- Introduced -

SB 959 - This act modifies the reporting of elder abuse and neglect and the delivery of in-home services for the elderly.

Section 187.020 outlines the reporting and investigation of abuse and neglect of in-home services clients. New language mandates reporting by in-home services providers and employees and volunteers of area agencies on aging (AAA) or organized AAA programs. The Department of Social Services must maintain contact with any physician reporting abuse. In-home services providers may also report non-compliant clients.

The Department is required to create an Interdisciplinary Case Management Team to assist case managers, providers, and the Department through consultation and intervention into certain cases. The Team shall review all reports of non-compliant clients for evaluation or re-assessment of the services provided to them. The Department will determine membership on the Team by rule.

Local area agencies on aging must provide volunteer training to all mandatory reporters, if requested, regarding the detection and report of elder abuse.

Alleged abuses must be investigated within 24 hours or immediately in cases of clear danger to the client. A provider may enter the home of a client, with the client's permission at reasonable, but random times to ensure the proper provision of services.

The Department is required to establish a categorization procedure for its in-home services clients, based on their assessed needs. Specific criteria for each category of client will be determined by rule. The Department and a nurse who is contracted with the client's in-home services provider will evaluate the client's condition and assign the client to a category which requires certain services. Each client will receive at least one visit by a nurse contracted with the provider. Clients may request additional nurse visits.

Section 187.030 requires the Department to refer all suspected cases of elder abuse to law enforcement to jointly determine when protective services are needed. The Division of Aging and law enforcement agencies must also require personnel regarding the handling of elder abuse cases and shall develop a checklist to follow when investigating such cases.

Section 187.100 requires the Division of Aging to establish a telephone check-in pilot project. This project will allow in-home services employees to document the actual time they spend with clients by "clocking in" by telephone.

Section 660.252 requires all Medicaid agreements between the Department and in-home services providers to include a requirement that their in-home services employees receive training on elder abuse and neglect.

Portions of this act are substantially similar to HB 1615 and SB 598 (2000).

ERIN MOTLEY