Read 1st time February 16, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 630, RSMo, by adding thereto four new sections relating to the office of state ombudsman for mental health facility residents, with penalty provisions.
Section A. Chapter 630, RSMo, is amended by adding thereto four new sections, to be known as sections 630.201, 630.202, 630.203 and 630.204, to read as follows:
630.201. As used in sections 630.201 to 630.204, the following terms mean:
(1) "Mental health facility", any residential facility, public or private, or any public or private hospital, which can provide evaluation, treatment and inpatient care to persons suffering from a mental disorder or mental illness and which is recognized as such by the department or any outpatient treatment program certified by the department of mental health. No correctional institution or facility, jail, regional center or mental retardation facility shall be a mental health facility within the meaning of sections 630.201 to 630.204;
(2) "Office", the office of the state ombudsman for mental health facility residents;
(3) "Ombudsman", the state ombudsman for mental health facility residents;
(4) "Regional ombudsman coordinators", designated individuals working for, or under contract with, the department of mental health, and who are so designated by the department and certified by the ombudsman as meeting the qualifications established by the department;
(5) "Resident", any person who is receiving care or treatment in a mental health facility.
630.202. 1. There is hereby established within the office of the lieutenant governor the "Office of State Ombudsman for Mental Health Facility Residents", for the purpose of helping to assure the adequacy of care received by residents of mental health facilities and to improve the quality of life experienced by them.
2. The office shall be administered by the state ombudsman, who shall devote his or her entire time to the duties of the ombudsman position.
3. The office shall establish and implement procedures for receiving, processing, responding to and resolving complaints made by or on behalf of residents of mental health facilities relating to action, inaction or decisions of providers, or their representatives, of mental health services, of public agencies or of social service agencies, which may adversely affect the health, safety, welfare or rights of such residents.
4. The office of state ombudsman for mental health facility residents shall establish and implement procedures for resolution of complaints. The ombudsman or representatives of the office shall have the authority to:
(1) Enter any mental health facility and have access to residents of the facility at a reasonable time and in a reasonable manner. The ombudsman shall have access to review resident records, if given permission by the resident or the resident's legal guardian. Residents of the facility shall have the right to request, deny or terminate visits with an ombudsman;
(2) Make the necessary inquiries and review such information and records as the ombudsman or representative of the office deems necessary to accomplish the objective of verifying these complaints.
5. The office shall acknowledge complaints, report its findings, make recommendations, gather and disseminate information and other material and publicize its existence.
6. The ombudsman may recommend to the relevant governmental agency changes in the rules and regulations adopted or proposed by such governmental agency which do or may adversely affect the health, safety, welfare, or civil or human rights of any resident in a facility. The office shall analyze and monitor the development and implementation of federal, state and local laws, regulations and policies with respect to mental health facilities and services in the state and shall recommend to the department of mental health changes in such laws, regulations and policies deemed by the office to be appropriate.
7. The office shall promote community contact and involvement with residents of facilities through the use of volunteers and volunteer programs directed by the regional ombudsman coordinators.
8. The office shall develop and establish statewide policies and standards for implementing the activities of the ombudsman program, including the qualifications and the training of regional ombudsman coordinators and ombudsman volunteers.
9. The office shall develop and propose programs for use, training and coordination of volunteers in conjunction with the regional ombudsman coordinators and may:
(1) Establish and conduct recruitment programs for volunteers;
(2) Establish and conduct training seminars, meetings and other programs for volunteers; and
(3) Supply personnel, written materials and such other reasonable assistance, including publicizing their activities, as may be deemed necessary.
10. The office shall prepare and distribute to each facility written notices which set forth the address and telephone number of the office, a brief explanation of the function of the office, the procedure to follow in filing a complaint and other pertinent information.
11. The administrator of each facility shall ensure that such written notice is given to every resident or the resident's guardian upon admission to the facility and to every person already in residence, or to his or her guardian. The administrator shall also post such written notice in a conspicuous, public place in the facility in the number and manner set forth in the regulations adopted by the office.
12. The office shall inform residents, their guardians or their families of their rights and entitlements pursuant to state and federal laws and rules and regulations by means of the distribution of educational materials and group meetings.
630.203. 1. Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a mental health facility shall not be disclosed by such ombudsman unless:
(1) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or
(2) Such disclosure is required by court order.
2. Any representative of the office conducting or participating in any examination of a complaint who shall knowingly and willfully disclose to any person other than the office, or those authorized by the office to receive it, the name of any witness examined or any information obtained or given upon such examination, shall be guilty of a class A misdemeanor. However, the ombudsman conducting or participating in any examination of a complaint shall disclose the final result of the examination to the facility with the consent of the resident.
3. Any statement or communication made by the office relevant to a complaint received by, proceedings before or activities of the office and any complaint or information made or provided in good faith by any person, shall be absolutely privileged and such person shall be immune from suit.
4. The office shall not be required to testify in any court with respect to matters held to be confidential in this section except as the court may deem necessary to enforce the provisions of sections 630.201 to 630.204, or where otherwise required by court order.
630.204. 1. Any regional coordinator or local program staff, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. No representative of the office shall be held liable for good faith performance of his or her official duties pursuant to the provisions of sections 630.201 to 630.204 and shall be immune from suit for the good faith performance of such duties. Every representative of the office shall be considered a state employee pursuant to section 105.711, RSMo.
2. No reprisal or retaliatory action shall be taken against any resident or employee of a mental health facility for
any communication made or information given to the office. Any person who knowingly or willfully violates the
provisions of this subsection shall be guilty of a class A misdemeanor.
Missouri House of Representatives