SCS/HS/HCS/HB 1749 - This act disqualifies those who plead guilty or nolo contendere to felonies from positions as operators of long-term care facilities. Current law only disqualifies those who are convicted of a felony. Copies of notices of noncompliance and statements of deficiencies of a facility must be sent to the district's representation in the General Assembly. In addition, the Department of Social Services (Department) is required to establish by 1999 a computerized record of all licensed long-term care facilities and violations registered against them.

The Department is required to notify local law enforcement when an investigation indicates that abuse or neglect may have occurred at a long-term care facility. The Division of Aging is required to allow residents and their families to obtain information about their rights and options if they are evicted or otherwise retaliated against for making a complaint against a facility. Facilities are required to post a sign in a conspicuous location to remind staff of their rights and responsibilities regarding reports of abuse and neglect.

The Department of Public Safety is required to set up a comprehensive employee information system capable of merging employee disqualification lists and criminal background checks. The data in the system will be available to employers, state agencies, educators, child care workers, elderly caregivers, and adoption agencies. Identifying information and information on how to get investigative reports shall be available on the Internet. Unauthorized access to the information system is a Class C misdemeanor.

Providers of the elderly may use this system in lieu the requirements set forth in Section 660.317, RSMo. The act allows the Department to issue rules that would allow the hiring restrictions of Section 660.317, RSMo, be waived for good cause.

The act establishes within the Division of Aging the "Shared Care" Program to provide services and support for those caring for an elderly family member. Funds for this program are to be appropriated and administered by the Department.

The act allows the Division of Vocational Rehabilitation to contract with fiscal intermediaries to provide payroll and fringe benefit accounting services for clients eligible to receive personal care assistance services. The Division of Medical Services is required to apply no later than December 31, 1998 for a Medicaid waiver for persons with disabilities to increase the availability of personal care assistance services. A $4 million annual cap is placed on the costs of the new programs for the disabled.

The act also allows the Missouri Health Care Facilities Review Committee (Certificate of Need Committee) to extend the moratorium date for existing facilities to April 30, 2000. No new construction may begin prior to July 1, 2000.

Provisions similar to those in this act can be found in SB 773 and HB 1136.
JOHN MESSMER