0130.005.00 CONFIDENTIALITY

0130.005.05.24 Release of Records in Cases of Financial Exploitation of the Elderly

IM-#124 August 16, 2019,  IM-#78 August 29, 2012

Section 570.145 RSMo, discusses the financial exploitation of elderly and disabled individuals and implements the following provisions for their protection:

  • Defines financial exploitation
  • Makes it unlawful to fail to pay to a nursing facility the MO HealthNet eligible participant’s money owed to the facility (his/her surplus),
  • Allows the Family Support Division (FSD) to release, in limited circumstances, financial records of MO HealthNet for the Aged, Blind, and Disabled (MHABD) participants. See 030.60 REFERRAL FOR FINANCIAL EXPLOITATION for more information on MHABD participants.

FSD is allowed to release records regarding the income or assets of a resident of a licensed nursing facility to:

  • Prosecuting or circuit attorneys who are investigating or prosecuting an offense of financial exploitation against an elderly or disabled person must:
    • Make the request in writing.
    • Only receive information in financial records.

NOTE: Do not release records regarding the income and assets of a nursing facility resident to other law enforcement.

  • Department of Health and Senior Services (DHSS) staff who are assisting in a financial exploitation investigation must:
    • Make the request in writing.
    • Explain what information is needed by DHSS and why they need it.
    • State who will be receiving the information.
    • State that the information will only be used to further DHSS’s duties under federal and state law.

To combat the financial exploitation of elderly and disabled individuals, DHSS launched the Missourians Stopping Adult Financial Exploitation (MOSAFE) program.  If staff suspect an elderly or disabled participant is being exploited financially, contact DHSS at the toll-free Elder Abuse and Neglect Hotline at 1-800-392-0210.