The council shall have the following powers and duties:
(1) Assess the size, quality and stability of the home care workforce inMissouri and the ability of the existing workforce to meet the growing andchanging needs of both aging and disabled consumers;
(2) Encourage eligible individuals to serve as personal care attendants;
(3) Provide training on a voluntary basis, either directly or throughcontracts, in cooperation with vendors, as defined in subdivision (5) ofsection 208.865*, for prospective and current personal care attendants;
(4) Recommend minimum qualifications for personal care attendants to thedepartment of health and senior services;
(5) Establish and maintain a statewide list of eligible, availablepersonal care attendants, in cooperation with vendors, including attendantsavailable to provide respite and replacement services. In order to facilitatethe creation of such a list, all vendors shall provide the council with thelist of persons eligible to be a personal care attendant which vendors arerequired to maintain under subsection 4 of section 208.906* and subdivision(3) of subsection 1 of section 208.918*. The council shall ensure** that allpersonal care attendants placed on the statewide list are registered with thefamily care safety registry as provided in sections 210.900 to 210.936*, RSMo,and are not listed on any of the background check lists in the family caresafety registry, absent a good cause waiver obtained from the departmentpursuant to section 660.317*, RSMo. All consumers seeking personal careattendants, whether or not they are participants in the consumer directedservices program, shall have access to the statewide list;
(6) Provide routine, emergency, respite, and replacement referrals ofeligible and available personal care attendants to vendors and consumers;
(7) In cooperation with the Missouri state highway patrol, thedepartment of social services' children's division, the department of mentalhealth, the department of health and senior services, and vendors and on anon-going basis, assess existing mechanisms for preventing abuse and neglect ofconsumers in the home care setting and recommend improvements to thoseagencies and the general assembly. As part of this duty, members andemployees of the council shall have access to the employee disqualificationlist established in section 660.315*, RSMo, and the family care safetyregistry. Members and employees of the council shall report to the departmentof health and senior services when they have reasonable cause to believe thata consumer has been abused or neglected as defined in section 660.250*, RSMo,subject to the same standards set forth in section 208.912*;
(8) Recommend the wage rate or rates to be paid personal care attendantsand any economic benefits to be received by personal care attendants to thegeneral assembly. The department shall retain its existing authority toestablish the Medicaid reimbursement rate for personal care assistanceservices under subsection 2 of section 208.903*;
(9) Establish other terms and conditions of employment of personal careattendants consistent with consumers' right to hire, fire, train, andsupervise personal care attendants;
(10) Cooperate with the department of health and senior services andvendors to improve the provision of personal care assistance services;
(11) In carrying out its powers and duties under sections 208.850 to208.871, the council may:
(a) Make and execute contracts and all other instruments necessary orconvenient for the performance of its duties or exercise of its powers;
(b) Issue rules under the Missouri administrative procedures act,chapter 536, RSMo, as necessary for the purposes and policies of sections208.850 to 208.871. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated in thissection, shall become effective only if it complies with and is subject to allof the provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 2008, shall be invalid and void;
(c) Establish offices, employ an executive director and such other staffas is necessary to carry out its functions and fix their compensation, retaincontractors as necessary and prescribe their duties and power, incur expenses,and create such liabilities as are reasonable and proper for theadministration of sections 208.850 to 208.871;
(d) Solicit and accept for use any grant of money, services or propertyfrom the federal government, the state, or any political subdivision or agencythereof, including federal matching funds under Title XIX of the federalSocial Security Act, and do all things necessary to cooperate with the federalgovernment, the state, or any political subdivision or agency thereof inmaking an application for any grant;
(e) Keep records and engage in research and the gathering of relevantstatistics;
(f) Acquire, hold, or dispose of personal property or any interesttherein, and contract for, lease, or otherwise provide facilities for theactivities conducted under this measure;
(g) Sue and be sued in its own name;
(h) Delegate to the appropriate persons the power to execute contractsand other instruments on its behalf and delegate any of its powers and dutiesif consistent with the purposes of sections 208.850 to 208.871; and
(i) Do other acts necessary or convenient to execute the powersexpressly granted to it.
(L. 2008 Adopted by Initiative, Proposition B, § 4, November 4, 2008)
Effective 11-04-08
*References to statute or section numbers have been changed to comply with section 3.060, RSMo.
**Word "insure" appears in original rolls of Section 4 of Proposition B adopted November 4, 2008.
The council shall have the following powers and duties:
(1) Assess the size, quality and stability of the home care workforce inMissouri and the ability of the existing workforce to meet the growing andchanging needs of both aging and disabled consumers;
(2) Encourage eligible individuals to serve as personal care attendants;
(3) Provide training on a voluntary basis, either directly or throughcontracts, in cooperation with vendors, as defined in subdivision (5) ofsection 208.865*, for prospective and current personal care attendants;
(4) Recommend minimum qualifications for personal care attendants to thedepartment of health and senior services;
(5) Establish and maintain a statewide list of eligible, availablepersonal care attendants, in cooperation with vendors, including attendantsavailable to provide respite and replacement services. In order to facilitatethe creation of such a list, all vendors shall provide the council with thelist of persons eligible to be a personal care attendant which vendors arerequired to maintain under subsection 4 of section 208.906* and subdivision(3) of subsection 1 of section 208.918*. The council shall ensure** that allpersonal care attendants placed on the statewide list are registered with thefamily care safety registry as provided in sections 210.900 to 210.936*, RSMo,and are not listed on any of the background check lists in the family caresafety registry, absent a good cause waiver obtained from the departmentpursuant to section 660.317*, RSMo. All consumers seeking personal careattendants, whether or not they are participants in the consumer directedservices program, shall have access to the statewide list;
(6) Provide routine, emergency, respite, and replacement referrals ofeligible and available personal care attendants to vendors and consumers;
(7) In cooperation with the Missouri state highway patrol, thedepartment of social services' children's division, the department of mentalhealth, the department of health and senior services, and vendors and on anon-going basis, assess existing mechanisms for preventing abuse and neglect ofconsumers in the home care setting and recommend improvements to thoseagencies and the general assembly. As part of this duty, members andemployees of the council shall have access to the employee disqualificationlist established in section 660.315*, RSMo, and the family care safetyregistry. Members and employees of the council shall report to the departmentof health and senior services when they have reasonable cause to believe thata consumer has been abused or neglected as defined in section 660.250*, RSMo,subject to the same standards set forth in section 208.912*;
(8) Recommend the wage rate or rates to be paid personal care attendantsand any economic benefits to be received by personal care attendants to thegeneral assembly. The department shall retain its existing authority toestablish the Medicaid reimbursement rate for personal care assistanceservices under subsection 2 of section 208.903*;
(9) Establish other terms and conditions of employment of personal careattendants consistent with consumers' right to hire, fire, train, andsupervise personal care attendants;
(10) Cooperate with the department of health and senior services andvendors to improve the provision of personal care assistance services;
(11) In carrying out its powers and duties under sections 208.850 to208.871, the council may:
(a) Make and execute contracts and all other instruments necessary orconvenient for the performance of its duties or exercise of its powers;
(b) Issue rules under the Missouri administrative procedures act,chapter 536, RSMo, as necessary for the purposes and policies of sections208.850 to 208.871. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated in thissection, shall become effective only if it complies with and is subject to allof the provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 2008, shall be invalid and void;
(c) Establish offices, employ an executive director and such other staffas is necessary to carry out its functions and fix their compensation, retaincontractors as necessary and prescribe their duties and power, incur expenses,and create such liabilities as are reasonable and proper for theadministration of sections 208.850 to 208.871;
(d) Solicit and accept for use any grant of money, services or propertyfrom the federal government, the state, or any political subdivision or agencythereof, including federal matching funds under Title XIX of the federalSocial Security Act, and do all things necessary to cooperate with the federalgovernment, the state, or any political subdivision or agency thereof inmaking an application for any grant;
(e) Keep records and engage in research and the gathering of relevantstatistics;
(f) Acquire, hold, or dispose of personal property or any interesttherein, and contract for, lease, or otherwise provide facilities for theactivities conducted under this measure;
(g) Sue and be sued in its own name;
(h) Delegate to the appropriate persons the power to execute contractsand other instruments on its behalf and delegate any of its powers and dutiesif consistent with the purposes of sections 208.850 to 208.871; and
(i) Do other acts necessary or convenient to execute the powersexpressly granted to it.
(L. 2008 Adopted by Initiative, Proposition B, § 4, November 4, 2008)
Effective 11-04-08
*References to statute or section numbers have been changed to comply with section 3.060, RSMo.
**Word "insure" appears in original rolls of Section 4 of Proposition B adopted November 4, 2008.
The council shall have the following powers and duties:
(1) Assess the size, quality and stability of the home care workforce inMissouri and the ability of the existing workforce to meet the growing andchanging needs of both aging and disabled consumers;
(2) Encourage eligible individuals to serve as personal care attendants;
(3) Provide training on a voluntary basis, either directly or throughcontracts, in cooperation with vendors, as defined in subdivision (5) ofsection 208.865*, for prospective and current personal care attendants;
(4) Recommend minimum qualifications for personal care attendants to thedepartment of health and senior services;
(5) Establish and maintain a statewide list of eligible, availablepersonal care attendants, in cooperation with vendors, including attendantsavailable to provide respite and replacement services. In order to facilitatethe creation of such a list, all vendors shall provide the council with thelist of persons eligible to be a personal care attendant which vendors arerequired to maintain under subsection 4 of section 208.906* and subdivision(3) of subsection 1 of section 208.918*. The council shall ensure** that allpersonal care attendants placed on the statewide list are registered with thefamily care safety registry as provided in sections 210.900 to 210.936*, RSMo,and are not listed on any of the background check lists in the family caresafety registry, absent a good cause waiver obtained from the departmentpursuant to section 660.317*, RSMo. All consumers seeking personal careattendants, whether or not they are participants in the consumer directedservices program, shall have access to the statewide list;
(6) Provide routine, emergency, respite, and replacement referrals ofeligible and available personal care attendants to vendors and consumers;
(7) In cooperation with the Missouri state highway patrol, thedepartment of social services' children's division, the department of mentalhealth, the department of health and senior services, and vendors and on anon-going basis, assess existing mechanisms for preventing abuse and neglect ofconsumers in the home care setting and recommend improvements to thoseagencies and the general assembly. As part of this duty, members andemployees of the council shall have access to the employee disqualificationlist established in section 660.315*, RSMo, and the family care safetyregistry. Members and employees of the council shall report to the departmentof health and senior services when they have reasonable cause to believe thata consumer has been abused or neglected as defined in section 660.250*, RSMo,subject to the same standards set forth in section 208.912*;
(8) Recommend the wage rate or rates to be paid personal care attendantsand any economic benefits to be received by personal care attendants to thegeneral assembly. The department shall retain its existing authority toestablish the Medicaid reimbursement rate for personal care assistanceservices under subsection 2 of section 208.903*;
(9) Establish other terms and conditions of employment of personal careattendants consistent with consumers' right to hire, fire, train, andsupervise personal care attendants;
(10) Cooperate with the department of health and senior services andvendors to improve the provision of personal care assistance services;
(11) In carrying out its powers and duties under sections 208.850 to208.871, the council may:
(a) Make and execute contracts and all other instruments necessary orconvenient for the performance of its duties or exercise of its powers;
(b) Issue rules under the Missouri administrative procedures act,chapter 536, RSMo, as necessary for the purposes and policies of sections208.850 to 208.871. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated in thissection, shall become effective only if it complies with and is subject to allof the provisions of chapter 536, RSMo, and, if applicable, section 536.028,RSMo. This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 2008, shall be invalid and void;
(c) Establish offices, employ an executive director and such other staffas is necessary to carry out its functions and fix their compensation, retaincontractors as necessary and prescribe their duties and power, incur expenses,and create such liabilities as are reasonable and proper for theadministration of sections 208.850 to 208.871;
(d) Solicit and accept for use any grant of money, services or propertyfrom the federal government, the state, or any political subdivision or agencythereof, including federal matching funds under Title XIX of the federalSocial Security Act, and do all things necessary to cooperate with the federalgovernment, the state, or any political subdivision or agency thereof inmaking an application for any grant;
(e) Keep records and engage in research and the gathering of relevantstatistics;
(f) Acquire, hold, or dispose of personal property or any interesttherein, and contract for, lease, or otherwise provide facilities for theactivities conducted under this measure;
(g) Sue and be sued in its own name;
(h) Delegate to the appropriate persons the power to execute contractsand other instruments on its behalf and delegate any of its powers and dutiesif consistent with the purposes of sections 208.850 to 208.871; and
(i) Do other acts necessary or convenient to execute the powersexpressly granted to it.
(L. 2008 Adopted by Initiative, Proposition B, § 4, November 4, 2008)
Effective 11-04-08
*References to statute or section numbers have been changed to comply with section 3.060, RSMo.
**Word "insure" appears in original rolls of Section 4 of Proposition B adopted November 4, 2008.
