Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program
Section 5.07 - Reports
Current through Register 1531, September 27, 2024
(1) Any person who has Reasonable Cause to Believe that any Elder is suffering from or has died from Abuse may make such a report to the Elder Abuse Hotline, a Protective Services Agency, or the Department.
(2) Reports of Abuse of Elders in any infirmary maintained in a town, convalescent or nursing home, rest home, charitable home for the aged or intermediate care facility for persons with developmental disabilities, as defined in M.G.L. c. 111, § 71, shall continue to be made to the Department of Public Health pursuant to M.G.L. c. 111, §§ 72(F) through 72(L) and shall not be made to the Department of Elder Affairs under M.G.L. c. 19A, §§ 15 and 16.
(3) Reports of Abuse or suspected Abuse that can reasonably be understood to constitute a criminal act that endangers the health, safety, and welfare of an individual at risk should also be reported to the police and may be concurrently investigated by the criminal justice system.
(4) Mandated Reporters Subject to Fine who have Reasonable Cause to Believe that an Elder is suffering from or has died as a result of Abuse shall:
(5) Mandated Reporter Not Subject to Fine. Mandated Reporters Not Subject to Fine who have Reasonable Cause to Believe that an Elder is suffering from or has died as a result of Abuse shall report such information to the Elder Abuse Hotline, a Protective Services Agency, or the Department, and also notify the executive director of their agency. The executive director shall:
(6) Liability and Retribution Against Reporters.
(7) The existence of a social-worker client privilege or patient-psychotherapist privilege relating to the exclusion of confidential communications shall not prohibit the filing of a report by persons subject thereto pursuant to the provisions of 651 CMR 5.07(4)(a), (b) or (c).