Establishes the "End Hospital Institutionalization Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 2430
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE THOMPSON.
6176H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 191, RSMo, by adding thereto one new section relating to the boarding of
certain individuals at hospitals.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be
2 known as section 191.1900, to read as follows:
191.1900. 1. The provi sions of this section shall be known and may be cited as
2 the "End Hospital Institutionalization Act".
3 2. As used in this section, the following terms mean:
4 (1) "Boarding" or "boarded", any continued stay of a medically stable patient in
5 a hospital or emergency room that occurs without medical justification because the
6 patient's caret aker is unable or unwilling to ensur e:
7 (a) The safety , well-being, and necessary ongoing medical, behavioral, or
8 psychological care of the patient outside the hospital; or
9 (b) The safety of the public with res pect to the patient's behaviors in the
10 community outside the hospital;
11 (2) "Hospital", the same meaning given to the term in section 197.020.
12 3. Upon notification by a hospital that a child under the jurisdiction of a juvenile
13 court is being boarded, the juvenile court shall immediately intervene to ensur e that
14 such child is placed in an appr opriate setting and afforded prop er tr eatment.
15 4. Upon notification by a hospital that a child who is not under the jurisdiction of
16 a juvenile court is being boarded, the juvenile court of the county in which the hospital
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 is located shall immediately take custody of the child to ensur e that such child is placed
18 in an appr opriate setting and afforded prop er tr eatment.
19 5. Upon notification by a hospital that an individual who has been diagnosed
20 with a developmental disability , serious mental illness, or substance use disorder is being
21 boarded, the department of mental health shall pr ovide case management and
22 tr eatment, including r esidential or inpatient tr eatment as appr opriate, without delay
23 and in the least res trictive envir onment possible.
24 6. The state shall r eimburse the hospital the actual costs for boarding, or the
25 hospital's full allowable costs under MO HealthNet rules, whichever is grea ter , for each
26 day an individual is boarded after the juvenile court or the department of mental health
27 has been notified of the boarding of such individual.
✔
HB 2430 2