SB 1153 - Under this act, the necessary statutory changes are made due to the transfer of the Division of Aging from the Department of Social Services to the Department of Health and Senior Services. This act also modifies provisions relating to protections for senior citizens and the disabled receiving care for in-home services, adult day care, or personal care assistance.
This act modifies the mandatory reporting provision affecting the senior citizens and the disabled receiving in-home care and adult-day care services to include personal care services. Mandatory reporters must also now immediately report to the Department of Health and Senior Services if there is reasonable cause to believe that a patient has been a victim of misappropriation of property or money belonging to the patient, or that the falsification of any documents verifying service delivery has occurred. SECTION 192.2130.2.
Upon receipt of a report that indicates an imminent danger to the health, safety, or welfare of a patient or substantial probability that death or serious physical injury will result, the department shall initiate an investigation within twenty-four hours. SECTION 192.2130.6
This act requires the department to keep the names of individuals submitting abuse, misappropriation, and falsification of document reports confidential unless the complainant agrees to the disclosure of his or her name, 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, RSMo. SECTION 192.2130.9
This act protects patients and patients' family members from eviction, harassment, or retaliation due to the filing of a report of a violation or suspected violation of the laws or regulations of this act. SECTION 192.2130.13
Any person who fails to make the required abuse, neglect or misappropriation of property report shall be guilty of a class A misdemeanor. Any provider who knowingly conceals abuse or neglect that results in the death or serious injury of the patient shall be guilty of a Class D felony. In addition, any provider who willfully and knowingly fails to report known abuse by an employee may be subject to a one thousand dollars per abuse violation administrative penalty by the Department of Health and Senior Services. SECTION 192.2153
This act extends the time a person can be listed on the employee disqualification list by one year if he or she is employed in a prohibited position while on the list. SECTION 192.2175.14
This act modifies the provision on providers being guilty of a Class A misdemeanor for knowingly hiring or retaining employees who have been convicted of, found guilty of, or pled guilty to specified crimes to include Class D felony violations of forgery and repeated instances of stealing. SECTIONS 192.2178.6
This act is similar to HB 1767 (2006).
ADRIANE CROUSE