SB 910 — Modifies the offense of abuse of elderly, disabled, or vulnerable persons

SECOND5155S.03C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

910 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYrepeal SENATORsection SCHNELTING.565.184, RSMo, and to enact in lieu thereof one new section relating to the abuse or neglect of certain persons, with penalty provisions.

5155S.01I KRISTINAMARTIN, Secretary ANACT To repeal sections 198.036, 198.528, 198.532, and 565.184, RSMo, and to enact in lieu thereof five new sections relating to the abuse or neglect of certain persons, with penalty provisions.

SectionsSection 198.036, 198.528, 198.532, and 565.184, RSMo, areis repealed and fiveone new sectionssection enacted in lieu thereof, to be known as sectionssection 198.019, 198.036, 198.528, 198.532, and 565.184, to read as follows:

198.019.

1.

As used in this section, the term "long- term care facility" means any facility licensed under this chapter.

2.

Except as otherwise provided in subsection 3 of this section, each long-term care facility shall maintain liability insurance coverage in a minimum amount of one million dollars to insure against losses resulting from the negligent or criminal acts of the facility that constitute abuse, neglect, or wrongful death of any resident.

3.

A long-term care facility shall be exempt from the requirement to maintain liability insurance coverage under subsection 2 of this section if the long-term care facility maintains a reserve account, segregated from its operational funds, of at least one million dollars to cover losses resulting from the negligent or criminal acts of the EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.

SB 910 2 facility that constitute abuse, neglect, or wrongful death of any resident.

198.036.

1.

The department may revoke a license in any case in which it finds that:

(1) The operator failed or refused to comply with class I or II standards, as established by the department pursuant to section 198.085;

or failed or refused to comply with class III standards as established by the department pursuant to section 198.085, where the aggregate effect of such noncompliances presents either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result;

(2) The operator refused to allow representatives of the department to inspect the facility for compliance with standards or denied representatives of the department access to residents and employees necessary to carry out the duties set forth in this chapter and rules promulgated thereunder, except where employees of the facility are in the process of rendering immediate care to a resident of such facility;

(3) The operator knowingly acted or knowingly omitted any duty in a manner which would materially and adversely affect the health, safety, welfare or property of a resident;

(4) The operator demonstrated financial incapacity to operate and conduct the facility in accordance with the provisions of sections 198.003 to 198.096;

(5) The operator or any principals in the operation of the facility have ever been convicted of, or pled guilty or nolo contendere to a felony offense concerning the operation of a long-term health care facility or other health care facility, or ever knowingly acted or knowingly failed to perform any duty which materially and adversely affected the SB 910 3 health, safety, welfare, or property of a resident while acting in a management capacity.

The operator of the facility or any principal in the operation of the facility shall not be under exclusion from participation in the Title XVIII (Medicare) or Title XIX (Medicaid) program of any state or territory;

[or] (6) The operator or any principals involved in the operation of the facility have ever been convicted of or pled guilty or nolo contendere to a felony in any state or federal court arising out of conduct involving either management of a long-term care facility or the provision or receipt of health care;

or (7) The operator failed to maintain liability insurance coverage or a reserve account as required under section 198.019.

2.

Nothing in subdivision (2) of subsection 1 of this section shall be construed as allowing the department access to information not necessary to carry out the duties set forth in sections 198.006 to 198.186.

3.

Upon revocation of a license, the director of the department shall so notify the operator in writing, setting forth the reason and grounds for the revocation.

Notice of such revocation shall be sent by a delivery service that provides a dated receipt of delivery to the operator and administrator, or served personally upon the operator and administrator.

The department shall provide the operator notice of such revocation at least ten days prior to its effective date.

198.528.

1.

The department of health and senior services shall provide through its internet website:

(1) The most recent survey of every long-term care facility licensed in this state and any such findings of SB 910 4 deficiencies and the effect the deficiency would have on such facility.

If such survey is in dispute, the survey shall not be posted on the website until the facility's informal dispute resolution process resolves the dispute and the department shall, upon request of the facility, post the facility's response;

(2) The facility's proposed plan of correction;

(3) A link to the federal website that provides a summary of facility surveys conducted over the last three years;

and (4) Information on how to obtain a copy of a complete facility survey conducted over the last three years.

2.

(1) The department shall display an abuse and neglect icon in form of a visible, standardized graphic symbol next to the informational listing on its website of any facility that has a substantiated finding of abuse or neglect from: