Adult Protective Services

Handbook Revision, April 2016

This revision of the Adult Protective Services In-Home Handbook was published on April 1, 2016. Summaries of new or revised items are provided below.

FY 16 Release 2 for APS In-Home (PATS 8972)

APS In-Home is releasing policy revisions two times a year and this will be the second release for FY 2016. The release contains edits to the APS In-Home handbook. The changes are generally small and designed to provide clarification in each of these areas in order to address requests from external stakeholders and field staff.

Summary of Changes

This revision clarifies:

  •  the names of Medicaid waivers, including STAR+PLUS and the DADS 1915(c) waivers;

  •  that a relationship that is strictly online is not within APS jurisdiction to investigate. However, APS may still investigate self-neglect, if appropriate;

  •  that APS In-Home will investigate HCSSA employees when their services are not paid for through Medicaid; and

  •  that the APS specialist sends a copy of the nursing home’s license to the regional contracts mailbox at the same time as sending the signed POPS form.

Policy changes include the following:

  •  APS Provider Investigations will investigate persons receiving services through the Consumer Directed Services (CDS) option.

  •  Changes in jurisdiction between APS In-Home and APS Provider Investigations regarding investigations of HCSSA employees involving STAR+PLUS and DADS 1915(c) Medicaid waivers.

  •  APS In-Home, in rare circumstances, may provide emergency services to children residing in an HCS home.

  •  When an In-Home specialist inadvertently conducts an investigation that’s under Provider Investigations jurisdiction, the specialist will consult the Provider supervisor and provide him or her with a copy of the investigation to give to the appropriate entities.

  •  Changes in In-Home and Provider Investigations jurisdiction are reflected in updates to Appendix II: Facilities and Jurisdiction.

  •  VA Medical Foster Care Homes are not required to be licensed.

  •  The 30 photo limit for uploading to IMPACT has been removed.

  •  An alleged victim with a guardian can now be investigated for self-neglect when there is a limited guardianship in which the victim retained capacity to make some decisions, and the alleged neglect is related to those decisions.

  •  Procedures for purchasing bus and airline tickets for clients to reflect the eTravel system have been updated.

Affected Items:

1311 Substantial Impairment

1331 Perpetrators of Abuse and Financial Exploitation

1331.3 Examples of What Is Not an Ongoing Relationship

1332.1 Procedure for Establishing Perpetrators of Neglect

1332.2 Examples of Caretaker and Paid Caretaker Relationships

1430 Assessing Allegations in Settings Investigated by APS Provider Facilities Investigations

1431 Procedure for Assessing Allegations Involving State Services for Mental Health and Intellectual Disabilities

1432 Home and Community Based Services (HCS) and Texas Home Living (TxHmL) Investigations Allegations

1541.2 Procedure for Determining Whether an Assisted Living Facility Is Licensed or Should Be Licensed by DADS Regulatory Services

1541.21 Procedure for When a Facility’s Licensure Status Is Unknown

1561 Allegations in Hospitals

2351 Procedure for Taking Photographs

2352 Documentation for Photographs

2652 Alleged Perpetrator Role for Allegations of Neglect Involving Wards

2662.1 Circumstances That Require an APS Provider Facility Investigation

2662.2 Circumstances That Require an APS In-Home Investigation

2663 Procedure for Providing Emergency Protective Services During an APS Provider Facility Investigation

2680 Allegations Involving Paid Caretakers

2681 Procedure for Allegations Involving Paid Caretakers

2710 Allegation Disposition

2921.13 Does Not Meet Definition of APS

3627.1 Providing Emergency Protective Purchased Client Services in Home- and Community-Bbased Services (HCS) Programs

3634 Approvals for Purchased Client Services

3721 Procedures for Submitting a POPS to Contract With a Nursing Home

3761 Procedure for Travel Purchases

4782.1 Procedure for Assessing Appropriateness of Standard Referrals to DADS Guardianship Services

5111 Individuals and Entities Entitled to the Case Record

5111.2 Release of APS In-Home Case Records to Facilities or Providers Under APS Provider Investigations Facility Jurisdiction

5112 Release of APS Case Records to Law Enforcement Agencies and Prosecuting Attorneys

Appendix II: Facilities and Jurisdictions

Appendix VIII: Definitions of Person Characteristics