HB 349 -- Protection of the Elderly

Co-Sponsors:  Hosmer, Ladd Baker, Britt, Selby, Bray, McKenna,
Crawford, Johnson (61), Williams, Kennedy, Boucher, Kelly (27),
Relford, Campbell, Reynolds

This bill modifies the law relating to protection of the
elderly.  In its major provisions, the bill:

(1)  Creates a new chapter on protection of the elderly and
transfers several existing statutory sections to this chapter;

(2)  Requires reports of suspected elder abuse to be referred to
the appropriate law enforcement agency.  Current law requires
only substantiated reports to be referred.  The Division of
Aging is also required to investigate immediately any report of
elder abuse or neglect that involves a threat of imminent harm;

(3)  Requires the division and law enforcement agencies to
cross-train personnel in investigating cases of suspected elder
abuse;

(4)  Makes it a class A misdemeanor for a health care provider
to knowingly hire an applicant whose name appears on the
Division of Family Services' central registry for child abuse
and neglect; who has had a foster care license refused,
suspended, or revoked; or who has been disqualified from
employment by the Department of Mental Health.  This provision
has an emergency clause;

(5)  Allows the Attorney General to handle Medicare fraud
investigations.  The bill also allows the Attorney General to
obtain investigative subpoenas and search warrants in connection
with investigations of abuse cases;

(6)  Authorizes the Division of Aging, when confronted with
violations or deficiencies related to staffing, to implement
corrective actions such as staffing ratios, training plans, or
plans related to staff supervision;

(7)  Requires facilities to meet or exceed federal requirements
concerning the posting of deficiencies;

(8)  Makes it a class A misdemeanor for a division employee to
knowingly disclose the time of an unannounced inspection of a
facility licensed by the division and requires the division to
terminate his or her employment;

(9)  Raises the public assistance and Medicaid eligibility asset
limit from $2,000 to $7,000 for a couple.  The bill also allows
the elderly and persons qualifying for total disability benefits
with incomes up to 100% of the federal poverty level to qualify
for Medicaid;

(10)  Requires the Division of Medical Services to remit
Medicaid payments to long-term care facilities for newly
admitted residents within 45 days of admission; and

(11)  Requires the Division of Aging to restructure the adult
day care program by examining the program's requirements,
offering additional reimbursement for transportation to such
services, and streamlining regulations governing long-term care
facilities that offer adult day care services.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:43 am