HB 1887 -- In-Home Services for the Elderly

Co-Sponsors:  Ladd Baker, Hosmer

This bill makes additions to sections pertaining to the
investigation of elder abuse.  In its major provisions, the bill:

(1)  Requires all Medicaid participation agreements between the
Department of Social Services and in-home provider agencies to
require that service providers be trained on abuse and neglect
identification, prevention, and reporting;

(2)  Requires the Department of Health and Senior Services to
investigate reports of abuse or neglect that indicate a clear and
immediate danger within 24 hours;

(3)  Makes in-home services providers, employees of local area
agencies on aging, home health agencies and their employees, and
employees of organized area agencies on aging programs mandated
reporters of abuse or neglect of an in-home services client;

(4)  Requires allegations of abuse or neglect reported by an
in-home services provider to be investigated by the client's case
manager;

(5)  Authorizes area agencies on aging to provide training to
mandated reporters on the detection and report of abuse and
neglect;

(6)  Requires the department to maintain contact with physicians
who make reports of abuse or neglect of in-home services clients
about the progress of the
investigation;

(7)  Establishes civil penalties for in-home services providers;

(8)  Makes in-home services providers and home health agencies
guilty of a class A misdemeanor for knowingly employing
individuals who are on the employee disqualification list, who
refuse to register with the Family Care Safety Registry, or who
appear on any of the background checks included in that registry;

(9)  Requires evaluations, called "Safe at Home Evaluations," to
be conducted to determine a client's physical, mental, and
environmental capacity and to assure that the client has the
appropriate services and professionals involved in his or her
care;

(10)  Requires nurse visits at least two times a year to assess
clients and their plan of services and to report the results of
the assessment to the case manager.  If a change in the plan of
services is necessary, the provider must notify the department so
that a client evaluation can be conducted.  If the department has
authorized services, nurse visits must be reimbursed to the
in-home services provider outside of the nursing home cap for
in-home clients whose services have reached 100% of the average
statewide charge for care and treatment in an intermediate care
facility;

(11)  Requires in-home services clients to be advised of their
rights by the department.  These rights include the right to
contact the department about dissatisfaction with in-home
services or providers;

(12)  Requires the department to investigate reports of elder
abuse, refer these reports to the appropriate law enforcement
agency and prosecutor, and determine whether protective services
are required;

(13)  Requires employees of the department and law enforcement
personnel to be trained in the handling of elder abuse cases and
to develop a checklist for investigating reports of elder abuse;
and

(14)  Requires the department to establish a telephone check-in
pilot project for in-home services employees by July 1, 2003.


The bill also makes certain technical changes.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am