Massachusetts Mandated Elder Abuse Reporting Law

Massachusetts Attorney General's Office, Aug 09, 2007

Massachusetts Mandated Reporting Requires reporting by specific professional or licensed groups, such as physicians, dentists, nurses, police, or social workers. Failure to report can result in a fine of up to $1,000. Any other person who makes a report is neither civilly nor criminally liable so long as the report was made in "good faith" and the reporter is not the perpetrator of the abuse.
 a. Reasonable Cause Standard: The standard for reporting is based on specific facts that were either directly observed or obtained from reliable sources that support a belief that the event took place or the conditions still exist.
 b. Mandated Reporting Process: A verbal report must be made through the statewide Elder Abuse Hotline at 1-800-922-2275 or to the local protective services agency that covers the geographical area where the abuse or neglect is alleged to have occurred. A written report must follow within 48 hours of the oral report to the department’s designee.  
2. Self-Determination: The concept of self-determination is a governing force of the elder protective services system in Massachusetts. Under this view, elders retain the same rights of decision-making they acquired entering adulthood. This includes the right to: (a) decide where and how to live; (b) choose whether to accept community or social services assistance; and (c) make choices that others might consider to be detrimental, unless they hurt others.  Elders are considered to have the capacity to consent when they are able to "... understand and appreciate the nature and consequences of decisions about Protective Services, including the benefits and risks of and alternatives to any proposed services, and to reach an informed decision."
C. Reporting Protections under the Massachusetts Elder Abuse Law, M.G.L. c. 19A, § 15
1. No person required to make a report pursuant to the statute can be held civilly or criminally liable, unless they perpetrated the abuse, neglect, or exploitation. 
2. No reporter may be discharged, demoted, transferred, suffer reduced pay or benefits as a result of filing a report of elder abuse. 
3. Privileges related to confidential communications between a patient and therapist or client and social worker will not interfere with the professional’s responsibility to report suspected cases of elder abuse under the state elder abuse statute.