SB 1081 Modifies provisions regarding quality assurance and safety in the Division of Mental Retardation and Developmental Disabilities Community Programs
Sponsor: Nodler Co-Sponsor(s)
LR Number: 4634L.06T Fiscal Note: 4634-06
Committee: Health and Mental Health
Last Action: 6/25/2008 - Signed by Governor Journal Page:
Title: HCS SCS SB 1081 Calendar Position:
Effective Date: Varies
House Handler: Cooper

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Current Bill Summary


HCS/SCS/SB 1081 -This act modifies provisions relating to quality assurance and safety in the Division of Mental Retardation and Developmental Disabilities Community Programs.

FAMILY CARE SAFETY REGISTRY

This act amends the Family Care Safety Registry to include protections for the developmentally disabled and requires the registry to contain information on mental health workers. This act also adds direct care staff from the Division of Mental Retardation and Developmental Disabilities (MRDD) community programs to the list of health care and mental health providers who are required to report suspected cases abuse of a patient, resident, or client of a mental health facility. The Department of Mental Health shall conduct such abuse and neglect investigations. SECTIONS 210.900 TO 210.927

GOOD SAMARITAN

This act modifies the good Samaritan statute to include suicide prevention intervention rendered in good faith by a qualified counselor or any other person to the list of care or services rendered in an emergency situation that are immune from civil liability. SECTION 537.037

This provision is identical to a provision in HB 1890 (2008) and similar to SB 974 (2008).

MENTAL HEALTH COORDINATORS

Under current law, mental health coordinators must be employed by the State of Missouri. This act provides that such coordinators may be contract employees or work for community health providers. SECTIONS 630.045 AND 632.005

This provision is substantially similar to SB 974 (2008) and HB 1890 (2008).

REPORTING AND INVESTIGATING OF ABUSE AND NEGLECT

Under this act, the department shall promulgate rules as necessary for reporting and investigating complaints of abuse and neglect. SECTION 630.050

RELEASE OF INFORMATION

This act also specifies that the release of client information must be consistent with requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). SECTION 630.140

This provision is substantially similar to SB 974 (2008) and HB 1890 (2008).

MENTAL HEALTH FACILITIES AND GROUP HOMES

All group homes and mental retardation facilities shall be subject to all applicable federal and state laws, regulations and monitoring. All MRDD community providers shall be subject to the same training requirements established for state mental health workers with comparable positions in public group homes and mental health facilities. In addition, any employee, including supervisory personnel, of a group home or mental retardation facility who has been placed on the department's disqualification registry due to a substantiated finding of abuse or neglect shall be terminated. The facilities or homes are also required to report staff turnover to the Department of Mental Health and the General Assembly. The Department of Mental Health shall not transfer any person to any group home or mental retardation facility that has received a notice of noncompliance, until there is an approved plan of correction. SECTIONS 630.165,630.167, 633.300 TO 633.309

MENTAL HEALTH DISQUALIFICATION REGISTRY

This act adds persons who have been convicted of or pled guilty to vulnerable person abuse to the list of person who are disqualified from holding any position in any public or private mental health facility or program. In addition, this act adds persons who have been convicted of or pled guilty to any offense requiring such person to register as a sex offender to the list of persons who are disqualified from holding any direct-care position in any public or private mental health facility or program. SECTION 630.170

SECURITY DEVICES

Under current law, physical and chemical restraints cannot be used on patients, residents or clients of a mental health facility or mental health program except under certain circumstances. This act allows security escort devices to be used on individuals who have been civilly committed when they are transported outside a mental health facility if the head of the facility or the attending physician finds it necessary to protect the health and safety of the individual or others or to prevent escape. Security escort devices shall be used on individuals who have been civilly committed under the sexually violent predator statutes or who have been criminally committed when they are transported outside a mental health facility, unless it is determined by the head of the facility or the attending physician that it is not necessary to protect the health and safety of the individual or others or to prevent escape. The head of a mental health facility may also use extraordinary measures to ensure the safety and security of patients, residents, clients, or others during times of natural or man-made disasters. Use of the security escort devices or the extraordinary measures during the circumstances described in this act shall not be considered restraint, seclusion or isolation as generally prohibited by statute. SECTION 630.175

This provision is substantially similar to SB 974 (2008) and HB 1890 (2008).

CIVIL LIABILITY

Also under current law, certain mental health care professionals are immune from liability for detaining, transporting, conditionally releasing or discharging a person under the mental health or guardianship statutes at or before the end of the period for which the person was admitted or detained for evaluation or treatment so long as such duties were performed in good faith and without gross negligence. This act adds investigating to the list of actions immune from liability. SECTION 632.440

This provision is substantially similar to SB 974 (2008) and HB 1890 (2008).

ICF-MR PROVIDER REIMBURSEMENT

This act also provides that beginning July 1, 2008, each Intermediate Care Facilities-Mentally Retarded Facilities (ICF-MR) in this state must pay, in addition to all other fees or taxes required by law, a ICF-MR provider reimbursement based on a formula set forth in rules promulgated by the Department of Social Services. The provisions relating to the provider reimbursement allowance shall expire on June, 30, 2009. SECTION 633.401

There is an emergency clause for the ICF-MR provider reimbursement provision.

ADRIANE CROUSE