Putting the Health and Safety of our Seniors Over Politics

By Lt. Governor Joe Maxwell

	Over the past few months my office has been on a journey to enact stronger
laws to protect Missouri's senior citizens.  I have met with a caucus of
Missouri's senior advocates, as they have been instrumental in guiding us
toward the best solution that will address the needs of seniors throughout
the state. I have also had the opportunity to speak with Missouri nursing
home residents, family members, and the employees and administrators of
long-term care facilities, to discover their concerns with the laws and
regulations currently in place.  

	These discussions resulted in the creation of legislation to accomplish this
goal.  Earlier in the legislative session, bills were submitted in both the
Missouri House of Representatives and in the Senate as our vital first step.
Our journey has now found a new path toward its completion, with the filing
of a bipartisan Senior Care and Protection Act of 2003 in the Missouri
Senate.

	On Feb. 20, 2003 Senate Bill 556 was submitted by Sen. Peter Kinder (R-Cape
Girardeau) and Sen. Pat Dougherty (D-St. Louis).  This bipartisan bill was
co-signed by 18 other senators from both parties, as now a majority of all
senators throughout the state are listed as co-sponsors of this bill.
Having joined together to ensure the health and safety of our seniors, we
can make strong strides forward toward enacting tough laws that better
protect Missouri senior citizens. Now is an excellent opportunity to achieve
the passage of these protections by putting the issues and concerns of our
seniors over politics.

	Passing the Senior Care and Protection Act of 2003 will significantly
strengthen Missouri laws and help drive the bad actors out of our state.
One way of accomplishing these goals will be the increase in both the
federal and state fines for violations.  Additionally, the fines for Class I
violations, which are the most severe violations, will stick regardless of
correction or whether the owner sells the facility.  

	This legislation will also enact stricter background checks for both the
owners and employees of nursing homes. Once this is enacted, when an out of
state owner applies for a license to operate a nursing home in Missouri the
state will be able to consider their compliance history from other states.
This will help prevent those owners who have operated homes with major
safety and health violations in other states from harming our seniors here
in Missouri. 

	The Senior Care and Protection Act of 2003 will also make the nursing home
administrators more legally liable for their actions. Any nursing home
operator who conceals abuse or neglect will be guilty of a Class D felony.
As part of this effort we will require all nursing home deaths to be
reported to the coroner before the deceased is moved to a funeral home.
Through this notification, the possibility of elder abuse going undetected
will be decreased.  

	Nursing home employees will also have to undergo a more rigorous process for
employment. Any person applying to work in a nursing home, that has not been
a resident of Missouri for the last five years, will have to pay for a
nationwide criminal background check.  This will help to ensure that our
senior citizens are protected from potential caregivers with a dangerous or
abusive past.

	At the same time, this legislation will create whistle-blower like
protections for our valuable nursing home employees who report abuse or
neglect, protecting them from the reprisals of owners and administrators if
violations occur.  By giving these employees this protection and by allowing
anonymous complaints, the state will be able to help more seniors faced with
abuse or neglect. 
	
	While this legislation strengthens the penalties and legal
responsibilities of nursing homes, we are not out to attack the nursing home
industry.  The majority of the nursing homes in Missouri provide good,
quality care for our senior citizens.  As part of this legislation we will
reduce the number of inspections on these quality nursing homes.  By keeping
a stronger focus on those facilities that do not provide quality care, we
can strive to further protect Missouri seniors.

	Our seniors have worked hard their entire lives to shape our society and
nation into the wonderful land that it is today, and by acting through this
legislation we can work to help them receive the quality care that they
deserve.  I urge you to contact your state representative and senator to
ensure that they too are working to protect the safety and health of our
seniors through the support of this bipartisan legislation.