HCS HB 1767 -- PROTECTIONS FOR DISABLED PERSONS AND THE ELDERLY
(Bruns)

COMMITTEE OF ORIGIN:  Senior Citizen Advocacy

This substitute makes the necessary statutory changes based on
the transfer of the Division of Aging from the Department of
Social Services to the Department of Health and Senior Services.
In its main provisions, the substitute:

(1)  Defines "consumer," "patient," "provider", "identity theft,"
"personal identifying information," and "victim of identity
theft";

(2)  Requires the department to keep the names of individuals
submitting abuse and misappropriation 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;

(3)  Protects patients and the 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 the substitute;

(4)  Makes any person failing to file a required report guilty of
a class A misdemeanor and any provider who knowingly conceals
abuse or neglect that results in the death or serious injury of a
patient guilty of a class D felony;

(5)  Creates a fine of $1,000, to be assessed by the Department
of Health and Senior Services, for any provider who willfully and
knowingly fails to report known abuse by an employee;

(6)  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;

(7)  Restates the agency's rule-making authority to make any rule
effective only if it complies with and is subject to the
provisions of Chapter 536;

(8)  Requires screening of new patients or new referrals by the
department against the Missouri Sexual Offender Registry;

(9)  Expands protection against undue influence in any transfer
of real property or major transfer of personal property for less
than full consideration to another person with whom the elderly
or disabled person has a confidential or fiduciary relationship;

(10)  Clarifies that a confidential or fiduciary relationship
includes a family member by blood or marriage, a health care
provider, a trustee, an accountant, a friend, a neighbor, a
spiritual advisor, or an attorney;

(11)  Requires offenders who have pled guilty to or who are found
guilty of a crime of violence against a child or an elderly
person to be sentenced to a term of imprisonment of at least 30
days with no eligibility for probation or parole during the first
30 days;

(12)  Allows a person to bring a legal action against a claimant
to establish that he or she is a victim of identity theft in
connection with the claimant's claim against the person whose
identity was stolen;

(13)  Defines "claimant" as a person who has or purports to have
a claim for money or an interest in property in connection with a
transaction procured through identity theft;

(14)  Entitles an individual who brings a successful claim
against the claimant to a declaration that he or she is not
obligated to the claimant on that claim and entitles the
plaintiff to an injunction restraining the claimant from
collecting or attempting to collect the claim.  The substitute
also entitles the successful petitioner to actual damages,
attorney fees, costs, and any equitable relief the court deems
appropriate;

(15)  Creates a civil penalty of up to $30,000 if the victim of
identity theft establishes that the claimant received written
notice at least 30 days prior to filing an action that a
situation of identity theft might exist, the claimant failed to
investigate the possible identity theft, and the claimant
continued to pursue his or her claim against the victim; and

(16)  Prohibits any suspending imposition of sentence or
execution of sentence or imposing of any fine in lieu of a term
of imprisonment when a person pleads guilty to or is found guilty
of any crimes defined under Sections 565.182, 565.200, or
570.145.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Greater
than $100,000 in FY 2007, FY 2008, and FY 2009.  Estimated Income
on Other State Funds of Unknown in FY 2007, FY 2008, and FY 2009.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am