Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XI — GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part A — General Provisions › § 1320b–25
Owners and operators of long-term care facilities that get federal money must each year check if the facility received at least $10,000 in federal funds the year before. If it did, they must tell every covered individual that those people must report suspected crimes involving residents or people getting care. Covered individual — anyone who owns, runs, works for, manages, represents, or contracts with the facility. Elder justice, long-term care facility, and law enforcement — have the meanings used in section 1397j. Underserved population — areas or groups with a shortage of elder justice programs, including isolated rural areas, racial and ethnic minorities, or groups with special needs (for example, language barriers, disabilities, immigration status, or age). Anyone who is a covered individual must report any reasonable suspicion of a crime against a resident or someone getting care to the Secretary and to one or more law enforcement agencies where the facility is located. If the suspected event caused serious bodily injury, the report must be made immediately and no later than 2 hours after the suspicion forms. For other suspicions, the report must be made within 24 hours. If a covered individual fails to report, they can face a civil money penalty up to $200,000 and may be excluded from federal health care programs. If the failure makes harm worse or causes harm to someone else, the penalty can be up to $300,000 and exclusion may also apply. While excluded, the facility that employs that person cannot get federal funds. The Secretary may reduce penalties for providers serving underserved populations. Facilities may not retaliate against employees who make reports; retaliation can bring up to $200,000 in fines and possible 2-year exclusion. Facilities must post a notice telling employees their rights and how to file a complaint with the Secretary. Procedures for penalties and exclusions follow existing federal rules.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Reference
Citation
42 U.S.C. § 1320b–25
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110