Missouri Modifies the Employment Disqualification List for Home Care Employees

Missouri Senate Bill 127 was recently signed by the Governor. The legislation amends several sections of the existing law that pertain to public medical assistance, the state’s HealthNet eligibility, and other public health services. This update looks at the amendments affecting home health agencies as defined in Missouri Revised Statutes 197-400. The definition includes public agencies and private organizations.

Missouri Revised Statutes Section 660.315 is amended so that employers will not be held liable under state law for denying or terminating employment if required to do so by law. An employer may deny or terminate employment because of information obtained through the state-mandated background screening and employment eligibility determination process if the employee:

1. Has been found guilty, pled guilty, or pled nolo contendere in Missouri or been found guilty of a crime in any state which if committed in Missouri would be a class A or B felony violation of certain specified crimes such as offenses against the persons, sexual offenses, and robbery or burglary offenses;
2. Was placed on the employee disqualification list maintained by the Department of Health and Senior Services, after the date of hire;
3. Was placed on the employee disqualification list maintained by the Department of Mental Health, after the date of hire;
4. Is listed on any of the background check lists in the Family Care Safety Registry; or
5. Has a disqualifying finding or was denied a good cause waiver under the employee disqualification list maintained by the Department of Health and Senior Services. 
   The bill also stipulates that an employer will not be charged with unemployment insurance benefits if it terminates employment for the stated reasons.

The effective date of the new legislation is August 28, 2013.

A copy of the new law is available here: http://legiscan.com/MO/text/SB127/id/850673/Missouri-2013-SB127-Enrolled.pdf