SB 89 Modifies provisions relating to public safety
Sponsor: Stouffer
LR Number: 0448L.10C Fiscal Note: 0448-10
Committee: Health, Mental Health, Seniors and Families
Last Action: 5/15/2009 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SS SCS SB 89 Calendar Position:
Effective Date: August 28, 2009
House Handler: Wasson

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Current Bill Summary


HCS/SS/SCS/SB 89 - This act modifies provisions relating to public safety.

RESIDENTIAL FIRE SPRINKLERS

Builders of single family dwellings or residences or multi-unit dwellings of four or fewer units are required to offer purchasers the option to install fire sprinklers. This provision will expire August 28, 2011. SECTION 67.281

This provision is similar to a provision in SS/HB 103 (2009) and HCS/SB 386 (2009).

FINANCIAL EXPLOITATION OF THE ELDERLY

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

This provision is identical to a provision in HB 926 (2009).

DIVISION OF AGING

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 THRU 192.2253

This provision is identical to a provision in HB 926 (2009).

PROTECTION FOR VULNERABLE PERSONS

The definition of "protective services" is modified to mean a service provided by the state or other governmental or private organizations or individual to ensure the safety and well-being of an elderly person or an adult with disabilities who is in danger of being mistreated or neglected and unable to take care of or protect himself or herself from harm. 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

Any health care service provider, health service vendor employee, personal care attendant, or any person having reasonable cause to believe that a patient or consumer has been a victim of misappropriation of a patient's money or property or has falsified documents verifying delivery of health care services to report the information to the Department of Health and Senior Services within 24 hours of discovering the act. SECTION 192.2150.2 AND 192.2150.2

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. 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

The Department of Health and Senior Services is required to add persons who have falsified documents verifying service delivery to an in-home services consumer or have misappropriated property or moneys belonging to these consumers to the employee disqualification list for employees of any provider or consumer. SECTION 192.2150.12

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

This act specifies that any person failing to file a required report within the time guidelines and any person or provider who misuses or diverts an in-home services consumer's use of any personal property or money or falsifies service delivery documents will be guilty of a class A misdemeanor. Any provider or employee who knowingly conceals abuse or neglect that results in the death or serious injury of a patient will be guilty of a class D felony. SECTIONS 192.2153.1 TO 192.2153.3

The department is authorized to assess a $1,000 fine on any provider of in-home services who willfully and knowingly fails to report known abuse by an employee. Any provider may seek a review of a department's decision by the Administrative Hearing Commission which may be appealed to the circuit court in the county where the violation occurred. SECTION 192.2153.4

Any person or entity providing in-home services who unlawfully discloses information from the employee disqualification list will be guilty of an infraction and upon request from the Division of Employment Security within the Department of Labor and Industrial Relations, the Department of Social Services must provide copies of employee investigation reports of individuals on the list. Persons on the list cannot be paid from public moneys for personal care assistant services. SECTIONS 192.2175.11 AND 192.2175.12

An applicant for a position to have contact with patients, in-home services, clients, consumers or residents who knowingly fails to disclose his or her criminal history as required under the act is guilty of a class A misdemeanor and a provider is guilty of a class A misdemeanor if the provider knowingly hires such person. For any persons hired on or after August 28,2009, 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. SECTION 192.2178.8

For any person hired on or after August 28, 2009, a provider is guilty of a class A misdemeanor if the provider knowingly hires or retains any person who is a registered sex offender and whose name appears on the sexual offender registry, or who has been convicted of an offense in this state or for an offense from another jurisdiction which if committed in this state, would require registry as a sexual offender. SECTION 192.2178.9

These provisions is substantially similar to HB 926 (2009).

FIRE SAFETY STANDARDS

This act specifies that any section of a facility in which a major renovation has been completed on or after August 28, 2007, shall install and maintain an approved sprinkler system in accordance with National Fire Protection Association (NFPA) 13. The act also specifies when the requirements for sprinklers shall be NFPA 13R (residential) or NFPA 13 (commercial). This act removes a fire sprinkler exemption for skilled nursing and intermediate care facilities that pertains to the Chapter 33 of existing residential board and care occupancies of NFPA life safety code.

A substantial step for obtaining a loan from the Fire Safety Standards Loan Fund shall be as specified for certain residential care and assisted living facilities and all skilled nursing and intermediate care facilities. The Department of Health and Senior Services is allowed to conduct fire safety inspections of skilled nursing or intermediate care facilities for compliance with state statutes regarding the installation of the sprinkler system.

The Fire Safety Standards Loan Fund was modified to provide that the loans may be for implementing the sprinkler requirements for certain qualifying residential care and assisted living facilities and all types of qualifying skilled nursing and intermediate care facilities. The loan fund shall be administered by the Office of Administration rather than the Department of Health and Senior Services as in current law.

This act removes the requirement that the interconnected smoke detectors be in place throughout the facility and the requirement for inspections to be conducted annually by the state fire marshal or local fire protection districts. SECTIONS 198.074 and 198.075

These provisions are substantially similar to provisions in SS/SCS/HB 395 (2009).

BONDS FOR LONG-TERM CARE RESIDENT'S PROPERTY IN TRUST

This act modifies the current provision in law regarding a bond required for holding a resident's property in trust by specifying that the bond shall be obtained and filed with the department for the preceding twelve months rather than for the preceding calendar year. SECTION 198.096

This provision is identical to a provision in SS/SCS/HB 395 (2009).

CRIMINAL BACKGROUND CHECKS

Any licensed long-term care facility may request criminal background checks of a resident in a facility.

This provision is identical to a provision in SS/SCS/HB 395 (2009). SECTION 198.187

INSPECTORS AND SURVEYORS

Under this act, the Department of Health and Senior Services shall not assign an individual to inspect or survey a long-term care facility in which the surveyor was an employee of such facility within the preceding two years.

The department shall require disclosure statements by newly hired and currently employed inspectors and surveyors of long-term care facilities regarding his or her past employment in long-term care facilities and the current or past employment of immediate family members in long-term care facilities.

Any person may notify the department if facts exist that would lead a reasonable person to conclude that any inspector or surveyor has any personal or business affiliation that would result in a conflict of interest in conducting an inspection or survey of a facility. Upon receiving that notice, the department, when assigning an inspector or surveyor to inspect or survey a facility, for any purpose, shall take steps to verify the information , and if the department has probable cause to believe that it is correct, shall not assign the inspector or surveyor to the facility in order to avoid an appearance of prejudice or favor to the facility or bias on the part of the inspector or surveyor. SECTION 198.525

This provision is identical to a provision in SS/SCS/HB 395 (2009).

DISPUTE RESOLUTION PROCESS

This act enacts the Missouri Informal Dispute Resolution Act, requiring the Department of Health and Senior Services to contract with the federally designated Medicare Quality Improvement Organization in the state to conduct informal dispute resolutions (IDR)for licensed long-term care facilities. The IDR process shall constitute an informal administrative process but cannot be a formal evidentiary hearing and must be used to determine if a cited deficiency of a facility should be upheld. Use of the IDR process under the act shall not waive the facility's right to pursue further or additional legal actions. The details and timeline for the IDR process are included in the act. SECTIONS 198.527 AND 198.545

These provisions are identical to provisions in HCS/HB 966 (2009) and SS/SCS/HB 395 (2009).

NURSING HOME TRANSITION GRANTS

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.

The Department of Health and Senior Services and the Department of Mental Health shall work in cooperation to develop community-based services for persons who are moving out of nursing homes and back into their communities and promulgate rules as needed.

This provision is identical to a provision in SS/SCS/HB 395 (2009). SECTION 208.819

PERSONAL CARE ASSISTANCE

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 208.909.4

This provision is identical to a provision in HB 926 (2009).

FAMILY CARE SAFETY REGISTRY

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 provision is identical to a provision in HB 926 (2009).

ELDER ABUSE

This act requires any person responsible for the care of a person sixty years of age or older 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 provision is identical to a provision in HB 926 (2009).

IDENTITY THEFT

Any person who commits the offense of identity theft against an elderly or disabled person can be fined up to one and one-half times the maximum fine, imprisoned for up to one and one-half times the maximum term, or both. SECTION 570.223.3

This provision is identical to a provision in HB 926 (2009).

ELEVATOR SAFETY BOARD

The Elevator Safety Board is given the power to adopt a code of rules and regulations governing licenses of elevator mechanics and elevator contractors. SECTION 701.355

This provision is similar to a provision in SS/HB 103 (2009) and HCS/SB 386 (2009) and HCS/HB 707 (2009).

ADRIANE CROUSE