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SECOND REGULAR SESSION
HOUSE BILL NO. 3278
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LAUBINGER.
7057H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 192.2400 and 192.2435, RSMo, and to enact in lieu thereof two new
sections relating to the disclosure of records for the protection of vulnerable adults,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 192.2400 and 192.2435, RSMo, are repealed and two new
2 sections enacted in lieu thereof, to be known as sections 192.2400 and 192.2435, to read as
3 follows:
192.2400. As used in sections 192.2400 to 192.2505, the following terms mean:
2 (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm including
3 financial exploitation by any person, firm, or corporation and bullying;
4 (2) "Bullying", intimidation or harassment that causes a reasonable person to fear for
5 his or her physical safety or property and may consist of physical actions including gestures;
6 cyberbullying; oral, electronic, or written communication; and any threat of retaliation for
7 reporting of such acts;
8 (3) "Court", the circuit court;
9 (4) "Department", the department of health and senior services;
10 (5) "Director", director of the department of health and senior services or his or her
11 designees;
12 (6) "Eligible adult", a person sixty years of age or older who is unable to protect his or
13 her own interests or adequately perform or obtain services which are necessary to meet his or
14 her essential human needs or an adult with a disability , as defined in section 192.2005,
15 between the ages of eighteen and fifty-nine who is unable to protect his or her own interests
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.
16 or adequately perform or obtain services which are necessary to meet his or her essential
17 human needs;
18 (7) "Home health agency", the same meaning as such term is defined in section
19 197.400;
20 (8) "Home health agency employee", a person employed by a home health agency;
21 (9) "Home health patient", an eligible adult who is receiving services through any
22 home health agency;
23 (10) "In-home services client", an eligible adult who is receiving services in his or her
24 private residence through any in-home services provider agency;
25 (1 1) "In-home services employee", a person employed by an in-home services
26 provider agency;
27 (12) "In-home services provider agency", a business entity under contract with the
28 department or with a Medicaid participation agreement, which employs persons to deliver any
29 kind of services provided for eligible adults in their private homes;
30 (13) "Least restrictive environment", a physical setting where protective services for
31 the eligible adult and accommodation is provided in a manner no more restrictive of an
32 individual's personal liberty and no more intrusive than necessary to achieve care and
33 treatment objectives;
34 (14) "Likelihood of serious physical harm", one or more of the following:
35 (a) A substantial risk that physical harm to an eligible adult will occur because of his
36 or her failure or inability to provide for his or her essential human needs as evidenced by acts
37 or behavior which has caused such harm or which gives another person probable cause to
38 believe that the eligible adult will sustain such harm;
39 (b) A substantial risk that physical harm will be inflicted by an eligible adult upon
40 himself or herself, as evidenced by recent credible threats, acts, or behavior which has caused
41 such harm or which places another person in reasonable fear that the eligible adult will sustain
42 such harm;
43 (c) A substantial risk that physical harm will be inflicted by another upon an eligible
44 adult as evidenced by recent acts or behavior which has caused such harm or which gives
45 another person probable cause to believe the eligible adult will sustain such harm;
46 (d) A substantial risk that further physical harm will occur to an eligible adult who
47 has suf fered physical injury , neglect, sexual or emotional abuse, or other maltreatment or
48 wasting of his or her financial resources by another person;
49 (15) "Multidisciplinary adult protecti on team", a team of two or mor e persons
50 r ecognized by the department who facilitate the identification, investigation,
5 1 pr osecution, pr evention, and tr eatment of offenses against eligible adults as defined in
52 this section and supplement any pr otective services pro vided by the department. In
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53 addition to department designees, such teams may include, but ar e not limited to,
54 r epresent atives fr om the following entities:
55 (a) A pr osecuting attorney's office or circui t attorney's office;
56 (b) Law enfor cement;
57 (c) Medical or health prov iders, including nursing home facilities;
58 (d) Mental health provi ders;
59 (e) Community-based or government agencies that in some capacity participate
60 in the pr evention, investigation, identification, tr eatment, or pro vision of car e or needed
61 r esources r elated to the abuse or neglect of eligible adults and ar e necessary for the
62 r eview of cases;
63 (f) Guardians or conservators as described in chapter 475; and
64 (g) Financial institutions or for ensic accounting agencies qualified to rev iew
65 financial matters to identify financial abuse;
66 (16) "Neglect", the failure to provide services to an eligible adult by any person, firm
67 or corporation with a legal or contractual duty to do so, when such failure presents either an
68 imminent danger to the health, safety , or welfare of the client or a substantial probability that
69 death or serious physical harm would result;
70 [ (16) ] (17) "Protective services", services provided by the state or other governmental
71 or private org anizations or individuals which are necessary for the eligible adult to meet his or
72 her essential human needs.
192.2435. 1. Reports made pursuant to sections 192.2400 to 192.2470 shall be
2 confidential and shall not be deemed a public record and shall not be subject to the provisions
3 of section 109.180 or chapter 610.
4 2. Such reports shall be accessible for examination and copying only to the following
5 persons or of fices, or to their designees:
6 (1) The department or any person or agency designated by the department;
7 (2) The attorney general;
8 (3) The department of mental health for persons referred to that department;
9 (4) The department of social services for persons refer red to that department;
10 (5) Any appropriate law enforcement agency; [and
11 (5) ] (6) Any member of a multidisciplinary adult pr otection team as defined by
12 section 192.2400 when acting in the member's official capacity as a rep res entative of a
13 participating entity; and
14 (7) The eligible adult or such adult's legal guardian.
15 3. The name of the reporter shall not be disclosed unless:
16 (1) Pr ovided to the department of mental health for investigating r eported
17 incidents of abuse and neglect of vulnerable persons as defined by section 630.005; or
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18 (2) Such reporter specifically authorizes disclosure of his or her name; and
19 [ (2) ] (3) The department determines that disclosure of the name of the reporter is
20 necessary in order to prevent further harm to an eligible adult.
21 4. Notwithstanding any other pr ovision of law to the contrary , members of a
22 multidisciplinary adult pr otection team may make available to members of the team all
23 information and r ecords that ar e appr opriate and necessary to conduct team activities
24 for the benefit of the eligible adults. The case information rec eived by members of the
25 multidisciplinary team shall be maintained as confidential, and any person to whom
26 information is released pursuant to this section is pr ohibited fro m using or rel easing the
27 information except in the pr oper performance of the person's official duties. Any
28 member of the multidisciplinary team may share information that is acquired in the
29 team member's profession al capacity with other members of the multidisciplinary team
30 to assist the team in its function for the benefit of the eligible adult.
31 5. Any person who violates the provisions of this section, or who permits or
32 encourages the unauthorized dissemination of information contained in the central registry
33 and in reports and records made pursuant to sections 192.2400 to 192.2470, shall be guilty of
34 a class A misdemeanor .
35 [ 5. ] 6. The department shall maintain a central registry capable of receiving and
36 maintaining reports received in a manner that facilitates rapid access and recall of the
37 information reported, and of subsequent investigations and other relevant information. The
38 department shall electronically record any telephone report of suspected abuse and neglect
39 received by the department and such recorded reports shall be retained by the department for
40 a period of one year after recording.
41 [ 6. ] 7. Although reports to the central registry may be made anonymously , the
42 department shall in all cases, after obtaining relevant information regarding the alleged abuse
43 or neglect, attempt to obtain the name and address of any person making a report.
✔
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