HB0329 Backer, Gracia Y

P R E F I L E D

HB 329 -- Department of Mental Health

This bill adds the Director of the Health Department as an administrator of a facility with the authority to draw a warrant payable to the revolving fund custodian of the particular state operated facility in an amount determined by the director. Directors of the Department of Mental Health and the Department of Social Services currently have the same authority. The bill also increases the amount that may be drawn from $4,000 to $8,000 for each facility. The use of such money is specified.

The Department of Mental Health may deposit funds for the use of the department in the state treasury in the designated account of the Mental Health Earnings Fund. Once appropriated to the department, these funds may be used to support programs, services, and activities of the department. Acceptable fees and revenues include: (1) Medicare revenue; (2) Medicaid revenue; and (3) revenue from managed care, consortia and other service contracts. The Department of Mental Health is required to keep accurate records relating to the source of funds and the specified purpose of the expenditure. These funds are tracked to assure that the expenditures are for the specified purpose. The Department of Mental Health may create rules and regulations as needed to administer the provisions relating to the Mental Health Earnings Fund.

Provisions are added to handle the disposition of unclaimed funds of patients of the Department of Mental Health. When a patient or resident leaves the care of the facility and leaves behind personal funds, reasonable efforts will be made to return the personal funds to the rightful owner. When a patient dies, the facility may dispose of the funds through the probate court or to the heirs, if they can be found. Alternatively, the facility may claim these funds for unmet expenses according to procedures established by the director.

One year from the date of a patient's departure, if the rightful owner of the funds cannot be found, the following methods will be used to dispose of the money:

(1) Amounts less than $100 revert to the state of Missouri, entrusted absolutely and forever preventing anyone from claiming the funds.

(2) Amounts of $100 or more will be deposited into the state treasury to the General Revenue fund in an account designated as escheat. Claims may be made on this fund up to 2 years after the initial deposit. After 2 years, these funds escheat and vest absolutely in the state of Missouri credited to the Mental Health Trust Fund. At that time, everyone is forever barred from claiming these funds. The time period has been reduced from 5 years to 2 years that funds of $100 or more are transferred to the escheats account.

Disposition of unclaimed personal property of a patient is involved when a patient leaves the care of the department and leaves behind any article of tangible personal property in the custody of the facility department head. The time period has been reduced to one year instead of 3 years from the date of the patient's departure to transfer the personal property to the state agency for surplus property so that it may be sold at a public or private sale. Net proceeds of the sale are transmitted by the Commissioner of Administration to the Director of Revenue for deposit in the General Revenue Fund. Once these funds are received, they are deposited in the Mental Health Earnings Fund to be appropriated for: (1) alcohol and drug rehabilitation services for indigent persons; and (2) the development and certification of alcohol and related traffic offender programs.