SB 1258 Modifies provisions relating to protections for senior citizens, disabled persons, and children
Sponsor: Goodman
LR Number: 5322S.01I Fiscal Note: 5322-01
Committee: Seniors, Families and Public Health
Last Action: 4/15/2008 - SCS Voted Do Pass S Seniors, Families and Public Health Committee (5322S.02C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SCS/SB 1258 - This act modifies provisions relating to protections for elderly persons and the disabled receiving care for in-home services, adult day care, or personal care assistance.

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. SECTION 192.2000

The provisions on the elder abuse and neglect awareness program are modified to include information on financial exploitation of the elderly. SECTION 192.925

The definition of "protective services" is modified to mean a service provided by the state or other governmental or private organizations or individuals which are necessary for the eligible adult to meet his or her essential human needs. SECTION 2003

Immunity from civil and criminal liability is granted for any person making a report of abuse or neglect to the Department of Health and Senior Services unless the person acts negligently, recklessly, in bad faith, or with malicious purpose. SECTIONS 192.2103.5 AND 192.2150.11

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, consumer's or resident's physician, the department shall provide information regarding the progress of the investigation to the physician upon request. The investigation report shall also include information on the alleged perpetrator or perpetrators, if known. 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 consumer or in-home services client whose services are funded by MO HealthNet shall be screened to determine 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

For any persons hired on or after August 28,2008, 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, 2008, a provider shall request a criminal background check by January 1, 2009, and shall not knowingly retain any such person with a disqualifying criminal history after March 1, 2009, unless such person has submitted a completed good cause waiver application prior to January 1, 2009. 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. For any persons hired on or after August, 28, 2008, a provider is not guilty of a class A misdemeanor if the provider knowingly hires or retains any person who is a registered sex offender or who has been convicted of an offense which would require such registry. SECTION 192.2178.8 and 9

This act prohibits any state or federal funding for personal care assistance services if the attendant is on the employee disqualification list; is a registered sexual offender; or has a disqualifying criminal history, unless a good cause waiver is obtained. SECTION 208.904.4

The definition of "child care provider" is modified to include in-home services providers currently under contract with the department of health and senior services. In addition a definition for "related personal care" is added as care provided for a person with a physical or medical disability by an adult relative as it relates to the Family Care Safety Act. SECTION 210.900

This act requires any person responsible for the care of a person sixty years of age or older or certain eligible adult, who has cause to suspect that the person has been abused, neglected, or financially exploited by a person, firm, or corporation to make a report to the Department of Health and Senior Services SECTION 565.188.1

This act is substantially similar to HCS/HB 1516 (2008).

ADRIANE CROUSE