Missouri Revised Statutes













Chapter 660

Department of Social Services

←660.021

Section 660.023.1

660.025→

August 28, 2015

In-home services providers, telephone tracking system required, use of--rulemaking authority.

660.023. 1. All in-home services provider agencies shall, by July 1,

2015, have, maintain, and use a telephone tracking system for the purpose

of reporting and verifying the delivery of home- and community-based

services as authorized by the department of health and senior services or

its designee. Use of such system prior to July 1, 2015, shall be

voluntary. At a minimum, the telephone tracking system shall:



(1) Record the exact date services are delivered;



(2) Record the exact time the services begin and exact time the

services end;



(3) Verify the telephone number from which the services were

registered;



(4) Verify that the number from which the call is placed is a

telephone number unique to the client;



(5) Require a personal identification number unique to each personal

care attendant; and



(6) Be capable of producing reports of services delivered, tasks

performed, client identity, beginning and ending times of service and date

of service in summary fashion that constitute adequate documentation of

service.



2. The telephone tracking system shall be used to process payroll for

employees and for submitting claims for reimbursement to the MO HealthNet

division.



3. The department of health and senior services shall promulgate by

rule the minimum necessary criteria of the telephone tracking system. Any

rule or portion of a rule, as that term is defined in section 536.010, that

is created under the authority delegated in this section shall become

effective only if it complies with and is subject to all of the provisions

of chapter 536 and, if applicable, section 536.028. This section and

chapter 536 are nonseverable and if any of the powers vested with the

general assembly pursuant to chapter 536 to review, to delay the effective

date, or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2010, shall be invalid and void.



4. As new technology becomes available, the department may allow use

of a more advanced* tracking system, provided that such system is at least

as capable of meeting the requirements listed in subsection 1 of this

section.



5. The department of health and senior services, in collaboration

with other appropriate agencies, including in-home services providers,

shall establish telephone tracking system pilot projects, implemented in

two regions of the state, with one in an urban area and one in a rural

area. Each pilot project shall meet the requirements of this section. The

department of health and senior services shall, by December 31, 2013,

submit a report to the governor and general assembly detailing the outcomes

of these pilot projects. The report shall take into consideration the

impact of a telephone tracking system on the quality of the services

delivered to the consumer and the principles of self-directed care.



6. In the event that a consensus between in-home service providers

and representatives from the executive branch cannot be reached, the

telephony report issued to the general assembly and governor shall include

a minority report which will detail those elements of substantial dissent

from the main report.



7. No interested party, including in-home service providers, shall be

required to contract with any particular vendor or provider of telephony

services nor bear the full cost of the pilot program.



(L. 2010 S.B. 842, et al. merged with S.B. 1007)



*Word "advance" appears in original rolls.







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