Missouri Senate

Perfected

DEVELOPMENTAL DISABILITIES WAITING LIST EQUITY TRUST FUND (SECTION 143.1017)

This act authorizes a state individual and corporate income tax check-off for the newly created developmental disabilities waiting list equity trust fund. Taxpayers entitled to a refund may designate that at least one dollar on an individual return or two dollars on a combined return of the taxpayer's to be deposited into the fund. Taxpayers that are not entitled to receive an income tax refund may make a donation to the fund by designating an amount and sending separate payment with their income tax return. Moneys in the fund will be used to provide community services and support to people with developmental disabilities and their families who are eligible to receive services, but are on the developmental disabilities waiting list. Moneys in the fund cannot be used to offset other general revenue appropriations.

This provision of the act will automatically sunset on December 31, 2017, unless reauthorized.

This provision is identical to HCS/HB 631 (2011).

DISABILITY HISTORY AND AWARENESS MONTH (SECTION 162.946)

The school board of each school district must require schools within the district to annually provide disability history and awareness instruction during the month of October. October will be designated as "Disability History and Awareness Month."

The Department of Elementary and Secondary Education must identify and adopt preliminary guidelines for each school board to use in developing its curriculum. In addition, higher education institutions are encouraged to conduct and promote activities that provide education, understanding, and awareness of individuals with disabilities.

This provision is identical to HCS/HB 556 (2011).

REFERENCING THE DEVELOPMENTALLY DISABLED (VARIOUS SECTIONS IN CHAPTERS 8, 178, 189, 192, 198, 205, 208, 210, 211, 402, 475, 476, 552, 630, 632, 633, and 660)

This act changes all references of "mentally retarded," "mental retardation," or "handicapped" in current state law to "developmentally disabled," "developmental disability," or "disabled" respectively.

This provision is identical to HB 648 (2011).

COMPREHENSIVE DAY REHABILITATION SERVICES UNDER MO HEALTHNET (SECTION 208.152)

This act adds, subject to appropriations, comprehensive day rehabilitation services beginning soon after trauma as part of a coordinated system of care for individuals with disabling impairments to the list of services covered under MO HealthNet benefits. Services shall be provided in a community-based facility and be authorized on tier levels based on the services and frequency of services the patient requires as guided by a qualified rehabilitation professional associated with a health care home.

This provision is substantially similar to HB 558 (2011).

HEARING AIDS UNDER MO HEALTHNET (SECTION 208.152)

This act adds, subject to appropriations, prescribed medically necessary hearing aids. An electronic web-based prior authorization system using best medical evidence and care and treatment guidelines consistent with national standards shall be used to verify medical need.

This provision is identical to HB 563 (2011).

RENEWAL OF CHILDREN'S PUBLIC ASSISTANCE BENEFITS (SECTION 208.184)

Subject to appropriations, the Department of Social Services is required to provide a pre-populated form, completed by the department based on all available information, and a notice to the parent or caretaker relative of a child eligible for MO HealthNet or State Children's Health Insurance Program benefits that the child's eligibility shall be renewed and continued based on the available information unless the parent or relative provides other information to the department. If there are no changes in the information, such as income or family composition, the parent or relative is not required to send the form back, and the department shall renew the child's eligibility through electronic or other means unless sufficient information is not in the state's possession and cannot be acquired from other sources without the participation of the applicant or his or her parent or relative.

This provision is substantially similar to HB 793 (2011).

MO HEALTHNET OVERSIGHT COMMITTEE (SECTION 208.955)

This act increases the number of members on the MO HealthNet Oversight Committee from 18 to 19 by adding one mental health professional who cares for participants of the MO HealthNet program. The professional shall be either a licensed psychiatrist, psychologist, or professional counselor and shall be recommended by any Missouri organization or association that represents a significant number of either psychiatrists, psychologists, or professional counselors in this state, as appropriate to the appointment. The appointment of the type of mental health professional shall rotate with each new term.

This provision is identical to HB 561 (2011).

PUBLIC ACCOMMODATION AND SERVICE DOGS FOR INDIVIDUALS WITH MENTAL DISABILITIES (SECTIONS 209.150, 209.152. 209.200)

This act adds an individual with mental disabilities to the list of people who must be afforded the same rights as those without disabilities to use streets, highways, sidewalks, public buildings, public facilities, and other public places. An individual with mental disabilities is also entitled to equal accommodation from common carriers, airlines, motor vehicles, trains, buses, taxis, and any other public conveyances or modes of transportation, as well as hotels, places of public accommodation, amusement or resort, and other places to which the general public is invited. This act also provides that persons with mental disabilities shall have the right to be accompanied by a guide, hearing, or service dog in any of these places without being required to pay an extra charge, provided that such person shall be liable for any damages done to the premises or facilities by such dog.

A member of a service dog team has the right to be accompanied by the dog while the dog is in training and shall be liable for any damages to a facility caused by the dog training. A service dog team consists of a trained service dog, a disabled person or child, and an adult person who has been trained to handle the dog. The term "service dog" is revised to include a search and rescue dog that is trained to assist a person with a mental disability from becoming lost and a service team dog that has been trained to help with the search and rescue of an individual with a disability.

These provisions are identical to HB 513 (2011).

PARENTAL RIGHTS FOR PERSONS WITH DISABILITIES (SECTIONS 210.496, 211.031, 211.447 and 453.070)

This act specifies that the disability or disease of an individual shall not be the basis for a determination to refuse to issue, suspend, or revoke a foster care license. Disability or disease shall also not constitute a basis for a determination that a prospective adoptive parent is unfit, that a child is in need of care, that it is necessary to remove a child from the custody of a parent, or for the termination of parental rights, without a specific showing that there is a causal relation between the disability and harm to the child. In such cases involving such parental rights, the court shall consider the availability and use of accommodations for the disability or disease of the parent, including assistive technology and support services.

Provisions of this act are contained in SB 134 (2011) and HCS/HB 604 (2011).

DISABLED PARKING (SECTION 301.143)

This act prohibits all new signs erected on or after August 28, 2011, relating to disabled parking, from containing the words "Handicap Parking" or "Handicapped Parking." Such signs may contain requires the words"Accessible Parking".

This provision is identical to HB 560 (2011).

MENTAL HEALTH EARNINGS FUND (SECTIONS 630.053 AND 630.095)

Subject to appropriations, the proceeds earned from the sale of Mental Health First Aid USA services shall be directed to the Mental Health Earnings Fund. Such proceeds shall be used for the purpose of funding Mental Health First AID USA activities and shall be accounted for separately from all other revenues deposited in the fund.

These provisions are identical to provisions in SCS/SB 177 (2011) and HCS/HB 557.

TRANSPORTING CERTAIN PERSONS TO AND FROM MENTAL HEALTH FACILITIES (SECTION 632.312)

This act allows a sheriff to receive reimbursement for the actual costs of transporting a person to and from a mental health facility from a public or private hospital, a non-profit charitable organization, the state, or a political subdivision.

This provision is identical to SB 428 (2011) and HB 775 (2011).

ADRIANE CROUSE