651 CMR, § 5.07 - Reports

(1) Any person who has Reasonable Cause to Believe that any Elder is suffering from or has died from Abuse may make such a report to the Elder Abuse Hotline, a Protective Services Agency, or the Department.

(2) Reports of Abuse of Elders in any infirmary maintained in a town, convalescent or nursing home, rest home, charitable home for the aged or intermediate care facility for persons with developmental disabilities, as defined in M.G.L. c. 111, § 71, shall continue to be made to the Department of Public Health pursuant to M.G.L. c. 111, §§ 72(F) through 72(L) and shall not be made to the Department of Elder Affairs under M.G.L. c. 19A, §§ 15 and 16.

(3) Reports of Abuse or suspected Abuse that can reasonably be understood to constitute a criminal act that endangers the health, safety, and welfare of an individual at risk should also be reported to the police and may be concurrently investigated by the criminal justice system.

(4) Mandated Reporters Subject to Fine who have Reasonable Cause to Believe that an Elder is suffering from or has died as a result of Abuse shall:

(a) immediately make a verbal report of such information or cause a report to be made to the Elder Abuse Hotline, a Protective Services Agency or the Department; and

(b) within 48 hours make a written report to the appropriate Protective Services Agency. Executive directors of Home Health agencies and Homemaker Service agencies shall establish written procedures whereby reports of alleged Abuse of an Elder are forwarded to them by staff as soon as possible after they are received.

(5) Mandated Reporter Not Subject to Fine. Mandated Reporters Not Subject to Fine who have Reasonable Cause to Believe that an Elder is suffering from or has died as a result of Abuse shall report such information to the Elder Abuse Hotline, a Protective Services Agency, or the Department, and also notify the executive director of their agency. The executive director shall:

(a) immediately make a verbal report of such information or cause a report to be made to the Elder Abuse Hotline, a Protective Services Agency or the Department; and

(b) Within 48 hours make a written report to the appropriate Protective Services Agency.

(6) Liability and Retribution Against Reporters.

(a) No employee or supervisor may discharge, demote, transfer, reduce pay, benefits, or work privileges, prepare a negative work performance evaluation, or take any other action detrimental to an employee or supervisor who files a report in accordance with the provisions of M.G.L. c. 19A, §§ 15(a), 15(b), or 15(c), by reason of such report.

(b) No Mandated Reporter Subject to Fine shall be liable in any civil or criminal action by reason of such report; provided however, that such person did not perpetrate, inflict or cause said Abuse.

(c) No Mandated Reporter Not Subject to Fine or other reporter of alleged Abuse of an Elder shall be liable in any civil or criminal action by reason of such report if it was made in good faith; provided however, that such person did not perpetrate, inflict or cause said Abuse.

(d) Any person making a report of Abuse, pursuant to M.G.L. c. 19A, §§ 15(a), (b), or (c), who, in the determination of the Department or the District Attorney of the County where the Abuse occurred, may have perpetrated, inflicted, or caused said Abuse, may be liable in a civil or criminal action by reason of such report.

(7) The existence of a social-worker client privilege or patient-psychotherapist privilege relating to the exclusion of confidential communications shall not prohibit the filing of a report by persons subject thereto pursuant to the provisions of 651 CMR 5.07(4)(a), (b) or (c).

Notes

651 CMR, § 5.07

Amended by Mass Register Issue 1330, eff. 1/13/2017.