(a) (1) Any employee of a facility or person who provides services to a patient or resident of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, neglected, or financially exploited shall immediately report such abuse, mistreatment, neglect, or financial exploitation to the Department by oral communication. A written report shall be filed by the employee or person providing services to a patient or resident of a facility or service provider within 48 hours after the employee or person providing services to a patient or resident of a facility service provider first gains knowledge of the abuse, mistreatment, neglect or financial exploitation.

(2) In addition to the persons required to report abuse, neglect, mistreatment, or financial exploitation under paragraph (a)(1) of this section, any other person, including a patient or facility resident, may contact the Department to report any complaint concerning the health, safety, and welfare of patients or facility residents.

(3) The Department shall inform a person making a report under paragraph (a)(1) or (a)(2) of this section of the person’s right to obtain information concerning the disposition of the report. Such person shall receive, if requested, information on the general disposition of the report at the conclusion of the investigation.

(4) If the Department does not have jurisdiction over the report, the Department shall so advise the person making the report under paragraph (a)(1) or (a)(2) of this section and shall promptly refer the person to the appropriate agency.

(b) Any person required by subsection (a) or (c) of this section to make an oral and a written report who fails to do so is to be fined not more than $1,000 or imprisoned not more than 15 days, or both. In any action brought under this section, if a court finds a violation, the court may award costs and attorneys’ fees.

(c) In addition to those persons subject to subsection (a) of this section, any other person shall make such a report, if the person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, neglected, or financially exploited. Such reports are confidential and the reporting person cannot be compelled to do either of the following:

(1) Notify the facility, care provider, or individual implicated in the event.

(2) Provide information regarding the reported abuse, neglect, mistreatment, or financial exploitation to the facility, care provider, or individual implicated in the event.

(d) Any person who intentionally makes a false report under this subchapter is guilty of a class A misdemeanor.

(e) Any correspondence or other written communication from a resident or patient to the Department, the Attorney General’s office, the protection and advocacy agency, or a law-enforcement agency must, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the agency to which it is written. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.

(f ) Any correspondence or other written communication from the Department, the Attorney General’s office, the protection and advocacy agency or a law-enforcement agency to a resident or patient shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to such resident or patient. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.

65 Del. Laws, c. 442, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 292, § 1; 71 Del. Laws, c. 487, §§ 3, 5, 6; 74 Del. Laws, c. 196, § 1; 77 Del. Laws, c. 201, § 10; 81 Del. Laws, c. 206, § 33.