have a responsibility to keep your loved ones safe from various forms of mistreatment. If you suspect your loved one was neglected, abused, or exploited, a lawyer can help you by:

Call Pintas & Mullins Law Firm Today

Our goal at Pintas & Mullins Law Firm is to ensure that your loved one is safe and that you obtain justice for any neglect, abuse, or exploitation that may have occurred. If you want to know how to file a complaint about a home health aide, we can help.

Nursing Home Abuse Blog Posts

Nursing homes are not always as safe as you may assume. If your loved one suffers a broken leg while living in a nursing home, it could be a sign of mistreatment. The elderly generally have weaker bones, and force applied via direct impact or twisting is often enough to cause a fracture. Causes of ...

How much is the reward for reporting home healthcare fraud?

How much reward for reporting home healthcare fraud? The amount of a whistleblower reward for reporting home healthcare fraud is based upon the amount of money Medicare recovers back due to the home healthcare fraud, and the reward is between 15% and 25% of what the government collects back from the hospital or home healthcare provider ...

What is HHA in Medicare?

The amount of payment to a Home Health Agency (HHA) depends upon what home health resource group (HHRG) the Medicare patient is classified. The HHRG group assignment is based upon things such as the diagnosis and the functional capacity and service use. Basically, more is paid for patients with more severe medical conditions because that requires more home visits and more home provided Medical services.

How many visits a week does Medicare bill?

Some home healthcare providers bill for making 3 visits a week but only go to the Medicare recipient’s home 2 times a week. Other home healthcare fraud schemes include billing for services that they do not perform. They may provide one service, but claim to provide three services. The types of fraud schemes are endless.

What are the two common fraud schemes by home healthcare companies?

Two common fraud schemes by home healthcare companies are (1) paying a doctor a kickback, either financially or through other benefits, to certify the Medicare patient as homebound, or (2) forging the physician’s signature or otherwise using false data or certifications.

What is homebound Medicare?

Medicare Home Healthcare reimbursement requires “Homebound” status. Medicare pays benefits to those who are homebound, which means that they are generally confined to their homes, including certain medical services provided at home. This means that a person is confined to the home except for infrequent or short absences or trips for medical care.

How long does Medicare cover home health?

If the home healthcare goes beyond 60 days, there must be a re-certification by the physician.

Why is Medicare paying more for home health?

Basically, more is paid for patients with more severe medical conditions because that requires more home visits and more home provided Medical services. To be covered by Medicare, any home health service must be provided under a “plan of care,” established by a doctor. If the doctor or physician does not determine that the Medicare patient is ...