HB 1516 -- Protections for Vulnerable Adults and Children

Sponsor:  Bruns

This bill changes the laws regarding protections for vulnerable
adults and children.  In its main provisions, the bill:

(1)  Adds reducing the incidents of financial exploitation of the
elderly to the public education and awareness program
administered by the Department of Health and Senior Services
(Section 192.925, RSMo);

(2)  Transfers the Division of Aging from the Department of
Social Services to the Department of Health and Senior Services
(Section 192.2000);

(3)  Transfers the powers, duties, and functions of the Board of
Nursing Home Administrators to the Department of Health and
Senior Services from the Department of Social Services (Section
192.2000.9);

(4)  Revises the definition of "protective services" to mean a
service provided by the state or other governmental or private
organizations or individuals which are necessary for the eligible
adult to meet his or her essential human needs (Section
192.2003);

(5)  Grants immunity from civil and criminal liability for any
person making a report of abuse or neglect to the Department of
Health and Senior Services unless the person acts negligently,
recklessly, in bad faith, or with malicious purpose (Sections
192.2103.5 and 192.2150.11);

(6)  Defines "consumer," "in-home services," "misappropriation,"
"personal care attendant," "principal," "patient," "provider,"
and "resident" relating to abuse and neglect of the elderly, the
disabled, and children (Section 192.2150);

(7)  Requires any health service provider, health service vendor
employee, personal care attendant, or any person having
reasonable cause to believe that a patient or consumer has been a
victim of misappropriation of a patient's money or property or
has falsified documents verifying delivery of health care
services must report the information to the Department of Health
and Senior Services within 24 hours of discovering the act
(Sections 192.2150.2 and 192.2150.3);

(8)  Requires the Department of Health and Senior Services, upon
receipt of an imminent danger report, to initiate a thorough
investigation promptly, but removes the 24-hour time requirement.
If an investigation indicates a crime has occurred, the
appropriate law enforcement agency and the prosecutor must be
notified.  The department must notify the resident's legal
representative of the report and investigation status when it
involves a resident who has been appointed a guardian and/or
conservator or who is incapacitated and resides at a
state-licensed facility.  The department may also notify the
resident's family members or guardians (Section 192.2150.6 and
192.2150.7);

(9)  Requires the Department of Health and Senior Services to
keep confidential the names of individuals submitting abuse and
misappropriation reports unless the complainant agrees to the
disclosure of his or her name; it is necessary to prevent further
abuse and neglect, misappropriation of funds, or document
falsification; the name of the complainant is lawfully
subpoenaed; the release of a name is required by the
Administrative Hearing Commission; or the release of a name is
requested by the Department of Social Services for the purpose of
licensure under Chapter 210 (Section 192.2150.9);

(10)  Requires the Department of Health and Senior Services to
add persons who have falsified documents verifying service
delivery to consumers or have misappropriated property or moneys
belonging to consumers to the employee disqualification list
(Section 192.2150.12);

(11)  Protects a patient and the patient's family members or an
employee from eviction, harassment, or retaliation due to the
filing of a report of a violation or suspected violation of the
provisions of the bill (Section 192.2150.13);

(12)  Requires potential patients and consumers whose services
are funded by the MO HealthNet Program to be checked against the
sexual offender registry and requires the Department of Health
and Senior Services to notify providers at the time of referral
if a patient or consumer is on the registry (Section
192.2150.15);

(13)  Specifies that any person failing to file a required report
within the time guidelines and any person or provider who misuses
or diverts the consumer's use of any personal property or money
or falsifies service delivery documents will be guilty of a class
A misdemeanor.  Any provider or employee who knowingly conceals
abuse or neglect that results in the death or serious injury of a
patient will be guilty of a class D felony (Sections 192.2153.1 -
192.2153.3);

(14)  Authorizes the Department of Health and Senior Services to
assess a $1,000 fine on any provider who willfully and knowingly
fails to report known abuse by an employee (Section 192.2153.4);

(15)  Specifies that any person or entity who unlawfully
discloses information from the employee disqualification list
will be guilty of an infraction; and upon request from the
Division of Employment Security within the Department of Labor
and Industrial Relations, the Department of Social Services must
provide copies of employee investigation reports of those on the
list.  Those persons on the list cannot be paid from public
moneys for personal care assistant services (Sections
192.2153.11 - 192.2153.13);

(16)  Requires health care providers or employment agencies to
inquire to the Department of Health and Senior Services if a full
or part-time applicant for employment which involves consumer
contact is on the employee disqualification list prior to hiring
the applicant (Section 192.2178.3);

(17)  Prohibits, as of August 28, 2008, a provider from hiring
any person with a disqualifying history unless the person has
submitted an approved good cause waiver.  Providers cannot
continue to employ people who were employed prior to August 28,
2008, with disqualifying backgrounds after March 1, 2009, unless
the person submits an approved good cause waiver prior to January
1, 2009.  An employer who knowingly hires a person who is a
registered sexual offender on or after August 28, 2008, will be
guilty of a class A misdemeanor (Sections 192.2178.7 and
192.2178.8);

(18)  Specifies that a consumer-directed service consumer or
hospice will be guilty of a class A misdemeanor if it does not
request a background screening check from the family care safety
registry prior to allowing the employee to have contact with an
in-home patient (Section 192.2178.9);

(19)  Prohibits any state or federal funding for personal care
assistance services if the attendant is on the employee
disqualification list; is a registered sexual offender; or has a
disqualifying criminal history, unless a good cause waiver is
obtained (Section 208.909.4);

(20)  Defines "related personal care" as care provided for a
person with a physical or medical disability by an adult relative
as it relates to the Family Care Safety Act (Section 210.900.2);
and

(21)  Requires any person responsible for the care of a person 60
years of age or older who has cause to suspect that the person
has been abused, neglected, or financially exploited by a person,
firm, or corporation to make a report to the Department of Health
and Senior Services (Section 565.188.1).

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm