Missouri Revised Statutes
Chapter 192 - Department of Health and Senior Services
Section 192.2480 - In-home services client, misappropriation of property, report — investigation — penalty — confidentiality of report — immunity — retaliation prohibited — employee disqualification list.

Effective - 28 Aug 2014
192.2480. In-home services client, misappropriation of property, report — investigation — penalty — confidentiality of report — immunity — retaliation prohibited — employee disqualification list. — 1. Any person having reasonable cause to believe that a misappropriation of an in-home services client's property or funds, or the falsification of any documents verifying service delivery to the in-home services client has occurred, may report such information to the department.
2. For each report the department shall attempt to obtain the names and addresses of the in-home services provider agency, the in-home services employee, the in-home services client, information regarding the nature of the misappropriation or falsification, the name of the complainant, and any other information which might be helpful in an investigation.
3. Any in-home services provider agency or in-home services employee who puts to his or her own use or the use of the in-home services provider agency or otherwise diverts from the in-home services client's use any personal property or funds of the in-home services client, or falsifies any documents for service delivery, is guilty of a class A misdemeanor.
4. Upon receipt of a report, the department shall immediately initiate an investigation and report information gained from such investigation to appropriate law enforcement authorities.
5. If the investigation indicates probable misappropriation of property or funds, or falsification of any documents for service delivery of an in-home services client, the investigator shall refer the complaint together with the investigator's report to the department director or the director's designee for appropriate action.
6. Reports shall be confidential, as provided under section 192.2500.
7. Anyone, except any person participating in or benefitting from the misappropriation of funds, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.
8. Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.
9. No person who directs or exercises any authority in an in-home services provider agency shall harass, dismiss or retaliate against an in-home services client or employee because he or she or any member of his or her family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the in-home services provider agency or any in-home services employee which he or she has reasonable cause to believe has been committed or has occurred.
10. The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who are or have been employed by an in-home service provider agency and who have been finally determined by the department to, pursuant to section 192.2490, have misappropriated any property or funds, or falsified any documents for service delivery of an in-home services client and who came to be known to the person, directly, or indirectly while employed by an in-home services provider agency.
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(L. 1992 S.B. 573 & 634, A.L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision § 192.1104 merged with S.B. 491 § 197.1032)
Effective 8-28-14 (H.B. 1299 Revision); 1-01-17 (S.B. 491)
Transferred 2014; formerly 660.305

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 192 - Department of Health and Senior Services

Section 192.002 - Department of health and senior services established.

Section 192.005 - Department of health and senior services created — division of health abolished — duties — federal Older Americans Act, implementation transferred to department, state plan.

Section 192.006 - Health and senior services, department of, rulemaking authority, procedure.

Section 192.007 - Director, appointment — compensation — qualifications.

Section 192.011 - Duties of department — monitoring environmental effects on public health — developing disease prevention plan.

Section 192.014 - State board of health and senior services to advise department.

Section 192.015 - Fees for laboratory tests authorized — deposit in general revenue.

Section 192.016 - Putative father registry — fund created.

Section 192.019 - Citation.

Section 192.020 - To safeguard the health of the people of Missouri — certain diseases to be included on communicable or infectious disease list.

Section 192.025 - To accept and disburse federal funds for health purposes.

Section 192.031 - Hepatitis C programs established by department of health and senior services.

Section 192.033 - Strategies for raising public awareness on hepatitis C.

Section 192.036 - Information on hepatitis C for physicians, health professionals and training providers.

Section 192.040 - Department to issue reports — subjects.

Section 192.050 - Department to maintain certain bureaus — establishment of others.

Section 192.060 - Department to keep vital statistics.

Section 192.067 - Patients' medical records, department may receive information from — purpose — confidentiality — immunity for persons releasing records, exception — reimbursement of costs of abstracting data — penalty.

Section 192.068 - Quality of care, access, member satisfaction and status information provided to department — standards of measurement — rulemaking authority — data not to be made public — reports to be published.

Section 192.070 - Care of babies and hygiene of children, educational literature to be issued by department.

Section 192.072 - Bureau of immunization to develop educational materials — contents, distribution.

Section 192.080 - Bureau of food and drug inspection.

Section 192.081 - Donation of canned or perishable food — definitions — procedure — immunity from liability, when — department to provide information.

Section 192.083 - Office of minority health, established — purpose, duties.

Section 192.090 - Inspection of hotels, inns and boardinghouses.

Section 192.100 - Inspection of beverages.

Section 192.110 - Department's duty as to diseases of animals.

Section 192.131 - Definitions — health care-associated infections data to be reported — confidentiality — plan to help monitoring to be developed — required standards.

Section 192.138 - Contagious or infectious disease reports by medical treatment facilities and nursing homes.

Section 192.139 - Communicable disease reporting, guidelines for department.

Section 192.140 - Public health nurse provided — public and private places disinfected.

Section 192.150 - Interference a misdemeanor — duty of mayor and county commission.

Section 192.160 - Taxpayers may petition for the appointment of a nurse.

Section 192.170 - Money appropriated from current revenue.

Section 192.230 - Department to conduct a survey of hospitals and health facilities — to recommend a state plan.

Section 192.250 - Department to receive grants.

Section 192.260 - County health officer appointed by county commission.

Section 192.270 - Deputy or assistant county health officers (certain first and second class counties).

Section 192.280 - Duties of county health officer — neglect, penalty — removal.

Section 192.290 - State regulations supersede local rules — additional local rules.

Section 192.300 - Counties may make additional health rules — fees, deposit in county treasury, purpose — individuals unable to pay not to be denied health services — records and publication — violation a misdemeanor.

Section 192.310 - City of St. Charles and cities of 75,000 or over excepted from sections 192.260 to 192.320.

Section 192.310 - Cities of 75,000 or over excepted from sections 192.260 to 192.320.

Section 192.320 - Violation of law or quarantine — penalty.

Section 192.323 - Department of health and senior services document services fund created — funding by certain fees — purpose — amount from fund exempt from lapse into general revenue.

Section 192.324 - Administrative and cost allocation fund created, use of moneys.

Section 192.326 - Disaster fund created, use of moneys during a state of emergency.

Section 192.360 - Active duty military, license to remain in good standing for duration of duty — licensing board procedure required — renewal of license.

Section 192.380 - Neonatal care designations, criteria for — levels — rulemaking authority — facility to report level to department.

Section 192.385 - Program established, purpose — fund created, use of moneys — disbursement to area agencies on aging, formula — rulemaking authority.

Section 192.390 - Cost of certain formulas to be provided — rulemaking authority.

Section 192.400 - Definitions.

Section 192.410 - Powers and duties of department.

Section 192.420 - Department to make rules — procedure.

Section 192.430 - Radiation sources to be kept safe.

Section 192.440 - Unregistered use or possession of radiation producers unlawful — use or possession contrary to law or regulations unlawful.

Section 192.450 - Department to order abatement of violations — agents may inspect — data confidential.

Section 192.460 - Emergency orders — compliance required — hearing.

Section 192.470 - Judicial review.

Section 192.480 - Law not to limit medical use of radiation.

Section 192.490 - Violation of law or regulation, misdemeanor — injunctive relief.

Section 192.500 - Inspection of cone beam computed tomography systems and panoramic x-ray systems, when.

Section 192.505 - Radiation data management program to collect statistics to protect health and environment.

Section 192.507 - Radiological laboratory to be established, purpose.

Section 192.510 - Radiation emergencies, duties of department of health and senior services to cooperate with other agencies.

Section 192.601 - Toll-free telephone to be established for information on health care providers for children on medical assistance.

Section 192.604 - Office established — powers and duties — report to general assembly and governor, when.

Section 192.630 - Advisory committee on childhood immunization — members — public meetings, costs — appointment — duties.

Section 192.650 - Cancer information reporting system established — purpose — rulemaking authority.

Section 192.653 - Reports required from certain health care providers, content — exemptions.

Section 192.655 - Confidentiality of reports — release of reports, requirements — publication, when — exchange of data agreements with other registries permitted, when.

Section 192.657 - No liability for furnishing or providing access to required information, exception — department examination of individuals not intended — violations, penalty.

Section 192.665 - Definitions.

Section 192.667 - Health care providers, financial data, submission of data on infections to be collected, rules, recommendations — federal guidelines to be implemented — collection and use of data, restrictions, penalty — public reports required, wh...

Section 192.700 - Arthritis program established — purpose.

Section 192.703 - Definitions.

Section 192.705 - Program coordinators, appointment, duties — compensation.

Section 192.707 - Arthritis advisory board established — members, terms, appointment, vacancies — meetings — chairman, term — duties, reports, reimbursement of expenses.

Section 192.710 - Arthritis program review committee created — members — qualifications — appointment — term — vacancies — meetings — duties — executive administrator.

Section 192.712 - Expenses of board and committee members to be paid, subject to appropriations.

Section 192.714 - Regional arthritis centers to be established — purpose — regions designated.

Section 192.716 - Centers to establish programs for education and improved patient care.

Section 192.718 - Fellowships to be granted in clinical rheumatology — candidates, how approved — amount.

Section 192.720 - Support for rheumatology trainees — amount — approval of candidates.

Section 192.723 - Research feasibility studies to be carried out by regional centers.

Section 192.725 - Arthritis information network to be established — staff.

Section 192.727 - DMSO — definition — use for treatment of arthritis — authorized — no liability for persons prescribing, administering, dispensing, when — label requirements.

Section 192.735 - Definitions.

Section 192.737 - Data analysis and needs assessment.

Section 192.739 - Confidentiality of reports — release of reports, requirements.

Section 192.740 - No liability for furnishing required information, exception.

Section 192.742 - Promulgation of rules, authority for, consultation with council.

Section 192.744 - Department examination or treatment of individual not intended — violations, penalty.

Section 192.745 - Advisory council established — members, terms, appointment, meetings, expenses — chairman — duties.

Section 192.760 - Definitions.

Section 192.762 - Department to license materials used to perform mammography — minimum training and performance standards — rules, procedure, review.

Section 192.764 - Schedule of fees to be established — nonrefundable fees — waiver of fees — mammography fund.

Section 192.766 - Machine not registered shall not be used for mammography — department to authorize machines, when — nonrenewable temporary authorizations — application form, information required — annual inspections — withdrawal of authorization, e...

Section 192.769 - Notice to patients upon completion of a mammogram — effective date.

Section 192.895 - Covid-19 tests, no cost, when — department duties — use of federal funds — no reduction in health insurance coverage, when.

Section 192.900 - Missouri public health services fund, established, purposes.

Section 192.915 - Over-the-counter weight loss pills, education and awareness program established — strategies — rulemaking authority.

Section 192.925 - Awareness program established — focus of program — cooperation with department of social services, distribution of program information.

Section 192.926 - Committee established to assess continuation of demonstration program — duties of committee, members — recommendations — termination date.

Section 192.945 - Registration cards issued, requirements — definitions — recordkeeping — rulemaking.

Section 192.947 - Hemp extract, use of, immunity from liability, when.

Section 192.965 - Office on women's health created, duties.

Section 192.968 - Committee to advise the office on women's health created, duties.

Section 192.990 - Board established, purpose — definitions — members, duties — report — data to be provided to department — confidentiality — use of grant funds.

Section 192.1120 - Bone marrow registry, providers may inquire whether certain patients are registered — department to disseminate information.

Section 192.2000 - Division of aging created — duties — inspectors of nursing homes, training and continuing education requirements — promulgation of rules, procedure — dementia-specific training requirements established.

Section 192.2005 - Definitions.

Section 192.2010 - Shared care program established, goals — department duties.

Section 192.2015 - Shared care tax credit available, when — eligibility requirements — rulemaking authority — penalty provision.

Section 192.2020 - Area agencies for aging duties — advisory council, duties — agency records audited, when.

Section 192.2025 - Budget allotment tables provided to each area agency on aging, when — area plan submitted, when — on-site monitoring by department.

Section 192.2100 - Alzheimer's disease and related disorders respite care program — definitions.

Section 192.2105 - Respite care program for Alzheimer's purposes.

Section 192.2110 - Rules and regulations for respite care program, procedure.

Section 192.2150 - Department to use services of certain organizations, when.

Section 192.2200 - Definitions.

Section 192.2205 - License required to operate day care program — forms — documents — review — license validity period — temporary operating permit, when.

Section 192.2210 - Deficiencies, operator informed in exit interview, requirements — plan of correction — categories of standards established — inspection reports made available — notices required.

Section 192.2215 - Revocation of license, when — notification of operator.

Section 192.2220 - Exceptions to licensure requirements for adult day care centers.

Section 192.2225 - Right to enter premises for compliance inspections or to investigate complaints — failure to permit, effect.

Section 192.2230 - Fee for license or renewal, limitation.

Section 192.2235 - Adult daycare program manual — regional training sessions.

Section 192.2240 - Inspections, when — refusal to permit access, court order issued when — injunction authorized.

Section 192.2245 - License denied — suspended — revoked — hearing procedure — appeals.

Section 192.2250 - Rulemaking authority.

Section 192.2255 - Rules, authority, procedure.

Section 192.2260 - Violations, penalties.

Section 192.2265 - Inspections and plans of correction to be provided on department website, exceptions.

Section 192.2270 - Dispute resolution, department may contract with third parties — definitions — requirements — rulemaking authority.

Section 192.2275 - Cost-based uniform rate for services, budget line item.

Section 192.2300 - Definitions.

Section 192.2305 - Office of state ombudsman for long-term care facility and veterans' home residents created in department of health and senior services — purpose — powers and duties.

Section 192.2310 - Confidentiality of ombudsman's files and records, exceptions, violations, penalty.

Section 192.2315 - Immunity from liability for official duties for staff and volunteers — information furnished office, no reprisals against employees of facilities or residents, violations, penalty.

Section 192.2400 - Definitions.

Section 192.2405 - Mandatory reporters--penalty for failure to report.

Section 192.2410 - Reports, contents — department to maintain telephone for reporting.

Section 192.2415 - Investigations of reports of eligible adults, department procedures.

Section 192.2420 - Investigations of reports of eligible adults between eighteen and fifty-nine, department procedures.

Section 192.2425 - Investigation of elder abuse — report.

Section 192.2430 - Duty to report, immunity.

Section 192.2435 - Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect.

Section 192.2440 - Assistance to be given.

Section 192.2445 - Procedure when abuse, neglect, or physical harm may be involved — remedies.

Section 192.2450 - Interference with delivery of services, effect — remedy.

Section 192.2455 - Recipient unable to give consent, procedure, remedy.

Section 192.2460 - Director may proceed under other law, when — legal counsel may be retained, when.

Section 192.2465 - Peace officer may act, when, how — involuntary treatment may be ordered, how, where rendered — religious beliefs to be observed.

Section 192.2470 - Discontinuance of services, when — exception.

Section 192.2475 - Report of abuse or neglect of in-home services or home health agency client, duty — penalty — contents of report — investigation, procedure — confidentiality of report — immunity — retaliation prohibited, penalty — employee disqual...

Section 192.2480 - In-home services client, misappropriation of property, report — investigation — penalty — confidentiality of report — immunity — retaliation prohibited — employee disqualification list.

Section 192.2485 - Alteration of in-home services provider agency contracts, procedure — letters of censure — staying of suspensions — appeal process.

Section 192.2490 - Employee disqualification list, notification of placement, contents — challenge of allegation, procedure — hearing, procedure — appeal — removal of name from list — list provided to whom — prohibition of employment.

Section 192.2495 - Criminal background checks of employees, required when — persons with criminal history not to be hired, when, penalty — failure to disclose, penalty — improper hirings, penalty — definitions — rules to waive hiring restrictions.

Section 192.2500 - Prohibition against disclosure of reports, exceptions — employment security provided reports upon request.

Section 192.2505 - Confidentiality of records, records disclosed, when.

Section 192.2520 - Citation of law — definitions — telehealth network for victims of sexual offenses, requirements — contracts — report, contents — fund established, use of moneys — rulemaking authority.