Are Nursing Home Staff Mandated Reporters?

The Centers for Disease Control and Prevention (CDC) found that there were around 15,300 nursing homes in 2020, representing a resident population of 1.3 million.

These facilities provide around-the-clock support that matches the individual needs of those residents. Thankfully, the vast majority of those nursing home residents are well taken care of. However, there are incidents of abuse that demand immediate attention.

There are many types of nursing home abuse that typically center around the issue of staffing. Either there isn’t enough staff, leading to neglect and cutting corners, or the hired staff aren’t properly trained or supervised. When incidents of abuse are left unreported, it can lead to serious harm and, in extreme cases, a wrongful death.

Fortunately, there are resources in place designed to help nursing home residents and their families who have been victims of abuse at My Nursing Home Abuse Guide. Before those protections can be activated, the incident needs to be reported.

That’s when the concept of mandated reporters comes into play.

What Is a Mandated Reporter?

Each state has its own mandatory reporting laws. These laws designate certain individuals as officially mandated reporters. A mandated reporter is obligated to report any type of abuse or mistreatment they witness that pertains to nursing home residents.

Who falls under the category of a mandated reporter?

Every state has its own mandated reporter standards. For instance, Ohio state law defines a mandated reporter as “any individual employed within an occupation” that they list, including nursing homes and residential facilities. That means any employee, including the administrative staff, nurses, assistants, and even support staff.

That report also has to be official. It can’t just be telling a supervisor you “saw something.”

The information in a mandated report should include the following:

• Name and address of the adult or any other person responsible for the adult’s care.
• The adult’s age.
• The nature and extent of the abuse, neglect, or exploitation, including any evidence of previous
• abuse, neglect, or exploitation.
• Identity of perpetrator, if known.
• Identity of the complainant, if possible.
• Any other information that the reporter believes might help establish the cause of abuse,
• neglect, or exploitation.

That report can cover any incident that occurred within the previous twelve months. It should be filed with the state’s version of its Adult Protective Services (APS).

It is important to note that the mandated reporting laws don’t just apply to nursing home residents. They extend to any person at any age who would be considered vulnerable. Mandated reporters include the following:

• Doctors
• First responders
• Law enforcement
• Home healthcare workers
• Teachers
• Maintenance staff
• Volunteers
• Clergy
• Therapists
• Dentists
• EMT
• Chiropractors
• Financial planners
• Real estate brokers

Signs of Abuse

A person designated as a mandated reporter can face serious repercussions if they don’t report any abuse. Of course, anyone can make a report, and it doesn’t have to pertain to your loved one. On one of your visits, you might observe something with another resident or staff member that raises concerns.

Here are some of the obvious signs you can look for:

Physical Abuse

• Bruises
• Cuts
• Unexplained breaks or sprains
• Pressure marks a.k.a. bed sores
• Burns

Neglect

• Unkempt hair
• Unbrushed teeth
• Unclipped nails
• Dirty clothing
• Soiled bed linens

Dehydration and Malnourishment

• Dry, pale skin
• Dry mouth
• Canker sores
• Swollen feet
• Irritability
• Delirium
• Slurred speech
• Rashes and lesions
• Signs of obvious weight loss

What You Can Do

If you suspect abuse is happening to your loved one or a fellow resident where they are staying, you can file a report directly to the facility or your state’s APS or long-term care ombudsmen. Any report that is filed with an outside agency will trigger an investigation.

That’s a direct path towards getting the matter resolved.

You also have the option to contact an attorney who specializes in nursing home abuse. They can become your advocate and provide you with options for pursuing the matter.

When it comes to any type of abuse, if you see something, say something.