HB 3467 — Modifies provisions relating to county developmental disability resource board taxes

The provision of sheltered workshop employee or other client transportation in vehicles owned and operated or hired by the department of elementary and secondary education shall not unduly interfere with the routes and schedules of the Missouri schools for the severely disabled and reasonable compensation may be paid by the sheltered workshop or other facility for the developmentally disabled to the department of elementary and secondary education.

4.

The department of elementary and secondary education may secure transportation for students in the Missouri schools for the severely disabled in vehicles owned and operated or hired by sheltered workshops or other facilities operated under the provisions of sections 205.968 to [205.973] 205.974 and make reasonable compensation for the service to the sheltered workshop or other facility for the developmentally disabled.

205.968.

1.

As set forth in section 205.971 or subsection 4 of section 205.974, when a levy is approved by the voters, the governing body of any county or city not within a county of this state shall establish a board of directors.

The board of directors shall be a legal entity empowered to establish and/or operate a sheltered workshop as defined in section 178.900, residence facilities, or related services, for the care or employment, or both, of persons with a disability.

The facility may operate at one or more locations in the county or city not within a county.

Once established, the board may in its own name engage in and contract for any and all types of services, actions or endeavors, not contrary to the law, necessary to the successful and efficient prosecution and continuation of the business and purposes for which it is created, and may purchase, receive, lease or otherwise acquire, own, hold, improve, use, sell, convey, exchange, transfer, and otherwise dispose of real and personal property, or any interest therein, or other assets wherever situated and may incur liability and may borrow money at rates of interest up to the market rate published by the Missouri division of finance.

The board shall be taken and considered as a "political subdivision" as the term is defined in section 70.600 for the purposes of sections 70.600 to 70.755.

2.

Services may only be provided for those persons defined as persons with a disability in section 178.900 and those persons defined as persons with a disability in this section whether or not employed at the facility or in the community, and for persons who are disabled due to developmental disability.

Persons having substantial functional limitations due to a mental illness as defined in section 630.005 shall not be eligible for services under HCS HB 3467 4 the provisions of sections 205.968 to [205.972] 205.974 except that those persons may participate in services under the provisions of sections 205.968 to [205.972] 205.974.

All persons otherwise eligible for facilities or services under this section shall be eligible regardless of their age;

except that, individuals employed in sheltered workshops must be at least sixteen years of age.

The board may, in its discretion, impose limitations with respect to individuals to be served and services to be provided.

Such limitations shall be reasonable in the light of available funds, needs of the persons and community to be served as assessed by the board, and the appropriateness and efficiency of combining services to persons with various types of disabilities.

3.

For the purposes of sections 205.968 to [205.972] 205.974, the term (1) "Developmental disability" shall mean either or both paragraph (a) or (b) of this subsection:

(a) A disability which is attributable to intellectual disability, cerebral palsy, autism, epilepsy, a learning disability related to a brain dysfunction or a similar condition found by comprehensive evaluation to be closely related to such conditions, or to require habilitation similar to that required for intellectually disabled persons;

and a.

Which originated before age eighteen;

and b.

Which can be expected to continue indefinitely;

(b) A developmental disability as defined in section 630.005;

(2) "Person with a disability" shall mean a person who is lower-range educable or upper-range trainable intellectually disabled or a person who has a developmental disability.

TheIf the annual revenue collected from the property tax imposed under sections 205.971 to 205.972 decreases below the amount of revenue generated from such property tax collected during the 2026 fiscal year, the board established under the provisions of sections 205.968 to 205.974 may request that the governing body of the county or city not within a county submit to the qualified voters of such county or city not within a county a proposition to impose a sales tax in an amount up to one-half of one percent on all retail sales made in the county or city not within a county in which the board operates that are subject to taxation under the provisions of sections 144.010 to 144.525 for the purpose of establishing, improving, and maintaining the county or city not within a county sheltered workshop, residence,residence facility, or related services.

The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law,law and may be imposed in addition to the property tax authorized under sections 205.971 to 205.972, except that no sales tax imposed pursuant to the provisions of this section shall be effective unless the boardgoverning body of the county or city not within a county submits to the voters of such county or city,city not within a county, at a municipal or HCS HB 3467 5 state general, primary, or special election, a proposal to authorize the governing body of thesuch citycounty or city not within a county to impose a tax under this section.

Shall ______ (name of county or city not within a county) impose a sales tax of ______ (insert amount up to one-half of one percent) for the purpose of establishing, improving, (and) (or) maintaining a sheltered workshopworkshop, (and) (or) EXPLANATIONresidence —facility, Matter(and) enclosed(or) inrelated bold-facedservices bracketsfor [thus]people inwith thedevelopmental abovedisabilities? billYES isNO notIfyou enactedare andin isfavor intendedof tothe bequestion, omittedplace froman "X" in the law.box opposite "YES".

Matter in bold-face type in the above bill is proposed language.

HB 3467 2 residence facility (and) (or) related services for people with developmental disabilities? YES NO Ifyou are in favor of the question, place an "X" in the box opposite "YES".

If a majority of the votes cast by the qualified voters voting thereon are opposed to the proposal, the boardgoverning body of such county or city not within a county shall not impose the sales tax authorized in this section unless and until the boardgoverning body resubmits a proposal to the voters to authorize the boardgoverning body to impose the sales tax authorized by this section and such proposal is approved by a majority of the qualified voters voting thereon.

All(1) revenueIf received by a county or city fromnot thewithin taxa authorizedcounty underhas thisnot sectionestablished shalla beboard depositedand inimplemented a specialproperty fund,tax as otherallowed proceeds collected under the provisions of sections 205.971205.968 andto 205.972205.974 andon shallor bebefore usedthe solelyeffective fordate of this section, the purposescounty specifiedor incity not within a county establishing a board after the proposaleffective submitteddate underof this section formay sochoose longto assubmit to the voters the property tax shallauthorized remainunder insections effect.205.971 to 205.972 or may choose to submit the sales tax authorized under this section without first imposing such property tax.

(2) If such county or city not within a county establishing a board after the effective date of this section submits the property tax authorized under sections 205.971 to 205.972, is authorized by the voters to impose such property tax, and the annual revenue collected from the authorized property tax decreases below the amount of revenue generated from such property tax collected during the first full fiscal year of the implementation of such tax, such county or city not within a county may submit the sales tax authorized under this section subject to the other provisions of this section and HCS HB 3467 6 if approved by the voters, may impose such sales tax in addition to the property tax imposed for the same purpose in order to supplement.

5.

All revenue received by a county or city not within a county from the tax authorized under this section shall be deposited in a special fund, as other proceeds collected under the provisions of sections 205.971 and 205.972, and shall be used solely for the purposes specified in the proposal submitted under this section for so long as the tax shall remain in effect.

630.140.

1.

Information and records compiled, obtained, prepared or maintained by the residential facility, mental health program operated, funded or licensed by the department or otherwise, specialized service, or by any mental health facility or mental health program in which people may be civilly detained pursuant to chapter 632 in the course of providing services to either voluntary or involuntary patients, residents or clients shall be confidential.

2.

The facilities or programs shall disclose information and records including medication given, dosage levels, and individual ordering such medication to the following upon their request:

(1) The parent of a minor patient, resident or client;

(2) The guardian or other person having legal custody of the patient, resident or client;

(3) The attorney of a patient, resident or client who is a ward of the juvenile court, an alleged incompetent, an incompetent ward or a person detained under chapter 632, as evidenced by court orders of the attorney's appointment;

(4) An attorney or personal physician as authorized by the patient, resident or client;

(5) Law enforcement officers and agencies, information about patients, residents or clients committed pursuant to chapter 552, but only to the extent necessary to carry out the responsibilities of their office, and all such law enforcement officers shall be obligated to keep such information confidential;

(6) The entity or agency authorized to implement a system to protect and advocate the rights of persons with developmental disabilities under the provisions of 42 U.S.C.

Sections 15042 to 15044.

The entity or agency shall be able to obtain access to the records of a person with developmental disabilities who is a client of the entity or agency if such person has authorized the entity or agency to have such access;

and the records of any person with developmental disabilities who, by reason of mental or physical condition is unable to authorize the entity or agency to have such access, if such person does not have a legal guardian, conservator or other legal representative, and a complaint has been received by the entity or agency with respect to such person or there is probable cause to believe that such person has been subject to abuse or neglect.

The entity or agency obtaining access to a person's records shall meet all requirements for confidentiality as set out in this section;

HCS HB 3467 7 (7) The entity or agency authorized to implement a system to protect and advocate the rights of persons with mental illness under the provisions of 42 U.S.C.

Section 10801 et seq., as amended, shall be able to obtain access to the records of a patient, resident or client who by reason of mental or physical condition is unable to authorize the system to have such access, who does not have a legal guardian, conservator or other legal representative and with respect to whom a complaint has been received by the system or there is probable cause to believe that such individual has been subject to abuse or neglect.

The entity or agency obtaining access to a person's records shall meet all requirements for confidentiality as set out in this section.

The provisions of this subdivision shall apply to a person who has a significant mental illness or impairment as determined by a mental health professional qualified under the laws and regulations of the state;

and (8) To individuals, designated by the department of mental health as community mental health liaisons, for the purpose of coordination of care and services.

3.

The facilities or services may disclose information and records under any of the following:

(1) As authorized by the patient, resident or client;

(2) To persons or agencies responsible for providing health care services to such patients, residents or clients as permitted by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended;

(3) To the extent necessary for a recipient to make a claim or for a claim to be made on behalf of a recipient for aid or insurance;

(4) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, program evaluations or similar studies;

provided, that such personnel shall not identify, directly or indirectly, any individual patient, resident or client in any report of such research, audit or evaluation, or otherwise disclose patient, resident or client identities in any manner;

(5) To the courts as necessary for the administration of chapter 211, 475, 552, or 632;

(6) To law enforcement officers or public health officers, but only to the extent necessary to carry out the responsibilities of their office, and all such law enforcement and public health officers shall be obligated to keep such information confidential;

(7) Pursuant to an order of a court or administrative agency of competent jurisdiction;

(8) To the attorney representing petitioners, but only to the extent necessary to carry out their duties under chapter 632;

(9) To the department of social services or the department of health and senior services as necessary to report or have investigated abuse, neglect, or rights violations of patients, residents, or clients;

HCS HB 3467 8 (10) To a county board established pursuant to sections 205.968 to [205.973] 205.974, but only to the extent necessary to carry out their statutory responsibilities.

The county board shall not identify, directly or indirectly, any individual patient, resident or client;

(11) To parents, legal guardians, treatment professionals, law enforcement officers, and other individuals who by having such information could mitigate the likelihood of a suicide.

The facility treatment team shall have determined that the consumer's safety is at some level of risk;

(12) To individuals, designated by the department of mental health as community mental health liaisons, for the purpose of coordination of care and services.

4.

The facility or program shall document the dates, nature, purposes and recipients of any records disclosed under this section and sections 630.145 and 630.150.

5.

The records and files maintained in any court proceeding under chapter 632 shall be confidential and available only to the patient, the patient's attorney, guardian, or, in the case of a minor, to a parent or other person having legal custody of the patient, to the petitioner and the petitioner's attorney, and to the Missouri state highway patrol for reporting to the National Instant Criminal Background Check System (NICS), and to individuals designated by the department of mental health as community mental health liaisons for the purpose of coordination of care and services.

In addition, the court may order the release or use of such records or files only upon good cause shown, and the court may impose such restrictions as the court deems appropriate.

6.

Nothing contained in this chapter shall limit the rights of discovery in judicial or administrative procedures as otherwise provided for by statute or rule.

7.

The fact of admission of a voluntary or involuntary patient to a mental health facility under chapter 632 may only be disclosed as specified in subsections 2 and 3 of this section.

630.407.

1.

The department may recognize providers as administrative entities under the following circumstances:

(1) Vendors operated or funded pursuant to sections 205.975 to 205.990;

(2) Vendors operated or funded pursuant to sections 205.968 to [205.973] 205.974;

(3) Providers of a consortium of treatment services to the clients of the division of comprehensive psychiatric services as an agent of the division in a service area, except that such providers may not exceed thirty-six in number;

or (4) Providers of targeted case management services to the clients of the division of developmental disabilities as an agent of the division in a defined region that has not established a board as set forth in sections 205.968 to [205.973] 205.974.

2.

Notwithstanding any other provision of law to the contrary, the department may contract directly with vendors recognized as administrative entities without competitive bids.

HCS HB 3467 9 3.

Notwithstanding any other provision of law to the contrary, the commissioner of administration shall delegate the authority to administrative entities which are state facilities to subcontract with other vendors in order to provide a full consortium of treatment services for the service area.

4.

When state contracts allow, the department may authorize administrative entities to use state contracts for pharmaceuticals or other medical supplies for the purchase of these items.

5.

A designation as an administrative entity does not entitle a provider to coverage under sections 105.711 to 105.726, the state legal expense fund, or other state statutory protections or requirements.

6.

The department shall promulgate regulations within twelve months of August 28, 1990, regulating the manner in which they will contract and designate and revoke designations of providers under this section.

Such regulations shall not be required when the parties to such contracts are both governmental entities.