SCS/HCS/HB 400 - This act changes Missouri's home health care laws.

Home care services include, but are not limited to the following services provided at a client's residence: Medicare certified home health programs, and intermittent and nonintermittent skilled care programs, which may include nursing, physical therapy, speech-language pathology services, occupational therapy, and home care aide, if the aide services are provided by a home care company that also provides the same programs.

Plans of care describing items and services to be provided shall not exceed 6 months in duration when physician orders are required.

The Department of Health (DOH) shall approve renewal of a home care company license annually if the company meets certain requirements: a license fee accompanies the application; the home care company complies with certain requirements including the results of a survey inspection, compliance with a recognized accreditation organization, or other means determined by DOH within ninety days prior to renewal; and a statement of any changes in information previously provided.

Licenses shall clearly indicate the types of home care that the home care company is licensed to provide and shall be posted in a conspicuous place.

DOH may conduct an inspection depending on information received with the application and any history of complaints filed with DOH within the last year. When a home care company is licensed, monitored or surveyed by other divisions or departments of state government, the annual, routine inspections shall be coordinated to the extent possible.

Complaints against a home care company may be registered in writing or verbally with DOH. Any complaint relating to abuse, neglect or exploitation under Section 198.070, RSMo, shall be reported in accordance with that section.

DOH shall have access to certain criminal conviction records involving an owner or manager of a home care company who applies for or renews a home care license, when the convicted offense is reasonably related to qualification, functions or duties of an owner or manager of a home care company. DOH may deny, suspend or revoke the license of any company whose owners or managers have been convicted of such an offense.

Licensing provisions under this act shall not apply to: (1) individuals who provides home care services if the individual is not employed by a home care company; (2) home care companies organized by and for adherents of any recognized church or religious denomination; (3) hospitals providing outreach service coordination programs; (4) local county health units related to any in-home case finding, outreach or services coordination program under the jurisdiction of DOH; (5) visits made under DOH contract or guidelines relating to communicable disease follow-up and maternal and child health clinic activities; or (6) Pharmacists or pharmacies or their employees providing medication and related administration services.

Funds received by DOH under the licensing provisions of this act shall be deposited in the state treasury to the credit of general revenue and are not refundable.

SCS/SB 572 and HCS/HB 1077 of 1994 made more extensive changes to home health care law than this act.

This act is nearly identical to SB 389 of 1995.
MARGARET TOALSON