12 Colo. Code Regs. § 2510-1-10.421

Current through Register Vol. 47, No. 22, November 25, 2024

Section 12 CCR 2510-1-10.421 - PROGRAM FOR ELDER RIGHTS AND PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION [Rev. eff. 2/1/16]

A. The SUA or its designee, in consultation with AAAs, shall develop a comprehensive approach to enhance elder rights and to prevent and respond to elder abuse, neglect, and exploitation, including financial exploitation:

1. Consistent with relevant federal and state laws; and,

2. Coordinated with:

a. State and county Adult Protective Services for at risk adults and Adult Protection Teams described in 12 CCR 2518-1;

b. The CLTCO and local ombudsmen;

c. The Colorado Legal Assistance Developer (CLAD) and local legal assistance providers;

d. Local law enforcement agencies;

e. Facility and long-term care provider licensure and certification programs;

f. Medicaid fraud and abuse services, including services provided by the Colorado Medicaid fraud control unit;

g. Victim assistance programs;

h. Protection and advocacy programs;

i. Consumer protection programs;

j. State and local courts, and,

k. Other agencies and programs that assist and work with vulnerable older adults.

B. Funds authorized for this program shall be used to develop programs and activities related to elder rights and the prevention of and response to elder abuse, neglect, and exploitation, and may include:

1. Identification of older adults who are vulnerable to abuse, neglect, and exploitation, and are living in state licensed facilities, unlicensed facilities, or domestic or community-based settings; and,

2. Enhancing services under the Long-Term Care Ombudsman Program; and/or,

3. Developing training and/or educational materials on the topics of:

a. Self-determination, autonomy, and individual rights;

b. Indicators of and prevention of elder abuse, neglect, and exploitation;

c. Financial literacy, prevention of identity theft, and other forms of financial exploitation;

d. Procedures for reporting suspected elder abuse, neglect, and exploitation to the Long-Term Care Ombudsman, Adult Protective Services, and/or law enforcement;

e. State and federal confidentiality requirements; and,

f. Other topics determined by the SUA.

C. Services provided under the Elder Rights and Prevention of Elder Abuse, Neglect, and Exploitation Program shall be in addition to and shall not be used to supplant any funds that are or would be expended under any other federal, state, or local program.

D. Any information received by the SUA or its designee or the AAA that indicates suspected or actual elder abuse, neglect, or exploitation:

1. Should be reported to the Long-Term Care Ombudsman, Adult Protective Services described in 12 CCR 2518-1, any law enforcement agency, or a facility licensing or certification agency; and,

2. Shall remain confidential unless:

a. All parties to the complaint or report consent in writing to the release of such information as described at Section 10.206;

b. The release of such information is to make a referral to the Long-Term Care Ombudsman, Adult Protective Services, any law enforcement agency, or a facility licensing or certification agency;

c. Upon court order for good cause; or,

d. The SUA or its designee or the AAA shall make all reasonable efforts to resolve any conflicts with other public agencies with respect to confidentiality by entering into a Memorandum of Understanding or interagency agreement that narrowly limits disclosure of information consistent with confidentiality requirements of the agencies.

E. Involuntary or coerced participation of alleged victims, abusers, or members of their household in programs or activities related to prevention of elder abuse, neglect, or exploitation is prohibited.

F. The SUA or its designee and the AAAs shall use the state mandated data or reporting system(s) to:

1. Quantify the programs and activities conducted under the Elder Rights and Prevention of Elder Abuse, Neglect, and Exploitation Program; and,

2. Conduct analyses of regional and/or statewide information to:

a. Identify unmet needs in the areas of elder rights and prevention of elder abuse, neglect, and exploitation; and,

b. Provide technical assistance to programs that provide or have the potential to provide elder rights and prevention services for older adults and family members of victims.

12 CCR 2510-1-10.421

39 CR 01, January 10, 2016, effective 2/1/2016