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The California Department of Health has issued a new All Facilities Letter outlining the Elder Justice Act (EJA) reporting requirements for long-term health care facilities (LTHCFs) and hospices. The EJA mandates that specific individuals in LTHCFs report any "reasonable suspicion" of crimes committed against residents or individuals receiving care from the facility. These requirements apply to LTHCFs receiving Medicare and Medicaid funding, as well as hospices providing services at LTHCFs. Facilities must annually notify each "covered individual" of their obligation to report any reasonable suspicion of a crime. Reports must be submitted to at least one local law enforcement agency and the Department of Public Health Licensing and Certification Program. Failure to comply with these reporting obligations can result in civil penalties and exclusion from federal health care programs. LTHCFs must also ensure they do not retaliate against employees who make lawful reports under the EJA.
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