- Introduced -

SB 746 - This act modifies the law relating to lead abatement and lead poisoning.

New language in Section 701.304 allows the Director of the Department of Health and Senior Services to levy fines pursuant to sections 701.300 to 701.338, RSMo. All fines shall be deposited into the Public Health Services Fund.

Representatives of the Department, local government or health departments have the authority to re-enter a dwelling or a child-occupied facility to determine if the required actions have been taken. If the representative does not have consent to enter, they may petition the court for an order to enter the premises. An order shall be granted upon a showing that the representative attempted to notify the dwelling's owner in writing and 48 hours in advance of the time and purpose of the re-entry (Section 701.308).

Upon re-entry, if the lead hazard has not been reduced, the Department or representative may report any violation of sections 701.300 to 701.338, RSMo, to the prosecuting attorney of the appropriate county. In addition, the court may impose a fine in an amount which shall reflect the seriousness of the threat to human health. However, this amount shall not exceed $10,000. The fine shall not be less than $5,000 if the owner has failed to reduce the identified lead hazard upon proof that:

(1) The owner has been notified that a child six and under in his property has an elevated blood lead level;

(2) Re-entry revealed that the required actions to reduce the lead were not taken; and

(3) Another occupant or child in his dwelling is identified with an elevated blood lead level (Section 701.308).

If the Department revisits an abatement project because a contractor is not present or is in violation of Sections 701.300 to 701.338, RSMo, or any regulations, the lead abatement contractor must pay a fee of $150 per revisit. In addition, the Department may assess a fine not to exceed $1,000 for the first violation and $5,000 for each subsequent violation against any inspector, risk assessor, lead abatement worker, lead abatement supervisor, project designer, or contractor licensed by the Department. For continuing violations, every day the violation continues to occur shall be deemed a separate violation (Section 701.311).

The Departments of Health and Senior Services and Social Services, along with related not-for-profits, HMOs, and the MO Consolidated Health Care Plan, shall devise a three-year educational strategy designed to increase the number of children on Medicaid that are tested for lead poisoning. The goal of the strategy is to have 75% of the children tested by August 28, 2008 (Section 701.336).

The Department of Social Services must seek Medicaid waivers for the funding of lead cleaning treatments and lead reduction measures in the properties of Medicaid recipients. The Department will coordinate with the Department of Health and Senior Services to ensure that priority homes receive the appropriate funding and that risk assessments are conducted to identify lead hazards in properties (Section 701.336).

The Department of Social Services, in collaboration with the Department of Health and Senior Services, must ensure that all children between the ages of six months and six years who are in foster care in high risk areas are tested annually for lead poisoning with the costs paid through the state Medicaid program. If any child in foster care in a high risk area is not Medicaid-eligible, the costs of the testing shall be paid by the state (Section 701.342).

LORIE TOWE