MEMORANDUM

DISCUSSION:

The purpose of this memorandum is to inform staff of new provisions in Section 570.145 RSMo Financial exploitation of the elderly and disabled, penalty--definitions. As of August 28, 2012,  the new provisions make it unlawful to fail to remit to a nursing facility the MO HealthNet eligible participant's money owed to the facility (their surplus), and allow the Family Support Division (FSD) to release, in limited circumstances, financial records of MO HealthNet for the Aged, Blind, and Disabled participants.

The FSD is authorized to release information from its records containing 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 of the elderly and disabled. The request should be made in writing. The financial records are the only information that can be released from the case record. The financial records may only be released to prosecuting or circuit attorneys; the records must not be released to other law enforcement.

Financial exploitation can take many forms such as forgery, misappropriation of cash or assets, abuse of joint accounts, or abuse of power of attorney. Financial exploitation of a vulnerable adult can occur:

• Without the elder or disabled person's knowledge;
• By trickery, intimidation, or coercion; or
• When the elder or disabled person is too confused to give informed consent.

The Department of Health and Senior Services (DHSS) launched a program called MOSAFE – Missourians Stopping Adult Financial Exploitation – to combat this problem.  If an eligibility specialist suspects 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.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

AC/dbh