Abuse, Neglect & Exploitation: Reporting When Perpetrator is a P


[2473] Abuse, Neglect & Exploitation (ANE): Handling the Reporting of ANE When the Perpetrator is a Professional

Summary: How to handle the difficult and complex issue of ANE perpetrated by one of your professional staff.

HCSSA Topic(s) Addressed:

  • §97.259[d][4]agency responsibilities
  • §97.260[a][2]development and interpretation of agency policies
  • §97.260[a][3]basic principles of management in a licensed health-related setting
  • §97.260[a][4]ethics
  • §97.260[a][6]risk assessment and management

Faculty: Brooks, Troy & Dalrymple, Kenda

Program Description: Most home health and hospice providers in Texas know how to handle reporting of Abuse, Neglect and Exploitation (ANE) when the perpetrator is an unlicensed person.

However, when the suspected perpetrator is a licensed professional a new layer is added to your stack of responsibilities. From nurses found sleeping on the job, therapists falsifying visits, and staff diverting medications...and we’re not talking about ibuprofen...these two attorneys share their observations and insights from their years of experience on how to best handle these situations.

Program Objectives: Upon completion of this program, the viewer will be able to:

  • Identify a professional board to which an agency may elect to report suspected ANE
  • Describe one scenario in which alleged ANE would be reported to DADS, but not to a professional Board
  • Demonstrate how a home health or hospice may incur civil liability for negligent hiring
  • Compare regulatory bodies other than DADS or professional licensing bodies to which exploitation may be reported
  • Select at least one step to take after an investigation of confirmed ANE

About the Presenters:
Troy Brooks, JD,
is a former Assistant General Counsel for the Texas Department of Human Services, and has worked extensively with the Home and Community Support Services Agencies Program. Troy now represents home health agencies across Texas in Medicare and Medicaid disputes with government agencies and their contractors. He also represents home health agencies in negotiating and responding to government fraud investigations. Troy runs his own law firm, Brooks Acevedo Attorney at Law in Houston, Texas.

Kenda Dalrymple, JD is a Partner in the firm of Carls, McDonald & Dalrymple, L.L.P. She received her law degree from Baylor University School of Law and practices in the areas of administrative law and health law, including related hearings and litigation. The special emphasis of her practice is representing licensed professionals in licensing and complaint cases before various licensing and regulatory boards; defending individual health care practitioners in hospital-based peer review proceedings; and defending and advising corporate and individual health care providers in administrative and transactional matters related to their practice. Mrs. Dalrymple frequently speaks before professional organizations and industry groups regarding administrative and health care issues, including HIPAA compliance and Confidentiality of Medical and Mental Health Records.

Education-Training Credits:

  • 1.50 Hr(s) HCSSA Administrator/Alternate

[2473] Abuse, Neglect & Exploitation (ANE): Handling the Reporting of ANE When the Perpetrator is a Professional

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