Centers for Medicare and Medicaid Services Home and Community Based Services Setting and Person Centered Planning rule was released in January 2014. There are two important aspects to this Rule: the Person Centered Planning Process and the Home and Community Based Services Settings. The Person Centered Process is intended to increase the person's input in how services are planned and what is included in the plan of care. While the Home and Community Based Services Settings (HCBS) rule "increases protections relating to where people receive Home and Community Based Services". The goal is to ensure that every person receiving HCBS: has access to benefits of community living, has full opportunity to be integrated in their community and has enhanced protections. They will apply to residential and non-residential services and setting. These rules will be applied to everyone receiving HCBS funded by Medicaid including people receiving HCBS in the CHOICES program.
Mr. R, age 77, suffered from Alzheimer’s and Parkinson’s diseases, diabetes and other ailments. His pastor persuaded the former church deacon to grant him authority to manage his finances and care decisions. The result of this misplaced trust included 130 ATM withdrawals from Mr. R’s bank account, nine months of unpaid nursing home bills, and the threat of discharge for nonpayment. The victim died at his facility. The perpetrator was charged and convicted of financial exploitation of a vulnerable adult.
Called the "crime of the 21st century" by a federal consumer agency, how can incidents of financial abuse of care facility residents be prevented?