HCS SCS SB 1081 -- MENTAL HEALTH CARE PROVIDERS AND SERVICES

This bill changes the laws regarding mental health care providers
and services.

FAMILY CARE SAFETY REGISTRY

Beginning January 1, 2009, the bill requires every mental health
worker to complete a registration form for the Family Care Safety
Registry.

COMPREHENSIVE PSYCHIATRIC SERVICES

The bill:

(1)  Includes suicide prevention intervention rendered in good
faith by a qualified counselor or any other person to the list of
care or services rendered in an emergency situation that are
immune from civil liability;

(2)  Requires facilities or programs operated, funded, or
licensed by the Department of Mental Health to disclose medical
record information to a patient's guardian or legal custodian as
allowed by the federal Health Insurance Portability and
Accountability Act;

(3)  Allows the use of security escort devices to maintain safety
and security and to prevent a patient from escaping when being
transported outside of a mental health facility;

(4)  Specifies that measures used to ensure the safety and
security of patients by the head of a mental health facility
during a natural or man-made disaster will not be considered
restraint, isolation, or seclusion;

(5)  Revises the definition of "mental health coordinator" to any
mental health professional authorized by the department director
to serve a designated area or mental health facility; and

(6)  Adds investigations regarding mental health admissions,
detentions for evaluation, and treatment by health care
professionals, public officials, and certain peace officers to
the list of actions that are immune from civil liability.

GROUP HOMES AND MENTAL RETARDATION FACILITIES

The bill:

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

(2)  Adds direct care staff in a group home or mental retardation
facility or program to the list of health care providers required
to report the suspected abuse of a patient to the department;

(3)  Requires group homes and mental retardation facilities to be
licensed by the department and subject to all federal and state
laws and regulations;

(4)  Requires mental health workers to be subject to the same
training requirements established for state mental health workers
with comparable positions;

(5)  Requires group homes and mental retardation facilities to be
subject to the same medical error reporting requirements as other
mental health facilities and group homes;

(6)  Requires any employee of a group home or mental retardation
facility who has been placed on the employee disqualification
list to be terminated;

(7)  Requires all mental health facilities, beginning January 1,
2009, to submit a comprehensive annual report on staff and
personnel turnover to the Department of Mental Health.  Reports
must be submitted within 30 days of the end of each calendar
year;

(8)  Requires the department, beginning January 1, 2009, to
collect information contained on the mental health facilities'
annual reports and submit a report to the General Assembly by
March 15 of each year; and

(9)  Prohibits the transfer of any person to a group home or
mental retardation facility that has received a notice of
noncompliance until there is an approved plan of correction.

PROVIDER ASSESSMENTS

The bill:

(1)  Defines "intermediate care facility for the mentally
retarded" as it relates to health care for the developmentally
disabled and provider assessments;

(2)  Requires each intermediate care facility for the mentally
retarded, beginning July 1, 2008, to pay a monthly assessment on
its net operating revenue.  Alternatively, the facility may
direct the Department of Social Services to offset the amount of
the assessment for any month from any payment made by the state
to the provider;

(3)  Creates the Intermediate Care Facility-Mentally Retarded
Reimbursement Allowance Fund for the deposit of assessment
payments;

(4)  Requires each provider to maintain records for determining
the amount of the assessment due.  Beginning July 1, 2008, each
provider must submit a report, within 45 days of the end of each
month, to the Department of Social Services with the information
needed to determine the amount of the assessment due;

(5)  Requires each provider to submit a certified annual report
of its net operating revenue.  Final assessments are payable upon
the due date of the report;

(6)  Specifies that the Department of Social Services must
withhold payments to a provider upon the receipt of notification
from the Department of Mental Health of delinquent payment of
assessments; and

(7)  Establishes guidelines for hearings and final decisions when
a provider disputes the estimated amount of the delinquent
assessment.

The provisions regarding provider assessments will expire
June 30, 2009.

The bill contains an emergency clause for the provisions
regarding provider assessments.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:13 pm