RESIDENTIAL FACILITY SAFETY AND SUPPORT ACT

Session: 103rd General Assembly
Year: 2023
Bill #: SB0855
Category: Public Health, Hospital Facilities and Nursing Homes
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Amends the Native American Employment Plan Act. Makes a technical change in a Section concerning the short title. Senate Amendment 1: Provides that the Act may be referred to as the Residential Facility Safety and Support Act. Amends the Department of Human Services Act. In provisions concerning investigative reports issued by the Department of Human Services' Inspector General that pertain to allegations of resident abuse or neglect at State-operated mental health facilities, expands the list of reportable conduct to include material obstruction of an investigation by a facility employee. Requires the Inspector General to report to the Department of Public Health's Health Care Worker Registry, the identity and finding of each employee of a facility or agency against whom there is a final investigative report prepared by the Office of the Inspector General containing a substantiated allegation of material obstruction of an investigation. Defines "material obstruction of an investigation" and "presenting untruthful information". Amends the Mental Health and Developmental Disabilities Administrative Act. Prohibits mental health facilities or agencies that are licensed, certified, operated, or funded by the Department of Human Services from employing any person identified by the Health Care Worker Registry as having been the subject of a substantiated finding of physical abuse, sexual abuse, financial exploitation, egregious neglect, or material obstruction of an investigation (rather than abuse or neglect of a service recipient). Amends the Health Care Worker Background Check Act. Prohibits health care employers from hiring or retaining any individual in a position with duties involving direct care of clients, patients, or residents who has a finding by the Department of Human Services denoted on the Health Care Worker Registry of material obstruction of an investigation. Effective immediately.



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