Are Nursing Homes Required to Report Abuse?

Your elderly loved one is calling you again to tell you that they’re in pain. And what about those unexplained bruises? This happened before. Yet the staff’s excuse is that your loved one “fell again.”

These situations happen more often than families want to believe. When you suspect something’s wrong, you expect the nursing home to do the right thing and report it immediately.

Here’s what you need to know: Tennessee law requires nursing homes to report suspected abuse.

Learn about what the state law says about facilities that don’t follow these rules, and what you can do about it.

Tennessee Law Mandates Nursing Home Abuse Reporting

The Tennessee Adult Protection Act states that every single person working in a nursing home must report suspected abuse immediately.

This includes, but is not limited to:

• Nurses
• Physicians
• Medical Examiners
• Coroners
• Department Personnel
• Caretakers

The law is crystal clear: if you suspect abuse, you report it. Right away. There’s no waiting to see if it happens again. If the facility has an APS-approved internal process, staff may report internally instead of directly to authorities.

Reports must be made immediately to the Tennessee Department of Human Services, either orally or in writing. Then they have to follow up with a written report within 24 hours.

Who Gets Notified When Abuse Is Reported

When a report gets filed, several agencies spring into action:

• Adult Protective Services investigates the complaint
• Tennessee Department of Health gets notified about facility violations
• Law enforcement steps in for potential criminal cases
• Long-term care ombudsmen may also get involved

Each staff member has their own duty to report. If the facility does not have an APS-approved internal reporting procedure, each staff member has their own duty to report directly.

Furthermore, nursing home administrators must notify the Tennessee Department of Health about abuse, neglect, misappropriation of resident property, or certain other serious incidents as required by state regulation.

What Constitutes Reportable Nursing Home Abuse and Neglect

Physical abuse is the most obvious type that requires immediate reporting. This means any intentional harm:

• Hitting
• Slapping
• Pushing
• Rough handling during care

Staff must report unexplained injuries like bruises, cuts, or fractures. Even seemingly minor physical contact meant to hurt or intimidate counts as reportable abuse.

But abuse isn’t always physical. Neglect can be just as dangerous and definitely needs reporting.

Types of Abuse That Must Be Reported:

• Physical harm – hitting, rough handling, inappropriate use of restraints
• Neglect – bedsores, malnutrition, medication errors, poor hygiene
• Sexual abuse – any inappropriate touching or sexual contact
• Financial exploitation – stealing money, pressuring residents to change wills
• Emotional abuse – yelling, threats, deliberate isolation from family
• Violation of rights – restricting visitors, preventing phone calls

Sexual abuse must always be reported immediately. In some cases, the reporter must notify both APS and law enforcement directly. Otherwise, APS will notify law enforcement.

In addition, staff must report any suspected theft of residents’ money, property, or benefits. This includes situations where residents get pressured to give gifts to staff or make changes to their financial arrangements.

Consequences When Nursing Homes Fail to Report Abuse

Facilities that don’t follow Tennessee’s reporting requirements face serious consequences. The Tennessee Department of Health can impose substantial fines, suspend licenses, or revoke operating permits entirely.

Individual staff members who knowingly fail to report suspected abuse commit a Class A misdemeanor. That means:

• Up to 11 months
• 29 days in jail
• A fine of up to $2,500

These criminal penalties apply even if the suspected abuse turns out to be unfounded. The law punishes the failure to report, not whether abuse actually occurred.

Why Delayed Reporting Makes Everything Worse

When nursing homes don’t report incidents promptly, they face increased liability in civil lawsuits. Families can argue that the facility’s failure to report prevented proper investigation and allowed continued harm.

Consequences of failure to report:

• Evidence can be destroyed
• Medical signs of abuse heal over time
• Witnesses forget details or leave their jobs
• Security footage gets automatically deleted

Every day that passes without proper reporting makes it harder to prove what really happened.

Perhaps most troubling: unreported abuse often continues. When facilities don’t notify authorities about suspected mistreatment, the people causing harm remain in positions where they can hurt other residents.

How Families Can Take Action When Reporting Fails

You don’t have to wait for nursing home staff to do their job. Any person can contact Adult Protective Services directly.

Call the Tennessee Department of Human Services hotline:

• Confidential reporting system
• Operates 24/7 to receive reports of suspected adult abuse

You can also file complaints directly with the Tennessee Department of Health, which licenses and regulates nursing homes.

Steps You Can Take Right Now:

• Document everything – take photos of injuries or unsafe conditions
• Keep detailed notes – dates, times, names of staff you spoke with
• Report directly to authorities – don’t rely on the facility to do it
• Contact law enforcement if you suspect criminal activity
• Consult with The Higgins Firm immediately

Don’t hesitate to call the police directly if you suspect serious abuse. While Adult Protective Services handles most nursing home investigations, law enforcement may be necessary for cases involving assault, sexual abuse, or theft.

How We Help Families Fight Back

At The Higgins Firm, we investigate unreported incidents and gather evidence that facilities might try to hide. We work closely with state investigators and can often uncover patterns of abuse that individual families might not see.

We’ve successfully represented numerous Tennessee families whose loved ones suffered harm in nursing home facilities.

This means families can pursue justice without worrying about legal costs while their cases are pending.

Leave the legal complexities to us. It’s one thing to take off your plate, so you can focus on being there for your elderly loved one.

Your Loved One Deserves Better

If you suspect a Tennessee nursing home has failed to report abuse involving your loved one, don’t wait. Contact Adult Protective Services immediately, and document everything you can.

Contact The Higgins Firm today and schedule a confidential, no-obligation consultation with our TN abuse attorneys.

Your loved one deserves proper care and protection. We’re here to help make that happen.