---
kind: "section"
citation: "42 U.S.C. § 1320b–25"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1320b–25"
heading: "Reporting to law enforcement of crimes occurring in federally funded long-term care facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1320b-25"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XI — General Provisions, Peer Review, and Administrative Simplification"
  - "Part A — General Provisions"
---

# §1320b–25. Reporting to law enforcement of crimes occurring in federally funded long-term care facilities

- (a) **Determination and notification—**
  - (1) **Determination—** The [owner](/usc/42/13641.md?p=4) or operator of each [long-term care facility](/usc/42/1397j.md?p=15) that receives Federal funds under this chapter shall annually determine whether the [facility](/usc/42/1320a–3.md?p=c-5-B) received at least $10,000 in such Federal funds during the preceding year.
  - (2) **Notification—** If the [owner](/usc/42/13641.md?p=4) or operator determines under [paragraph (1)](#a-1) that the [facility](/usc/42/1320a–3.md?p=c-5-B) received at least $10,000 in such Federal funds during the preceding year, such [owner](/usc/42/13641.md?p=4) or operator shall annually notify each covered individual (as defined in [paragraph (3)](#a-3)) of that individual’s obligation to comply with the reporting requirements described in [subsection (b)](#b).
  - (3) **Covered individual defined—** In this section, the term “covered individual” means each individual who is an [owner](/usc/42/13641.md?p=4), operator, employee, manager, agent, or contractor of a [long-term care facility](/usc/42/1397j.md?p=15) that is the subject of a determination described in [paragraph (1)](#a-1).
- (b) **Reporting requirements—**
  - (1) **In general—** Each covered individual shall report to the [Secretary](/usc/42/1301.md?p=a-6) and 1 or more [law enforcement](/usc/42/1397j.md?p=13) entities for the political subdivision in which the [facility](/usc/42/1320a–3.md?p=c-5-B) is located any reasonable suspicion of a crime (as defined by the law of the applicable political subdivision) against any individual who is a resident of, or is receiving care from, the [facility](/usc/42/1320a–3.md?p=c-5-B).
  - (2) **Timing—** If the events that cause the suspicion—
    - (A) result in [serious bodily injury](/usc/42/1397j.md?p=19-A), the individual shall report the suspicion immediately, but not later than 2 hours after forming the suspicion; and
    - (B) do not result in [serious bodily injury](/usc/42/1397j.md?p=19-A), the individual shall report the suspicion not later than 24 hours after forming the suspicion.
- (c) **Penalties—**
  - (1) **In general—** If a covered individual violates [subsection (b)](#b)—
    - (A) the covered individual shall be subject to a civil money penalty of not more than $200,000; and
    - (B) the [Secretary](/usc/42/1301.md?p=a-6) may make a determination in the same proceeding to exclude the covered individual from participation in any Federal health care program (as defined in [section 1320a–7b(f) of this title](/usc/42/1320a–7b.md?p=f)).
  - (2) **Increased harm—** If a covered individual violates [subsection (b)](#b) and the [violation](/usc/42/2000e–16a.md?p=c) exacerbates the harm to the victim of the crime or results in harm to another individual—
    - (A) the covered individual shall be subject to a civil money penalty of not more than $300,000; and
    - (B) the [Secretary](/usc/42/1301.md?p=a-6) may make a determination in the same proceeding to exclude the covered individual from participation in any Federal health care program (as defined in [section 1320a–7b(f) of this title](/usc/42/1320a–7b.md?p=f)).
  - (3) **Excluded individual—** During any period for which a covered individual is classified as an excluded individual under paragraph [(1)(B)](#c-1-B) or [(2)(B)](#c-2-B), a [long-term care facility](/usc/42/1397j.md?p=15) that employs such individual shall be ineligible to receive Federal funds under this chapter.
  - (4) **Extenuating circumstances—**
    - (A) **In general—** The [Secretary](/usc/42/1301.md?p=a-6) may take into account the financial burden on providers with underserved populations in determining any penalty to be imposed under this subsection.
    - (B) **Underserved population defined—** In this paragraph, the term “underserved population” means the population of an area designated by the [Secretary](/usc/42/1301.md?p=a-6) as an area with a shortage of [elder justice](/usc/42/1397j.md?p=6) programs or a population group designated by the [Secretary](/usc/42/1301.md?p=a-6) as having a shortage of such programs. Such areas or groups designated by the [Secretary](/usc/42/1301.md?p=a-6) may include—
      - (i) areas or groups that are geographically isolated (such as isolated in a rural area);
      - (ii) racial and ethnic minority populations; and
      - (iii) populations underserved because of special needs (such as language barriers, disabilities, alien status, or age).
- (d) **Additional penalties for retaliation—**
  - (1) **In general—** A [long-term care facility](/usc/42/1397j.md?p=15) may not—
    - (A) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to an employee, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee; or
    - (B) file a complaint or a report against a nurse or other employee with the appropriate [State](/usc/42/619.md?p=5) professional disciplinary [agency](/usc/42/1397n–12.md?p=1) because of lawful acts done by the nurse or employee,

    for making a report, causing a report to be made, or for taking steps in furtherance of making a report pursuant to [subsection (b)(1)](#b-1).

  - (2) **Penalties for retaliation—** If a [long-term care facility](/usc/42/1397j.md?p=15) violates subparagraph [(A)](#d-1-A) or [(B)](#d-1-B) of paragraph (1) the [facility](/usc/42/1320a–3.md?p=c-5-B) shall be subject to a civil money penalty of not more than $200,000 or the [Secretary](/usc/42/1301.md?p=a-6) may classify the entity as an excluded entity for a period of 2 years pursuant to [section 1320a–7(b) of this title](/usc/42/1320a–7.md?p=b), or both.
  - (3) **Requirement to post notice—** Each [long-term care facility](/usc/42/1397j.md?p=15) shall post conspicuously in an appropriate location a sign (in a form specified by the [Secretary](/usc/42/1301.md?p=a-6)) specifying the rights of employees under this section. Such sign shall include a statement that an employee may file a complaint with the [Secretary](/usc/42/1301.md?p=a-6) against a [long-term care facility](/usc/42/1397j.md?p=15) that violates the provisions of this subsection and information with respect to the manner of filing such a complaint.
- (e) **Procedure—** The provisions of [section 1320a–7a of this title](/usc/42/1320a–7a.md) (other than subsections [(a)](#a) and [(b)](#b) and the second sentence of [subsection (f)](#f)) shall apply to a civil money penalty or exclusion under this section in the same manner as such provisions apply to a penalty or proceeding under [section 1320a–7a(a) of this title](/usc/42/1320a–7a.md?p=a).
- (f) **Definitions—** In this section, the terms “[elder justice](/usc/42/1397j.md?p=6)”, “[long-term care facility](/usc/42/1397j.md?p=15)”, and “[law enforcement](/usc/42/1397j.md?p=13)” have the meanings given those terms in [section 1397j of this title](/usc/42/1397j.md).

## Source credit

(Aug. 14, 1935, ch. 531, title XI, § 1150B, as added Pub. L. 111–148, title VI, § 6703(b)(3), Mar. 23, 2010, 124 Stat. 800.)