HCS HB 829 & 1254 -- BACKGROUND INFORMATION ON NURSING HOME STAFF

CO-SPONSORS:  Smith (May)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Science,
Technology and Critical Issues by a vote of 14 to 0.

The substitute establishes fees and procedures for background
checks that providers of nursing and medical treatment
facilities must follow before hiring certain employees. The
substitute:

(1) Defines "patient or resident" and expands the definition for
"provider" to include providers of in-home services, employers
of nurses or nursing assistants, temporary health care placement
agencies, persons who issue certificates for nursing assistants
training, and any entity licensed as a medical treatment
facility;

(2) Beginning August 28, 1996, within 48 hours of hiring any
person for a full-time, part-time, or temporary position that
has contact with any patient or resident the provider, or a
temporary employment agency providing an employee to a provider,
must request (a) a fingerprint criminal records review check and
(b) a check with DSS as to whether the person is listed on the
employee disqualification list.  The cost of the criminal
history check can not be more than $10 to be paid by the
requesting entity;

(3) Requires the applicant for a position that has contact with
patients or residents to: (a) sign a consent form allowing a
criminal records check; (b) disclose past criminal history; and
(c) disclose if the applicant is listed on the employee
disqualification list; and

(4) Makes a provider guilty of a class A misdemeanor who
knowingly hires or continues to employ a person convicted of a
violent felony or sexual offense.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0
in FY 97, $81,940 to $303,863 in FY 98, and $81,940 to $303,863
in FY 99.  Estimated Net Increase to Criminal Records System
Fund of $1,074,825 in FY 97, $1,278,822 in FY 98, and $1,274,613
in FY 99.

PROPONENTS:  Supporters say that the bill would allow criminal
background checks for health care employees that have direct
contact with patients.  Several cases were cited acknowledging
criminal behavior such as rape to patients or residents of
health care facilities.

Testifying for the bill were Representative Whiteside and May;
Missouri Association Of Homes For The Aging; Tiffany Care
Center; Missouri Health Care Association; Joyce Server, victim's
family; Office of the Attorney General; Chartwell Homes; and
Lincoln Manor.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 829 -- Background Information on Nursing Home Staff

Sponsor:  Whiteside

Beginning August 28, 1996, this bill requires persons applying
for a position or currently working as a nursing assistant in a
nursing home to sign a form disclosing information regarding
their criminal history, whether or not they have been reported
in any cases of abuse or neglect in a nursing home, or if they
are listed on the Department of Social Services employee
disqualification list for in-house service clients.

Any person who deliberately provides false information on the
disclosure form will be guilty of a class A misdemeanor.