Delaware Code Title 16 Sec. 1132 – Reporting requirements
(a) (1) Any employee of a facility or person who provides services to a patient or resident on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, neglected, mistreated, or financially exploited or has been the victim of medication diversion shall immediately report the abuse, neglect, mistreatment, financial exploitation, or medication diversion to the Department by oral communication. The employee or person providing services to a patient or resident shall file a written report within 48 hours after the employee or person providing services to a patient or resident first gains knowledge of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.
(2) In addition to the persons required to report abuse, neglect, mistreatment, financial exploitation, or medication diversion under paragraph (a)(1) of this section, any other person, including a patient or resident, may contact the Department to report any complaint concerning the health, safety, and welfare of patients or residents.
(3) The Department shall inform a person making a report under paragraph (a)(1) or (a)(2) of this section of the person’s right to obtain information concerning the disposition of the report. The person must receive, if requested, information on the general disposition of the report at the conclusion of the investigation.
(4) If the Department does not have jurisdiction over the report, the Department shall so advise the person making the report under paragraph (a)(1) or (a)(2) of this section and shall promptly refer the person to the appropriate agency.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,300 |
Terms Used In Delaware Code Title 16 Sec. 1132
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
- Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
- Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
(b) Any person required by subsection (a) or (c) of this section to make an oral and a written report who fails to do so is to be fined not more than $1,000 or imprisoned not more than 15 days, or both.
(c) In addition to those persons subject to subsection (a) of this section, any other person shall make a report if the person has reasonable cause to believe that a patient or resident has been abused, neglected, mistreated, or financially exploited, or has been the victim of medication diversion. A report under this subsection is confidential and the reporting person cannot be compelled to do either of the following:
(1) Notify the facility, care provider, or individual implicated in the event.
(2) Provide information regarding the reported abuse, neglect, mistreatment, financial exploitation, or medication diversion to the facility, care provider, or individual implicated in the event.
(d) Any person who intentionally makes a false report under this subchapter is guilty of a class A misdemeanor.
(e) Any correspondence or other written communication from a patient or resident to the Department, the Attorney General’s office, the protection and advocacy agency, or a law-enforcement agency must, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the agency to which it is written. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.
(f) Any correspondence or other written communication from the Department, the Attorney General’s office, the protection and advocacy agency, or a law-enforcement agency to a patient or resident must, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the patient or resident. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.
65 Del. Laws, c. 442, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 292, § ?1; 71 Del. Laws, c. 487, §§ ?3, 5, 6; 74 Del. Laws, c. 196, § ?1; 77 Del. Laws, c. 201, § ?10; 81 Del. Laws, c. 206, § 33; 83 Del. Laws, c. 22, § 3;