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Financial Exploitation and Long Term Care

Jan 20 2020

Last week the LTC news was abuzz with the story of a Florida woman accused of misappropriating more than $45,000 dollars of her elderly mother’s Social Security and Veterans benefits.

Unfortunately, this is something that we encounter more often than we would like in the LTC industry.  We want to take this opportunity to remind our clients that when faced with suspected misuse of a resident’s social security or other government benefits, there are procedural steps that a provider can take to help protect the resident.

  • Talk to the resident about the suspected financial abuse and see if the resident is able/willing to take action, such as filing a police report.  While this may be a difficult conversation to have, it can prove to be very worthwhile in protecting a resident’s assets and ensuring their access to the highest quality of care.

 

  • Report suspected financial abuse to Adult Protective Services (APS).  APS will take the necessary steps to investigate cases of exploitation on behalf of the resident.  For more information about what APS can offer the National Adult Protective Services Association can serve as a valuable resource.

 

  • Alert the Social Security Administration to the suspected financial abuse.  If you believe that the Representative Payee has misused the benefits being issued for the beneficiary you can contact the OIG Fraud hotline to report allegations of fraud, waste, and abuse concerning SSA programs and operations.

 

  • Consider taking legal action against the bad acting party.  At this stage it is best to take careful stock and consideration of cost-benefit analysis.  If you have questions about whether or not litigation is the best course of action reach out to us – we would be happy to work with you and strategize the best next steps.

 

  • Investigate your state’s Medicaid regulations if the resident is a Medicaid recipient.  Some states have specific statutes that authorize legal action against a bad actor who failing to remit the resident’s patient liability toward the cost of their care.

Written by Stotler Hayes · Categorized: General Updates, Medicaid

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

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