HB 926 -- Protections for Vulnerable Adults and Children

Sponsor:  Bruns

This bill changes the laws regarding protections for vulnerable
adults and children.  In its main provisions, the bill:

(1)  Adds reducing the incidents of financial exploitation of the
elderly to the public education and awareness program regarding
elder abuse and neglect administered by the Department of Health
and Senior Services (Section 192.925, RSMo);

(2)  Transfers the Division of Aging from the Department of
Social Services to the Department of Health and Senior Services
(Section 192.2000);

(3)  Transfers the powers, duties, and functions of the Board of
Nursing Home Administrators from the Department of Social
Services to the Department of Health and Senior Services (Section
192.2000.9);

(4)  Revises the definition of "protective services" to mean a
service provided by the state or other governmental or private
organization or individual which is necessary for the safety and
well being of an elderly person or an adult with disabilities who
is in danger of being mistreated or neglected and unable to take
care of or protect himself or herself from harm (Section
192.2003);

(5)  Grants immunity from civil and criminal liability for any
person making a report of abuse or neglect to the Department of
Health and Senior Services unless the person acts negligently,
recklessly, in bad faith, or with malicious purpose (Sections
192.2103.5 and 192.2150.11);

(6)  Requires any health service provider, health service vendor
employee, personal care attendant, or any person having
reasonable cause to believe that a patient or consumer has been a
victim of misappropriation of a patient's money or property or
has falsified documents verifying delivery of health care
services to report the information to the Department of Health
and Senior Services within 24 hours of discovering the act
(Sections 192.2150.2 and 192.2150.3);

(7)  Requires the department, upon receipt of an imminent danger
report, to initiate a thorough investigation promptly, but
removes the 24-hour time requirement.  If an investigation
indicates a crime has occurred, the appropriate law enforcement
agency and the prosecutor must be notified.  The department must
notify the resident's legal representative of the report and
investigation status when it involves a resident who has been
appointed a guardian and/or conservator or who is incapacitated
and resides at a state-licensed facility.  The department may
also notify the resident's family members, guardians, or
conservators (Sections 192.2150.6 and 192.2150.7);

(8)  Requires the Department of Health and Senior Services to
keep confidential the names of individuals submitting abuse and
misappropriation reports unless the complainant agrees to the
disclosure of his or her name; it is necessary to prevent further
abuse and neglect, misappropriation of funds, or document
falsification; the name of the complainant is lawfully
subpoenaed; the release of a name is required by the
Administrative Hearing Commission; or the release of a name is
requested by the Department of Social Services for the purpose of
licensure under Chapter 210 (Section 192.2150.9);

(9)  Requires the Department of Health and Senior Services to add
persons who have falsified documents verifying service delivery
to consumers or have misappropriated property or moneys belonging
to consumers to the employee disqualification list for employees
of any provider or consumer (Section 192.2150.12);

(10)  Protects a patient and the patient's family members or an
employee from eviction, harassment, dismissal, or retaliation due
to the filing of a report of a violation or suspected violation
of the provisions of the bill (Section 192.2150.13);

(11)  Requires potential patients and consumers whose services
are funded by the MO HealthNet Program to be checked against the
sexual offender registry maintained by the State Highway Patrol
and requires the Department of Health and Senior Services to
notify providers at the time of referral if a patient or consumer
is on the registry (Section 192.2150.15);

(12)  Specifies that any person failing to file a required report
within the time guidelines and any person or provider who misuses
or diverts the consumer's use of any personal property or money
or falsifies service delivery documents will be guilty of a class
A misdemeanor.  Any provider or employee who knowingly conceals
abuse or neglect that results in the death or serious injury of a
patient will be guilty of a class D felony (Sections 192.2153.1 -
192.2153.3);

(13)  Authorizes the Department of Health and Senior Services to
assess a $1,000 fine on any provider who willfully and knowingly
fails to report known abuse by an employee.  Any provider may
seek a review of a department's decision by the Administrative
Hearing Commission which may be appealed to the circuit court in
the county where the violation occurred (Section 192.2153.4);

(14)  Specifies that any person or entity who unlawfully
discloses information from the employee disqualification list
will be guilty of an infraction; and upon request from the
Division of Employment Security within the Department of Labor
and Industrial Relations, the Department of Social Services must
provide copies of employee investigation reports of individuals
on the list.  Persons on the list cannot be paid from public
moneys for personal care assistant services (Sections
192.2175.11 - 192.2175.12);

(15)  Requires health care providers or employment agencies to
make inquires to the Department of Health and Senior Services to
determine if a full or part-time applicant for employment which
involves consumer contact is on the employee disqualification
list prior to hiring the applicant (Section 192.2178.3);

(16)  Prohibits, as of August 28, 2009, a provider from hiring
any person with a disqualifying history unless the person has
submitted an approved good cause waiver.  Providers cannot
continue to employ people who were hired prior to August 28,
2009, with disqualifying backgrounds after March 1, 2009, unless
the person submits an approved good cause waiver prior to
January 1, 2009.  An employer who knowingly hires a person who is
a registered sexual offender on or after August 28, 2009, will be
guilty of a class A misdemeanor (Sections 192.2178.7 and
192.2178.8);

(17)  Specifies that a consumer-directed services vendor or
hospice will be guilty of a class A misdemeanor if it does not
request a background screening check from the family care safety
registry prior to allowing the employee to have contact with an
in-home patient (Section 192.2178.10);

(18)  Prohibits any state or federal funding for personal care
assistance services if the attendant is on the employee
disqualification list; is a registered sexual offender; or has a
disqualifying criminal history, unless a good cause waiver is
obtained (Section 208.909.4);

(19)  Defines "related personal care" as care provided for a
person with a physical or medical disability by an adult relative
as it relates to the Family Care Safety Act (Section 210.900.2);

(20)  Requires any person responsible for the care of a person 60
years of age or older who has cause to suspect that the person
has been abused, neglected, or financially exploited by a person,
firm, or corporation to make a report to the Department of Health
and Senior Services.  Any person who purposely files a false
report will be guilty of a class D felony (Section 565.188.1);
and

(21)  Specifies that any person who commits the offense of
identity theft against an elderly or disabled person can be fined
up to one and one-half times the maximum fine, imprisoned for up
to one and one-half times the maximum sentence term, or both
(Section 570.233.3).

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am