SB 490 Modifies provisions relating to citizens most at risk for exploitation
Sponsor: Mayer
LR Number: 2051S.01I Fiscal Note: 2051-01
Committee: Seniors, Families and Public Health
Last Action: 4/3/2007 - SCS Voted Do Pass S Seniors, Families and Public Health Committee (2051S.03C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SCS/SB 490 - This act modifies various provisions regarding the protection of senior citizens, the disabled and children.

Under this act, the necessary statutory changes are made due to the transfer of the Division of Aging from the Department of Social Services to the Department of Health and Senior Services.

This act also modifies provisions relating to protections for elderly persons and the disabled receiving care for in-home services, adult day care, or personal care assistance.

This act modifies the provisions on the elder abuse and neglect awareness program to include information on financial exploitation of the elderly. SECTION 192.925

This act modifies the mandatory reporting and abuse and neglect provisions affecting elderly persons and the disabled receiving in-home care and adult-day care services to include personal care services. A new definition of "in-home services client" includes children in the Healthy Children and Youth (HCY) Program and "principal" of a facility to include a provider, officer, director, owner, partner or other person with primary management or supervisory responsibilities. SECTION 192.2150.1

Mandatory reporters must also now immediately report to the Department of Health and Senior Services if there is reasonable cause to believe that abuse or neglect occurred, that misappropriation of property or moneys of a patient, resident, in-home services client, or consumer or the falsification of any documents verifying service delivery of in-home services or consumer-directed services has occurred. SECTION 192.2150.2.

If a report is made by the patient's, in-home services client's or resident's physician, the department shall provide information regarding the progress of the investigation to the physician upon request. SECTION 192.2150.4

Upon receipt of a report that indicates an imminent danger to the health, safety, or welfare of a patient, resident, in-home services client or consumer or a substantial probability that death or serious physical injury will result, the department shall make a prompt and thorough investigation. The department shall initiate all other investigations as soon as practicable. Notification of an investigation and whether such report was substantiated shall also be made to the patient's, resident's, in-home services client's or consumer's legal representative as soon as possible. SECTION 192.2150.6

When information gained from an investigation indicates a crime has occurred, the department shall report such information to appropriate law enforcement authorities. SECTION 192.2150.7

This act requires the department to keep the names of individuals submitting abuse and falsification of document reports confidential unless the complainant agrees to the disclosure of his or her name, the Department of Health and Senior Services finds that disclosure is necessary to prevent further abuse, neglect or misappropriations of property or moneys, the name of the complainant is lawfully subpoenaed, the release of a name is required by the Administrative Hearing Commission, or the release of a name is requested by the Department of Social Services for the purpose of licensure under Chapter 210, RSMo. SECTION 192.2150.9

This act protects patients and patients' family members from eviction, harassment, or retaliation due to the filing of a report of a violation or suspected violation of the laws or regulations of this act. SECTION 192.2150.13

Any potential patient or new referral of the department shall be screened to ascertain if they are included on the Missouri sexual offender registry and the provider shall be notified if a sexual offender was identified. SECTION 192.2150.15

Any person who fails to make the required abuse, neglect, misappropriation, or falsification of documents report shall be guilty of a Class A misdemeanor. Any provider who knowingly conceals abuse or neglect that results in the death or serious injury of the patient shall be guilty of a Class D felony. In addition, any provider who willfully and knowingly fails to report known abuse by an employee may be subject to a one thousand dollar per abuse violation administrative penalty by the Department of Health and Senior Services. SECTION 192.2153

Any person who puts to his or her own use or the use of the provider or otherwise diverts from the in-home services client's use of any property or funds is guilty of a Class A misdemeanor. Any provider, principal in the operation of a provider or employee of a provider who knowingly conceals any act of abuse or neglect that results in death or serious physical injury is guilty of a Class D felony. SECTION 192.2153.2 and 3

This act provides that the department shall make available the employee disqualification list upon request to recognized schools of nursing or other health care professionals. Such information shall not be disclosed to unauthorized entities. SECTION 192.2175.11

This act extends the time a person can be listed on the employee disqualification list by one year if he or she is employed in a prohibited position while on the list. SECTION 192.2175.14

This act disqualifies individuals who are on the sexual offender registry from employment in long-term care facilities, hospitals, home health agencies, adult day care, in-home services providers, and consumer directed services. Also, this act modifies the provision on providers being guilty of a Class A misdemeanor for knowingly hiring or retaining employees who have been convicted of, found guilty of, or pled guilty to specified crimes to include violations of forgery and three or more instances of stealing. SECTIONS 192.2178.6

For any persons hired on or after August 28,2007, a provider shall not hire any person with a disqualifying criminal history unless such person has received a good cause waiver of the disqualifying criminal history. For any persons employed as of August 28, 2007, a provider shall not retain any person with a disqualifying criminal history unless such person has submitted a completed good cause waiver application prior to January 1, 2008. If the good cause waiver is denied, the provider shall not continue to retain such person after the provider is notified of the denial of the good cause waiver. This act adds licensed hospices to the list of employers who are required to obtain a background screening from the Family Care Safety Registry. SECTION 192.2178.6, 8, and 9

This act modifies the definition of "child care provider" to include in-home services providers currently under contract with the department of health and senior services. SECTION 210.900

Requires offenders who have pled guilty to or who are found guilty of a crime of violence against an elderly person to be sentenced to a term of imprisonment of at least 30 days with no eligibility for probation or parole during the first 30 days. SECTION 565.320

This act prohibits suspending imposition of or execution of sentence or imposing any fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty of elder abuse in the first or second degree; sexual offense in certain long-term care facilities; and financial exploitation of the elderly. SECTIONS 565.180 AND 182; 565.200; AND 570.145

This act also modifies the offense of misappropriation of funds of elderly nursing home residents. This act provides that it shall be evidence of misappropriating funds and failing to pay for the nursing home care of an elderly person if:

(1) The nursing home sends by certified mail, with confirmation receipt requested, notification of failure to pay nursing home expenses incurred by an elderly resident to the person who has legally assumed responsibility of managing the financial affairs of the elderly person and such person has the financial resources to pay for the nursing home expenses;

(2) The nursing home does not receive payment within thirty days of receipt of first notification and the nursing home sends by certified mail, with confirmation receipt requested, a second notification of failure to pay nursing home expenses;

(3) The nursing home does not receive payment within thirty days of receipt of second notification and the nursing home sends by certified mail, with confirmation receipt requested, a third and final notification of failure to pay nursing home expenses; and

(4) The nursing home does not receive payment within thirty days of receipt of third and final notification.

This act modifies various provisions regarding the protection of senior citizens, the disabled and children. SECTION 198.097

ADRIANE CROUSE