Reporting maltreatment in a Minnesota Department of Health (MDH) licensed facility

All facilities licensed by the Minnesota Department of Health (MDH) are to report in accordance with the requirements in MS 626.557. In addition, any federally certified Skilled Nursing Facilities/Nursing Facilities (SNFs/NFs), Skilled Nursing Facilities (SNFs), Nursing Facilities (NFs), and hospitals with swing beds, have additional reporting requirements imposed by federal law.

Incidents which are not reportable to MDH under federal law may still be required to be reported as suspected maltreatment to the CEP/MAARC under MS 626.557.

Minnesota Department of Health Special Instructions Link MDH Special Instructions

The federal regulations require that incidents of the following nature be reported to MDH within 24 hours of discovery: abuse, neglect, mistreatment, misappropriation of resident property, and injuries of unknown origin.

Reports of these incidents must be made to MDH via electronic notification. Specific instructions for how the reports are to be made are contained in MDH Information Bulletin 15-01 “Required Electronic Notification to MDH Via the Web for Reporting Incidents Within 24 Hours of the Incident’s Discovery, as required at 42 CFR 483.13c(2) and for timely submission of the facility’s investigative reports as required at 42 CFR 483.13 c(4).”

Facilities report to MDH via a secure website. Each facility has received from MDH a user identification number, password, and instructions for filing an initial report and investigative report via the electronic system.

When the initial report related to the incident is made, a tracking number will automatically be assigned to the incident and the facility will receive a message, including the incident tracking number, confirming receipt of the report. Print this confirmation and retain it in your incident reporting files.

A mandated reporter must also submit a report of the incident to Minnesota Adult Abuse Reporting Center (MAARC/CEP), if reportable under the VAA.

Effective August 1, 2009 an exception to oral reporting to the MAARC/CEP is granted to the following Providers:

For these providers, the report may be a duplicate of the initial report the facility submits electronically to the commissioner of health to comply with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.

While this may initially appear as a duplication of effort, it is required by State law and the MAARC/CEP has the added responsibility to notify law enforcement if the maltreatment allegation is also a suspected crime and to assess for the need for emergency protective services for the alleged vulnerable adult victim.