HB 2242 -- Veterans Homes and Mental Health Facilities

Sponsor:  Walsh

This bill establishes the Safe Staffing and Quality Care
Accountability Act for Veterans Homes and the Safe Staffing and
Quality Care Accountability Act for Mental Health Facilities.

SAFE STAFFING AND QUALITY CARE ACCOUNTABILITY ACT FOR VETERANS
HOMES

The bill:

(1)  Requires all veterans homes to adopt minimum staffing ratios
to ensure client and worker safety;

(2)  Requires all veterans homes to employ sufficient direct care
staff necessary to provide the active treatment as prescribed in
a client's individualized habilitation or treatment plan or plan
of care;

(3)  Requires the Missouri Veterans Commission to adopt and
maintain minimum staffing ratios for all veterans homes;

(4)  Specifies limits for the assigned duties of direct care
staff and requires that minimum staffing ratios apply to staff
with direct care responsibilities;

(5)  Prohibits mandatory overtime from counting toward the
minimum staffing ratios;

(6)  Prohibits the direct care staff of the commission from being
transferred to a general acute care hospital if a client of a
veterans home is hospitalized in an acute care facility;

(7)  Requires veterans homes to document and submit monthly to
the commission specified staffing information per nursing unit,
per shift, and day of the week;

(8)  Specifies when and the amount of mandatory overtime that may
be required of direct care staff;

(9)  Requires complaints of violations of the staffing ratios to
be filed on a form which will be distributed to veterans home
supervisors and the commission.  The executive director of the
commission is required to investigate all complaints;

(10)  Requires the commission to issue a plan of correction
within two days upon receiving evidence of a violation in a
veterans home and follow up to ensure that the plan is
implemented;

(11)  Establishes whistle-blower protections for direct care
staff and a cause of action provision for staff who sustain a
personal injury resulting from a violation of the act;

(12)  Requires staff transportation clients to have adequate
direct care escort staff; and

(13)  Exempts direct care staff from responsibility for adverse
events resulting from a violation of the act.  Management
personnel of a veterans home will be held responsible for harm to
clients resulting from insufficient staffing.

SAFE STAFFING AND QUALITY CARE ACCOUNTABILITY ACT FOR MENTAL
HEALTH FACILITIES

The bill:

(1)  Requires all mental health facilities operated by the
divisions of Comprehensive Psychiatric Services and Mental
Retardation and Developmental Disabilities within the Department
of Mental Health to adopt minimum staffing ratios to ensure
client and worker safety;

(2)  Requires all mental health facilities to employ sufficient
direct care staff necessary to provide the active treatment as
prescribed in a client's individualized habilitation or treatment
plan or plan of care;

(3)  Requires the department to adopt and maintain minimum
staffing ratios for all department facilities;

(4)  Prohibits additional duties for certain direct care staff
and requires that minimum staffing ratios apply to staff with
direct care responsibilities;

(5)  Prohibits mandatory overtime from counting toward the
minimum staffing ratios;

(6)  Prohibits the direct care staff of the department from being
transferred to a general acute care hospital if a client of a
mental health facility is hospitalized in an acute care hospital;

(7)  Requires mental health facilities to document and submit
monthly to the department specified staffing information per
nursing unit, per shift, and day of the week;

(8)  Specifies when and the amount of mandatory overtime that may
be required of direct care staff;

(9)  Requires complaints of the staffing ratios to be filed on a
form which will be distributed to facility supervisors and the
department.  The department director is required to investigate
all complaints;

(10)  Requires the department to issue a plan of correction
within two business days upon receiving evidence of a violation
in a mental health facility and follow up to ensure that the plan
is implemented;

(11)  Establishes whistle-blower protections for direct care
staff and a cause of action provision for staff who sustain a
personal injury resulting from a violation of the act;

(12)  Requires staff transportation clients to have adequate
direct care escort staff; and

(13)  Exempts direct care staff from responsibility for adverse
events resulting from a violation of the act.  Management
personnel of a mental health facility will be held responsible
for harm to clients resulting from insufficient staffing.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm