N.J. Admin. Code § 15A:3-1.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 15A:3-1.5 - Reporting requirements and complaint procedures under the Mandatory Adult Abuse and Exploitation Reporting Law, N.J.S.A. 52:27G-7.1 et seq

(a) Any caregiver, social worker, physician, registered or licensed practical nurse, or other professional, who, as a result of information obtained in the course of his or her employment, has reasonable cause to suspect or believe that an institutionalized elderly person is being or has been abused or exploited, shall report such information to the Office within one business day from the time when such individual acquired such information. Any other person having reasonable cause to suspect or to believe that an elderly person is being or has been abused or exploited may report such information to the Ombudsperson or to the person designated by the Ombudsperson to receive such report.

(b) Any report of actual or suspected elderly abuse or exploitation shall be made verbally or in writing and shall contain, if known:

1. The name, address and age of the elderly person who is the subject of the suspected abuse or exploitation;

2. The name of the person accused of committing the alleged abuse or exploitation;

3. The name and address of the facility involved;

4. A description of the nature of the suspected abuse or exploitation;

5. The date, time and specific location of the occurrence;

6. The name and address of any witness to the suspected abuse or exploitation; and

7. Any other information which might be helpful in an investigation of the case and the protection of such elderly person.

(c) A verbal report, in order to be in compliance with this reporting mandate, must be made directly to a live representative of the Office, and not merely left on an answering machine or voice-mail system.

(d) The Office complaint procedure is as follows:

1. Within 24 hours of receipt of a report of abuse or exploitation, the Office shall notify the Public Advocate or the Public Advocate's designee, and any government agency which regulates or operates the facility.

2. The Office shall investigate a complaint alleging elderly abuse or exploitation by utilizing the procedure set forth in 15A:3-1.4. In addition, an investigation shall include a visit with the elderly person who has allegedly been abused or exploited and consultation with others who have knowledge of the particular case.

(e) Upon completing its investigation, the Office shall report its findings and recommended action, if any, in writing, to:

1. The resident;

2. The resident's legal guardian or other person named on the consent form pursuant to (l) below, by certified and regular mail, except that the Office may withhold reporting to such person upon evidence that such person was a party to the abuse, neglect or exploitation of the resident;

3. The person who reported the suspected abuse or exploitation;

4. The Public Advocate or the Public Advocate's designee;

5. The facility in which the elderly person who was allegedly abused or exploited is residing; such notification shall contain a general description of the Office's investigation and its findings, but shall not include the identity of the complainant, the victim or witnesses, unless such persons authorize, in writing, such disclosure;

6. The county prosecutor's office or any other appropriate prosecuting agency, if a determination is made that an elderly person may have been criminally abused or exploited; and

7. Where the Office has substantiated the allegations of the complaint, and where appropriate, the government agency or agencies having regulatory or licensing authority over either the person accused of the abuse or exploitation or over the facility in which the elderly person is residing.

(f) The name of any person who reports suspected abuse or exploitation pursuant to this subchapter shall not be disclosed, unless:

1. The person who reported the abuse or exploitation specifically authorizes such disclosure;

2. A judicial proceeding results from such report; or

3. Disclosure is authorized under 15A:3-1.6(a).

(g) Any person who reports suspected abuse or exploitation pursuant to this subchapter or who testifies in any administrative or judicial proceeding arising from such report or testimony shall have immunity from any civil or criminal liability on account of such report or testimony, unless such person has acted in bad faith or with malicious purpose.

(h) Pursuant to 52:27G-7.1(f), any person required to report suspected abuse or exploitation, as required in this section, who fails to make the reports required by this section, shall be fined up to $ 5,000. In the event that, within 30 days of notice of assessment of such fine, such person requests a hearing, the Ombudsperson shall afford said person the right to a hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Such penalty will be collected and enforced by the Office in a summary proceeding brought pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Each violation of this section shall constitute a separate offense.

(i) No provision of this section shall be deemed to require the disclosure of, or penalize the failure to disclose, any information which would be privileged pursuant to the provisions of Sections 18 through 23 inclusive of P.L. 1960, c.52 (2A:84A-18 through 2A:84A-23 ).

(j) The Office shall maintain a central registry of all reports of suspected abuse or exploitation and of all investigations, findings and recommended actions. No information received and compiled in such registries shall be construed as a public record.

(k) Where the report alleging elderly abuse or exploitation pertains to the withholding or withdrawal of life-sustaining treatment from an incapacitated elderly resident, reporting shall be governed by N.J.A.C. 15A:3-2.

(l) Each facility shall provide a Disclosure Consent Form, as set forth in chapter Appendix A, incorporated herein by reference, for every resident upon admission to the facility. The form is to be signed only by the resident or a judicially-appointed guardian of the person of the resident. Neither a "responsible" party nor a holder of the resident's financial or health care power of attorney has the legal authority to complete this form. If the resident is incapable of signing the form and has no guardian, the facility shall make a notation to that effect on the form.

N.J. Admin. Code § 15A:3-1.5