SCS/HCS/HBs 316, 660 & 203 - This act establishes the Shared Care Program for the elderly, attempts to increase public awareness regarding elder abuse, modifies the regulation of long term care facilities and of the sale of bedding, and allows specific adoption tax credits.

Currently, the Department of Social Services may impose penalties on nursing facilities that do not comply with Sections 198.003 through 198.096, RSMo. New language prohibits facilities from reporting any noncompliance penalties as charitable contributions for tax purposes. If the Department maintains records of inspections and violations, the Department must also maintain records of compliance. The Department must specifically record actions by facilities that are above and beyond the minimum requirements. Finally, the Department must evaluate the requirements for and performance of inspectors and surveyors of long term care facilities and develop a uniform course of instruction.

Medical practitioners are currently required to report any abuse or neglect of long term care facility residents. New language states that it is a crime to file false reports of elder abuse or neglect. In addition, if a facility self-reports abuse or neglect, it will not be recorded as a hotline call, but rather as a "self-reported incident". If the incident results in a violation, then it will be reported as a "substantiated report". This provision is substantially similar to HB 632.

With the cooperation of the Department of Social Services, the Department of Health is required to develop an education and awareness program regarding elder abuse and neglect. This provision is substantially similar to HB 632.

The Division of Aging is required to establish the shared care program to help families who provide the primary long-term care for an elderly person. The program will provide services or, increase awareness of, the services available to these families. It will also provide up to a $500 tax credit to families who meet certain qualifications. The tax credit will apply after December 31, 1999. This provision is substantially similar to SB 324 and HB 187.

Managed care organizations must provide covered services, if requested, to enrollees who are living in long term care facilities or continuing care retirement communities. The managed care organization shall reimburse the facility at the Medicare allowable rate. A facility may not prohibit a health carrier's participating providers from providing services to residents instead of the residents' own insurance providers. Any violation of this requirement will be considered abuse or neglect of the resident enrollee. This provision is substantially similar to HB 618.

This act also modernizes the regulation of the sale of bedding by providing standards for sanitization procedures and transferring administration of the program to the Department of Health rather than the Department of Social Services. Currently, manufacturers are subject to inspection, required to operate under a permit and to properly label their products. The Department may prosecute violators of the law. Violation is a Class A misdemeanor. This provision is substantially similar to SB 98.

Individuals may claim a tax credit for nonrecurring expenses incurred in the adoption of a special needs child. Such tax credits may be assigned, transferred, or sold in their entirety. Any sale of tax credits to a for profit entity shall be at a discount rate of seventy-five percent or greater of the amount sold. The taxpayer will receive fifty percent of the credit upon home placement of the child and fifty percent when the adoption is final. Any business providing funds to an employee to assist in a special needs adoption will be eligible to receive a tax credit of up to $10,000. The total amount of credits claimed may not exceed two million dollars in any year. This provision is substantially similar to SB 22, SB 97 and HB 349 and to portions of SBs 387, 206 & 131.
ERIN MOTLEY