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SECOND REGULAR SESSION
HOUSE BILL NO. 3412
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WHALEY .
7376H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 198.036, 198.528, 198.532, and 565.184, RSMo, are repealed
2 and five new sections enacted in lieu thereof, to be known as sections 198.019, 198.036,
3 198.528, 198.532, and 565.184, to read as follows:
198.019 . 1. As used in this section, the term "long-term car e facility" means any
2 facility licensed under this chapter .
3 2. Except as otherwise prov ided in subsection 3 of this section, each long-term
4 car e facility shall maintain liability insurance coverage in a minimum amount of one
5 million dollars to insure against losses r esulting fr om the negligent or criminal acts of
6 the facility that constitute abuse, neglect, or wr ongful death of any res ident.
7 3. A long-term care facility shall be exempt fr om the re quir ement to maintain
8 liability insurance coverage under subsection 2 of this section if the long-term care
9 facility maintains a r eserve account, segr egated fr om its operational funds, of at least
10 one million dollars to cover losses res ulting fro m the negligent or criminal acts of the
11 facility that constitute abuse, neglect, or wro ngful death of any r esident.
198.036. 1. The department may revoke a license in any case in which it finds that:
2 (1) The operator failed or refused to comply with class I or II standards, as established
3 by the department pursuant to section 198.085; or failed or refused to comply with class III
4 standards as established by the department pursuant to section 198.085, where the aggregate
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.
5 ef fect of such noncompliances presents either an imminent danger to the health, safety or
6 welfare of any resident or a substantial probability that death or serious physical harm would
7 result;
8 (2) The operator refused to allow representatives of the department to inspect the
9 facility for compliance with standards or denied representatives of the department access to
10 residents and employees necessary to carry out the duties set forth in this chapter and rules
11 promulgated thereunder , except where employees of the facility are in the process of
12 rendering immediate care to a resident of such facility;
13 (3) The operator knowingly acted or knowingly omitted any duty in a manner which
14 would materially and adversely affect the health, safety , welfare or property of a resident;
15 (4) The operator demonstrated financial incapacity to operate and conduct the facility
16 in accordance with the provisions of sections 198.003 to 198.096;
17 (5) The operator or any principals in the operation of the facility have ever been
18 convicted of, or pled guilty or nolo contendere to a felony of fense concerning the operation of
19 a long-term health care facility or other health care facility , or ever knowingly acted or
20 knowingly failed to perform any duty which materially and adversely af fected the health,
21 safety , welfare, or property of a resident while acting in a management capacity . The operator
22 of the facility or any principal in the operation of the facility shall not be under exclusion
23 from participation in the T itle XVIII (Medicare) or T itle XIX (Medicaid) program of any state
24 or territory; [ or ]
25 (6) The operator or any principals involved in the operation of the facility have ever
26 been convicted of or pled guilty or nolo contendere to a felony in any state or federal court
27 arising out of conduct involving either management of a long-term care facility or the
28 provision or receipt of health care ; or
29 (7) The operator failed to maintain liability insurance coverage or a res erve
30 account as requ ired under section 198.019 .
31 2. Nothing in subdivision (2) of subsection 1 of this section shall be construed as
32 allowing the department access to information not necessary to carry out the duties set forth in
33 sections 198.006 to 198.186.
34 3. Upon revocation of a license, the director of the department shall so notify the
35 operator in writing, setting forth the reason and grounds for the revocation. Notice of such
36 revocation shall be sent by a delivery service that provides a dated receipt of delivery to the
37 operator and administrator , or served personally upon the operator and administrator . The
38 department shall provide the operator notice of such revocation at least ten days prior to its
39 ef fective date.
198.528. 1. The department of health and senior services shall provide through its
2 internet website:
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3 (1) The most recent survey of every long-term care facility licensed in this state and
4 any such findings of deficiencies and the ef fect the deficiency would have on such facility . If
5 such survey is in dispute, the survey shall not be posted on the website until the facility's
6 informal dispute resolution process resolves the dispute and the department shall, upon
7 request of the facility , post the facility's response;
8 (2) The facility's proposed plan of correction;
9 (3) A link to the federal website that provides a summary of facility surveys
10 conducted over the last three years; and
11 (4) Information on how to obtain a copy of a complete facility survey conducted over
12 the last three years.
13 2. (1) The department shall display an abuse and neglect icon in the form of a
14 visible, standardized graphic symbol next to the informational listing on its website of
15 any facility that has a substantiated finding of abuse or neglect fr om:
16 (a) The federal Centers for Medicare and Medicaid Services (CMS) Car e
17 Compar e website or successor website;
18 (b) A federal or state inspection or complaint investigation conducted by the
19 department or CMS; or
20 (c) An investigation by a law enforcem ent agency or another authorized
21 investigative body .
22 (2) The abuse and neglect icon shall be tied to the facility's physical addr ess and
23 state license number and shall rem ain in place rega rdless of any change in the facility's
24 name, ownership, management company , or corporate structure.
25 (3) The abuse and neglect icon shall be displayed in close prox imity to the
26 facility's name on the facility's pr ofile page or informational listing and in any sear ch
27 r esults on the department's website wher e the facility appears. A plain-language
28 summary of the abuse or neglect incident or incidents, including the date or dates of
29 occurr ence, the natur e of the abuse or neglect, and the sour ce of the finding, shall
30 accompany the icon, either on the pro file page or informational listing or thr ough an
31 easily accessible link.
32 (4) The abuse and neglect icon shall rem ain displayed for thirty-six months fr om
33 the date of the most recent substantiated finding unless the finding is overturned on
34 appeal.
35 3. Nothing in this section shall be construed as requiring the department to post any
36 information on its internet website that is prohibited from disclosure pursuant to the federal
37 Health Insurance Portability and Accountability Act, as amended.
198.532. 1. Complaints filed with the department of health and senior services
2 against a long-term care facility which allege that harm has occurred or is likely to occur to a
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3 resident or residents of the facility due to actions or the lack of actions taken by the facility
4 shall be investigated within thirty days of receipt of such complaints. The purpose of such
5 investigation shall be to ensure the safety , protection and care of all residents of the facility
6 likely to be af fected by the alleged action or inaction. Such investigation shall be in addition
7 to the investigation requirements for abuse and neglect reports pursuant to section 198.070.
8 2. The department shall provide the results of all investigations in accordance with
9 section 192.2500. The department shall provide the results of such investigation in writing to
10 all parties to the complaint, and if requested, to any of the facility's residents, or their family
11 members or guardians. Complaints and written results will be readily available for public
12 access and review at the department of health and senior services and at the long-term care
13 facility . Personal information identifying the resident will be blanked out, except in regard to
14 immediate family , the attorney-in-fact or the legal guardian of the resident in question. This
15 information will remain readily available for a period of time determined by the department
16 of health and senior services.
17 3. The department shall pr ovide the re sults of any substantiated rep ort of a
18 facility res ident's abuse or neglect to the general assembly and the lieutenant governor
19 in a manner that is consistent with the pro visions of this section.
565.184. 1. A person commits the of fense of abuse of an elderly person, a person
2 with a disability , or a vulnerable person if he or she:
3 (1) Purposely engages in conduct involving more than one incident that causes
4 emotional distress to an elderly person, a person with a disability , or a vulnerable person. The
5 course of conduct shall be such as would cause a reasonable elderly person, person with a
6 disability , or vulnerable person to suff er substantial emotional distress; or
7 (2) Intentionally fails to provide care, goods or services to an elderly person, a person
8 with a disability , or a vulnerable person. The result of the conduct shall be such as would
9 cause a reasonable elderly person, person with a disability , or vulnerable person to suf fer
10 physical or emotional distress; or
11 (3) Knowingly acts or knowingly fails to act in a manner which results in a
12 substantial risk to the life, body or health of an elderly person, a person with a disability , or a
13 vulnerable person.
14 2. The offense of abuse of an elderly person, a person with a disability , or a
15 vulnerable person is a class A misdemeanor ; however , if a person commits the offense of
16 abuse of an elderly person, a person with a disability , or a vulnerable person under
17 subdivision (3) of subsection 1 of this section and such person is a care pr ovider subject
18 to employee disqualification under the prov isions of section 192.2490, the offense of
19 abuse of an elderly person, a person with a disability , or a vulnerable person is a class E
20 felony . Nothing in this section shall be construed to mean that an elderly person, a person
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21 with a disability , or a vulnerable person is abused solely because such person chooses to rely
22 on spiritual means through prayer , in lieu of medical care, for his or her health care, as
23 evidence by such person's explicit consent, advance directive for health care, or practice.
✔
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