208.915. Misappropriation of consumer's property or funds, report to the department--content of report--investigation procedures--employee disqualification list maintained.
Misappropriation of consumer's property or funds, report to thedepartment--content of report--investigation procedures--employeedisqualification list maintained.
208.915. 1. Any person having reasonable cause to believe that amisappropriation of a consumer's property or funds, or the falsification ofany documents verifying personal care assistance services delivery to theconsumer, has occurred may report such information to the department.
2. For each report the department shall attempt to obtain the nameand address of the vendor, the personal care attendant, the personal careassistance services consumer, information regarding the nature of themisappropriation or falsification, the name of the complainant, and anyother information which might be helpful in an investigation.
3. Any personal care assistance services vendor, or personal careattendant who puts to his or her own use or the use of the personal careassistance services vendor or otherwise diverts from the personal careassistance services consumer's use any personal property or funds of theconsumer, or falsifies any documents for service delivery, is guilty of aclass A misdemeanor.
4. Upon receipt of a report, the department shall immediatelyinitiate an investigation and report information gained from suchinvestigation to appropriate law enforcement authorities.
5. If the investigation indicates probable misappropriation ofproperty or funds, or falsification of any documents for service deliveryof a personal care assistance services consumer, the investigator shallrefer the complaint together with the investigator's report to thedepartment director or the director's designee for appropriate action.
6. Reports shall be confidential, as provided under section 660.320,RSMo.
7. Anyone, except any person participating in or benefitting from themisappropriation of funds, who makes a report under this section or whotestifies in any administrative or judicial proceeding arising from thereport shall be immune from any civil or criminal liability for making sucha report or for testifying except for liability for perjury, unless suchperson acted negligently, recklessly, in bad faith, or with maliciouspurpose.
8. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified inwriting of its receipt and of the initiation of the investigation.
9. No person who directs or exercises any authority in a personalcare assistance services vendor agency shall harass, dismiss or retaliateagainst a personal care assistance services consumer or a personal careattendant because he or she or any member of his or her family has made areport of any violation or suspected violation of laws, ordinances orregulations applying to the personal care assistance services vendor or anypersonal care attendant which he or she has reasonable cause to believe hasbeen committed or has occurred.
10. The department shall maintain the employee disqualification listand place on the employee disqualification list the names of any personalcare attendants who are or have been employed by a personal care assistanceservices consumer, and the names of any persons who are or have beenemployed by a vendor as defined in subdivision (10) of section 208.900, andwho have been finally determined by the department under section 660.315,RSMo, to have misappropriated any property or funds, or falsified anydocuments for service delivery to a personal care assistance servicesconsumer and who came to be known to the consumer, directly or indirectlyby virtue of the consumer's participation in the personal care assistanceservices program.
(L. 2005 S.B. 539 § 660.676)