HCS/SCS/SB 574 - This act amends the provision relating to reporting of suspected abuse or neglect of a resident of a long-term care facility who is sixty years of age or older or other certain eligible adults. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse or neglect. Under this act, in the event of suspected sexual assault of the resident, specified mandated reporters shall also report to local law enforcement under the procedures of the federal Elder Justice Act of 2009.
This provision is identical to the truly agreed to and finally passed SCS/HCS/HB 1635 (2018) and similar to a provision in SB 301 (2017),HCS/SS/SCS/SB 663 (2016), HB 551 (2017), SS/SCS/SBs 112, 212, 143, & 234 (2015), and SB 971 (2014).
Under current law, in-home service providers and home health agencies are guilty of a Class A misdemeanor if they employ a person to provide services to patients who is listed on any of the background checklists in the Family Care Safety Registry. This act repeals that provision and instead provides that such entities shall be guilty of a Class A misdemeanor if they employ a person who is guilty or has pleaded guilty or nolo contendere to certain offenses, is on the Department of Health and Senior Services' employee disqualification list or the Department of Mental Health's employee disqualification registry, or has a finding on the child abuse and neglect registry. Additionally, no state or federal financial assistance shall be available to pay for personal care assistance services if the personal care attendant has not undergone this background check process or if the personal care attendant has a disqualifying finding under this act.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/SS/SCS/HB 1350 (2018) and substantially similar to SB 997 (2018).