Department of Health & Human Services Announces Final Rule for Adult Protective Services

Last week, the U.S. Department of Health and Human Services announced a final rule on federal Adult Protective Services (APS) guidelines, which seek to address the needs of adults facing or vulnerable to maltreatment and self-neglect more effectively. These programs often work closely with home care providers to help older adults live independently in their communities.

The new regulations take effect on June 7, 2024, and include the following initiatives:

• Establishes national minimum standards for operating APS programs that all state APS systems must meet.
• Requires APS systems to ensure that planning and delivery of all services respect the fundamental right of adults to make their own life choices.
• Establishes stronger protections for clients subject to, or at risk of, guardianship.
• Requires response within 24 hours of screening to cases that are life-threatening or likely to cause irreparable harm or significant loss of income, assets, or resources.
• Requires APS to provide at least two ways – at least one online – to report maltreatment or self-neglect 24 hours per day, seven days per week.
• Requires robust conflict of interest policies to support ethical APS practice.
• Establishes definitions for key APS terms to improve information sharing, data collection, and program standardization.
• Promotes coordination and collaboration with state Medicaid agencies, long-term care ombudsmen, tribal APS, law enforcement, and other partners.

Click here for a press release with more information on the final rule.