HB1350 was enacted into law as section 192.2495 RSMo effective August 28, 2018.
Providers are responsible for ensuring aides are registered with the Family Care Safety Registry (FCSR), that screenings are done at the time of hire and before any contact with a participant, and an application for a Good Cause (GCW) has been submitted, if applicable. It is also a good business practice to check the FCSR annually. Documentation of the FCSR screening and GCW, if applicable, must be maintained by the provider for five years and be readily available when requested by MMAC. One suggested way of documenting the decision is to make a note on the screening with the date and name of the person that reviewed the information.
Under section 192.2495, not every finding (hit) requires a GCW. For example, local ordinance violations, misdemeanor DWIs, and most other misdemeanors do not require a GCW. Even if the crime is not listed below and is considered a lesser crime, the provider may choose not to hire an applicant. Most court reports list the state statute that was violated under the headings “State Code” and “Statute Citation”. Comparing the state statute found on the report to the list below will help guide the provider in deciding if a GCW is required.
Per section 192.2495 RSMo, anyone who has been found guilty, plead guilty, or plead nolo contendere to any felony violations under the RSMo sections listed below must obtain a GCW.
568.045 Endangering the welfare of a child in the first degree 568.050 Endangering the welfare of a child in the second degree 568.060 Abuse or neglect of a child 568.175 Trafficking in children 570.025 Robbery in the second degree 570.023 Robbery in the first degree 570.030 Stealing 570.040 Stealing 3rd offense (prior to January 1, 2017) 570.090 Forgery 570.145 Financial exploitation of the elderly person or person with a disability 570.23 Identity theft 576.080 Supporting terrorism 577.010 Driving while intoxicated or 577.012 Driving with excessive blood alcohol content and who is alleged and found by the court to be an aggravated or chronic offender under section 577.023 (Felony DWI) Any felony offense under section 579 or (previously) Chapter 195 Any offense (including misdemeanors) requiring registration under section 589.400
Anyone who is listed on the department of mental health employee disqualification registry under section 630.170; or has a finding on the child abuse and neglect registry under sections 210.109 to 210.183 must also obtain a GCW.
Employee background screening requirements may vary slightly among different programs, and it is important for providers to conduct background screenings appropriately. The following regulation sections describe requirements for providers ensuring aides are registered with the Family Care Safety Registry (FCSR), that screenings are done at the time of hire, and when a Good Cause Waiver must be requested. Background screening requirements for in-home services aides are found at 19 CSR 15-7.021 (24) (A) 4 and 19 CSR 15-8.400 for CDS attendants. Also see section 192.2495 RSMo, Personal Care Manual, and Division of Senior and Disability Services Memo PN-18-17, VM-18-17 dated August 28, 2018.
Applicants desiring to contract with MO HealthNet for the purpose of providing In-Home Personal Care Services (IHS) or Consumer Directed Services (CDS) to Medicaid participants are required by 19 CSR 15-7.021(5) to submit a complete proposal packet to Missouri Medicaid Audit & Compliance (MMAC). Previously, applicants paid the Medicaid enrollment application fee at the time they submitted their proposal.
Effective Monday, October 15, 2018, applicants submitting IHS or CDS proposals will no longer be required to submit the enrollment application fee with their proposal packet; it will be submitted later after the proposal has been approved. MMAC will refund or return any application fees received with a new proposal packet after October 15th. Applicants who submitted their IHS or CDS proposal prior to October 15th and paid the enrollment will not have their enrollment application fee returned unless their proposal is rejected; it will be applied to their Medicaid application once their proposal has been approved.
The MMAC Contracts Unit will send the applicant an email acknowledging receipt of a proposal packet. The proposal will be evaluated for completeness and compliance with the program requirements for the type of contract being sought. Applicants should review the proposal requirements and program guidance available on MMAC’s website (IHS and CDS Proposal Information) and make sure they are submitting all required documents. Applicants also need to keep a copy all documents submitted as part of their proposal packet.
Incomplete or non-compliant proposals will be rejected by the MMAC Contracts staff. Applicants will receive a letter or email from MMAC identifying any parts of their proposal packet that do not meet program requirements. The rejected proposal will not be returned by MMAC. Applicants will be required to submit a new and complete IHS or CDS proposal packet to MMAC.
Once an IHS or CDS proposal packet has been accepted and approved by MMAC, the applicant will be asked to submit the required Medicaid provider enrollment forms and enrollment fee.
Questions regarding proposals or Medicaid enrollment for Home and Community Based Services should be sent to MMAC.IHSContracts@dss.mo.gov
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