Missouri Revised Statutes













Chapter 192

Department of Health and Senior Services

←192.2310

Section 192.2315.1

192.2400→

August 28, 2015

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

192.2315. 1. Any regional coordinator or local program staff,

whether an employee or an unpaid volunteer, shall be treated as a

representative of the office. No representative of the office shall be

held liable for good faith performance of his or her official duties under

the provisions of sections 192.2300 to 192.2315 and shall be immune from

suit for the good faith performance of such duties. Every representative

of the office shall be considered a state employee under section 105.711.



2. No reprisal or retaliatory action shall be taken against any

resident or employee of a long-term care facility for any communication

made or information given to the office. Any person who knowingly or

willfully violates the provisions of this subsection shall be guilty of a

class A misdemeanor. Any person who serves or served on a quality

assessment and assurance committee required under 42 U.S.C. Sec.

1396r(b)(1)(B) and 42 CFR Sec. 483.75(r), or as amended, shall be immune

from civil liability only for acts done directly as a member of such

committee so long as the acts are performed in good faith, without malice

and are required by the activities of such committee as defined in 42 CFR

Sec. 483.75(r).



(L. 1991 H.B. 444 § 4, A.L. 2014 H.B. 1299 Revision § 192.1066)



*Transferred 2014; formerly 660.608





1991



1991 (Transferred now: 192.000.2315)



660.608. 1. Any regional coordinator or local program staff, whether an

employee or an unpaid volunteer, shall be treated as a representative of the

office. No representative of the office shall be held liable for good faith

performance of his official duties under the provisions of sections 660.600

to 660.608 and shall be immune from suit for the good faith performance of

such duties. Every representative of the office shall be considered a state

employee under section 105.711.



2. No reprisal or retaliatory action shall be taken against any resident

or employee of a long-term care facility for any communication made or

information given to the office. Any person who knowingly or willfully

violates the provisions of this subsection shall be guilty of a class A

misdemeanor. Any person who serves or served on a quality assessment and

assurance committee required under 42 U.S.C. sec. 1396r(b)(1)(B) and 42 CFR

sec. 483.75(r), or as amended, shall be immune from civil liability only for

acts done directly as a member of such committee so long as the acts are

performed in good faith, without malice and are required by the activities of

such committee as defined in 42 CFR sec. 483.75(r).



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