HCS SS SCS SB 89 -- PUBLIC SAFETY

SPONSOR:  Stouffer (Wasson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety by a vote of 10 to 0.

This substitute changes the laws regarding public safety.  In its
main provisions, the substitute:

(1)  Requires certain homebuilders to offer to any purchaser the
option to install or equip his or her dwelling or residence with
a fire sprinkler system at the purchaser's cost (Section 67.281,
RSMo);

(2)  Adds reducing the incidents of financial exploitation of the
elderly to the public education and awareness program regarding
elder abuse and neglect administered by the Department of Health
and Senior Services (Section 192.925);

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

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

(5)  Revises the definition of "protective services" as a service
provided by the state or other governmental or private
organization or individual to ensure the safety and well being of
an elderly person or an adult with disabilities who is in danger
of being mistreated or neglected and unable to take care of or
protect himself or herself from harm (Section 192.2003);

(6)  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);

(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 to 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, 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, guardians, or
conservators (Sections 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 an in-home services consumer or who have
misappropriated property or moneys belonging to these consumers
to the employee disqualification list for employees of any
provider or consumer (Section 192.2150.12);

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

(12)  Requires potential in-home services patients and consumers
whose services are funded by the MO HealthNet Program to be
checked against the sexual offender registry maintained by the
State Highway Patrol 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 an in-home services 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 of in-home services who
willfully and knowingly fails to report known abuse by an
employee.  Any provider may seek a review of a department's
decision by the Administrative Hearing Commission which may be
appealed to the circuit court in the county where the violation
occurred (Section 192.2153.4);

(15)  Specifies that any person or entity providing in-home
services who unlawfully discloses information from the employee
disqualification list will be guilty of an infraction.  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 individuals on the list.  Persons on the list cannot
be paid from public moneys for personal care assistant services
(Sections 192.2175.11 - 192.2175.12);

(16)  Requires health care providers or employment agencies to
make inquires to the Department of Health and Senior Services to
determine 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, 2009, 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 hired prior to August 28,
2009, with disqualifying backgrounds unless the person submits an
approved good cause waiver.  An employer who knowingly hires a
person who is a registered sexual offender on or after August 28,
2009, will be guilty of a class A misdemeanor (Sections
192.2178.7 and 192.2178.8);

(18)  Specifies that a consumer-directed services vendor 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 an employee to have contact with an
in-home patient (Section 192.2178.10);

(19)  Clarifies existing language regarding which facilities are
required to comply and the date by which they must comply with
the provisions regarding the installation of sprinkler systems
and allows the Department of Health and Senior Services to
conduct fire safety inspections of skilled nursing or
intermediate care facilities for compliance with state statutes
regarding the installation of the sprinkler system (Section
198.074);

(20)  Allows any long-term care facility licensed under Chapter
198 to request criminal background checks of a resident (Section
198.187);

(21)  Specifies that no person may be assigned to inspect or
survey a long-term care facility if he or she was an employee of
the facility in the preceding two years (Section 198.525);

(22)  Establishes the Missouri Informal Dispute Resolution Act
which requires the Department of Health and Senior Services to
establish and utilize an informal dispute resolution process when
evaluating the performance of inspectors enforcing regulation
standards upon licensed long-term care facilities in the state
(Section 198.545);

(23)  Increases the grant amount that MO HealthNet participants
with disabilities transitioning from nursing homes back into the
community are eligible to receive from $1,500 to $2,400, allows
senior citizens to be eligible for the grant, moves grant
administration from the Division of Vocational Rehabilitation
within the Department of Elementary and Secondary Education to
the Division of Senior and Disability Services within the
Department of Health and Senior Services in consultation with the
Department of Social Services, and changes the responsibility for
developing information and training on community-based service
options for residents transitioning into the community to the
departments of Health and Senior Services and Mental Health
(Section 208.819);

(24)  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);

(25)  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);

(26)  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.  Any person who purposely files a false
report will be guilty of a class D felony (Section 565.188);

(27)  Specifies that any person who commits the offense of
identity theft against an elderly or disabled person can be fined
up to one and one-half times the maximum fine, imprisoned for up
to one and one-half times the maximum sentence term, or both
(Section 570.223.3); and

(28)  Allows the Elevator Safety Board within the Department of
Insurance, Financial Institutions and Professional Registration
to adopt a code of rules and regulations governing the licenses
of elevator mechanics and elevator contractors (Section 701.355).

The provisions regarding homebuilders installing a fire sprinkler
system at the purchaser's cost will expire August 28, 2011.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of
$1,465,017 in FY 2010, $820,052 in FY 2011, and $842,713 in FY
2012.  Estimated Income on Other State Funds of $3,234,000 in FY
2010, $501,600 in FY 2011, and $501,600 in FY 2012.

PROPONENTS:  Supporters say that the bill changes the laws
regarding long-term care facility inspections to provide for fair
assessments of the facilities.

Testifying for the bill were Senator Stouffer; Missouri
Association of Homes for the Aging; Missouri Health Care
Association; and Missouri Coalition for Quality Care.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am