HB 432 Modifies provisions relating to protection of vulnerable persons

     Handler: White

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HS/HB 432 - This act modifies several provisions relating to the protection of vulnerable persons, including: (1) sheltered workshops; (2) the Alzheimer's State Plan Task Force; (3) forensic examinations; (4) the birth match program; (5) child care benefits; (6) MO HealthNet antipsychotic medication; (7) nutrition assistance programs; (8) unaccompanied youth; (9) child care facilities; (10) newborn safety incubators; (11) children in the custody of the state; (12) the Missouri Food Security Task Force; (13) employment leave for victims of certain crimes; (14) child hearing aids; and (15) modification of prior custody orders or visitation.

SHELTERED WORKSHOPS (Section 178.935)

In order to prevent the curtailment of employment opportunities for disabled persons working at sheltered workshops, the Department of Elementary and Secondary Education shall permit sheltered workshops to pay such disabled persons commensurate wages, defined as wages based on the disabled person's productivity in proportion to the productivity of an experienced non-disabled person in a similar job and that may be lower than the state minimum wage. The sheltered workshop shall provide written assurance to the Department that such wages shall be reviewed and adjusted periodically and no sheltered workshop shall be permitted to reduce the agreed-upon wage rate for a period of two years after approval without prior authorization from the Department.

This provision is identical to SB 582 (2021).

ALZHEIMER'S STATE PLAN TASK FORCE (Section 191.116)

This act establishes the "Alzheimer's State Plan Task Force" in the Department of Health and Senior Services, which shall consist of 21 members as specified in the act. The task force shall assess and maintain a state plan to overcome the challenges of Alzheimer's disease, including assessing the existing services and resources available for persons with Alzheimer's disease and their families and identifying opportunities for Missouri to coordinate with federal entities. The task force shall deliver a report to the Governor and General Assembly by June 1, 2022, and shall supplement the report annually thereafter. The task force shall expire on December 31, 2026.

This provision is identical to SB 523 (2021) and substantially similar to provisions in SCS/HCS/HB 1683 (2020) and SB 823 (2020).

FORENSIC EXAMINATIONS (Sections 192.2520 and 197.135)

This act requires the statewide coordinator for the telehealth network for forensic examinations of victims of sexual offenses to regularly consult with Missouri-based stakeholders and clinicians regarding the training programs offered by the network, as well as the implementation and operation of the network. Current law permits the training to be offered online or in person and this act requires that the training be made available online and permits it to be offered in person. Providers shall not be required to utilize this training, so long as the training utilized by providers is, at a minimum, equivalent to the network's training.

Current law requires licensed hospitals to perform forensic examinations of victims of sexual offenses beginning January 1, 2023. Under this act, such requirement shall only occur beginning January 1, 2023, or no later than 6 months after the establishment of the telehealth network, whichever is later. Finally, no individual hospital shall be required to comply with these provisions unless and until the Department of Health and Senior Services provides such hospital with access to the network for mentoring and training services without charge.

Finally, victims of sexual offenses who are 14 to 17 years of age may be referred by hospitals to SAFE CARE providers for medical or forensic evaluation and case review.

These provisions are identical to SCS/SB 550 (2021).

BIRTH MATCH PROGRAM (Sections 193.075, 210.150, and 210.156)

Under this act, the Children's Division shall make available to the State Registrar the identifying information of certain individuals, within the previous ten years, whose parental rights have been terminated due to child abuse or neglect, individuals who pled or were found guilty of murder or manslaughter when the victim was a child, and individuals who pled guilty or were found guilty of certain sexual offenses against a child. The State Registrar shall provide to the Division the birth record information of children born to such individuals. The Division shall verify the identity of the parent and if that identity is verified, the Division shall provide the appropriate local office with information regarding the birth of the child. Appropriate local Division personnel, or local providers designated by the Division, shall initiate contact with the family, or make a good faith effort to do so, to determine if the parent or family has a need for services and provide such voluntary and time-limited services as appropriate. The Division shall document the results of such contact and services provided, if any, in the Division's information system. Identifying information and records created and exchanged under this act shall be closed records and shall only be used as specified in the act.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 429 (2021) and the perfected SS/SB 327 (2021).

CHILD CARE BENEFITS (Section 208.053)

This act modifies an expired law relating to the "Hand-Up" pilot program, which was designed to ensure that certain participating recipients continued to receive child care subsidy benefits while paying a premium when their income surpassed the eligibility level for full benefits to continue. This act requires the Children's Division, subject to appropriations and by July 1, 2022, to implement a new pilot program in Jackson County, Clay County, and Greene County. The program shall be designed so that applicants may receive transitional child care benefits without first being eligible for full child care benefits, as long as the applicant's income falls within the income limits established through annual appropriations. The Division shall track the number of recipients in the program and the effectiveness of the program in encouraging recipients to secure employment with incomes greater than the maximum for full child care benefits. The report shall be issued to the General Assembly by September 1, 2023, and each September thereafter.

This act repeals provisions relating to the establishment and utilization of a "Hand-Up Premium Fund" in the State Treasury for premiums collected under the previous pilot program.

These provisions will expire on August 28, 2024, unless reauthorized.

These provisions are identical to SB 206 (2021) and SB 584 (2020), substantially similar to HCS/HB 1311 (2018), and similar to SB 965 (2018).

MO HEALTHNET ANTIPSYCHOTIC MEDICATION (Sections 208.226 and 208.227)

Currently, no restrictions to access shall be imposed that preclude the availability of any individual atypical antipsychotic monotherapy for the treatment of certain disorders in MO HealthNet participants. Under this act, no such restrictions shall be imposed for any individual antipsychotic medication. Additionally, this act modifies current law regarding the MO HealthNet Division's requirements to issue a provider update regarding cost considerations when enumerating treatment and utilization principles, as well as repeals language regarding the Division's adherence to certain principles when implementing new policies and clinical edits for antipsychotic drugs.

This provision is identical to SB 173 (2021), SB 666 (2020), and HB 867 (2019).

NUTRITION ASSISTANCE PROGRAMS (Sections 208.018, 208.285, 208.1060, and 210.251)

The current Supplemental Nutrition Assistance Program (SNAP) farmers' market pilot program expired on October 10, 2020. This act reauthorizes the program until August 28, 2027.

This provision is identical to SB 575 (2021).

This act changes the Missouri Senior Farmers' Market Nutrition Program to the Missouri Farmers' Market Nutrition Program and expands the program to include low-income pregnant and postpartum women, infants, and children under 5 years of age who are at nutritional risk. Additionally, this act removes language in current statute permitting vouchers under the program to be used at roadside stands and community-supported programs (CSAs).

This act modifies voucher distribution to permit eligible individuals to receive program vouchers from distribution sites in their county of residence or a neighboring county.

This provision is substantially similar to HB 652 (2021).

This act requires the Department of Social Services to submit a state plan to the U.S. Department of Agriculture for a "Farm to Food Bank Project" and to contract with any qualified food bank for the purpose of operating the project.

This provision is identical to SB 562 (2021).

Under this act, Missouri shall have no stricter requirements than federal regulations for participants in administering the program for at-risk school children through the federal Child and Adult Care Food Program. Facilities shall not be required to be licensed child care providers to participate in the program, as long as minimum health and safety standards are met and documented.

This provision is identical to a provision in HCS/SCS/SB 457 (2021) and HCS/HB 1337 (2021) and substantially similar to SCS/SB 563 (2021).

UNACCOMPANIED YOUTH (Sections 210.115 and 210.121)

Under this act, for the purposes of providing or accessing supportive services or verifying the status of a youth as unaccompanied or homeless, the fact that a child is an unaccompanied youth, as defined in federal law, is not, in and of itself, a sufficient basis for reporting child abuse or neglect, unless the child is under 16 years of age or is incapacitated.

Additionally, an unaccompanied youth may access supportive services, as defined in the act, so long as the youth is verified as an unaccompanied youth. Acceptable documentation for verification shall include: (1) a statement signed by a licensed mental health professional, licensed social worker, or licensed counselor of a government or nonprofit agency that receives public or private funding to provide services to homeless people; (2) a statement signed by a local educational agency liaison for homeless children and youth or a school social worker or counselor; or (3) a statement signed by an attorney representing the youth in any legal matter.

A person who acts in good faith to accept a statement from a director or designee of a government or nonprofit agency and who is without actual knowledge that such statement is fraudulent or otherwise invalid, shall not be liable in any civil or criminal action for providing shelter or supportive services without having obtained permission from the minor's parent or guardian. The service provider shall not be relieved from liability for negligence or criminal acts on the basis of this act.

These provisions are identical to HCS/HB 1276 (2021) and substantially similar to SCS/SB 536 (2021).

CHILD CARE FACILITIES (Sections 210.201 and B)

Under current law, Montessori schools are not required to have a child care facility license to operate in the state. This act modifies the definition of a Montessori school to include programs that are either accredited by, actively seeking accreditation by, or maintain an active school membership with the American Montessori Society, Association Montessori Internationale, the International Montessori Counsel, or the Montessori Educational Programs International.

This provision has an emergency clause.

This provision is identical to the perfected SCS/SB 457 (2021).

NEWBORN SAFETY INCUBATORS (Section 210.950)

This act modifies the "Safe Place for Newborns Act of 2002" by permitting parents to relinquish a child up to 45 days old to a newborn safety incubator, defined as a medical device used to maintain an optimal environment for a newborn infant.

This provision is identical to HB 76 (2021).

CHILDREN IN THE CUSTODY OF THE STATE (Section 210.1225)

Under this act, the Children's Division shall take physical custody of a child who is in the legal custody of the Division and who is hospitalized but no longer in need of medical care. If the Division fails to take physical custody of the child, then the Division shall reimburse the hospital at the same rate the hospital would receive per day for an inpatient admission.

Additionally, if the Division requests transportation of a child to an emergency, the hospital to which the child is transported or any subsequent psychiatric hospital to which the child is transferred shall be allowed to administer emergency psychiatric treatment.

This provision is identical to SB 561 (2021) and substantially similar to HB 1147 (2021).

MISSOURI FOOD SECURITY TASK FORCE (Section 261.450)

This act establishes the Missouri Food Security Task Force, to be comprised of 25 members as set forth in the act. The task force shall report a summary of its activities and recommendations to the Governor and the General Assembly before August 28th of each year, and shall terminate on December 31, 2023, or may be extended until December 31, 2025, as determined necessary by the Department of Agriculture.

This provision is identical to SCS/SB 441 (2021) and similar to HB 597 (2021) and HB 2108 (2020).

EMPLOYMENT LEAVE FOR VICTIMS OF CERTAIN CRIMES (Sections 285.625 to 285.670)

Under this act, any person employed by a public or private employer with at least 20 employees is entitled to unpaid leave if the person, or a family or household member, is a victim of domestic or sexual violence. Permissible reasons for taking leave include seeking medical attention, recovering from injury, obtaining victim services, obtaining counseling, participating in safety planning, and seeking legal assistance. Such leave shall be limited to 2 weeks of leave per year if the employer employs at least 50 employees and 1 week per year if the employer employs at least 20 but not more than 49 employees.

Employees are required to give 48 hours notice of the intent to take leave and may be required to provide certification to the employer that the leave is necessary. On return from leave, employees shall be restored to the same or equivalent employment position and shall not lose accrued benefits. Employers are required to maintain health coverage for the employee while on leave but the premium may be recovered if the employee does not return.

Employers are required to post and keep posted a notice summarizing the requirements of this act, which shall be prepared by the Director of the Department of Labor and Industrial Relations.

These provisions are identical to SB 16 (2021), substantially similar to SCS/SB 178 (2019), SB 739 (2018), SB 268 (2017), and SCS/SB 907 (2016), and similar to SB 130 (2015), SB 712 (2014) and SB 367 (2013).

CHILD HEARING AIDS (Section 376.1228)

This act requires health benefit plans delivered, issued, continued, or renewed on or after January 1, 2022, to provide coverage to children under 18 years of age for those hearing aids which are covered for children receiving benefits under MO HealthNet. Any additional costs to the state created under these provisions shall be subject to appropriation. These provisions shall be void if determined by the federal government to be in violation of federal law.

This provision is identical to provisions in HCS/SS/SCS/SB 43 (2021) and similar to HB 289 (2021).

MODIFICATION OF PRIOR CUSTODY ORDERS OR VISITATION (Section 452.410)

This provision modifies current law relating to the modification of a prior child custody decree by changing and adding intersectional references to current statutory provisions relating to child custody, visitation, and grandparent visitation.

This provision is identical to a provision in HCS/SS/SCS/SB 71 (2021).

SARAH HASKINS

SA #1: ESTABLISHES "THE MISSOURI COMMISSION ON AUTISM SPECTRUM DISORDERS"

SA #2: PROHIBITS CERTAIN OFFENDERS OF SEX CRIMES FROM BEING NEAR CERTAIN PROPERTIES

SA #3: REQUIRES THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION TO DEVELOP AND PUBLIC SCHOOLS TO ADOPT POLICIES PROVIDING ACCOMMODATIONS FOR NURSING MOTHERS

SA #4: MODIFIES PROVISIONS RELATING TO INSURANCE COVERAGE FOR MENTAL HEALTH CONDITIONS

SA #5: MODIFIES PROVISIONS RELATING TO A CHILD'S RIGHT TO COUNSEL

SA #6: MODIFIES PROVISIONS RELATING TO THE USE OF SECLUSION AND RESTRAINT TECHNIQUES ON ELEMENTARY AND SECONDARY STUDENTS

SA #7: MODIFIES PROVISIONS RELATING TO INSPECTION OF CHILD CARE FACILITIES

SA #8: PERMITS RECORDING CERTAIN MEETINGS BY A STUDENT'S PARENT OR LEGAL GUARDIAN

SA #9: MODIFIES PROVISIONS RELATING TO STEP THERAPY


Go to Main Bill Page  |  Return to Summary List  |  Return to Senate Home Page