HB 1731 -- Veterans Homes and Mental Health Facilities

Sponsor:  Walsh

This bill establishes the Safe Staffing and Quality Care
Accountability Act for Veterans Homes and the Safe Staffing and
Quality Care Accountability Act for Mental Health Facilities.

VETERANS HOMES

The bill:

(1)  Requires all veterans homes to adopt minimum staffing ratios
to ensure client and worker safety;

(2)  Requires veterans homes to employ the direct care staff
necessary to provide the active treatment as prescribed in a
client's habilitation plan, individualized treatment plan, or
plan of care;

(3)  Requires the Missouri Veterans Commission to adopt and
maintain specified minimum staffing ratios for all veterans
homes;

(4)  Specifies limits for the assigned duties of direct care
staff and requires that minimum staffing ratios apply to staff
with direct care responsibilities;

(5)  Prohibits mandatory overtime from counting toward the
minimum staffing ratios and specifies the use of mandatory
overtime for direct care staff;

(6)  Prohibits the direct care staff of the commission from being
transferred to a general acute care hospital in the event that a
client of a veterans home is hospitalized in an acute care
facility;

(7)  Requires veterans homes to document and submit monthly to
the commission specified staffing information per nursing unit,
per shift, and day of the week;

(8)  Requires complaints of the staffing ratios to be filed on a
form which will be distributed to veterans homes and the
commission.  The executive director of the commission is required
to investigate all complaints within two business days;

(9)  Specifies corrective measures to be instituted by the
commission in the event that violations are found in a veterans
home;

(10)  Establishes whistle-blower protections for direct care
staff and a cause of action provision for staff who sustain a
personal injury resulting from a violation of the bill;

(11)  Requires adequate direct care transport staff and drivers;
and

(12)  Exempts direct care staff from responsibility for adverse
events resulting from a violation of the bill.  Management
personnel of a veterans home will be held responsible for harm to
clients resulting from insufficient staffing.

MENTAL HEALTH FACILITIES

The bill:

(1)  Requires mental health facilities operated by the divisions
of Comprehensive Psychiatric Services and Mental Retardation and
Developmental Disabilities within the Department of Mental Health
to adopt minimum staffing ratios to ensure client and worker
safety.  Facilities operated by the Division of Alcohol and Drug
Abuse within the department are excluded;

(2)  Requires mental health facilities to employ the direct care
staff necessary to provide the active treatment as prescribed in
a client's habilitation plan, individualized treatment plan, or
plan of care;

(3)  Requires the department to adopt and maintain minimum
staffing ratios for all department facilities;

(4)  Specifies limits for the assigned duties of direct care
staff and requires that minimum staffing ratios apply to staff
with direct care responsibilities;

(5)  Prohibits mandatory overtime from counting toward the
minimum staffing ratios and specifies the use of mandatory
overtime for direct care staff;

(6)  Prohibits the direct care staff of the department from being
transferred to a general acute care hospital in the event that a
client of a mental health facility is hospitalized in an acute
care hospital;

(7)  Requires mental health facilities to document and submit
monthly to the department specified staffing information per
nursing unit, per shift, and day of the week;

(8)  Requires complaints of the staffing ratios to be filed on a
form which will be distributed to facility supervisors and the
department.  The department director is required to investigate
all complaints within two business days;

(9)  Specify corrective measures to be instituted by the
department in the event that violations are found in a mental
health facility;

(10)  Establishes whistle-blower protections for direct care
staff and a cause of action provision for staff who sustain a
personal injury resulting from a violation of the bill;

(11)  Requires adequate direct care transport staff and drivers;
and

(12)  Exempts direct care staff from responsibility for adverse
events resulting from a violation of the bill.  Management
personnel of a mental health facility will be held responsible
for harm to clients resulting from insufficient staffing.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm