What Types of Abuse to Report to the New Jersey State Ombudsman's Office?

The New Jersey State Ombudsman Office receives complaints of alleged abuse and neglect of the elderly, mainly people over the age of 60 that are residents of a nursing, long- or short-term health facility. There are mandatory reporting systems in place for health professionals -- including nursing staff, administration, social workers and private caretakers -- to report suspicion of abuse. Health professionals must report cases of abuse and exploitation or risk a $5,000 fine for each incident.

Abuse

• The term abuse is defined as "...the willful infliction of physical pain, injury or mental anguish; unreasonable confinement; or the willful deprivation of services which are necessary to maintain a person's physical or mental health" according to the New Jersey State Department of the Public Advocate. Neglect is included in this definition as the willful deprivation of services. A reasonable suspicion that abuse has taken place does not require proof; reporting of the incident must be in a "timely manner," described by the department as one business day.

Federal Law Abuse

• The Health Care Financing Administration (HCFA) defines "abuse" as "[t]he willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting harm, pain, or mental anguish." Minor bruises are not considered abuse unless a willful act is suspected.

Neglect

• The New Jersey state office of Ombudsman and the HCFA require reporting any suspicion of neglect. Neglect incidents do not carry a mandated fine by the state or federal government, but do require a report of the incident. Neglect is often evident in the appearance of the individual and whether he is receiving the proper hygiene care, for example.

Impact Reporting

• Issues not identified as abuse or neglect but that nonetheless need consideration for reporting include overall care, quality of life, civil rights issues and health and safety conditions that can result in injury. Make a report concerning willful acts that affect a resident's overall quality of life, including exploitation and cases of isolation. Keep in mind that each issue has the potential to develop into abuse both physically and/or mentally.

Reporting

• Direct reports to the New Jersey Office of the Ombudsman of the Institutionalized Elderly. Call the office 24-hour hotline at 1-877-582-6995, or send a letter to:

  The Office of the Ombudsman

  P.O. Box 852

  Trenton, NJ

  08625-0852

  Facilities are encouraged to download the "Reporting Grid Guidelines" form and distribute it to all staff. The form outlines reasons for reporting incidences to the Ombudsman. Civilians can make a complaint by calling the office hotline.