HS/HB 349 - This act makes a number of changes designed to protect the elderly.

ELDER ABUSE - The act consolidates in one place existing laws that protect the elderly in nursing homes, (Chapter 198, RSMo) those receiving home based care and those in the care of Medicaid facilities (Chapter 660, RSMo) . All reports of elder abuse must be investigated and suspected cases must be reported to the appropriate law enforcement agency. Suspected cases of misappropriation of funds of an elderly person, whether or not residing in a nursing facility, shall be reported to the Department of Social Services. Persons who are required to report abuse must do so unless protected by attorney client privilege (Section 660.030, RSMo). Medicaid participation agreements with in-home providers shall include a requirement that personnel providing those services are trained in recognizing abuse and neglect. Medicaid participation agreements with long-term care facilities shall require the facility to grant access to the ombudsman (Section 660.252, RSMo).

MEDICAID FRAUD - The Attorney General currently has the authority to investigate medicaid fraud. This act allows the Attorney General to obtain investigative subpoenas, and authorizes the Attorney General to investigate the misappropriation of an elderly person's funds if such misappropriation includes medicaid funds.

NURSING HOMES - When the Division of Aging finds a violation in a nursing home that is directly related to patient care, the Division may require corrective measures, including measures relating to staffing and staff qualifications. Residential care facilities I and II shall post notices of deficiencies as required by federal law. The Department may revoke a license when a facility has violated the same class I standard twice within 2 years, or has violated a class II or III standard twice within a year. An employee of the Division who reveals an unannounced inspection to the facility to be inspected, shall be subject to immediate dismissal and is guilty of a Class A misdemeanor.

PUBLIC ASSISTANCE - Those with current assets of $3,000 (single) or $5,000 (married) will be eligible for Medicaid. The Department shall apply to the Department of Health and Human Services for a waiver or an amendment to current waivers to increase the asset limit. The Division of Medical Services shall pay nursing home operators for newly admitted Medicaid patients within 45 days of admission.

REGIONAL ASSESSMENT CENTERS - The act adds two regional assessment centers for a total of 12. The new centers are the Southeast Missouri Network Against Sexual Violence and the Lakes Area Child Advocacy Center. These centers assist the Department of Social Services in providing services to neglected children and families in conflict.

CHILD CARE - Current law will not permit a person to become a home child care provider paid by public funds if any person in the home has been convicted of specific crimes. This act adds misdemeanor sexual offenses, stalking, prostitution, robbery, arson or misuse of a firearm.

FAMILY CARE SAFETY ACT - This act is expanded to protect the disabled, in addition to children and the elderly. The registry is expanded to include information on personal care workers. After January 1, 2003, those who have financially exploited the elderly or disabled will be listed on the registry.

OTHER - Statements made by an elderly person will be admissible if the person is unavailable to testify and the court determines that there is reason to find the statement reliable. Sexual contact with patients in long term care facilities and patients receiving in-home care is criminal conduct if one of the partners is an owner or employee. (Similar to HB 533, 2001) The Director of the Department of Social Services is authorized to contract with any federal qualified health center to provide care to needy Missourians. (Similar to SB 99, 2001)

DIVISION OF AGING - The Division shall provide information on its web site pertaining to surveys of long-term care facilities and links to federal sites where similar surveys are reported. The Division shall prepare a publication that identifies companies and organizations that provide services to the elderly in every region of the state. The Division shall allow adult day care without requiring rehabilitative services.

OMBUDSMAN - The Lt. Governor, rather than Area Agencies on Aging, will appoint ombudsmen for long-term care facilities. A five member long-term care ombudsman advisory commission is created. The Commission shall oversee the transfer of the program to the office of the Lieutenant Governor and will assist the Lt. Governor with policy issues.

MISCELLANEOUS - Any applicant for public assistance benefits who prevails may petition the court for attorney fees (Section 1). The departments of Mental Health and Social Services shall report to the General Assembly by January 1, 2002, regarding the consolidation of their disqualification lists (Section 2). Long- term care facilities shall not be more than 120 days delinquent in the payment to vendors for essential service.
ERIN MOTLEY