Adult Protective Services

The Health and Human Services Administration for Community Living finalized the first nationwide rules for APS programs. The APS program identifies and investigates the mistreatment or neglect for elderly residents and people with disabilities. The new rules require APS officials to respond to the reported cases that are “life-threatening or likely to cause irreparable harm or significant loss of income, assets, or resources” within 24 hours.

This promotes cooperation with state Medicaid agencies, nursing home licensing divisions, and long-term care ombudsman. However, incredibly, the rules do not require states to respond to reports, but it leaves it up to each state to decide how to exercise its investigative and oversight powers.

Attorney Mark Reagan, who manages shareholder and is the chair of the Post-Acute and Long-Term Care Practice at Hooper Lundy Bookman says, “While the APS rule is more directed to protect vulnerable adults in the community, it is certainly broad enough to cover residential environments, including SNFs and assisted living,”

The Centers for Medicaid & Medicare Services has current requirements for state surveyors to receive and investigate reports of suspected abuse and neglect in nursing homes. At a state level, providers possibly will be required to report their concerns to state surveyors, law enforcement or ombudsman. It has been hard to gain involvement from APS regarding SNF matters.

The APS rule recommends guardianship as a last resort after exhausting other support measures. The National Association for Home Care & Hospice said the rule will “help to improve consistency in services across states, better protect the vulnerable elderly, and increase understanding of the APS processes and expectations” for providers. These new regulations are set to take effect on June 7, but regulated entities have four years to fully comply.