Senate Committee Substitute

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) the birth match program; (4) child care benefits; (5) MO HealthNet antipsychotic medication; (6) nutrition assistance programs; (7) unaccompanied youth; (8) child care facilities; (9) children in the custody of the state; (10) the Missouri Food Security Task Force; (11) child hearing aids; and (12) 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).

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 208.1060 and 210.276)

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 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 210.211 and B)

This act excludes from the number of children counted toward the maximum number of children for which a family child care home is licensed up to two children who are five years or older and who are related within the third degree of consanguinity or affinity to, adopted by, or under court appointed guardianship or legal custody of a child care provider who is responsible for the daily operation of a licensed family child care home organized as a legal entity in Missouri. If more than one member of the legal entity is responsible for the daily operation of the family child care home, then the related children of only one such member shall be excluded. A family child care home caring for such children shall provide notice to parents or guardians as specified in the act. Additionally, nothing in the act shall prohibit the Department of Health and Senior Services from enforcing existing licensing regulations, including supervision requirements and capacity limitations based on the amount of child care space available.

This provision has an emergency clause.

This provision is identical to SCS/SB 132 (2021) and similar to SB 1026 (2020) and HB 1257 (2020).

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).

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.

This provision is identical to the perfected 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


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