HB 2180 -- Mental Health Services

Sponsor:  Harris (23)

This bill changes the laws regarding mental health services to
include privately funded mental health facilities and group
homes.  In its main provisions, the bill:

(1)  Allows patients, residents, or clients in mental health
facilities operated by the Department of Mental Health to request
and receive services only from employees of the state rather than
from private persons or entities under contract with the state;

(2)  Allows patients, residents, or clients who receive
state-subsidized care or services to have their case managed by a
qualified case worker employed by the state;

(3)  Requires the department to terminate a contract with a
vendor that has a pattern of abuse and neglect of patients,
residents, or clients or misappropriation of client funds or
property;

(4)  Specifies that the department cannot reduce the availability
of the type and amount of comprehensive psychiatric services
currently provided by the state, even if all or a portion of the
services are provided by private entities;

(5)  Requires the department, prior to the closure or downsizing
of any state mental health facility, to submit to the Senate
Appropriations Committee and the House Appropriations Committee
on Health, Mental Health, and Social Services a cost-benefit
analysis of and a written plan for the closure or downsizing;

(6)  Requires the department to classify the standards for each
type of facility, program, or group home into three classes
depending on the impact a violation would have on the client's or
resident's health, safety, or welfare and creates civil monetary
penalties for the violation of classified facility standards;

(7)  Prohibits a reduction in the number of residential beds in
state-operated facilities if there are any individuals on a
waiting list for services;

(8)  Defines "group home" as a residential facility serving nine
or fewer residents that provides basic health supervision,
training in skills of daily living and independent living and
community integration, and social support;

(9)  Requires all private group homes and mental retardation
facilities to be licensed by the department and be subject to the
same federal and state laws and regulations as state-operated
facilities;

(10)  Requires all employees of private group homes and mental
health facilities to be subject to the same training requirements
established for state mental health workers with comparable
positions and to be paid an amount at least equal to the average
hourly wage paid by the state to mental health workers with
comparable positions;

(11)  Requires private facilities and group homes that are
Medicaid-waiver providers to be subject to the same medical error
reporting requirements as other mental health facilities and
group homes;

(12)  Requires the Division of Mental Retardation and
Developmental Disabilities within the department to dismiss any
employee of a private mental health facility for purposely,
knowingly, and willfully violating a stated or written policy of
the division, any rule established by the division, or any state
law directly related to the provision of mental health services
regulated by the division;

(13)  Requires, beginning January 1, 2009, all private mental
health facilities and group homes to submit a comprehensive
quarterly report to the department on any staff and personnel
turnover.  The report must be submitted within 30 days after the
end of each calendar quarter and requires, beginning January 1,
2009, the department to submit an annual report to the General
Assembly by March 15 on the information; and

(14)  Prohibits the transfer of any person to a private mental
health facility or group home until the provisions of the bill
have been fully implemented.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm