This act changes the laws regarding infection control and specifies when incidents of ventilator-associated pneumonia must be included by the Department of Health and Senior Services in its quarterly infection incidence rate reports. SECTION 192.667

This provision is substantially similar to HB 1546 (2008).

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 192.2003

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 requires the Department of Health and Senior Services to establish a schedule of fees, not exceeding $3,000, to be paid by an applicant for an architectural plan review of construction documents for new construction and alterations of certain licensed health care facilities. The department will have authority to waive or reduce the fees using uniform guidelines. Subject to appropriations, the fees collected will be used to conduct the review. SECTION 197.101

This provision is identical to SB 2066 (2008).

Also, beginning January 1, 2009, the department shall require every licensed hospital to establish a methicillin-resistant staphylococcus aureus (MRSA) control program. The program shall establish procedures to isolate MRSA-infected patients or use alternative methods when private rooms are not available. In addition the program shall establish procedures to educate staff and to establish MRSA-infection control protocols. SECTION 197.150

This provision is similar to HCS/HB 1546 (2008).

This act also clarifies existing language regarding the installation of sprinkler systems in long-term care facilities. Facilities that have submitted a plan for compliance for the installation of a commercial sprinkler system are allowed to be eligible for a loan from the Department of Health and Senior Services.

Local fire protection districts or fire departments that are deemed qualified by the State Fire Marshal are allowed to conduct fire safety inspections of long-term care facilities for compliance with state statutes regarding installation of sprinkler systems. SECTIONS 198.074 and 198.075

This act adds as a covered service under the MO HealthNet program comprehensive day rehabilitation services. SECTION 208.152

This provision is identical to SB 972 (2008).

This act modifies provisions regarding the assistance provided to nursing home residents who transition back into their homes and in the community. Subject to appropriations, nursing home residents eligible for MO HealthNet benefits will receive a one-time transition grant up to $2,400, administered by the Division of Senior and Disability Services within the Department of Health and Senior Services. The funds shall be used on initial down payments, setup costs and other expenditures associated with moving a nursing home resident back into the community. The division will work with the Department of Social Services to generate additional private and federal funding for the transition grants. SECTION 208.819

This provision is similar to HB 1656 (2008).

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

This act modifies provisions regarding persons who can have access to child abuse and neglect investigation records. Current law states that investigation reports will not be released to any alleged perpetrator with pending criminal charges arising out of the facts and circumstances named in the investigation records until an indictment is returned or an information is filed. This act provides that such records may also be released one year after the Children's Division has notified in writing the prosecuting attorney. The prosecuting attorney may petition the circuit court of such jurisdiction to extend the one year period for good cause shown. SECTIONS 210.150 AND 210.152

This act requires the Children's Division within the Department of Social Services to make a good faith attempt to contact and place a child with a grandparent if the division deems the placement is in the best interest of the child when a child must be removed from his or her primary caretaker's home in the case of an emergency placement. Prior to contacting the grandparent, the division must care for any physical health needs of the child. The grandparent must comply with the emergency background check requirements. If contact with a grandparent cannot be made within three hours of the division determining an emergency placement is necessary, the child may be placed in a foster home. If placed in a foster home, the division must continue to attempt to contact the child's grandparents during the initial 24-hour period after an emergency placement was deemed necessary. When a court determines that a child must be placed in a foster home, the division must make a good faith attempt to contact the grandparents of the child to determine if they wish to be considered and given first consideration for foster home placement of the child. SECTIONS 210.305 AND 210.565

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 SCS/SB 1258(2008).

ADRIANE CROUSE