911 and reporting to law enforcement
Mandated reporters should call 911 and then return to MARC to make a report of suspected maltreatment in emergency situations. Mandated reporters may also make a report to law enforcement if they suspect a vulnerable adult has been the victim of a crime. Mandated reporters are required to report suspected maltreatment to MAARC/CEP regardless of whether a law enforcement report was made.
When a report is NOT required to the Common Entry Point (CEP)
A report is not required for any of the following events:
(a) A circumstance where federal law specifically prohibits a person from disclosing patient identifying information in connection with a report of suspected maltreatment, unless the vulnerable adult, or the vulnerable adult's guardian, conservator, or legal representative, has consented to disclose in a manner which conforms to federal requirements.
Note: Facilities whose patients or residents are covered by such a federal law shall seek consent to the disclosure of suspected maltreatment from each patient or resident, or a guardian, conservator, or legal representative, upon the patient's or resident's admission to the facility. Persons who are prohibited by federal law from reporting an incident of suspected maltreatment shall immediately seek consent to make a report.
(b) Verbal or physical aggression occurring between patients, residents, or clients of a facility, or self-abusive behavior by these persons does not constitute abuse unless the behavior causes serious harm. The operator of the facility or a designee shall record incidents of aggression and self-abusive behavior to facilitate review by licensing agencies and county and local welfare agencies.
(c) Accident as defined in MS 626.5572, subd. 3, which mean a sudden, unforeseen, and unexpected occurrence or event which:
(1) is not likely to occur and which could not have been prevented by exercise of due care; and
(2) if occurring while a vulnerable adult is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
(d) Events occurring in a facility that result from an individual's error in the provision of therapeutic conduct as provided in MS 626.5572, subd. 17, paragraph (c), clause (4).
(e) Nothing in this section shall be construed to require a report of financial exploitation, as defined in MS 626.5572, subd. 9, solely on the basis of the transfer of money or property by gift or as compensation for services rendered.
