Missouri Revised Statutes
Chapter 208
Old Age Assistance, Aid to Dependent Children and General Relief
←208.912
Section 208.915.1
208.918→
August 28, 2015
Misappropriation of consumer's property or funds, report to the department--content of report--investigation procedures--employee disqualification list maintained.
208.915. 1. Any person having reasonable cause to believe that a
misappropriation of a consumer's property or funds, or the falsification of
any documents verifying personal care assistance services delivery to the
consumer, has occurred may report such information to the department.
2. For each report the department shall attempt to obtain the name and
address of the vendor, the personal care attendant, the personal care
assistance services consumer, 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 personal care assistance services vendor, or personal care
attendant who puts to his or her own use or the use of the personal care
assistance services vendor or otherwise diverts from the personal care
assistance services consumer's use any personal property or funds of the
consumer, 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 a personal
care assistance services consumer, 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 under 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 a personal care
assistance services vendor agency shall harass, dismiss or retaliate against a
personal care assistance services consumer or a personal care attendant
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 personal care assistance services vendor or any personal care attendant
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 personal care
attendants who are or have been employed by a personal care assistance
services consumer, and the names of any persons who are or have been employed
by a vendor as defined in subdivision (10) of section 208.900, and who have
been finally determined by the department under section 192.2490* to have
misappropriated any property or funds, or falsified any documents for service
delivery to a personal care assistance services consumer and who came to be
known to the consumer, directly or indirectly by virtue of the consumer's
participation in the personal care assistance services program.
(L. 2005 S.B. 539 § 660.676)
*Reprinted due to statutory references changed to comply with section
3.060.
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