HB 769 -- Protections for Vulnerable Adults and Children

Sponsor:  Bruns

This bill 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 bill:

(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 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 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 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;

(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 bill;

(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 of Health and
Senior Services 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 approved good cause waivers for employees to gain
or retain employment from a provider as of August 28, 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; and

(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.

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