HCS/SS/SB 854 - This act modifies provisions relating to home-and community-based services. REFERRALS FOR HOME-AND COMMUNITY-BASED SERVICES Under current law, upon the receipt of a referral for MO HealthNet-funded home-and community-based care containing a nurse assessment or a physician's order, the Department of Health and Senior Services is allowed to reimburse in-home providers for nurse assessments of participants in the in-home and home and community based programs and to contract for home-and community -based assessments through an independent third-party assessor. Under this act, upon receipt of a referral for services or a physician's order, the department is required to process the referral within 15 business days, arrange for the provision of services by a home- and community-based provider rather than by an in-home provider and notify the referring entity within 5 business days of receiving the referral if additional information is required to process the referral. The department shall also inform the applicant of: -The full range of available MO HealthNet home- and community-based services; -The choice of home- and community-based service providers in the applicant's area; and - The option to choose more than one home- and community-based service provider to deliver or facilitate the services the applicant is qualified to receive. This act also requires the department to: -Prioritize the referrals received, giving the highest priority to referrals for high-risk individuals; and -Notify the referring entity and the applicant within 10 business days of receiving the referral if it has not scheduled the assessment. If the department does not process a referral or physician's order for MO HealthNet-funded home- and community-based provider care within 15 business days of receipt by the department, the care plan recommendation of the provider shall become effective thereafter. This act repeals the provision requiring the reassessments and care plan changes to be reviewed and approved by the independent third-party assessor. The department's auditing of home- and community-based service providers shall include a review of client service and provider choice and communication of home- and community-based service provider service options to individuals seeking MO HealthNet services. The department shall also make publicly available a review of its process for informing participants of service options within MO HealthNet home- and community-based service provider services and information on referrals. The department shall also: (1) Develop an automated electronic assessment care plan tool to be used by providers; and (2) Make recommendations to the general assembly by January 1, 2013, for the implementation of the automated electronic assessment care plan tool. At the end of the first year of this plan being in effect, the department shall prepare a report for the appropriation committee for health, mental health and social services or a committee appointed by the speaker to review the provisions of this act. This act removes the August 28, 2013 expiration date. SECTION 208.895 MODIFIES THE EMPLOYMENT DISQUALIFICATION LIST FOR HOME CARE EMPLOYEES This act provides that any home care employer required to deny employment to an applicant or discharge an employee as a result of information obtained through a portion of the background screening and employment eligibility determination process required under the Family Care Safety Registry provisions shall not be liable in any action brought by the applicant or employee. The employer shall also not be charged for unemployment insurance benefits based on wages paid to the employee or based on an employer making payments in lieu of contributions for work prior to the date of discharge, if the employer terminated the employee because the employee: (1) Has pled guilty to or nolo contendere or been found guilty in this state or any other state of a crime, which if committed in Missouri would be a class A or B felony violation of certain specified crimes such as offenses against the persons, sexual offenses and robbery or burglary offenses; (2) Was placed on the employee disqualification list maintained by the Department of Health and Senior Services, after the date of hire; (3) Was placed on the employee disqualification list maintained by the Department of Mental Health, after the date of hire; (4) Is listed on any of the background check lists in the Family Care Safety Registry; or (5) Has a disqualifying finding or was denied a good cause waiver under the employee disqualification list maintained by the Department of Health and Senior Services. SECTION 660.315 ADRIANE CROUSE