WELCOME to Minnesota Elder Justice Center: Center Partners Meeting. Nov. 9, 2018

Similar documents
Addressing Elder Abuse in Minnesota Long-Term Care Settings

Elder Neglect and the APS Workforce. Kathleen M Quinn National Adult Protective Services Association (NAPSA)

DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK Chapter 5: Community Care for the Elderly Program CHAPTER 5

Adult Protection 101. Introduction. Introduction (continued) Categorical Vulnerable Adult

How to Protect our Nation's Most Vulnerable Adults through Effective Guardianship Practices

DEPARTMENT OF JUSTICE ELDER JUSTICE INITIATIVE

Resource Management Policy and Procedure Guidelines for Disability Waivers

CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL

Adult Protective Services

Anaheim Police Department Anaheim PD Policy Manual

CLACKAMAS COUNTY MULTI-DISCIPLINARY TEAM VULNERABLE ADULT ABUSE PROTOCOL

MHA Survey Manual: Chapter 8 Self-Reporting Adverse Events and Abuse and Neglect

Health Care Reform Provisions Affecting Older Adults and Persons with Special Needs 3/30/10

CHAPTER 411 DIVISION 020 ADULT PROTECTIVE SERVICES GENERAL

DEPARTMENT OF ELDER AFFAIRS PROGRAMS AND SERVICES HANDBOOK. Chapter 5. Administration of the Community Care for the Elderly (CCE) Program

State of Adult Protective Services Baseline Assessment

Complaint Investigations of Minnesota Health Care Facilities

Integrated Licensure Background and Recommendations

Minnesota State and Local Government Roles and Responsibilities in Human Services

State of Adult Protective Services Baseline Assessment

Complaint Investigations of Minnesota Health Care Facilities

State of Adult Protective Services Baseline Assessment

Office of Long-Term Living Individual Support Forum Place 555 Walnut Street Harrisburg, PA 17101

3/1/2017. FINANCIAL EXPLOITATION March Prepared for the San Antonio Estate Planners Council

Mandatory Reporting Requirements: The Elderly Rhode Island

MULTIDISCIPLINARY TEAMS AUTHORIZATIONS OR MANDATES: PROVISIONS AND CITATIONS IN ADULT PROTECTIVE SERVICES LAWS, BY STATE

Adult Protective Services Referrals Operations Manual

Annual Quality Improvement Report: The Nursing Home Survey Process REPORT TO THE MINNESOTA LEGISLATURE FOR FEDERAL FISCAL YEAR 2014

Complaint Investigations of Minnesota Health Care Facilities

NO Tallahassee, April 5, Mental Health/Substance Abuse INCIDENT REPORTING AND PROCESSING IN STATE MENTAL HEALTH TREATMENT FACILITIES

Annual Quality Improvement Report on the Nursing Home Survey Process

A GUIDE TO HOSPICE SERVICES

Florida Crime Prevention Training Institute Schedule of Florida Elder Crime Practitioner Training

Over, Under or Inconclusive? Using Filial and Family Support Laws to Combat Elder Exploitation

Adult Protective Services Referrals Operations Manual. Developed by the Department of Elder Affairs And The Department of Children and Families

Washington State LTSS System, History and Vision

Stage 4: Investigation process

VA-CEP Frequently Asked Questions. Select a hyperlink to jump to the appropriate subject:

Texas Mental Health Law

COUNTY OF BERKS, PENNSYLVANIA. Single Audit Report December 31, 2016

Developing and Implementing an APS Assessment System

Adult Protective Services: Providing Context in an Aging State

Minnesota Hospice Bill of Rights PER MINNESOTA STATUTES, SECTION 144A.751

Title 22: HEALTH AND WELFARE

VERIFIED COMPLAINT FOR TERMPORARY RESTRAINING ORDER AND A PRELIMINARY AND PERMANENT INJUCTION AND DECLARATORY RELIEF INTRODUCTION

Coordination Between Long-Term Care Ombudsman and Adult Protective Services Programs and Related Issues

Involuntary Transfer/Discharge: A Growing Problem We Can Do Something About!

(PLEASE PRINT) Sex M F Age Birthdate Single Married Widowed Separated Divorced. Business Address Business Phone Cell Phone

CORE COMPETENCIES FOR APS CASEWORKERS

Adult Protective Services Division of Aging and Adult Services Manual

REGISTERED OFFENDERS IN HEALTH CARE FACILITIES

New Minnesota Campus Sexual Assault Legislation

Request for Proposals for the Designation of. Adult Protective Services Provider Agencies for Area 01*

MFP Critical Incident Report Form M

Continuous Quality Improvement

FACILITY INITIATED DISCHARGE NOTIFICATION EXPECTATIONS. Penny Clark State Long-Term Care Ombudsman

Center for Medicaid, CHIP, and Survey & Certification/Survey & Certification Group

Using the APS Structured Decision Making System in the Context of NAPSA s APS Program Standards. September 29, 2015

DEPARTMENT OF HUMAN SERVICES AGING AND PEOPLE WITH DISABILITIES OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 33

Healthcare Facility Regulation

Rhode Island Mandatory Reporting Requirements Regarding Elders/Disabled

Kathleen Quinn National Adult Protective Services Association January 31, 2012

Pain Specialists of Greater Chicago Notice of Privacy Practices

Care Providers of Minnesota

Fear of Retaliation PARTICIPANT GUIDE

FAMILY PHARMACEUTICAL SERVICES NOTICE OF PRIVACY PRACTICES effective 9/23/2013

Riverside County CA Dept. of Public Social Services Adult Services Division. Lisa Shiner, MSW Jennifer Claar, MSW, PhD

Long-Term Care Ombudsmen & Systems Advocacy

CHAPTER Committee Substitute for Senate Bill No. 954

Dear Chairman Sanchez and Members of the House Ways and Means Committee,

Appendix 10: Adapting the Department of Defense MOU Templates to Local Needs

Applicable State Licensing Requirements for Combined Federal and Comprehensive HHA Survey

Annual Training Topics

Abuse and Neglect Investigation: Alaska Psychiatric Institute. Patient Illegally Held at API Despite Not Having a Mental Illness

MANUAL OF PROCEDURES

HIPAA PRIVACY NOTICE

Chapter 55: Protective Services and Placement

CMS REVISED RULES OF PARTICIPATION

CITY OF LOS ANGELES DEPARTMENT OF AGING POLICIES AND PROCEDURES RELATED TO MANDATED ELDER ABUSE REPORTER

NOTICE OF PRIVACY PRACTICES Mid-Atlantic Women s Care, PLC Effective Date: September 23, 2013 Last Revised: February 15, 2018

MARYLAND LONG-TERM CARE OMBUDSMAN PROGRAM POLICY AND PROCEDURES MANUAL

Licensing Personal Care Assistance Services - A Report to the 2013 Minnesota Legislature

Collaborations between Long-Term Care Ombudsmen and Protection & Advocacy Agencies A Report written by

Bright Horizons Back-up Child Care Registration Materials

Mental Health Certified Family Peer Specialist (CFPS)

(Signed original copy on file)

The New Survey Process What To Expect Paula G. Sanders, Esq.

National Indigenous Elder Justice Initiative. Tribal Elder Protection Team- Toolkit

Administrative Disqualification Hearing & Forms Available for Child Care Providers

The Impact on Compliance

NOTICE OF PRIVACY PRACTICES

40 TAC Tex. Admin. Code tit. 40, What words must I know to understand this chapter?

NOTICE OF PRIVACY PRACTICES Occupations, Inc. 15 Fortune Road West Middletown, NY 10941

ACL Program Overview. Rebecca Kinney

Education, Training and Licensure

CHILD ABUSE REPORTING LAWS IN GDB PUPPY RAISING STATES

GUIDE TO SERVICES Service Coordination

NOTICE OF PRIVACY PRACTICES

Elderly Waiver/Alternative Care Programs. Lisa Rotegard Manager Aging and Adult Services MN Department of Human Services

Agenda: Noon Overview of the regulatory sections affected by the Reform of RoP in Phase 2

Transcription:

WELCOME to Minnesota Elder Justice Center: Center Partners Meeting Nov. 9, 2018

AGENDA 2:00 2:15 2:20 3:00 3:10 4:00 Introductions Updates & Announcements Medicare Changes: Specific Challenges to 2019 Medicare Enrollment Financial Exploitation Injunction Vulnerable Adults, AL Licensing

Federal Policy Public Charge Rule Learn more from this free streaming webinar CMS Work Requirements for Medicaid Being Approved Overview of the state of work requirements and affect on older adults Proposed Regulatory Changes re: Emergency Preparedness for Nursing Homes Regulatory Oversight of Nursing Homes

Exploitation Injunction: A New Tool in Florida Would it Work Here? Text of Statute Exploitation Injunction provides for a petitioner to request an immediate freeze on accounts of a vulnerable adults when VA is in imminent danger of being financially exploited After 15 days, hearing is scheduled where the alleged perpetrator (respondent) is to appear

Exploitation Injunction: A New Tool in Florida Would it Work Here? Judge can order a continuation of the freeze, and end of the freeze, or other relief. Petition is filed without fees

Needed in MN? Considerations? Prohibiting the respondent from having any direct or indirect contact with the vulnerable adult. Immediately restraining the respondent from committing any acts of exploitation against the vulnerable adult. Freezing the assets of the vulnerable adult held at even if titled jointly with the respondent, or in the respondent s name only, in the court s discretion. Freezing the credit lines of the vulnerable adult at even if jointly with the respondent, in the court s discretion. Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies.

Other Features What does an Order look like? Who can bring the petition How does this court action interplay with other systems such as a law enforcement investigation, APS investigation, guardianship/probate proceedings? How would it help? Can we already do this? Who would use it? Due process concerns with the VA? The Respondent? Costs associated with this (especially if no fees?) Other?

Elder and Vulnerable Adult Abuse Prevention Groups 6 informal groups organized by MDH Assisted Living Licensing group is looking at how to reform current MN law that regulates assisted living Stakeholder group led by Commissioner Malcom and made up of regulators and agencies (MDH and DHS), consumer advocate groups, provider associations and individual providers, individual caseworkers, other concerned citizens

Vulnerable Adult Act Caregiver neglect Self Neglect Should harm have to occur for an act to be considered financial exploitation Information Sharing by APS to alleged victim and/or support person

Caregiver Neglect The Problem: Tension between DHS policy and State value of encouraging and supporting informal/family caregivers VS. The current definition of caregiver neglect in VAA Also current definition is not clear or flexible enough to encourage APS to look at other possible solutions to the underlying issues (needs more support services, homecare services, etc.)

Current Definition "Caregiver" means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.

Areas of Agreement Remove language about family "Caregiver" means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement. ACL 2018; Connolly 2014

Contact Us Sean Burke 612-412-2111 Minnesota Elder Justice Center 651-440-9300 www.elderjusticemn.org