Definitions: According to the Code of Maryland regulations relative to the rights of residents in nursing homes (COMAR 10.07.09), abuse of a resident means "the nontherapeutic infliction upon a resident of physical pain or injury,...or a persistent course of conduct intended to produce, or resulting in, mental or emotional distress to a resident...." The Maryland regulations relative to assisted living programs define abuse of a resident as "physical, sexual, mental or verbal abuse, or the use of physical or chemical restraints or involuntary seclusion." These terms are defined as (1) physical abuse "means the sustaining of any physical injury by a resident as a result of cruel or inhumane treatment, or as a result of a malicious act by any individual." (2) mental abuse "means an intentional, persistent course of conduct resulting in emotional harm" (3) verbal abuse "means the use of any oral or gestured language, that includes disparaging or derogatory terms, which is directed to a resident, or within a resident's hearing distance, regardless of the resident's age, ability to comprehend, or disability." Financial exploitation is also considered a form of elder abuse. According to regulations for both nursing homes and assisted living facilities, financial exploitation is considered "the misappropriation of a resident's assets or income, including spending the resident's assets or income against or without the resident's or the resident's agent's consent or for the use and benefit of a person other than the resident, if the resident or agent has not consented to the expenditure." Abuse of a resident does not mean "the performance of an accepted medical procedure ordered by a physician or administered by another health care practitioner practicing within the scope of the physician or health care practitioner's license or compliance with a valid advance directive." Possible indicators of abuse: Physical indicators alone are not conclusive. Physical injuries and/or conditions must be assessed with behavioral indicators- how does a resident interact with a suspected abuser. How do the victim and the suspected abuser explain injuries?
To report suspected abuse in nursing homes, contact any of the following. Reports to any of these organizations may be made anonymously.
To report suspected abuse in assisted living facilities, contact the following. Reports to any of these organizations may be made anonymously.
The state of MD has mandatory reporting laws for health care professionals. FAILURE TO REPORT SUSPECTED ABUSE OF A NURSING HOME RESIDENT OR A RESIDENT OF AN ASSISTED LIVING FACILITY MAY RESULT IN A $1000 FINE. For further information regarding elder abuse, contact the Carroll County Long Term Care Ombudsman Program at 410-386-3800. The program can also be accessed through the Carroll County Government's toll-free number, 1-888-302-8978. |
Bureau of Aging - LT Care Ombudsman Program: Elder Abuse