Earlier this month, the U.S. Department of Health and Human Services (HHS) announced the first final rule that establishes federal regulations for Adult Protective Services (APS).
Adult Protective Services rules and regulations will now be under the purview of the Administration for Community Living (ACL). According to an HHS press release, the final rule established minimum standards for APS programs, establishes protections for clients, requires immediate response to extreme complaints, provides two ways for the reporting of maltreatment or neglect and requires all services to respect the fundamental rights of all adults to make their own choices.
The rule also created standards for language regarding the administration of APS, and the plainer-language overview as well as resources for in-depth explorations of the final rule, which can be found at the ACL website.
While the rules leave open the rules for responding to reported cases that are “life threatening or likely to cause irreparable harm or significant loss of income, assets or resources,” it gives states the ability to determine when they will use their new powers for investigation and oversight of facilities which include nursing homes. According to McKnight’s, increased state powers could open the door for more investigations into nursing homes, but could also assist nursing homes when they need help intervening on behalf of patients with concerns about their legal guardians.
Senator Bob Casey (D-Penn.), the chairman of the Senate Special Committee on Aging, introduced the Alternatives to Guardianship Education Act shortly after the rule was announced. Should the Act pass, it would help eldercare services and facilities to discuss alternatives to guardianship like supported decision-making and advance directives, McKnight’s reports.
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