Legislative Update

Issue 1 - January 5, 2007

EDUCATION

EDUCATION

HB 29 - Cunningham (R)
Relating to terms of service for members of certain special school districts
Restricts the members of the St. Louis Special School District governing council to four two-year terms.  Members who have served for eight or more years cannot serve again until at least three other members of the board of education of their school district have served as governing council members or until a total of six years have been served by other members of their board of education.  Members in office who no longer qualify must be replaced within 30 days of the effective date of the bill. Governing council members must report the substance of each council meeting to their respective boards of education at the next meeting; and minutes of council meetings will be provided to all member boards of education.  Notice of governing council meetings must be posted at local district offices.
Status: 1/4/07 Second Read; Issue 1

HB 181 - Sanders (R)
Requires captioning of electronic video instructional material
Beginning January 1, 2008, this bill requires closed or open captioning on electronic video instructional materials, as defined in the bill, designed for use in educational institutions. Exceptions are made for certain materials and transmission methods. If a publisher knowingly fails to comply with the requirements, the entity that paid for the materials may receive damages of 10 times the amount paid to have them captioned.
Status: 1/4/07 Second Read; Issue 1

SB 34 - Scott (R)
Requires a comprehensive vision examination for each child enrolled in kindergarten or first grade
Beginning July 1, 2008, every child enrolling in kindergarten or first grade shall receive one comprehensive vision examination performed by a state licensed optometrist, ophthalmologist, physician or doctor of osteopathy. The Department of Elementary and Secondary Education and the Department of Health and Senior Services are required to compile and maintain a list of sources to which children who may need vision examinations or children who have been found to need further examination or vision correction may be referred for treatment on a free or reduced cost basis. A child may be excused from taking a vision examination based on religious beliefs by submitting a written request to the appropriate school administrator. Further, the act alters the statutorily allowed uses for the "Blindness Education, Screening and Treatment Program Fund." The fund shall cover additional costs for vision examinations under this act that are not covered by existing public health insurance. Subject to appropriations, moneys from the fund shall be used to pay for those additional costs, provided that the costs from the fund not exceed ninety-nine thousand dollars a year. Payment from the fund for vision examinations under this act shall not exceed the allowable state Medicaid reimbursement amount for vision examinations. This act shall sunset in four years. This bill is similar to SCS/SB 687 (2006).
Status: 1/3/07 First Read; Issue 1

SB 87 - Days (D)
Relating to the First Steps Program
Removes Section 162.700, the provision relating to special education services, from the sunset provision of the First Steps program. This bill is identical to SB 1004 (2006).
Status: 1/3/07 First Read; Issue 1

SB 112 - Rupp (R)
Removes the reference to sunset of the statute that provides authority for special education of age 3 to 21 population>br /> Removes the reference to sunset of Section 162.700, RSMo, that appears in the existing Section 160.930, RSMo. Section 162.700 is the statute that provides authority for special education of the age 3 to age 21 populations. It was not a new program when Section 160.930 was enacted and, therefore, would not have needed a sunset provision applicable to it under Section 23.253, RSMo (the Sunset Act). This bill is identical to SB 1004
Status: 1/3/07 First Read Issue 1

SB 131 - Rupp (R)
Relating to the sunset provision for the First Steps Program
Under the provisions of this act, the Missouri Sunset Act shall not apply to the early intervention program for infants and toddlers with disabilities (the First Steps program).
Status: 1/3/07 First Read; Issue 1

SB 133 - Rupp (R)
Alters provisions regarding due process hearings
The current law five business day disclosure requirement applicable to special education due process hearings will now be also applicable to expedited due process hearings (in which discipline of a special education student is at issue). This will bring Missouri into compliance with the newly issued federal regulations implementing the Individuals with Disabilities Education Act (IDEA).
Status: 1/3/07 First Read; Issue 1

SB 140 – Rupp (R)
Relating to boards of education and due process hearings
Provides local boards of education the authority to identify a designee to bind the school district in a settlement agreement reached during the resolution session of a special education due process hearing.
Status: 1/3/07 First Read; Issue 1

SB 141 – Nodler (R)
Removes reference to sunset of statute relating to special education of age 3 to 21 population Removes the reference to sunset of Section 162.700, RSMo, that appears in the existing Section 160.930, RSMo. Section 162.700 is the statute that provides authority for special education of the age 3 to age 21 populations. It was not a new program when Section 160.930 was enacted and, therefore, would not have needed a sunset provision applicable to it under Section 23.253, RSMo (the Sunset Act). This bill is identical to SB 1004 (2006).
Status: 1/3/07 First Read; Issue 1

SB 142 – Nodler (R)
Renders the MO Sunset Act not applicable with regard to the First Steps Program
Under the provisions of this act, the Missouri Sunset Act shall not apply to the early intervention program for infants and toddlers with disabilities (the First Steps program).
Status: 1/3/07 First Read; Issue 1

SB 147 – Nodler (R)
Alters provisions regarding expedited due process hearings
Under this act, the current law five business day disclosure requirement applicable to special education due process hearings will now be also applicable to expedited due process hearings (in which discipline of a special education student is at issue). This will bring Missouri into compliance with the newly issued federal regulations implementing the Individuals with Disabilities Education Act (IDEA).
Status: 1/3/07 First Read; Issue 1

SB 148 – Nodler (R)
Relating to boards of education and due process hearings
Provides local boards of education the authority to identify a designee to bind the school district in a settlement agreement reached during the resolution session of a special education due process hearing.
Status: 1/3/07 First Read; Issue 1

EMPLOYMENT

EMPLOYMENT

HB 39 – Portwood (R)
Establishes eligibility requirements of an employed disabled person requesting medical assistance under the TWWIIA
Requires the Department of Social Services to determine the eligibility of an employed disabled person requesting medical assistance whose family gross income is less than 250% of the federal poverty level.  The bill: 1. Requires that an individual meet the definition of a disabled person under the federal Supplemental Security Income Program or of an employed individual with a medically improved disability under the federal Ticket to Work and Work Incentives Improvement Act of 1999; 2. Requires an individual who has a net income that does not exceed the limit for permanent and totally disabled individuals to receive non-spend down Missouri Medicaid benefits; 3. Requires any participant whose gross income exceeds 100% of the federal poverty level to pay a premium for participation in this program; 4. Requires an individual to participate in an employer-sponsored health insurance plan if the department determines that it is more cost effective; 5. Exempts any income earned through certified extended employment at a sheltered workshop for the purposes of determining eligibility; and 6. Exempts deposits of up to $5,000 per year into a medical savings and/or an independent living account from the asset limits for eligibility. The provisions of the bill will expire three years from the effective date. The bill contains an emergency clause.
Status: 1/4/07 Second Read; Issue 1

SB 77 – Scott (R)
Creates graduated increase in payments for sheltered workshops
Under current law, the Department of Elementary and Secondary Education must pay sheltered workshops $13 multiplied by the number of 6-hour or longer days worked by handicapped workers. This act creates a graduated increase in payments to sheltered workshops. Payments are increased so that, by July 1, 2010, and thereafter, the department shall pay $90 for each standard workweek of up to and including 30 hours worked during a month and $18 for each 6-hour or longer day worked on Saturdays or Sundays. Also, the workshop will receive a percentage of the amount normally paid based on the percentage of time worked for each handicapped worker employed for less than a 30-hour week or a 6-hour day on Saturdays or Sundays.
Status: 1/3/07 First Read; Issue 1

FUNDING

OTHER

SB 208 – Gross (R)
Requires the balance of all state funds to be transferred and credited to the state General Revenue Fund if state revenue does not increase by two percent
Requires the State Treasurer to deposit all moneys received under any state fund or administratively created fund into the state general revenue fund if the state's general revenue did not increase by two percent or more over the past fiscal year. If state revenues do increase by more than two percent, the state treasurer shall deposit such moneys into the statutorily or administratively created fund. The provisions of this act shall not apply to any fund created by the constitution, funds for the payment of interest and principal for any bonded indebtedness, funds that receive constitutionally created taxes and fees, and funds created in order to receive and disburse federal funds. A number of disability related funds could be affected by this, including the Independent Living Fund, the Wolfner Trust Fund and the Deaf Relay and Equipment Distribution Fund, as well as funding for a number of professional boards.  This act contains an emergency clause. This act is similar to SB 917 (2006).
Status: 1/3/07 First Read; Issue 1

TAX RELIEF

HB 40 – Portwood (R)
Changes laws regarding long term care insurance tax deduction and Establishes MO Long Term Care Partnership Act
Changes the laws regarding the long-term care insurance tax deduction.  For taxable years beginning after January 1, 2007, Missouri residents will be allowed to deduct from their taxable income an amount equaling 100% of all non-reimbursed amounts paid for qualified long-term care insurance premiums to the extent the amounts are included in the individual's adjusted gross income. The bill also establishes the Missouri Long-Term Care  Partnership Act in which the departments of Social Services and Insurance will coordinate a long-term care insurance partnership program where private insurance and Missouri Medicaid funds will be used to finance long-term care.  Under the program, an individual may purchase a qualified state long-term care insurance policy that meets certain criteria without first being required to substantially exhaust their resources. The directors of the departments must submit a report on the progress of the partnership program to the General Assembly on September 1, 2008, and on January 1 each year thereafter.
Status: 1/4/07 Second Read; Issue 1

HB 104 – Meiners (D)
Relating to sales tax and modifications of a vehicle for a person with a disability

HB 116 – Denison (R)
Allows MO residents to deduct from taxable income 100% of non-reimbursed amounts paid for long-term care insurance
Changes the laws regarding the long-term care insurance tax deduction.  For taxable years beginning after January 1, 2007, Missouri residents will be allowed to deduct from their taxable income all non-reimbursed premiums paid for qualified long-term care insurance if the amounts are not included in their itemized deductions.
Status: 1/4/07 Second Read; Issue 1

HB 168 – Hoskins (D)
Relating to an income tax credit for certain taxpayers age 65 and over
Authorizes a $1,000 income tax credit for any taxpayer at least 65 years of age with a Missouri adjusted gross income of $9,570 or less.  The taxpayer must file an individual income tax return to claim the refundable credit. The provisions of the bill will expire on December 31, 2012.  Does not include people with disabilities.
Status: 1/4/07 Second Read; Issue 1

SB 07 – Loudon (R)
Creates an income tax deduction for medical expenses
This act allows an income tax deduction equal to one hundred percent of the amount paid for insurance premiums and out-of-pocket medical expenses to the extent such amount is included in federal adjusted ross income and not otherwise excluded from Missouri adjusted gross income. The term "out-of-pocket medical costs" is defined as those medical expenses allowable pursuant to section 213 of the Internal Revenue Code and federal rulings interpreting section 213 of the Internal Revenue Code.
Status: 1/3/07 First Read; Issue 1

SB 08 – Kennedy (D)
Provides a tax credit for modifying a home for a disabled person>br /> Enables a taxpayer making less than $30,000 per year who modifies their home to be accessible to a disabled person who resides with the taxpayer, to claim a credit against their income tax for one hundred percent of the costs of modification, up to $2,500. For taxpayers making between $30,000 and $60,000, a credit will be allowed in the amount equal to fifty percent of the costs of modification, up to $2,500. All tax credits will be refundable, up to $2,500 per year. The credits are not transferable. The credit has a statewide maximum of $100,000 per year. If ten million dollars in tax credits are not approved, for programs authorized under the rebuilding communities tax credit program, then up to the first one hundred thousand dollars in tax credits shall be used for the home modification tax Credit created by this act. If any portion of the modification was claimed as a deduction on the taxpayer's federal income tax, then the amount of the tax credit shall be reduced by one third. The credit applies to tax years beginning January 1, 2008, and expires December 31, 2013. This bill is identical to SB 877 (2006).
Status: 1/3/07 First Read; Issue 1

SB 32 – Bray (D)
Allows senior citizens to defer property tax payment
Enables senior citizens, sixty-two years or older, to delay paying property taxes on their residences. The taxes plus interest, must be paid when the owner dies or sells the property, moves, or the property changes ownership. The income limit to qualify for the deferral is thirty-two thousand dollars. Beyond that amount, the amount the owner can defer is phased out at a rate of fifty cents per dollar made over thirty-two thousand dollars, until their income reaches twice the limit. Eligibility criteria for the taxpayer is established and the property for participating in the deferral. All deferrals of tax will result in a lien to be held by the Department of Revenue against the property of the taxpayer. The lien will be for the amount of the property tax as estimated by the Department of Revenue plus interest to accrue at six percent per annum. This act is identical to Senate Bill 594 (2006). Does not include people with disabilities.
Status: 1/3/07 First Read; Issue 1

HEALTH CARE & PERSONAL ASSISTANCE

INSURANCE

HB 39 – Portwood (R)
Establishes eligibility requirements of an employed disabled person requesting medical assistance under the TWWIIA
(See Employment)

HB 40 – Portwood (R)
Changes laws regarding long term care insurance tax deduction and Establishes MO Long Term Care Partnership Act
(See Funding/Tax Relief)

HB 72 – Baker (D)
Increases the resource limit for eligibility for medical assistance
Increases the resource limit for medical assistance eligibility for a single individual to $2,500 and $5,000 for a married couple living together.
Status: 1/4/07 Second Read; Issue 1

HB 95 – Sater (R)
Relating to reforms for the MO Medicaid Program and purchase of health insurance for uninsured
Requires the Family Support Division of the Department of Social Services to apply for waivers from the Centers for Medicaid and Medicare Services for the purpose of increasing access to health care in Missouri, reforming the Missouri Medicaid Program, and enabling small employers and employed uninsured adults to purchase flexible health care benefit packages through a state  premium assistance payment plan.  Any funding received will be deposited into the Health Employee and Economy Improvement Revolving Fund. The provisions of the bill will expire six years from the effective date.
Status: 1/4/07 Second Read; Issue 1

HB 116 – Denison (R)
Allows MO residents to deduct from taxable income 100% of non-reimbursed amounts paid for long-term care insurance
(See Funding/Tax Relief)

SB 15 – Scott (R)
Establishes a long term care insurance public-private partnership program
Establishes the Missouri Long-Term Care Partnership Program and provides that the Department of Social Services shall, in conjunction with the Department of Insurance, Financial Institutions and Professional Registration, coordinate the program so that private insurance and Medicaid funds shall be used to finance long-term care. Under such a program, an individual may purchase a qualified long-term care partnership approved policy in accordance with the   requirements of the Federal Deficit Reduction Act of 2005 to provide a mechanism for individuals to qualify for coverage of the cost of the individual's long-term care needs under the state Medicaid program without first being required to substantially exhaust his or her resources. Individuals seeking to qualify for Medicaid are permitted to retain assets equal to the dollar amount of qualified long-term care partnership insurance benefits received beyond the level of assets otherwise permitted to be retained under the state’s Medicaid plan. The Department of Insurance, Financial Institutions and Professional Registration may certify qualified state long-term care insurance partnership policies that meet the applicable provisions of the National Association of Insurance Commissioners (NAIC) Long-Term Care Insurance Model Act and Regulation as specified in the Federal Deficit Reduction Act of 2005. In addition, the department shall develop requirements regarding training for those who sell qualified long-term care partnership policies. The issuers of qualified long-term care partnership policies in this state shall provide regular reports to both the Secretary of the federal Department of Health and Human Services and to the Departments of Social Services and Insurance, Financial Institutions and Professional Registration. The Departments of Social Services and Insurance, Financial Institutions and Professional Registration shall promulgate rules to implement the provisions of this act. This act has a six-year sunset provision. This bill is similar to SCS/SB 918 (2006).
Status: 1/3/07 First Read; Issue 1

SB 95 – Bray (D)
Requires applicants for Medicaid and the CHIP to identify proposed beneficiary’s employer
Requires applicants for health care benefits under programs such as Medicaid and CHIPs to identify the proposed beneficiary's employer. If the proposed beneficiary is not employed, the applicant shall identify the employer of the adult who is providing some or all of the proposed beneficiary's support. By July 1st every year, the Department of Social Services must deliver a report to the General Assembly listing all of the employers identified in this application process. The report shall include the company's name, location and the total number of employees and their dependants who are enrolled in the state's health care programs. This report shall also be available to the public through the Department's website. This bill is identical to SB 657 (2006).
Status: 1/3/07 First Read; Issue 1

SB 113 – Shoemyer  (D)
Requires health carriers to include DME providers within their service provider networks
Requires health insurance carriers and health benefit plans to include in their service provider networks any durable medical equipment provider who has a main office located in a Missouri community with a population of 25,000 or less, is certified by the Missouri State Board of Pharmacy and is a Medicare and/or Medicaid provider, and registers with the Department of Insurance as an eligible durable medical equipment provider. The department must verify the eligibility of the provider's registration and make the durable medical equipment provider registry available to all health carriers and health benefit plans licensed to do business in Missouri. All health carriers and health benefit plans shall include all registered durable medical equipment providers within their networks. This bill is substantially similar to HB 1174 (2006).
Status: 1/3/07 First Read; Issue 1

SB 118 – Griesheimer (R)
Requires insurance companies to provide coverage for computerized prosthetic devices
Requires insurance companies to provide coverage for computerized prosthetic devices (arms and legs). The mandate shall not apply to certain types of policies such as accident-only, specified disease, long-term care policies or other types of limited benefit health insurance policies. The mandate applies to health insurance policies issued or renewed on or after January 1, 2008. The mandated coverage shall not be subject to greater deductibles or co-payments than other types of health care services. This bill is similar to SB 647 (2006), SB 72 (2005) and SB 1362 (2004).
Status: 1/3/07 First Read; Issue 1

SB 122 – Bray (D)
Establishes the MO Universal Health Assurance Program
Establishes the Missouri Universal Health Assurance Program. The program is a publicly financed, statewide program that will provide comprehensive health care services for Missouri residents. The Director of the Department of Health and Senior Services is required to divide the population of the state into six regional health planning and policy development districts. An advisory council of 11 members will be established for each district. The advisory councils will assist the board of governors of the program in creating an annual comprehensive state health care plan as well as developing a transportation plan for indigent, elderly, and disabled clients. A 25-member board of governors, of whom the Governor, with the advice and consent of the Senate, will appoint 16 members, will administer the program. The directors of the departments of Social Services, Health and Senior Services, and Mental Health will be ex-officio members; and the board will include representation of minority and disabled individuals. The board will be responsible for monitoring expenditures, adopting rules, employing staff, and studying methods for incorporating institutional and long-term care benefits into the program. The board is also required to submit an annual report to the Speaker of the House of Representatives, the President Pro Tem of the Senate, and the Governor with recommendations for changes in health care laws. Prior to the implementation of the comprehensive plan, the board is required to appoint advisory subcommittees of health care researchers and ethics experts and conduct public hearings. The comprehensive plan is required to seek and secure the delivery of the most cost-effective health care services. The Missouri Health Care Trust Fund is established to finance the program. Certain health care services are excluded from coverage. The program is required to pay the expenses of institutional providers of health care, and each provider is required to negotiate an annual budget with the program which will cover anticipated expenses. The program will reimburse independent providers of health care on a fee-for-service basis. Other insurers and employers may offer benefits that do not duplicate those offered by the program. No later than 30 days after the effective date of the act, the Department of Social Services is required to apply to the United States Secretary of Health and Human Services for all health care program waivers that would enable the state to deposit federal funds into the Missouri Health Care Trust Fund. The department is also required to identify other federal funding sources. This bill has a six-year sunset provision, and is similar to SB 777 (2006).
Status: 1/3/07 First Read; Issue 1

SB 179 – Green (D)
Requires any applicant for health care benefits under a public assistance program to identify their employer
Requires an applicant for benefits under the state Medicaid system, or any person requesting uncompensated care in a hospital, to identify his or her employer. The Department of Social Services is required to submit to the General Assembly an annual report, starting in calendar year 2008, identifying all such identified employers who employ 25 or more public assistance program beneficiaries. There shall also be public access to the report through the department's Internet website.
This bill is identical to SB 671 (2006).
Status: 1/3/07 First Read; Issue 1

OTHER

HB 55 – Slater (R)
Establishes the Healthcare Technology Fund and the MO Healthcare Technology Commission
Establishes the Healthcare Technology Fund administered by the Department of Social Services, in accordance with the recommendations of the newly established Missouri Healthcare Technology Commission unless otherwise specified by the General Assembly, to promote technological advances to improve patient care, decrease administrative burdens, and increase patient and healthcare provider satisfaction.  Any programs or improvements on technology must include encouragement and implementation of technologies intended to improve the safety, quality, and costs of health care services. Moneys in the fund cannot be expended to the financial benefit of any elected public official or any state employee who has direct decision-making or administrative authority over disbursements from the fund.  At least 25% of the funds annually disbursed must be dedicated to technological upgrades and the promotion of technological advances in medically underserved communities and populations.  The department must establish the procedures and methods for implementing the bill. The commission will be comprised of 16 members of the General Assembly with 10 members being selected by the Governor.  The commission will develop and report recommendations relating to the expenditure of moneys appropriated to the fund to the Governor and General Assembly by January 1, 2008.  The recommendations will include an analysis and review of the current status of healthcare information technology adoption by the healthcare delivery system in Missouri and address the potential technical, scientific, economic, security, privacy, and other issues related to the adoption of healthcare information technology.  The commission will expire on April 15, 2008. The bill contains an emergency clause.
Status: 1/4/07 Second Read; Issue 1

HB 182 – Bruns (R)
Establishes the Outside the Hospital Do-Not-Resuscitate Act
Establishes the Outside the Hospital Do-Not-Resuscitate Act which requires that a copy of this order must be included as the first page of a patient's medical record.  A patient or patient's representative and the patient's attending physician may execute an outside the hospital do-not-resuscitate order. The Department of Health and Senior Services must develop and approve uniform forms and personal identifiers.  The identifiers must alert any emergency medical technician, paramedic, first responder, or other health care provider of the existence of this order for the patient. The outside the hospital do-not-resuscitate order will only be effective when the patient has not been admitted to or is not being treated within a hospital.  These order and protocols will not authorize the withholding or withdrawal of other medical interventions such as intravenous fluids, oxygen, or therapies other than cardiopulmonary resuscitation.  An outside the hospital do-not-resuscitate order will not be effective when a patient is pregnant or when believing in good faith that a patient is pregnant. Emergency medical technicians, paramedics, first responders, and other health care providers are required to comply with an outside the hospital do-not resuscitate order or identifier unless the patient or patient's representative expresses to the personnel in any manner, before or after the onset of a cardiac or respiratory arrest, the desire to be resuscitated.  A physician or a health care facility other than a hospital that is unwilling or unable to comply with this order must take all reasonable steps to transfer the patient to another physician or facility where the order will be followed. Anyone who knowingly conceals, cancels, defaces, or obliterates an order or identifier without the individual's consent or knowingly falsifies or forges a revocation is guilty of a class A misdemeanor.  Anyone who knowingly executes, falsifies, or forges an order without the individual's consent or knowingly conceals or withholds the knowledge of a revocation of an order is guilty of a class D felony.
Status: 1/4/07 Second Read; Issue 1

HB 216 – Stevenson (R)
Establishes the Umbilical Cord Blood Bank Program
Beginning January 1, 2008, the Department of Health and Senior Services, subject to appropriation, will be required to establish the Umbilical Cord Blood Bank Service Program.  The program will gather, collect, and preserve umbilical cord blood and provide the blood and blood components to persons and institutions conducting scientific research on human stem cells. Whenever possible, the department will attempt to reserve 20% of any umbilical cord blood gathered,  collected, and preserved for the possible use by the donor child.  Researchers obtaining umbilical cord blood must agree to make research results specific to a particular donor available to the donor child upon request. The department may contract with any public or private umbilical cord blood bank service and must develop rules for the implementation of the program including, but not limited to, a public awareness program, establishment of an identification numbering system, and establishment of record keeping and reporting requirements for umbilical cord blood banks and researchers participating in the program.
Status: 1/4/07 Second Read; Issue 1

SB 07 – Loudon (R)
Creates an income tax deduction for medical expenses
(See Funding/Tax Relief)

SB 80 – Shields (R)
Modifies provisions of the Metabolic Formula Distribution Program
Modifies the Metabolic Formula Distribution Program. Under current law, formula for the treatment of inherited diseases of amino acids and organic acids are provided to persons meeting certain criteria and an income-based means test determined by the Department of Health and Senior Services. This act modifies those provisions to provide that in addition to the current program for applicants above the age of nineteen, the formula shall be available to an applicant between the ages of six to eighteen whose family income is below three hundred percent of the federal poverty level.
This bill is similar to SCS/SB 1221 (2006) and SCS/HB 1477 (2006).
Status: 1/3/07 First Read; Issue 1

LEGAL RIGHTS & RESPONSIBILITIES

OTHER

SB 177 – Green (D)
Relating to crimes of security fraud against the elderly or disabled
Modifies provisions of the Missouri Securities Act of 2003 as it relates to the elderly and disabled.
Definitions for "elderly" and "disabled persons" are added. Also, mandatory minimum penalties are added for those who commit criminal securities fraud against the elderly and disabled persons. This act provides that when a defendant is convicted of such crimes against an elderly or disabled person, the defendant may be fined not less than fifty thousand dollars and imprisoned for not less than five years. The bill provides for the Commissioner of Securities to impose enhanced penalties for securities fraud against the elderly or disabled.
This bill is similar to SB 853 (2006).
Status: 1/3/07 First Read; Issue 1

VOTING

HB 138 – Salva (D)
Relating to voting machines and paper ballots
Requires that all voting systems used after January 1, 2008, record the voter's choices on a paper ballot.
Status: 1/4/07 Second Read; Issue 1

MENTAL HEALTH

SERVICES

SB 03 – Gibbons (R)
Enacts provisions on mental health reform
Modifies various provisions relating to the department of mental health. Under current law the findings of abuse and neglect investigations conducted by the Department of Mental Health are confidential and reports of the investigations can only be issued to the parent or guardian of the Department of Mental Health client who is the subject of the investigation. This act makes the final reports of substantiated department of mental health abuse and neglect investigations at state facilities and contract providers available as public documents, with restrictions on the release of any identifying information about clients and staff.

The penalty for a mandated reporter not reporting abuse and neglect is increased from an infraction to a Class A misdemeanor. Sanctions and penalties will be imposed on providers that prevent or discourage the reporting of abuse and neglect.

A mental health fatality review panel is established to review all deaths of clients of the Department of Mental Health. The director of the Department of Mental Health shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them identify suspicious deaths of clients in the care and custody of the department. The director shall also promulgate rules for the certification of mental health death pathologists. Civil immunity will be given to employees of the Department of Mental Health and contract providers who engage in discussion with the intent to help ensure that facilities and providers are aware of past history of potential employees that might create a danger to clients. The penalty for community providers who do not correct problems cited by the Department of Mental Health in licensing inspections will be increased. The current fine is $100 per day. This act increases the penalty for up to $10,000 per day.

This act defines "vulnerable person" as any person who because of developmental disability or mental illness is unable to protect his or her own interests or adequately perform or obtain services that are necessary to meet his or her own essential human needs. The crime of "vulnerable person abuse" is also created and mandatory reporting of suspected vulnerable person abuse is provided for.

Status: 1/3/07 First Read; Issue 1

SB 174 – Green  (D)
Modifies laws on mental health facilities and group homes
Requires private mental health facilities and group homes for the mentally retarded and developmentally disabled to have the same requirements as state-operated facilities.

The Family Care Safety Registry and Sunshine Laws are amended to include private mental health facilities and group homes. Private mental health facilities and group homes are included in the licensure and standards requirements for residential facilities and day programs. This act also requires dismissal of private contractor employees who violate state laws and rules. The facilities or homes are also required to report staff turnover to the Department of Mental Health and the General Assembly. A moratorium is placed on patient transfers until the act is fully implemented.

The Department of Mental Health is also required to terminate contracts with private vendors having a pattern of abuse and neglect of patients. This act is identical to SB 986 (2006).
Status: 1/3/07 First Read; Issue 1

SB 191 – Days (D)
Enacts provisions on children’s mental health
Provides that the Department of Social Services shall require the screening and assessment of a child prior to any Medicaid-funded admission to an inpatient-licensed hospital for psychiatric services. The screening and assessment shall include a determination of the appropriateness and availability of outpatient support services for necessary treatment. The department shall establish methods and standards of payment for the screening, assessment, and necessary alternative support services. The Department of Social Services shall attempt to secure federal financial participation to fund such screening and assessments to the extent allowable under federal law.
Status: 1/3/07 First Read; Issue 1

OLMSTEAD

OLMSTEAD

SB 15 – Scott (R)
Establishes a long term care insurance public-private partnership program
(See Health Care/ Insurance)

PREVENTION

OTHER

HB 90 – St. Onge (R)
Requires all drivers and passengers in cars or trucks to wear seat belts
Requires all drivers and passengers in cars or trucks to wear a seat belt.  Exemptions are allowed for United States Postal Service employees while performing their duties, persons while operating or riding a motor vehicle being used in agricultural work-related activities, and any person with a medical reason with documentation from a physician. Currently, each driver and front-seat passenger of passenger cars and trucks with a licensed gross weight under 12,000 pounds must wear a seat belt, and a person cannot be stopped solely for seat belt compliance.
Status: 1/4/07 Second Read; Issue 1

HB 155 – Dusenberg (R)
Relating to the motorcycle helmet law
Requires only persons younger than 21 years of age to wear protective headgear when operating or riding as a passenger on any motorcycle or motortricycle.  Currently, all motorcyclists are required to wear protective headgear.
Status: 1/4/07 Second Read; Issue 1

SERVICES FOR PEOPLE WITH DISABILITIES

SERVICES

HB 87 – Kraus (R)
Creates the Needy Persons Fund
Creates the Needy Persons Fund in the state treasury which will consist of money received from contributions, donations, gifts, bequests, grants, and any other sources granted or given to the fund.
Status: 1/4/07 Second Read; Issue 1

HB 98 – Parson (R)
Authorizes each Area Agency on Aging to establish a volunteer transportation program for the elderly
Authorizes each Area Agency on Aging to establish a volunteer program for the transportation of elderly individuals to scheduled, health care-related appointments.  Participating volunteers must use their own vehicles and will be reimbursed by the agency at the same rate as for state employees for any mileage allowance or reimbursement due.  Subject to appropriation, each Area Agency on Aging may request funding of up to $1,000 annually from the Department of Health and Senior Services to assist with the administration costs of the program. The provisions of the bill will expire six years from the effective date. Does not include people with disabilities.
Status: 1/4/07 Second Read; Issue 1

SB 11 – Coleman (D)
Creates a hot weather rule for maintenance of utility services
Establishes a hot weather rule during the period from June 1 to September 30. During this time, natural gas or electricity providers are prohibited from disconnecting service to households eligible for assistance under the cold weather rule on days when the temperature is expected to rise above 88 degrees for the following twenty-four hour period, or on days when service personnel will not be available to reconnect service and the temperature is expected to rise above 88 degrees.
This bill is identical to SB 955 (2006).
Status: 1/3/07 First Read; Issue 1

SB 14 – Scott (R)
Authorizes volunteer transportation services for the elderly
Authorizes each area agency on aging to establish a program that provides for volunteers to provide transportation services for elderly persons to health care facilities for scheduled appointments or for other health care-related purposes. Volunteers shall utilize their own vehicles and shall be reimbursed by the agency for miles driven in providing such transportation services. The agency may encourage passengers to reimburse the agency for all or part of the cost of providing such services. Subject to appropriations, each area agency may request funding of up to $1,000 annually per county for each county within the agency's jurisdiction from the Department of Health and Senior Services to assist with the costs of administering this program.
The provisions of this act shall sunset in six years.
This bill is identical to SCS/SB 1063 (2006). Does not include people with disabilities.
Status: 1/3/07 First Read; Issue 1

Last modified: 01.05.07

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