HCS HB 769 -- PROTECTIONS FOR VULNERABLE ADULTS AND CHILDREN

SPONSOR:  Nance (Bruns)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Senior Citizen Advocacy by a vote of 6 to 0.

This substitute provides protections for vulnerable adults and
children and transfers 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)  Adds financial exploitation of the elderly to the public
education and awareness program administered by the Department of
Health and Senior Services;

(2)  Transfers the powers, duties, and functions of the Board of
Nursing Home Administrators to the department;

(3)  Defines "consumer," "in-home services," "misappropriation,"
"personal care attendant," "principal," "patient," "provider,"
and "resident";

(4)  Requires any health service provider or employee and allows
any other person having reasonable cause to believe that a
patient or consumer has been a victim of misappropriation of a
patient's money to report the information to the department;

(5)  Requires the department, upon receipt of an imminent danger
report, to initiate an investigation promptly, but without a
24-hour time requirement.  If an investigation indicates a crime
has occurred, the appropriate law enforcement agency and the
prosecutor must be notified.  The department must notify the
resident's legal representative of the report and investigation
status when it involves a resident who has been appointed a
guardian and/or conservator or who is incapacitated and resides
at a state-licensed facility.  The department may also notify the
resident's family members or guardians;

(6)  Requires the department to keep confidential the names of
individuals submitting abuse and misappropriation reports 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;

(7)  Protects a patient and the patient's family members from
eviction, harassment, or retaliation due to the filing of a
report of a violation or suspected violation of the provisions of
the substitute;

(8)  Requires patients and consumers whose services are funded by
the Missouri Medicaid Program to be checked against the sexual
offender registry and requires the department to notify providers
at the time of referral if a patient or consumer is listed;

(9)  Makes any person failing to file a required report and any
person or provider who misuses or diverts the consumer's use of
any personal property or money or falsifies service delivery
documents guilty of a class A misdemeanor.  Any provider who
knowingly conceals abuse or neglect that results in the death or
serious injury of a patient will be guilty of a class D felony;

(10)  Authorizes the department to assess a $1,000 fine on any
provider who willfully and knowingly fails to report known abuse
by an employee;

(11)  Makes any person or entity that unlawfully discloses
information from the employee disqualification list guilty of an
infraction;

(12)  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;

(13)  Requires, as of August 28, 2007, that approved good cause
waivers must be obtained for employees to gain or retain
employment from a provider, but providers cannot continue to
employ people with disqualifying backgrounds after March 1, 2008;

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

(15)  Prohibits state and federal financial assistance to be used
for the services of a personal care attendant who is listed on
the employee disqualification list, is registered as a sexual
offender, or has a disqualifying criminal history not excused by
a good cause waiver;

(16)  Prohibits courts from suspending the imposition or
execution of a sentence, imposing a fine instead of a term of
imprisonment for first and second degree elder abuse cases and
sexual misconduct cases, and sentencing persons guilty of a crime
of violence against an elderly person to less than 30 consecutive
days or imposing a fine instead of imprisonment;

(17)  Protects persons making a report of abuse or neglect to the
department from civil and criminal liability for making the
report; and

(18)  Assumes that a person responsible for the financial affairs
of an elderly or disabled person that resides in a care facility
has access to and controls the person's monetary funds and
specifies the evidence required to substantiate the
misappropriation of funds and nonpayment by the responsible
person.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Greater
than $341,146 in FY 2008, Greater than $412,810 in FY 2009, and
Greater than $438,143 in FY 2010.  No impact on Other State Funds
in FY 2008, FY 2009, and FY 2010.

PROPONENTS:  Supporters say that the bill moves all statute
references for the Division of Aging to the Department of Health
and Senior Services; provides for disqualification of individuals
who provide care to the elderly; and increases the penalties for
crimes committed against the elderly.

Testifying for the bill were Representative Bruns; and Department
of Health and Senior Services.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am