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651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07)

MassachusettsregulationMassachusetts Executive Office of Elder Affairs (Department of Elder Affairs)

What this rule requires your agency to do

  • 1A mandated reporter subject to fine must immediately make a verbal report (or cause one to be made) to the Elder Abuse Hotline, a Protective Services Agency, or the Department upon reasonable cause to believe abuse occurred. (651 CMR 5.07(4)(a))(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))
  • 2A mandated reporter subject to fine must, within 48 hours, make a written report to the appropriate Protective Services Agency. (651 CMR 5.07(4)(b))(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))
  • 3Reporting must cover the statutory forms of abuse: physical abuse, sexual abuse, emotional abuse, neglect, self-neglect, and financial exploitation of an elder. (651 CMR 5.02)(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))
  • 4The provider/mandated reporter must report to the Elder Abuse Hotline, a Protective Services Agency, or the Department when they have reasonable cause to believe any elder is suffering from or has died from abuse. (651 CMR 5.07(1))(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))
  • 5A non-licensed home care staff member (homemaker, health aide, case manager) who is a mandated reporter not subject to fine must report to the hotline/agency and to the executive director, and the executive director must then make the immediate verbal report and the 48-hour written report. (651 CMR 5.07(5))(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))
  • 6The provider/employer must not discharge, demote, transfer, reduce the pay or benefits of, or otherwise retaliate against a person for making a report of elder abuse. (651 CMR 5.07(6)(a))(651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program (esp. 651 CMR 5.02, 5.07))

Applies to: personal care / home care / home health caregivers who are mandated reporters of elder abuse

651 CMR 5.00 governs Massachusetts elder abuse reporting and protective services. It designates categories of mandated reporters (including nurses, social workers, home health/homemaker agency executives, and non-licensed home care staff such as homemakers, health aides, and case managers), and requires them to report reasonable cause to believe an elder (60+) is suffering from or has died from abuse (physical, sexual, emotional, neglect, self-neglect, or financial exploitation) to the Elder Abuse Hotline, a Protective Services Agency, or the Department. Mandated reporters subject to fine must report verbally immediately and in writing within 48 hours; non-licensed home care staff report to the hotline/agency and their executive director, who then makes the immediate verbal and 48-hour written report. The regulation provides immunity for good-faith reports and prohibits retaliation against reporters.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.