Patients residing in Medicaid licensed facilities, long-term care facilities and state licensed group homes, including many nursing homes and mental health facilities, have special protection under Delaware law. Because they are often completely dependent upon the care provided by the facilities, these patients are particularly vulnerable to abuse and neglect. Abuse includes physical, sexual and financial crimes committed against a patient by caregivers. Certain behavior may rise to the level of emotional abuse, even without any physical contact against the patient. Criminal neglect may occur when a caregiver fails to provide any treatment, care or service that is necessary to maintain the health or safety of the patient.

HOW CAN I SPOT PATIENT ABUSE?

In many cases, an abused or neglected patient is totally dependent on the offender and is afraid to complain for fear of reprisal. It is especially important, therefore, that others watch for warning signs, such as:

1. frequent unexplained injuries or complaints of pain without obvious injury; bruises or bums suggesting the use of instruments, cigarettes, etc.; lack of reaction to pain; fear of being alone with caregivers;

2. sexually transmitted diseases; injury to the genital area; obvious malnutrition; bedsores and skin lesions; lack of personal cleanliness.

WHO IS REQUIRED TO REPORT PATIENT ABUSE?

Any employee of a care giving facility or anyone who provides services to a resident or patient of a long term care facility is required by law to report suspected abuse or neglect both orally and in writing to the Division of Long-Term Care Resident Protection (DLTCRP). The DLTCRP maintains a 24-hour hotline for such reports at (877) 453-0012.

WHAT HAPPENS TO THOSE SUSPECTED OF PATIENT ABUSE OR NEGLECT?

The Medicaid Fraud Control Unit (MFCU) reviews allegations of Patient Abuse and neglect and, when appropriate, prosecutes criminal charges against the offender. Delaware law treats Patient Abuse very seriously, providing enhanced penalties for crimes against infirm victims and often allowing infirm victims to testify without having to go to court. The law also requires that all cases of Patient Abuse go to the Superior Court, the main trial court in Delaware.

WHAT SHOULD I DO IF I SPOT FRAUD OR ABUSE?

If you believe that you have spotted Medicaid Fraud or Patient Abuse, neglect, mistreatment or financial exploitation, call the MFCU Wilmington office at (302) 577-8505. Even if you only have suspicions or have already contacted a state agency, your information could be important to an ongoing MFCU investigation. Patient Abuse allegations can also be reported directly to state or local law enforcement. Remember, we can't help if we don't hear from you!