SCS/SB 1071 - This act modifies provisions relating to care for the elderly.

VIOLATIONS - Section 198.026, RSMo, currently deals with a long term care facility's noncompliance and procedures for remedying the problems. If the Department of Social Services inspects a facility and finds a problem, a written report and correction order is issued. If problems are not corrected, the Department issues a notice of noncompliance.

This act provides that if a facility initially complies after its first violation but, within six months, the facility fails to comply, then the Department may automatically issue a notice of noncompliance and may proceed with additional penalties. The notice of noncompliance will inform the facility that the Department will impose civil penalties and will impose other sanctions or remedies as provided in 198.067. If the facility receives a notice of noncompliance and still fails to comply, then the Department may revoke or suspend the facility's license and may close the facility. The facility may to appeal this decision.

These provisions also apply to non-Medicare, non-Medicaid facilities licensed under Chapter 198, RSMo.

FAMILY CARE SAFETY REGISTRY - Currently, the Family Care Safety Registry and Access Line contains information on child care or elder care workers or providers. This act adds the Department of Mental Health's employee disqualification list to the Registry.

AUDITS - When the Department is issuing or renewing a facility's license, the Division of Aging may request a financial audit of a facility and, if the facility is owned by a corporate entity, of the facility's owner. The Division shall be provided with the most recent financial data available and all information will be kept confidential.
ERIN MOTLEY