HB 1374 -- Long-Term Care Facilities

Sponsor:  Kelly (27)

This bill increases the civil monetary penalty ranges for
violations of class I, II, and III standards for long-term care
facilities.  It also increases the penalty range for violations
of federal standards that are not violations of state law or
regulation.  The bill also increases the maximum penalty for
violations that result in serious physical injury or sexual
abuse.

Currently, civil monetary penalties are required to be reduced by
the amount the facility operator has paid for the breach of the
same federal standards.  The bill makes the reduction in the
civil monetary penalty discretionary and requires the state
action to arise out of the same conduct as the violation that
incurred the federal penalty.

A written notice of noncompliance must be given to the Attorney
General.  The Attorney General may bring suit against a licensed
facility operator to recover civil monetary penalties.

The Department of Social Services is allowed to revoke a facility
license when the operator of a facility is cited for failure to
comply with a class I standard twice in a 24-month period or for
failure to comply with a class II or class III standard twice in
a 12-month period.

Currently, nursing assistants must have successfully completed a
training program or enroll in one within 90 days of their
employment.  The bill requires that nursing assistants enroll in
a program within 60 days and complete the program within 90 days
of their employment.  The facility can establish and carry out a
training program as long as it has not been cited for certain
violations within a certain time period.  The department is
required to approve training programs before they are offered or
provided by the facility.  The bill requires that supervised
on-the-job training for nurse assistants be completed within 90
days of their employment, and it changes the required number of
hours of basic orientation for nursing assistants from 12 to 30.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am