TRULY AGREED
SS SCS HCS HB 316, 660 & 203 -- LONG-TERM CARE; ELDER ABUSE AND
NEGLECT; SPECIAL NEEDS ADOPTION; BEDDING
This bill contains provisions on the elderly, adoption, and
bedding.
LONG-TERM CARE FACILITIES
The bill prohibits penalties collected from residential care,
intermediate care, and skilled nursing care facilities for
violations of standards under the Omnibus Nursing Home Act from
being considered as charitable contributions for tax purposes.
The bill states that it is a crime under Section 565.186, RSMo,
to purposely file a false report of elder abuse or neglect of a
resident of a residential care, intermediate care, or skilled
nursing care facility.
The timely self-reporting to the central registry by such a
facility of elder abuse and neglect will be regarded as self-
reporting, not as a hotline call.
SHARED CARE PROGRAM
The bill establishes a new program within the Division of Aging
in the Department of Social Services entitled "Shared Care."
The primary purposes of the program are to provide care and
protective oversight of certified elderly persons and support
services for those caring for such persons by increasing the
awareness of available private and governmental services, and by
providing a tax credit to qualifying persons. The program also
seeks to promote community involvement by encouraging the
establishment of local support groups, the dissemination of
information, and the provision of education and training at no
cost to families caring for a certified elderly person.
Families providing long-term care for a certified elderly person
can register with the Division of Aging as a shared care member
and will become a registered care giver.
The Director of the Division of Aging will perform various
duties which include establishing rules and procedures for the
program and maintaining a registry of shared care members and
providers. The director, in conjunction with the Department of
Revenue, will develop a physician certification for shared care
tax credit form to be given to registered care givers on request
and a Division of Aging certification for shared care tax credit
form to be given to registered care givers on request when a
Division of Aging assessment has been completed.
Registered care givers living in the same residence as an
elderly person at least 6 months per year and who file the
physician certification form or the Division of Aging
certification form with their Missouri income tax return may be
eligible for the tax credit to help offset the costs of caring
for a certified elderly person. This tax credit is available
only if the certified elderly person is not receiving funding or
services through Medicaid or through the social services block
grant, and is limited to $500 per certified elderly person per
year.
The tax credit may be claimed for calendar year 2000 and
thereafter. The bill further provides that anyone who falsifies
any document related to shared care tax credit is subject to the
same penalties as those provided for falsifying income tax
documents.
ELDER ABUSE AND NEGLECT AWARENESS PROGRAM
The Department of Health is required to implement an education
and awareness program to increase the public's awareness of
elder abuse and neglect.
To reduce the incidence of elder abuse and neglect, the program
can focus on the education and awareness of mandatory reporters
and their responsibility to report such cases; target education
and awareness for the public about identifying and reporting
elder abuse and neglect; publicize the telephone number of the
elder abuse and neglect hotline; educate law enforcement
agencies and prosecutors on identifying elder abuse and neglect
cases and the importance of prosecuting such cases; and
publicize the availability of background checks for potential
care givers.
The Department of Social Services, hospitals, nursing homes, and
other health care facilities are required to cooperate fully
with the Department of Health in order to distribute information
about the program.
TAX CREDITS FOR THE ADOPTION OF SPECIAL NEEDS CHILDREN
For adoptions of special needs children after January 1, 2000,
this bill allows 50% of the tax credit to be claimed upon
placement of the child and the remaining 50% of the tax credit
to be claimed when the adoption is final. The tax credits can
be assigned, sold, and transferred in their entirety. A limit
of $2 million is placed on total credits that may be claimed by
individuals and business entities in any one fiscal year.
LONG-TERM CARE FACILITIES AND MANAGED CARE ENROLLEES
The Department of Social Services is required to develop a
uniform and comprehensive mandatory course of instruction for
inspectors and surveyors of long-term care facilities.
The department is also required to evaluate the eligibility,
training, and testing requirements of the inspector and surveyor
positions. Periodic performance evaluations of inspectors and
surveyors can occur regionally and statewide under the direction
of the department.
Enrollees of a managed care organization, who are residents of a
long-term care facility or a continuing care retirement
community, can have the option of receiving covered services in
the long-term care facility which serves as the enrollee's
primary residence. The managed care organization can reimburse
the resident facility at a rate not less than the Medicare
allowable rate as contained in the Medicare rules and
regulations.
A resident facility is not allowed to charge enrollees for
specified services, create disincentives, or prohibit a
carrier's participating providers from providing covered
benefits to enrollees in the facility.
REGULATION OF BEDDING
The Department of Health is given authority to regulate the
manufacture, sale, repair, sanitation, and renovation of bedding
and the use of materials for used bedding. The authority of the
Director of the Department of Social Services to do this is
repealed. The bill requires the use of consumer protection
labels and specifies the dimension, material, and content of
such labels. The registration of manufacturers, renovators, and
sanitizers with the Department of Health is required. A
violation of these provisions will be a class A misdemeanor.
PERFECTED
HCS HB 316, 660 & 203 -- THE SHARED CARE PROGRAM; REGULATION OF
BEDDING; ELDER ABUSE AND NEGLECT (Ladd Stokan)
This substitute establishes a new program within the Division of
Aging in the Department of Social Services entitled "Shared
Care." The primary purposes of the program are to provide care
and protective oversight of certified elderly persons and
support services for those caring for such persons by increasing
the awareness of available private and governmental services,
and by providing a tax credit to qualifying persons. The
program also seeks to promote community involvement by
encouraging the establishment of local support groups, the
dissemination of information, and the provision of education and
training at no cost to families caring for a certified elderly
person. Families providing long-term care for a certified
elderly person can register with the Division of Aging as a
Shared Care member and will become a registered care giver.
The director of the Division of Aging will perform various
duties which include maintaining a registry of Shared Care
members and providers. The director, in conjunction with the
Department of Revenue, will develop a physician certification
form to be given to registered care givers on request and a
Division of Aging certification form to be given to registered
care givers on request when a Division of Aging assessment has
been completed.
Registered care givers living in the same residence as an
elderly person at least 6 months per year and who file the
physician certification form or the Division of Aging
certification form with their Missouri income tax return may be
eligible for the tax credit to help offset the costs of caring
for a certified elderly person. This tax credit is available
only if the certified elderly person is not receiving funding or
services through Medicaid or through the Social Services Block
Grant, and is limited to $500 per certified elderly person per
year.
The tax credit may be claimed for calendar year 2000 and
thereafter. The substitute further provides that anyone who
falsifies any document related to Shared Care tax credit is
subject to the same penalties as those provided for falsifying
income tax documents.
The Department of Health is given authority to regulate the
manufacture, sale, repair, sanitation, and renovation of bedding
and the use of new and secondhand materials for bedding. The
authority of the director of the Department of Social Services
to do this is repealed. The substitute requires the use of
consumer protection labels and specifies the dimension,
material, and content of such labels. The registration of
manufacturers, renovators, and sanitizers with the Department of
Health is required. A violation of these provisions will be a
class A misdemeanor.
The Department of Health is also required to implement an
education and awareness program to increase the public's
awareness of elder abuse and neglect.
To reduce the incidence of elder abuse and neglect, the program
can focus on the education and awareness of mandatory reporters
and their responsibility to report such cases; target education
and awareness for the public about identifying and reporting
elder abuse and neglect; publicize the telephone number of the
elder abuse and neglect hotline; educate law enforcement
agencies and prosecutors on identifying elder abuse and neglect
cases and the importance of prosecuting such cases; and
publicize the availability of background checks for potential
care givers.
The Department of Social Services, hospitals, nursing homes, and
other health care facilities are required to fully cooperate
with the Department of Health in order to distribute information
about the program.
FISCAL NOTE: Estimated Net Cost to General Revenue Fund of
$257,643 in FY 2000, $305,632 to $2,999,632 in FY 2001, and
$309,091 to $2,998,091 in FY 2002.
COMMITTEE
HCS HB 316, 660 & 203 -- SHARED CARE PROGRAM; REGULATION OF
BEDDING; ELDER ABUSE AND NEGLECT
SPONSOR: Ladd Stokan
COMMITTEE ACTION: Voted "do pass" by the Committee on Public
Health by a vote of 11 to 0.
This substitute establishes a new program within the Division of
Aging in the Department of Social Services entitled "Shared
Care." The primary purposes of the program are to provide care
and protective oversight of certified elderly persons and
support services for those caring for such persons by increasing
the awareness of available private and governmental services,
and by providing a tax credit to qualifying persons. The
program also seeks to promote community involvement by
encouraging the establishment of local support groups, the
dissemination of information, and the provision of education and
training at no cost to families caring for a certified elderly
person. Families providing long-term care for a certified
elderly person can register with the Division of Aging as a
Shared Care member and will become a registered care giver.
The director of the Division of Aging will perform various
duties which include maintaining a registry of Shared Care
members and providers. The director, in conjunction with the
Department of Revenue, will develop a physician certification
form to be given to registered care givers on request and a
Division of Aging certification form to be given to registered
care givers on request when a Division of Aging assessment has
been completed.
Registered care givers living in the same residence as an
elderly person at least 6 months per year and who file the
physician certification form or the Division of Aging
certification form with their Missouri income tax return may be
eligible for the tax credit to help offset the costs of caring
for a certified elderly person. This tax credit is available
only if the certified elderly person is not receiving funding or
services through Medicaid or through the Social Services Block
Grant, and is limited to $500 per certified elderly person per
year.
The tax credit may be claimed for calendar year 2000 and
thereafter. The substitute further provides that anyone who
falsifies any document related to Shared Care tax credit is
subject to the same penalties as those provided for falsifying
income tax documents.
The Department of Health is given authority to regulate the
manufacture, sale, repair, sanitation, and renovation of bedding
and the use of new and secondhand materials for bedding. The
authority of the director of the Department of Social Services
to do this is repealed. The substitute requires the use of
consumer protection labels and specifies the dimension,
material, and content of such labels. The registration of
manufacturers, renovators, and sanitizers with the Department of
Health is required. A violation of these provisions will be a
class A misdemeanor.
The Department of Health is also required to implement an
education and awareness program to increase the public's
awareness of elder abuse and neglect.
To reduce the incidence of elder abuse and neglect, the program
can focus on the education and awareness of mandatory reporters
and their responsibility to report such cases; target education
and awareness for the public about identifying and reporting
elder abuse and neglect; publicize the telephone number of the
elder abuse and neglect hotline; educate law enforcement
agencies and prosecutors on identifying elder abuse and neglect
cases and the importance of prosecuting such cases; and
publicize the availability of background checks for potential
care givers.
The Department of Social Services, hospitals, nursing homes, and
other health care facilities are required to fully cooperate
with the Department of Health in order to distribute information
about the program.
FISCAL NOTE: Estimated Net Cost to General Revenue Fund of
$257,643 in FY 2000, $305,632 to $2,999,632 in FY 2001, and
$309,091 to $2,998,091 in FY 2002.
PROPONENTS: Supporters of HB 316 say that this bill would
provide support systems which assist registered care givers who
provide care for elderly persons. Supporters also state that
this bill would allow registered care givers to receive a tax
credit and free education and training to care for elderly
persons.
Supporters of HB 203 say that this bill addresses a consumer
protection and public health issue by preventing the illegal
sale of reconditioned mattresses that are sold as new mattresses.
Supporters of HB 660 say that this bill will increase the
public's knowledge of elder abuse and neglect through education
and public awareness activities. Also, mandatory reporters, law
enforcement agencies, and prosecutors would receive education on
the issue of elder abuse and neglect in order to identify,
report, and prosecute such cases.
Testifying for HB 316 were Representative Ladd Stokan; Missouri
Alliance for Home Care; Home Care of Mid-Missouri; Missouri
Association of Homes for the Aging; Missouri Council for In-Home
Services; and Missouri State Legislative Committee of the
American Association of Retired Persons. Testifying for HB 203
were Representative Gross; Associated Industries of Missouri;
Missouri Chamber of Commerce; and International Sleep Products
Association. Testifying for HB 660 were Representatives Ladd
Stokan and Cierpiot; and Missouri State Legislative Committee of
the American Association of Retired Persons.
OPPONENTS: There was no opposition voiced to the committee.
Joseph Deering, Legislative Analyst
INTRODUCED
HB 316 -- Shared Care Program
Co-Sponsors: Stokan, Kelley (47), Kennedy
This bill establishes a new program within the Division of Aging
in the Department of Social Services entitled "Shared Care."
The primary purpose of the program is to provide services and
support for those caring for a certified elderly dependent
person by increasing awareness of the available private and
governmental services, and by providing a tax credit to
qualifying persons. The program also seeks to promote community
involvement by encouraging the establishment of local support
groups, the dissemination of information, and the provision of
education and training at no cost to families caring for a
certified elderly dependent person. Funds for the Shared Care
program are appropriated to and administered by the Department
of Social Services.
Families providing long-term care for a certified elderly
dependent person may register with the Division of Aging as a
Shared Care member. "Registered care givers" are defined as
those living in the same residence with and providing
uncompensated care for an elderly dependent person. The
director of the Division of Aging is required to maintain a
registry of Shared Care members and providers. The director is
also, in conjunction with the Department of Revenue, to develop
a physician certification form to be given to registered care
givers on request and a Division of Aging certification form to
be given to registered care givers on request when a Division of
Aging assessment has been completed. Both forms contain
identifying information about registered care givers for tax
purposes and information about the Shared Care tax credit
program. The director is required to make a list of public and
private resources and services related to caring for the elderly
available to Shared Care members, and to encourage the
development of local support systems for those caring for
elderly dependent members.
Registered care givers living with an elderly dependent person
at least 6 months per year, and who file the physician
certification form or the Division of Aging certification form
with their Missouri income tax return may be eligible for
reimbursement to help offset the costs of caring for a certified
elderly dependent person. This tax credit is available only if
the certified elderly dependent person is not receiving services
through Medicaid or through the Social Services Block Grant, and
is limited to $500 per certified elderly dependent person per
year. In no case may reimbursement exceed an eligible Shared
Care member's tax liability for the year reimbursement is
claimed. Eligible Shared Care members must claim reimbursement
at the time the state income tax return is filed. Reimbursement
may be claimed for calendar year 2000 and thereafter. The bill
provides that anyone who falsifies any document related to
Shared Care tax credits is subject to the same penalties as
those provided for falsifying income tax documents.
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Last Updated September 30, 1999 at 1:24 pm