Issue 8 - February 23, 2007
ASSISTIVE TECHNOLOGY
ASSISTIVE TECHNOLOGY
HB 657 Tilley (R)
Relating to the fitting, programming and dispensing of hearing devices
Expands the practice of audiology by adding fitting, programming, and dispensing of assistive listening devices. Licensees who sell these devices are required to provide a purchase agreement to the buyer containing product information including the terms of sale, name of manufacturer, make, model,
and current condition of product.
Status: 2/22/07 Referred Spec Comm. on Professional Registration & Licensing; Issue 6
EDUCATION
EDUCATION
SB 243 – Mayer (R)
Relating to compulsory school attendance age
Status: 1/18/07 Referred: Education; Issue 3
HB 29 – Cunningham (R)
Relating to terms of service for members of certain special school districts
Status:Status: 2/21/07 Public Hearing Conducted; Issue 1
HB 181 - Sanders (R)
Requires captioning of electronic video instructional material
Status: 2/8/07 Referred Higher Education; Issue 1
HB 265 – Cunningham (R)
Relatiing to due process hearings
Status: 2/21/07 Rules Reported Do Pass – Federal Mandate (H); Issue 3
HB 415 – Cunningham (R)
Relating to First Steps Program
Eliminates all sunset provisions relating to early intervention services, known as the First Steps Program.
Status:1/17/07 Second Read; Issue 5
HB 418 – Cunningham (R)
Relating to the First Steps Program
Removes the special education enabling authority from a list of sections related to the First Steps Program scheduled for sunset by August 28, 2007.
Status: 2/1/07 Referred Elementary and Secondary Education; Issue 4
HB 449 – Schoemehl (D)
Relating to the First Steps Program
Eliminates all sunset provisions relating to early intervention services, known as the First Steps Program.
Status:1/18/07 Second Read; Issue 5
HB 623 – Faith (R)
Relating to the First Steps Program
Eliminates all sunset provisions relating to early intervention services, known as the First Steps Program.
Status:1/29/07 Second Read; Issue 6
HB 718 – Pearce (R)
Requires public school students enrolled in kindergarten or first grade to receive a comprehensive vision examination
Status: 2/22/07 Public Hearing Conducted; Issue 7
SB 16 – 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 or physician. The SCS requires the Department of Elementary and Secondary Education and the Department of Health and Senior Services 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 by submitting a written request to the appropriate school administrator. Beginning July 1, 2008, all public school districts shall conduct an eye screening for each student once before the completion of first grade and again before the completion of third grade. The eye screening method shall be approved by the Children's Vision Commission, which is established in this act, and shall be performed by an appropriately trained school nurse or other trained and qualified employee of the school district. The screening results, with all identifying information removed, shall be sent, via electronic form, to the Department of Health and Senior Services. The Children's Vision Commission shall be composed of seven members including two ophthalmologists, two optometrists, one school nurse, one representative from the Department of Elementary and Secondary Education, and one from the Missouri State School Boards Association. The duties of the Commission shall be to adopt standardized eye screening and examination tests, reporting forms, and appropriate training programs for school district staff. The Commission shall also conduct a pilot project to track the results of the eye screening versus eye examinations conducted based on the reports submitted by school districts to the Department of Health and Senior Services. By December 31, 2011, the Commission shall submit a report to the General Assembly detailing the results of the study along with data on the number of students who received a follow-up examination from an optometrist, ophthalmologist, physician, or doctor of osteopathy and the results of those examinations to determine the effectiveness of eye examinations versus eye screening. The Department of Health and Senior Services shall provide staff support to the Commission. Further, the SCS 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. The bill shall sunset in five years.
Status: 2/26/07 S Formal Calendar S Bills for Perfection w SCS; Issue 8
SB 36 – Days (D)
Relating to the First Steps Program
Status: 1/16/07 Referred Governmental Accountability & Fiscal Oversight; 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
Status: 2/8/07 Public Hearing Conducted; Issue 1
SB 131 – Rupp (R)
Relating to the sunset provision for the First Steps Program
Status: 2/8/07 Public Hearing Conducted; Issue 1
SB 133 – Rupp (R)
Alters provisions regarding due process hearings
Status: 2/7/07 Public Hearing Conducted; Issue 1
SB 140 – Rupp (R)
Relating to boards of education and due process hearings
Status: 2/7/07 Public Hearing Conducted; Issue 1
SB 141 – Nodler (R)
Removes reference to sunset of statute relating to special education of age 3 to 21 population
Status: 1/17/07 Referred: Governmental Accountability & Fiscal Oversight; Issue 1
SB 142 – Nodler (R)
Renders the MO Sunset Act not applicable with regard to the First Steps Program
Status: 1/17/07 Referred: Education; Issue 1
SB 147 – Nodler (R)
Alters provisions regarding expedited due process hearings
Status: 1/17/07 Referred: Education; Issue 1
SB 148 – Nodler (R)
Relating to boards of education and due process hearings
Status: 1/17/07 Referred: Education; Issue 1
SB 374 – Rupp (R)
Relating to funding for First Steps Program and HMO's
Status: 2/20/07 Voted Do Pass; Issue 4
SB 435 – Rupp (R)
Requires captioning of electronic video instructional materials
Status :2/22/07 Public Hearing Conducted; Issue 6
SB 436 – Rupp (R)
Modifies provisions relating to the First Steps Program
Status:2/7/07 Second Read; Issue 6
SB 566 – Kennedy (D)
Modifies provisions relating to the First Steps Program
Beginning January 1, 2008, this act provides that each publisher or vendor of print instructional materials must make electronic files of the materials available at no cost to schools purchasing the print materials, along with the right to reproduce and distribute such materials in specialized formats, such as Braille, large print, digital audio and electronic text. The publisher or vendor must deliver the electronic files within 30 days of the request by the school. If a publisher or vendor fails to comply with the provisions of this act, the publisher or vendor shall be liable to the school that purchased the materials in an amount of ten times the cost to the purchasing school to obtain materials in the needed specialized formats.
Status:2/20/07 First Read; Issue 8
OTHER
HB 451 – Baker (D)
Requires school districts to incorporate social & emotional development programs into their educational programs
(See Mental Health/Services)
EMPLOYMENT
EMPLOYMENT
HB 39 – Portwood (R)
Establishes eligibility requirements of an employed disabled person requesting medical assistance under the TWWIIA
Status:2/15/07 Senate First Read S; Issue 1
SB 77 – Scott (R)
Creates graduated increase in payments for sheltered workshops
Status:2/6/07 SCS Voted Do Pass; Issue 6
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
Status: 1/8/07 Bill withdrawn; Issue 1
SB 222 – 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
Status: 2/19/07 Public Hearing Conducted; Issue 2
TAX RELIEF
HB 40 – Portwood (R)
Changes laws regarding long term care insurance tax deduction and Establishes MO Long Term Care Partnership Act
Status: 2/13/07 Rules – Reported Do Pass (H); Issue 1
HB 104 – Meiners (D)
Relating to sales tax and modifications of a vehicle for a person with a disability
Specifies that the purchase price for calculating the sales tax of a motor vehicle excludes the cost to modify the vehicle for use by an individual with a disability.
Status: 2/22/07 Public Hearing Conducted; 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
Status: 2/7/07 Replaced with HCS HB 40, 116 & 367; Issue 1
HB 149 – Salva (D)
Authorizes a tax deduction for health insurance premiums
Status:1/4/07 Second Read; Issue 4
HB 168 – Hoskins (D)
Relating to an income tax credit for certain taxpayers age 65 and over
Status:1/25/07 Referred Ways & Means; Issue 1
HB 307 – Fares (R)
Authorizes a tax credit for elderly and disabled for real property taxes
Status: 2/7/07 Public Hearing Conducted; Issue 3
HB 383 – Wildberger (D)
Relating to tax deductions for long term care insurance premiums
Status: 1/16/07 Second Read; Issue 3
HB 359 – Frame (D)
Exempts residential property owned by those 62 and over from increases in assessed valuation
Status: 1/25/07 Referred Ways & Means; Issue 4
HB 364 – Ervin (R)
Authorizes tax deduction for personally funded health insurance premiums
Status: 2/15/07 HCS Voted Do Pass (H); Issue 4
HB 367 – Dethrow (R)
Authorizes tax deduction for non-reimbursed amounts paid for long term care insurance
Status: 2/7/07 Replaced with HCS HB 40, 116 & 367; Issue 4
HB 455 – Kraus (R)
Exempts real property owned by certain individuals age 65 and over from increases in assessed valuation
Status:1/25/07 Referred Ways and Means; Issue 4
HB 456– Kraus (R)
Limits increases in assessed valuation on real property owned by certain individuals age 65 or older
Status: 2/5 /07 Referred Ways & Means; Issue 4
HB 457 – Sutherland (R)
Increases amount of credit allowed under Circuit Breaker program and re-names the program
Status: 2/1/07 Public Hearing Scheduled; Issue 4
HB 506 – Bivins (R)
Authorizes a homestead exemption for elderly and disabled in St. Louis County
Status: 1/25/07 Referred Ways & Means; Issue 4
HB 516 – Portwood (R)
Changes the laws regarding the MO Homestead Preservation Act
Status: 2/1/07 Public Hearing held; Issue 4
HB 823 – Zweifel (D)
Relating to the Circuit Breaker Tax Credit
Beginning January 1, 2007, this bill changes the qualifications for and the amount of credit allowed under the senior citizen/disabled person property tax credit, commonly known as circuit breaker. The bill also: 1. Increases from $2,000 to $4,000 the amount of the exemption allowed for a married couple; 2. Increases from $25,000 to $30,000 the maximum income allowed to claim the credit and indexes the new amount by the increase in the federal Consumer Price Index in increments of $100; and 3. Increases from $13,000 to $18,000 the minimum base and indexes the new amount by the increase in the federal Consumer Price Index in increments of $100. The bill authorizes a state individual income tax credit equal to 20% of any earned income tax credit claimed by the taxpayer on his or her federal income tax return. The tax credit is not transferable or refundable and cannot be carried forward. An income tax deduction is authorized for any Social Security benefits or Social Security disability benefits received by married taxpayers who are 65 years of age or older with an annual combined income of $50,000 or less, or a single taxpayer who is 65 years of age or older with an annual income of $40,000 or less if the benefits are included in the taxpayer's federal adjusted gross income. The provisions of the bill will expire on December 31 six years from the effective date.
Status: 2/12/07 Second Read; Issue 8
SB 07 – Loudon (R)
Creates an income tax deduction for medical expenses
Status: 1/16/07 Referred: Ways & Means; Issue 1
SB 08 – Kennedy (D)
Provides a tax credit for modifying a home for a disabled person
Status: 2/26/07 S Consent Calendar; Issue 1
SB 32 – Bray (D)
Allows senior citizens to defer property tax payment
Status: 1/16/07 Referred: Ways & Means; Issue 1
SB 324 – Loudon (R)
Modifies provisions of the Special Needs Adoption Tax Credit Program
Status:1/22/07 Referred Ways & Means; Issue 4
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
Status: 2/14/07 Referred Health Care Policy; Issue 1
HB 95 – Sater (R)
Relating to reforms for the MO Medicaid Program and purchase of health insurance for uninsured
Status: 2/6/07 Public Hearing Conducted; 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)
HB 149 – Salva (D)
Authorizes a tax deduction for health insurance premiums
(See Funding/Tax Relief)
HB 364 – Ervin (R)
Authorizes tax deduction for personally funded health insurance premiums
(See Funding/Tax Relief)
HB 367 – Dethrow (R)
Authorizes tax deduction for non-reimbursed amounts paid for long term care insurance
(See Funding/Tax Relief)
HB 383 – Wildberger (D)
Relating to tax deductions for long term care insurance premiums
(See Funding/Tax Relief)
HB 424 – Whorton (D)
Increases resource limit for eligibility for medical assistance
Status: 2/1/07 Referred Special Committee on Health Insurance; Issue 4
HB 447 – Schaaf (R)
Relating to MO Medicaid benefits
Status: 2/6/07 Public Hearing Completed; Issue 5
HB 484 – Hughes (D)
Establishes the MO Universal Health Insurance Act
Status:1/22/07 Second Read; Issue 4
SB 15 – Scott (R)
Establishes a long term care insurance public-private partnership program
Status: 1/30/07 Public Hearing held; Issue 1
SB 95 – Bray (D)
Requires applicants for Medicaid and the CHIP to identify proposed beneficiary’s employer
Status:1/23/07 Public Hearing Held; Issue 1
SB 113 – Shoemyer (D)
Requires health carriers to include DME providers within their service provider networks
Status: 1/17/07 Referred: Small Business, Insurance & Industrial Relations; Issue 1
SB 118 – Griesheimer (R)
Requires insurance companies to provide coverage for computerized prosthetic devices
The SCS 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 either the temperature is expected to rise above 95 degrees or the heat index is expected to rise above 105 degrees for the following twenty-four hour period or on days when service personnel will not be available to reconnect service and the temperature or heat index is expected to rise above these marks.
Status: 2/15/07 SCS Voted Do Pass; Issue 8
SB 122 – Bray (D)
Establishes the MO Universal Health Assurance Program
Status:1/30/07 Public Hearing held; Issue 1
SB 179 – Green (D)
Requires any applicant for health care benefits under a public assistance program to identify their employer
Status: 2/13/07 Public Hearing held; Issue 1
SB 248 – Days (D)
Establishes a long-term care insurance public-private partnership program
Status: 1/18/07 Referred: Health & Mental Health; Issue 3
SB 577 – Shields (R)
Enacts the "Missouri Health Improvement Act of 2007"
The bill establishes the Missouri Health Improvement Act of 2007, modifying various provisions relating to the state medical assistance program and changing the name of the program to MO HealthNet. Beginning no later than July 1, 2008, the Mo HealthNet Division, within the Department of Social Services, shall function as a third party administrator, providing by July 1, 2013, all participants of MO HealthNet a choice of three health improvement plans. The three choices for a health improvement plan include the following: (1.) a risk-bearing care coordination program, which consists of coordinated care with a guaranteed savings level that is actuarially sound while limiting the profit that is generated to the vendor. (2.) an administrative services organizations program, which consists of a system of health care delivery providing care management and health plan administration services on a non-capitated basis where the financial terms shall require that the vendor fees are reduced if savings and quality targets specified by the department are not met. (3.) a state care management point of service program, which consists of a system of health care delivery administered by the department of social services. The department shall implement a risk-bearing care coordination program, an administrative services organization program, and a state care management point of service program in areas with similar demographics and populations. All models shall be evaluated annually on the basis of quality, cost, health improvement, health outcomes, social and behavioral outcomes, health status, customer satisfaction, use of evidenced-based medicine, and use of best practices. The annual evaluation by the department shall be submitted to the “Oversight Committee on Health Improvement Plans”, which is established in this bill. The Oversight Committee shall review participant and provider satisfaction reports and other specified data to analyze and determine the health or other outcomes and financial impact from the programs. The committee shall also perform other tasks as necessary to ensure quality of care, availability, participant satisfaction and status information on the programs. By July 1, 2013, the oversight committee shall issue findings to the general assembly on the success and failures of the health improvement plans and recommend whether to discontinue any of the programs. The department shall have rules outlining an exemption process for participants whose current treating physicians are not participating in either a risk-bearing care coordination or ASO network in order to prevent interruption in the continuity of medical care. However, the department shall formulate a plan so that by July 1, 2013, all participants are enrolled in one of the health improvement programs. By July 1, 2008, the department shall begin enrollment of parents and children not already enrolled in Missouri Medicaid managed care in a health improvement plan, with complete enrollment by July 1, 2009. By July 1, 2009, the department shall begin enrollment in a health improvement plan one-half of the aged, blind and disabled participants, on an opt-out basis, with complete enrollment by July 1, 2013. The bill specifies the elements required of all health improvement plans, including offering a health care advocate for the participant of a health improvement plan to provide comprehensive coordinated physical and behavioral health in partnership with the patient, their family, and their caregivers to assure optimal consideration of medical, behavioral or psychosocial needs. The services of the health care advocate shall provide a health care home for the participant, where the primary goal is to assist patients and their support system with accessing more choices in obtaining primary care, coordinating referrals, and obtaining specialty care. For all health improvement programs, the vendor shall issue electronic access cards bearing the vendor's logo to participants. Such cards may be used to satisfy cost-sharing at the hospital, physician's office, pharmacy, or any other health care professional and also allow participants to earn enhanced health improvement points by signing a health improvement participant agreement, participating in healthy practices, and making responsible lifestyle choices. These points will provide participants the ability to use the card to pay for approved health care expenditures. The health care advocate shall advise the participant regarding the appropriate health care expenditures for each participant consistent with the participant's plan of care. Participants engaging in a discussion with their health care advocate on the plan of care may access, under certain circumstances, physical therapy, speech therapy, or occupational therapy. The Healthcare Technology Fund is created and shall be administered by the Department of Social Services. Upon appropriation, moneys in the fund shall be used to promote technological advances to improve patient care, decrease administrative burdens, and increase patient and health care provider satisfaction. Any programs or improvements on technology shall include encouragement and implementation of technologies intended to improve the safety, quality and costs of health care services in the state. The department shall promulgate rules setting forth the procedures and methods for implementing the provisions of the section. The provisions of this section are similar to SB 274 (2007).The Missouri Long-Term Care Partnership Program is established. The Department of Social Services shall, in conjunction with the Department of Insurance, Financial Institutions and Professional Registration, shall coordinate the program so that private insurance and MO Health Net 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 Mo HealthNet without first being required to substantially exhaust his or her resources. Individuals seeking to qualify for MO HealthNet 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 Mo HealthNet. 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 bill.
The provisions of these sections are substantially similar to SCS/SB 15 (2007).The Department of Social Services is authorized to implement a premium offset program for making standardized private health insurance coverage available to qualified individuals. The department shall seek to obtain federal financial participation in the program. The premium offset from the MO HealthNet division shall only be due if the employer and employee pay their share of the required premium. The bill provides that individuals with more than $500,000 in home equity will no longer qualify for long-term care services under MO HealthNet. The bill repeals the provision establishing the Medicaid Reform Commission and the June 30, 2008, expiration date for the current Medicaid system, as well as the expiration date for the Health Care for Uninsured Children program and provides that the program shall be void and of no affect if there are no funds appropriated by Congress to be provided to Missouri.
Status: 2/22/07 First Read; Issue 8
OTHER
HB 55 – Slater (R)
Establishes the Healthcare Technology Fund and the MO Healthcare Technology Commission
Status: 2/14/07 Referred Health Care Policy; Issue 1
HB 182 – Bruns (R)
Establishes the Outside the Hospital Do-Not-Resuscitate Act
Status: 2/20/07 Public Hearing Conducted; Issue 1
HB 203 – Deeken (R)
Modifies eligibility requirements for the Netabolic Formula Distribution Program
Status:2/13/07 Public Hearing held (H); Issue 2
HB 204 – Whorton (D)
Relating to MO Medicaid benefits
Status :2/1/07 Referred Health Care Policy; Issue 2
HB 216 – Stevenson (R)
Establishes the Umbilical Cord Blood Bank Program
Status: 2/7/07 Public Hearing Conducted; Issue 1
HB 569 – Portwood (R)
Increases fees for copying patient medical records
Status: 1/25/07 Second Read; Issue 5
HB 817 – Davis (R)
Establishes the Universal Patients Protection Act
Establishes the Uninsured Patients Protection Act which prohibits Missouri-licensed hospitals from charging a person who is not eligible for medical assistance and who is uninsured more than the current federal Medicare reimbursement rate for the services provided.
Status: 2/12/07 Second Read; Issue 8
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
Status:1/30/07 SCS Voted Do Pass S; Issue 1
SB 274 – Shields (R)
Creates the "Healthcare Technology Fund"
Status: 2/26/07 S Formal Consent Calendar S Bills for Perfection; Issue 3
SJR 10 – Bartle (R)
Repeals the constitutional provisions regarding stem cell research
Status: 1/22/07 Referred Judiciary and Civil & Criminal Jurisprudence; Issue 2
PHARMACEUTICAL
HB 314 – Tilley (R)
Relating to the practice of pharmacy and establishing the Well-being Committee
Status: 1/30/07 Withdrawn; Issue 3
LEGAL RIGHTS & RESPONSIBILITIES
OTHER
HB 528 – Donnelly (D)
Relating to criminal securities fraud against the elderly & disabled
Status: 1/24/07 Second Read; Issue 5
SB 177 – Green (D)
Relating to crimes of security fraud against the elderly or disabled
Status: 1/17/07 Referred: Judiciary and Civil & Criminal Jurisprudence; Issue 1
SB 465 - Callahan (D)
Authorizes individuals to sue for Medicaid fraud & modifies various provisions relating to investigation of such fraud
Status: 2/8/07 Referred Health & Mental Health; Issue 6
SB 532 - Louden (R)
Modifies MO Human Rights Law
Modifies the causation standard, which is the basis for a discriminatory employment practice under Missouri's human rights law. For the purposes of human rights violations for discriminatory employment practices, the bill changes the definition of "discrimination" from "unfair treatment based on" race, color, religion, national origin, ancestry, sex, age, disability, or familial status to "adverse actions motivated by" such factors. Currently the definition of "employer" includes persons directly acting in the interest of an employer. The bill removes such individuals from the definition. The bill supplants the current nomenclature describing the standard for discrimination. Currently, violations occur when an individual discriminates "because of" race, color, religion, national origin, ancestry, sex, age, disability, or familial status. This act replaces that standard with discrimination which is "motivated by" such traits. Employers may escape liability if they prove they would have taken the same action absent the discriminatory motivating factor. When an employer engages in a discriminatory employment practice that creates a cause of action and subsequently discovers evidence that would have constituted cause for dismissal, compensatory damages will be computed only up to the time when the employer would have dismissed the employee. The bill bars punitive and exemplary damage awards against public entities for human rights violations.
Status: 2/21/07 Referred Judiciary and Civil & Criminal Jurisprudence; Issue 8
VOTING
HB 138 – Salva (D)
Relating to voting machines and paper ballots
Status: 1/4/07 Second Read; Issue 1
HB 349 – Skaggs (D)
Relating to requirements for distribution of voter registration applications
Status: 1/16/07 Second Read; Issue 3
MENTAL HEALTH
SERVICES
HB 435 – Stevenson (R)
Creates the crime of abuse of a vulnerable person in the first, second and third degrees
Status: 2/5/07 Referred Health Care Policy; Issue 5
HB 451 – Baker (D)
Requires school districts to incorporate social & emotional development programs into their educational programs
Status:1/18/07 Second Read; Issue 4
HB 534 – Walsh (D)
Establishes the Safe Staffing and Accountability Act for Mental Health Facilities
Status: 1/24/07 Second Read; Issue 5
HB 535 – Walsh (D)
Changes the laws regarding the regulation of state and private mental health facilities
Status: 1/24/07 Second Read; Issue 6
HB 767 – Aull (D)
Requires private mental health facilities and group homes to meet the same requirements as state-operated facilities
Requires private mental health facilities and group
Home for the mentally retarded and developmentally disabled to have the same requirements as state-operated facilities. The
bill: 1. Adds private mental health workers and group homes to the provisions regarding the Family Care Safety Registry; 2. Specifies that private mental health facilities and group homes are included in the standards and licensure requirements
for residential facilities and day programs; 3. Requires the Department of Mental Health to terminate a contract with a vendor who has a pattern of abuse and neglect or has misappropriated client funds or property; 4. Requires the department to establish standards for each type of facility, program, or group home into either Class I, Class
II, or Class III standards; 5. Specifies that the operator of any facility, group home, or program in violation of the licensing rules is liable for civil
penalties up to $25,000 for each day the violation exists or continues to exist; 6. Defines "group home," "mental health provider," and "mental
health worker"; 7. Requires the dismissal of any private employee who knowingly violates state laws or rules; 8. Requires private mental health facilities and group homes to submit a quarterly report on any staff and personnel turnover to the department and General Assembly; and 9. Places a moratorium on the transfer of patients to private mental health facilities or group homes until the provisions of the bill have been fully implemented.
Status: 2/7/07 Second Read; Issue 8
SB 03 – Gibbons (R)
Enacts provisions on mental health reform
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. The SCS 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. This act also imposes sanctions and penalties on providers that prevent or discourage the reporting of abuse and neglect. A mental health fatality review panel is established to review all suspicious 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. Civil immunity is 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 is increased up to 10,000 dollars per day. The current fine is 100 dollars per day. "Vulnerable person" is defined as any person in the custody, care, or control of the department that is receiving services from an operated, funded, licensed, or certified program. The bill also creates the crime of "vulnerable person abuse" and provides for mandatory reporting of suspected vulnerable person abuse. The Department of Mental Health shall notify the Department of Health and Senior Services within ten days of revoking a license of an operator of a facility. If the Department of Health and Senior Services has not already done so, the department shall, within 30 days of such notice, initiate an investigation of the facility to determine whether licensure action is appropriate. By December 1, 2010, all residential care facilities and assisted living facilities licensed by the Department of Health and Senior Services shall have in place sprinklers, heat rise detectors, and smoke alarms. As part of licensure, such facilities shall be annually inspected by the division of fire safety within the department of public safety for testing and maintenance of the fire safety equipment. Reports of the inspections shall be forwarded to the Department of Health and Senior Services.
Status: 2/26/07 S Formal Calendar S Bills for Perfection w SCS; Issue 8
SB 174 – Green (D)
Modifies laws on mental health facilities and group homes
Status: 2/13/07 Public Hearing held; Issue 1
SB 191 – Days (D)
Enacts provisions on children’s mental health
Status: 1/17/07 Referred: Health & Mental Health; Issue 1
OLMSTEAD
OLMSTEAD
HB 466 – Schaaf (R)
Limits Certificate of Need Program to long-term care facilities
Status: 2/21/07 Rules Action Postponed; Issue 4
HB 674 – Dempsey (R)
Relating to sprinkler systems in long term care facilities
Status: 2/13/07 Public Hearing Conducted; Issue 6
HB 769 – Bruns (R)
Prescribes protection for vulnerable adults and children & transfers Div. Of Aging from DSS to DHSS
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. 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 15. 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.
Status: 2/8/07 Second Read; Issue 8
HB 775 – Wasson (R)
Requires DHSS to supply the employee disqualification list to nursing and medical schools
Requires the Department of Health and Senior Services to provide the employee disqualification list to any school of nursing, school of medicine, or school of any other health profession to verify whether students participating in patient care services are on the disqualification list. The list
identifies individuals who have been determined by the department to have recklessly, knowingly, or purposely abused or neglected an in-home services or home health patient while employed by an in-home services provider or home health agency.
Status: 2/22/07 Public Hearing Conducted; Issue 8
HB 786 – Oxford (D)
Requires the development of caseload standards for DHSS and DMH
Requires the development of caseload standards by the departments of Health and Senior Services and Mental Health. The bill: 1. Defines "caseload standards" and "professional caseload standards" for the departments; 2. Requires the directors of the departments to develop caseload standards for his or her department based on the actual duties of employees, existing professional caseload standards, and standards developed by other states for workers in similar positions; 3. Requires each director to convene at least annually a caseload standards advisory committee within his or her department to review caseload standards and recommend minimum and maximum caseloads for each category of workers employed by the department; 4. Requires the directors to submit an annual report to the General Assembly on the established caseload standards and actual caseloads for employees; and 5. Specifies that employees are required to make a good faith effort to complete all their assignments even if they are in excess of the specified caseload standards.
Status: 2/8/07 Second Read; Issue 8
SB 15 – Scott (R)
Establishes a long term care insurance public-private partnership program
(See Health Care/ Insurance)
SB 248 – Scott (R)
Establishes a long-term care insurance public-private partnership program
(See Health Care/ Insurance)
SB 397 – Stouffer (R)
Modifies provisions relating to applications for long term care facilities
Status: 2/26/07 S Consent Calendar w SCS; Issue 5
SB 446 – Goodman (R)
Modifies provisions relating to fire safety standards in long-term care facilities
Status: 2/13/07 Public Hearing held; Issue 6
SB 490 – Mayer (R)
Modifies provisions relating to citizens most at risk for exploitation
Status: 2/14/07 Referred Seniors, Families and Public Health; Issue 7
PREVENTION
OTHER
HB 90 – St. Onge (R)
Requires all drivers and passengers in cars or trucks to wear seat belts
Status: 2/21/07 Rules Reported Do Pass; Issue 1
HB 155 – Dusenberg (R)
Relating to the motorcycle helmet law
Status: 2/22/07 Referred Rules Pursuant to Rule 25(21)(f)(H); Issue 1
HB 443 – Roorda (D)
Requires all drivers and passengers in cars or trucks to wear seat belts with certain exemptions
Status:1/18/07 Second Read; Issue 4
SB 252 – Ridgeway (R)
Relating to the motorcycle helmet law
Status: 2/14/07 Public Hearing Conducted; Issue 3
SERVICES FOR PEOPLE WITH DISABILITIES
SERVICES
HB 87 – Kraus (R)
Creates the Needy Persons Fund
Status: 2/22/07 Referred Spec. Comm. On Tax Reform; Issue 1
HB 98 – Parson (R)
Authorizes each Area Agency on Aging to establish a volunteer transportation program for the elderly
Status: 2/7/07 Public Hearing Conducted; Issue 1
HB 242 – Bruns (R)
Relating to Autism Awareness Month & Day
Status: 2/5/07 Referred Health Care Policy; Issue 2
HB 314 – Tilley (R)
Relating to the practice of pharmacy and establishing the Well-being Committee
(See Health Care/Pharmaceutical)
HB 330 – Schaaf (R)
Relating to state disabilitity benefits
Status: 2/5/07 Referred Health Care Policy; Issue 4
HB 573 – St. Onge (R)
Relating to disabled windshield placards
Status: 2/5/07 Referred Transportation; Issue 5
HB 582 – Storch (D)
Changes the laws regarding the Missouri Family Trust
Status: 1/25/07 Second Read; Issue 5
HB 590 – Tilley (R)
Establishes the Well-being Committee to aid impaired pharmacists
Status: 2/6/07 Replaced with HCS HB 545 & 590; Issue 5
HB 612 – Komo (D)
Relating to the Vietnam Veterans Survivors Grant Program
Expands the Vietnam Veteran's Survivors Grant Program by including Vietnam veterans who are 100% disabled as a result of injuries sustained while serving in the military during the Vietnam War. These veterans will be eligible to receive scholarships under this program regardless of their age.
Status: 1/29/07 Second Read; Issue 6
HB 646 – Young (D)
Relating to disabled parking signs
Requires all new signs erected after August 28, 2007, relating to disabled parking to contain the words "Accessible Parking" instead of "Handicap Parking."
Status: 1/30/07 Second Read; Issue 6
HB 745 – Davis (R)
Relating to the Blindness Education, Screening & Treatment Program Fund
Status: 2/6/07 Second Read; <Issue 7
HB 796 – Dethrow (R)
Relating to renewal of disabled license plates or placards
Exempts any disabled person 65 years of age or older from the physician's statement requirement when renewing disabled license plates or placards.
Status: 2/22/07 Referred Spec Comm. on Senior Citizen Advocacy; Issue 8
SB 11 – Coleman (D)
Creates a hot weather rule for maintenance of utility services
Status: 2/15/07 SCS Voted Do Pass S; Issue 1
SB 14 – Scott (R)
Authorizes volunteer transportation services for the elderly
Status: 2/20/07 Voted Do Pass; Issue 1
SB 238 – Stoffer (R)
Relating to requirements for renewal of windshield placards
Status: 2/26/07 Senate Consent Calendar; Issue 3
SB 333 – Stouffer (R)
Revises provisions relating to the newly renamed MO Brain Injury Advisory Council
Status: 2/20/07 Public Hearing Conducted; Issue 4
SB 464 – Callahan (D)
Relating to disabled parking signs
Requires all new signs erected after August 28, 2007, relating to disabled parking to contain the words "Accessible Parking" instead of "Handicap Parking." The bill is similar to SB 1180 ands HB 1035 (2006).
Status: 2/8/07 Referred Transportation; Issue 6
Last modified: 02.26.07
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