CHAPTER 15 ELDER ABUSE PREVENTION AND AWARENESS[Prior to 1/27/10, see Elder Affairs Department Ch 15][Prior to 2/24/10, see also 17—Ch 12]1715.1(231) Purpose. This chapter establishes the elder abuse prevention initiative as a method of providing prevention, intervention, detection, and reporting of abuse, neglect, and exploitation of older individuals and of providing service options for at-risk older adults. This chapter also establishes criteria for certifying trainers to provide dependent adult abuse mandatory reporter training.Related ARC(s): 8553B1715.2(231) Definitions. Words and phrases used in this chapter are as defined in 17 IAC 1 unless the context of the rule indicates otherwise. The following definitions also apply to this chapter:
"Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or the deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness in an older individual.
"Adequate food, shelter, clothing, or other care" means food, shelter, clothing, or other care which, if not provided, would constitute denial of critical care.
"Assessment" means a document designated by the department to be completed by a contractor to determine service needs and address the safety of the client.
"Assessment intake" means the process by which a contractor receives and records reports of suspected elder abuse.
"At-risk older individual" "client" means a person aged 60 or older who is at risk for or experiencing abuse, neglect, self-neglect, or exploitation.
"Caregiver" means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law. “Caregiver” also means a family member or other individual who provides compensated or uncompensated care to an older individual.
"Case" means a referral of suspected elder abuse that has been accepted for assessment and services.
"Contractor" means the contract recipient.
"Coordinator" means the contractor’s designee who is responsible for coordinating elder abuse prevention initiative services and who is the central point of contact for case files, subcontractors, and care providers.
"Department" means the department on aging.
"Elder abuse" means abuse of an older individual and may consist of abuse, neglect, self-neglect, or exploitation.
"Exploitation" means an individual’s, including a caregiver’s or legal representative’s, use of the resources of an older individual for monetary or personal benefit, profit, or gain that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings, or assets.
"Immediate danger to health and safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention.
"Legal representative" means a person appointed by the court to act on behalf of a client.
"Mandatory reporter" means a person defined in Iowa Code section 235B.3(2).
"Neglect" means the failure of a caregiver or legal representative to provide the goods or service necessary to maintain the health or safety of an older individual.
"Older individual" means a person aged 60 or older.
"Physical harm" means bodily injury, impairment, or disease.
"Purchase of service form" means the mechanism used to document and request approval for the purchase of a specific service on behalf of a client.
"Referral" means any information received by a contractor from any source that identifies an individual aged 60 or older as experiencing, or at risk of, abuse, neglect, or exploitation.
"Self-neglect" means an older individual’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks, including obtaining essential food, clothing, shelter, and medical care; obtaining goods and services necessary to maintain physical health, mental health, or general safety; or managing one’s own financial affairs.
"Service provider" means a provider receiving funds from a contractor.Related ARC(s): 8553B1715.3(231) Project administration. In any year in which funds are available for the elder abuse prevention initiative, the department shall contract with local agencies or organizations to administer available funds and to study and evaluate community-based projects and educational programs for the prevention of elder abuse. The contractors shall utilize the funds to provide community-based services for older individuals who have been the subject of suspected elder abuse or for the provision of educational programs to raise awareness about elder abuse. Agencies or organizations that receive elder abuse prevention initiative funds shall submit a proposal to the department one month prior to the commencement of the fiscal year. Proposals shall contain the following:
- Project summary, including issues the project will address;
- Projection of the number of older individuals to be served;
- Description of services to be provided;
- Description of community support for the project;
- Designation of evaluation and audit mechanisms;
- Project budget; and
- Evaluation plan.
- A contractor shall determine that the client is not eligible to receive services under another funding source prior to authorizing the use of elder abuse prevention initiative funds and shall document this in the assessment.
- Services funded shall reduce or eliminate abuse, neglect, self-neglect, exploitation, or risk of the same.
- The funds shall be utilized for one-time expenditures but may be used for ongoing or monthly expenditures if no other funding source is available and the client would otherwise remain in an abusive situation.
- Services are no longer needed or do not benefit the client;
- The client moves out of state or outside the service area;
- The client moves into a nursing facility as defined in Iowa Code section 135C.1(13);
- The client or the client’s legal representative requests termination of services;
- The client is unwilling or unable to meet the terms in the intervention plan;
- The client’s legal representative refuses to provide information needed for the development of an intervention plan; or
- There is risk of harm to the contractor or service provider.
- Uses an official position for private gain (other than salary);
- Gives preferential treatment to any contractor, entity, or individual or fails to act impartially in the conduct of official duties;
- Impedes or adversely affects governmental efficiency or economy;
- Engages in conduct that could adversely affect the confidence of the public in the integrity of the elder abuse prevention initiative;
- Creates circumstances where it might reasonably be perceived that a contractor’s, an entity’s, or an individual’s judgment could be influenced by the nature of the circumstances; or
- Has a client that is related to the contractor, entity, or individual within the third degree of consanguinity.