SB 362
Adds structured family caregiving for certain MO HealthNet participants and modifies provisions relating to personal care assistance services
LR Number:
Last Action:
4/24/2019 - Hearing Cancelled S Health and Pensions Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

SB 362 - This act requires the Department of Social Services to seek a waiver from the U.S. Secretary of Health and Human Services to add structured family caregiving as a covered home and community based service for certain MO HealthNet participants. Structured family caregiving shall include: (1) a choice for participants of qualified and credentialed caregivers; (2) a choice for participants of the community settings in which they receive care; (3) a requirement that caregivers be added to the Family Care Safety Registry; (4) a requirement that caregivers be subject to telephone tracking requirements; (5) a cap of 300 participants to receive services; (6) a requirement that structured family caregiving agencies are accountable for quality care; (7) a requirement that caregivers provide for participants' personal needs; (8) a daily, adequate payment rate; and (9) that such payment rate be tier-based on medical necessity criteria.

Under current law, vendors of consumer-directed services shall monitor the performance of personal care assistance service plans. This act requires the consumer to permit the vendor to comply with its quality assurance and supervision process, including bi-annual face-to-face home visits and monthly case management activities. During the home visits, the vendor shall document if the attendant was present and providing services as set forth in the plan of care.

This act repeals language permitting the Department of Health and Senior Services to establish certain pilot projects for telephone tracking systems.

This act also requires vendors to notify consumers during orientation that falsification of personal care attendant time sheets shall be considered and reported to the Department as fraud.

Under current law, a vendor shall submit, among other items, an annual audit report to the Department. This act repeals that language. The Department shall require the vendor to maintain a business location in compliance with Department rules. Additionally, this act requires the Department to create a consumer-directed services division provider certification manager course. No state or federal funds shall be authorized or expended if the owner, primary operator, certified manager, or any direct employee of the consumer-directed services vendor is also the personal care attendant.

Currently, a consumer's services may be discontinued if the consumer has falsified records. This act adds language to include providing false information of his or her condition, functional capacity, or level of care needs.

These provisions are substantially similar to provisions in SCS/HCS/HB 466 (2019), the truly agreed to and finally passed SB 514 (2019), HCS/SS/SCS/SBs 70 & 128 (2019), HCS/HB 1885 (2018), and HB 2500 (2018), and similar to SB 969 (2018), SB 526 (2017), SB 922 (2016) and HB 1753 (2016).



No Amendments Found.