- Introduced -

SB 598 - This act modifies the reporting and investigation of abuse and neglect of in-home services clients. Currently, Section 660.300 requires that reports of abuse or neglect be made to the Department of Social Services. New language provides that upon receipt of a report, the Department must notify the Office of the Medical Director (Director), created in Section 660.670, if the report involves an in-home services client. The Director must then initiate an investigation within twenty-four hours of receiving a report. The Director may also remove an in-home services client from his or her home if immediate action is necessary to avoid further abuse or neglect. If a complaint is made by the client's physician, then the Director's office must maintain contact with that physician regarding the progress of the investigation.

Current language punishes any person who abuses or neglects an in-home services client with a Class D felony. New language also subjects providers to administrative penalties of $1000 per violation. Upon a court's finding of three or more employee violations, the Department may terminate its contract with the provider. The provider will have the right to administrative review and the right to appeal to the circuit court for a trial de novo.

A new Section 660.670 establishes the Office of the Medical Director for In-Home Services Clients. The Director must be a licensed physician and will be responsible for ensuring the adequacy of care received by in-home services clients. The Director may enter client homes at reasonable times and with client permission to ensure the provider and in-home services employees are providing the proper care.

The Director, the Department, and a physician who is contracted with the provider to provide evaluation and care on an as-needed basis are required to evaluate each client. Based on the client's needs, the group must specify the number of random visits that will be made by a registered nurse who is contracted with the provider. Clients may also request visits from the Director. The Director is allowed to recommend changes in the law or rules and the Department will determine the qualifications and training required of in-home services coordinators and caseworkers. Finally, the Director is required to prepare and distribute to all providers, in-home services employees, clients, and client families written notices with the Director's office phone number and the procedure for filing complaints.

A new Section 660.673 waives the Division of Aging's sovereign immunity from liability and negligence damages in cases where injuries have arisen out of the care provided to in-home services clients by the Division. Immunity is waived when injuries are the direct result of the negligent selection, inspection, supervision, or control over in-home services employees or providers, including independent contractors.

This act is substantially similar to portions of SB 959, HB 1615.

ERIN MOTLEY