reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.750 - Title — definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2007
208.750. Title — definitions. —
1. Sections 208.750 to 208.775 shall be known and may be cited as the "Family Development Account Program".
2. For purposes of sections 208.750 to 208.775, the following terms mean:
(1)
"Account holder"
, a person who is the owner of a family development account;
(2)
"Community-based organization"
, any religious or charitable association formed pursuant to chapter 352 or any nonprofit corporation formed under chapter 355 that is approved by the director of the department of economic development to implement the family development account program;
(3)
"Department"
, the department of economic development;
(4)
"Director"
, the director of the department of economic development;
(5)
"Family development account"
, a financial instrument established pursuant to section 208.760;
(6)
"Family development account reserve fund"
, the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program and for providing matching funds for moneys in family development accounts;
(7)
"Federal poverty level"
, the most recent poverty income guidelines published in the calendar year by the United States Department of Health and Human Services;
(8)
"Financial institution"
, any bank, trust company, savings bank, credit union or savings and loan association as defined in chapter 362, 369 or 370 and with an office in Missouri which is approved by the director for participation in the program;
(9)
"Program"
, the Missouri family development account program established in sections 208.750 to 208.775;
(10)
"Program contributor"
, a person or entity who makes a contribution to a family development account reserve fund and is not the account holder.
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(L. 1999 S.B. 387, et al. § 9, A.L. 2007 S.B. 30 merged with S.B. 577)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.760 - Eligibility — withdrawal of moneys, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 1999
208.760. Eligibility — withdrawal of moneys, when. —
1. A family or individual whose household income is less than or equal to two hundred percent of the federal poverty level may open a family development account for the purpose of accumulating and withdrawing moneys for specified expenditures. The account holder may withdraw moneys from the account on the approval of the community-based organization, without penalty, for any of the following expenditures:
(1) Educational costs for any family member at an accredited institution of higher education;
(2) Job training costs for any family member eighteen years of age or older, at an accredited or licensed training program;
(3) Purchase of a primary residence;
(4) Major repairs or improvements to a primary residence; or
(5) Start-up capitalization of a small business for any family member eighteen years of age or older.
2. Financial institutions approved by the department shall be permitted to establish family development accounts pursuant to sections 208.750 to 208.775. The financial institution shall certify to the department, on forms prescribed by the department and accompanied by any documentation required by the department, that such accounts have been established pursuant to the provisions of sections 208.750 to 208.775 and that deposits have been made on behalf of the account holder.
3. A financial institution establishing a family development account shall:
(1) Keep the account in the name of the account holder;
(2) Permit deposits to be made in the account by the following, subject to the indicated conditions:
(a) The account holder; or
(b) A community-based organization on behalf of the account holder. Such a deposit may include moneys to match the account holder's deposits, up to a three-to-one match rate;
(3) Require the account to earn at least the market rate of interest; and
(4) Permit the account holder to withdraw moneys from the account for any of the purposes listed in subsection 1 of this section.
4. The total of all deposits by the account holder into a family development account in a calendar year shall not exceed two thousand dollars. The total balance in a family development account shall not exceed fifty thousand dollars.
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(L. 1999 S.B. 387, et al. § 11)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.765 - Forfeiture of account moneys, when — death of account holder, effect of.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 1999
208.765. Forfeiture of account moneys, when — death of account holder, effect of. —
1. Account holders who withdraw moneys from a family development account not in accordance with subsection 1 of section 208.760 shall forfeit all matching moneys in the account.
2. All moneys forfeited by an account holder pursuant to subsection 1 of this section shall be returned to the family development account reserve fund of the community-based organization.
3. In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the family development account reserve fund of the community-based organization.
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(L. 1999 S.B. 387, et al. § 12)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.770 - Tax exemption, credit, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2009
208.770. Tax exemption, credit, when. —
1. Moneys deposited in or withdrawn pursuant to subsection 1 of section 208.760 from a family development account by an account holder are exempted from taxation pursuant to chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, and chapter 147, 148 or 153 provided, however, that any money withdrawn for an unapproved use should be subject to tax as required by law.
2. Interest earned by a family development account is exempted from taxation pursuant to chapter 143.
3. Any funds in a family development account, including accrued interest, shall be disregarded when determining eligibility to receive, or the amount of, any public assistance or benefits.
4. A program contributor shall be allowed a credit against the tax imposed by chapter 143, excluding withholding tax imposed by sections 143.191 to 143.265, and chapter 147, 148 or 153, pursuant to sections 208.750 to 208.775. Contributions up to fifty thousand dollars per program contributor are eligible for the tax credit which shall not exceed fifty percent of the contribution amount.
5. The department of economic development shall verify all tax credit claims by contributors. The administrator of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to a family development account reserve fund for the calendar year. The director shall determine the date by which such information shall be submitted to the department by the local administrator. The department shall submit verification of qualified tax credits pursuant to sections 208.750 to 208.775 to the department of revenue.
6. For all fiscal years ending on or before June 30, 2010, the total tax credits authorized pursuant to sections 208.750 to 208.775 shall not exceed four million dollars in any fiscal year. For all fiscal years beginning on or after July 1, 2010, the total tax credits authorized under sections 208.750 to 208.775 shall not exceed three hundred thousand dollars in any fiscal year.
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(L. 1999 S.B. 387, et al. § 13, A.L. 2009 H.B. 191)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.775 - Independent evaluation — report.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 1999
208.775. Independent evaluation — report. —
Subject to appropriations and to the provisions of chapter 34, the department shall annually award up to one hundred thousand dollars for an independent evaluation of the program. Based on this program evaluation, the department shall provide a comprehensive report on the program to the speaker of the house and the president pro tem of the senate by March first of each year, beginning in 2000.
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(L. 1999 S.B. 387, et al. § 14)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.780 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2014, 2 histories
208.780. Definitions. —
As used in sections 208.780 to 208.798, the following terms shall mean:
(1)
"Asset test"
, the asset limits as defined by the Medicare Prescription Drug Improvement and Modernization Act, P.L. 108-173;
(2)
"Contractor"
, the person, partnership, or corporate entity which has an approved contract with the department to administer the pharmaceutical assistance program established under sections 208.780 to 208.798 and this chapter;
(3)
"Department"
, the department of social services;
(4)
"Division"
, the MO HealthNet division of the department of social services;
(5)
"Enrollee"
, a resident of this state who meets the conditions specified in sections 208.780 to 208.798 and in department regulations relating to eligibility for participation in the Missouri Rx plan and whose application for enrollment in the Missouri Rx plan has been approved by the department;
(6)
"Federal poverty guidelines"
, the federal poverty guidelines updated annually in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. Section 9902(2);
(7)
"Liquid assets"
, assets used in the eligibility determination process as defined by the Medicare Modernization Act;
(8)
"Medicaid dual eligible"
or
"dual eligible"
, a person who is eligible for both Medicare and Medicaid as defined by the Medicare Modernization Act;
(9)
"Medicare Modernization Act"
or
"MMA"
, the Medicare Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173;
(10)
"Medicare Part D prescription drug benefit"
, the prescription benefit provided under the Medicare Modernization Act, as it may vary from one prescription drug plan to another;
(11)
"Missouri resident"
, a person who has or intends to have a fixed place of residence in Missouri, with the present intent of maintaining a permanent home in Missouri for the indefinite future;
(12)
"Missouri Rx plan"
, the state pharmacy assistance program created in section 208.782, or the combination of state and federal programs providing services to the population described in section 208.784;
(13)
"Participating pharmacy"
, a pharmacy that elects to participate as a pharmaceutical provider and enters into a participating network agreement with the department or contractor;
(14)
"Prescription drug plan"
or
"PDP"
, nongovernmental drug plans under contract with the Center for Medicare and Medicaid Services to provide prescription benefits under the Medicare Modernization Act;
(15)
"Prescription drugs"
, outpatient prescription drugs that have been approved as safe and effective by the United States Food and Drug Administration. Prescription drugs do not include experimental drugs or over-the-counter pharmaceutical products;
(16)
"Program"
, the Missouri Rx plan created under sections 208.780 to 208.798.
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(L. 2005 S.B. 539, A.L. 2014 H.B. 1299 Revision)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.784 - Coordination of prescription drug coverage with Medicare Part D — enrollment in program — Medicaid dual eligibles, effect of.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2006, 2 histories
208.784. Coordination of prescription drug coverage with Medicare Part D — enrollment in program — Medicaid dual eligibles, effect of. —
1. The program shall coordinate prescription drug coverage with the Medicare Part D prescription drug benefit, including related supplies as determined by the department, who:
(1) Is a resident of the state of Missouri and is either:
(a) Sixty-five years of age or older; or
(b) Is disabled and receiving a Social Security benefit and is enrolled in the Medicare program;
(2) Is enrolled in a Medicare Part D drug plan;
(3) Is not a member of a retirement plan that is receiving a benefit under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173.
2. The department shall give initial enrollment priority to the Medicaid dual eligible population. A second enrollment priority will be afforded to Medicare-eligible applicants with annual household incomes at or below one hundred fifty percent of the federal poverty guidelines who also meet the asset test. Medicaid dual eligible persons may be automatically enrolled into the program, as long as they may opt out of the program if they so choose. The department shall determine the procedures for automatic enrollment in, and election out of, the Missouri Rx plan. Applicants meeting the eligibility requirements set forth in this section may begin enrolling in the program as determined by the department.
3. An individual or married couple who meet the eligibility requirements in subsection 1 of this section and who are not Medicaid dual eligible persons may apply for enrollment in the program by submitting an application to the department, or the department's designee, that attests to the age, residence, household income, and liquid assets of the individual or couple.
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(L. 2005 S.B. 539, A.L. 2006 S.B. 1117)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.786 - Authority of department in providing benefits — start of program benefits, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.786. Authority of department in providing benefits — start of program benefits, when. —
1. In providing program benefits, the department shall have the authority to:
(1) Adopt, amend, and rescind such rules and regulations necessary to perform its duties under this law to maximize the benefits;
(2) Enter into a contract with one or more prescription drug plans to coordinate the prescription benefits of the Missouri Rx plan and the Medicare Part D prescription benefit;
(3) Require that pharmaceutical manufacturers provide Medicaid level or greater rebates for enrollees at or below two hundred percent of the federal poverty level who also meet the asset test for Medicare Part D prescription benefit in order for the manufacturer's products to be available to the enrollees of the Missouri Rx plan. These rebates shall be no less than those provided to Medicaid under Section 1927 of Title XIX of the Social Security Act, 42 U.S.C. Section 1396r-8. If revenue is generated for the program from sources other than appropriation, the additional revenue shall be deposited in the Missouri Rx plan fund. This additional revenue shall be used to fund program benefits and make payments, as may be required, under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, P.L. 108-173;
(4) Preliminarily enroll beneficiaries into a preferred Medicare Part D prescription drug plan, with an opt-out provision for the individual. Individuals who opt out of the preferred PDP shall remain enrolled in the Missouri Rx plan unless they choose to withdraw from the program;
(5) Prescribe the application and enrollment procedures for prospective enrollees in the Missouri Rx plan;
(6) Select in accordance with applicable procurement laws, a contractor to assist in the administration of the Missouri Rx plan or negotiate the provision of administrative function for the Missouri Rx plan.
2. Program benefits shall begin January 1, 2006. For persons meeting the eligibility requirements in section 208.784, the program may, subject to appropriation and contingent upon available funds, pay all or some of the deductibles, coinsurance payments, premiums, and co-payments required under the Medicare Part D pharmacy benefit.
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(L. 2005 S.B. 539)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.788 - Program not an entitlement — payer of last resort requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.788. Program not an entitlement — payer of last resort requirements. —
1. The program created in sections 208.780 to 208.798 is not an entitlement. The program created in or authorized under sections 208.780 to 208.798 is subject to the annual appropriation of funds by the general assembly. Benefits are limited by moneys appropriated in the appropriations bill and signed by the governor less actions by the governor under Article IV, Sections 26 and 27 of the Missouri Constitution and section 33.290.
2. The program is the payor of last resort, and shall only cover costs for participants that are not covered by the Medicare Part D prescription benefit.
3. Except for dual eligibles during the transition period in which they are being transferred from the Medicaid program to a prescription drug plan, applicants who are qualified for coverage of payments for prescription drugs under a public assistance program, other than MMA benefits, are ineligible for the Missouri Rx plan as long as they are so qualified.
4. Applicants who are qualified for full coverage of payments for prescription drugs under another plan of assistance or insurance are ineligible to receive benefits from the Missouri Rx plan as long as they are eligible to receive prescription drug benefits from another plan.
5. Applicants who are qualified for partial payments for prescription drugs under another insurance plan are eligible for the Missouri Rx plan, but may receive reduced assistance from the Missouri Rx plan.
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(L. 2005 S.B. 539)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.790 - Applicants required to have fixed place of residence, rules — eligibility income limits subject to appropriations, rules.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2019, 4 histories
208.790. Applicants required to have fixed place of residence, rules — eligibility income limits subject to appropriations, rules. —
1. The applicant shall have or intend to have a fixed place of residence in Missouri, with the present intent of maintaining a permanent home in Missouri for the indefinite future. The burden of establishing proof of residence within this state is on the applicant. The requirement also applies to persons residing in long-term care facilities located in the state of Missouri.
2. The department shall promulgate rules outlining standards for documenting proof of residence in Missouri. Documents used to show proof of residence shall include the applicant's name and address in the state of Missouri.
3. Applicant household income limits for eligibility shall be subject to appropriations, but in no event shall applicants have household income that is greater than one hundred eighty-five percent of the federal poverty level for the applicable family size for the applicable year as converted to the MAGI equivalent net income standard.
4. The department shall promulgate rules outlining standards for documenting proof of household income.
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(L. 2005 S.B. 539, A.L. 2014 S.B. 754, A.L. 2017 S.B. 139, A.L. 2019 S.B. 514)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.794 - Fund created.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.794. Fund created. —
1. There is hereby created in the state treasury the "Missouri Rx Plan Fund", which shall consist of all moneys deposited in the fund under sections 208.780 to 208.798, and all moneys which may be appropriated to it by the general assembly from federal or other sources.
2. The state treasurer shall be custodian of the fund and shall approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the fund shall be used solely for the administration of sections 208.780 to 208.798. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
3. All funds collected by or due and payable to the Missouri Rx plan fund shall remain in and accrue to said fund.
4. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
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(L. 2005 S.B. 539)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.798 - Termination date.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2022, 5 histories
208.798. Termination date. —
The provisions of sections 208.780 to 208.798 shall terminate on August 28, 2029.
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(L. 2005 S.B. 539, A.L. 2011 H.B. 412, A.L. 2014 S.B. 754, A.L. 2017 S.B. 139, A.L. 2022 H.B. 2400 merged with S.B. 710)
Terminates 8-28-29
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.819 - Transition grants created, eligibility, amount — information and training developed — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
Effective - 28 Aug 2009, 2 histories
208.819. Transition grants created, eligibility, amount — information and training developed — rulemaking authority. —
1. Subject to appropriations, persons institutionalized in nursing homes who are MO HealthNet-eligible and who wish to move back into the community shall be eligible for a one-time transition grant. The transition grant shall be limited to up to twenty-four hundred dollars to offset the initial down payments, setup costs, and other expenditures associated with housing a senior or person with disabilities needing home and community-based services as such person moves out of a nursing home. Such grants shall be established and administered by the division of senior and disability services in consultation with the department of social services. The division of senior and disability services and the department of social services shall cooperate in actively seeking federal and private grant moneys to further fund this program; except that, such federal and private grant moneys shall not limit the general assembly's ability to appropriate moneys for the transition grants.
2. The department of health and senior services and the department of mental health shall work together to develop information and training on community-based service options for residents transitioning into the community and shall promulgate rules as necessary. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
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(L. 2001 S.B. 236, A.L. 2009 H.B. 395)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.850 - Title.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 04 Nov 2008, see footnote
208.850. Title. —
Title.
Sections 208.850 to 208.871 shall be known as and may be cited as "The Quality Home Care Act".
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(L. 2008 Adopted by Initiative, Proposition B, § 1, November 4, 2008)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.865 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 04 Nov 2008, see footnote
208.865. Definitions. —
Definitions.
As used in sections 208.850 to 208.871:
(1)
"Consumer"
means a person receiving personal care assistance services from a personal care attendant as defined in subdivision (4) of this section;
(2)
"Council"
means the Missouri quality home care council;
(3)
"Department"
means the Missouri department of health and senior services;
(4)
"Personal care attendant"
means a person, other than a consumer's spouse, providing consumer-directed personal care assistance services as defined in subdivisions (2) and (5) of section 208.900 under sections 208.900 to 208.927, similar consumer-directed personal care assistance services under section 208.930, and similar consumer-directed personal care assistance services through a program operated pursuant to a waiver obtained under Section 1915(c) of the federal Social Security Act or similar consumer-directed services under the successor to any of said programs;
(5)
"Vendor"
is defined in subdivision (10) of section 208.900 and in subsection 2 of section 208.862.
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(L. 2008 Adopted by Initiative, Proposition B, § 6, November 4, 2008)
Revisor's Note: References to statute or section numbers have been changed in accordance with section 3.060.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.868 - Federal approval and funding.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 04 Nov 2008, see footnote
208.868. Federal approval and funding. —
Federal approval and funding.
The council and the state of Missouri shall take all actions reasonably necessary to obtain any approval from the United States needed to implement any part of sections 208.850 to 208.871 and to ensure
*
continued federal funding of any program governed by sections 208.850 to 208.871.
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(L. 2008 Adopted by Initiative, Proposition B, § 7, November 4, 2008)
*Word "insure" appears in original rolls of Section 7 of Proposition B adopted November 4, 2008.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.871 - Severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 04 Nov 2008, see footnote
208.871. Severability clause. —
Severability.
If any section, subsection, subdivision, paragraph, sentence, or clause of sections 208.850 to 208.871 is held to be invalid or unconstitutional, such decision shall not affect any remaining portion, section, or part thereof which can be given effect without the invalid provision.
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(L. 2008 Adopted by Initiative, Proposition B, § 8, November 4, 2008)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.900 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.900. Definitions. —
As used in sections 208.900 to 208.927, the following terms mean:
(1)
"Consumer"
, a physically disabled person determined by the department to be eligible to receive personal care assistance services. "Consumer" does not include any individual with a legal limitation of his or her ability to make decisions, including the appointment of a guardian or conservator, or who has an effective power of attorney that authorizes another person to act as the agent or on behalf of the individual for any of the duties required by the consumer-directed program;
(2)
"Consumer-directed"
, the hiring, training, supervising, and directing of the personal care attendant by the consumer;
(3)
"Department"
, the department of health and senior services;
(4)
"Live independently"
, to reside and perform routine tasks in a noninstitutional or unsupervised residential setting;
(5)
"Personal care assistance services"
, those routine tasks provided to meet the unmet needs required by the consumer to enable him or her to live independently;
(6)
"Personal care attendant"
, a person, other than the consumer's spouse, who performs personal care assistance services for the consumer;
(7)
"Physically disabled"
, loss of, or loss of use of, all or part of the neurological, muscular, or skeletal functions of the body to the extent that a person requires the assistance of another person to accomplish routine tasks;
(8)
"Routine tasks"
:
(a) Bowel and bladder elimination;
(b) Dressing and undressing;
(c) Moving into and out of bed;
(d) Preparation and consumption of food and drink;
(e) Bathing and grooming;
(f) Use of prostheses, aids, equipment, and other similar devices; or
(g) Ambulation, housekeeping, and other functions of daily living;
(9)
"Unmet needs"
, those routine tasks which are allowable by the Medicaid state plan but which cannot reasonably be met by the members of the consumer's household or other current support systems;
(10)
"Vendor"
, any organization having a written agreement with the department to provide services including monitoring and oversight of the personal care attendant, orientation, and training of the consumer, and fiscal conduit services necessary for delivery of personal care assistance services to consumers.
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(L. 2005 S.B. 539 § 660.661)
(2009) Section excluding from personal care assistance program individuals with a mental disability requiring appointment of a guardian violates federal law. Bechtel v. State Department of Social Services, 274. S.W.3d 464 (Mo.banc).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.903 - Financial assistance for personal care, eligibility requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.903. Financial assistance for personal care, eligibility requirements. —
1. Subject to appropriations, the department shall provide financial assistance for consumer-directed personal care assistance services through eligible vendors to each person determined eligible to participate under guidelines established by the Medicaid state plan and who:
(1) Is capable of living independently with personal care assistance services;
(2) Is physically disabled;
(3) Is eighteen years of age or older;
(4) Is able to direct his or her own care;
(5) Is able to document proof of Medicaid eligibility under Title XIX of the Social Security Act under federal and state laws and regulations;
(6) Requires at least a nursing home level of care under regulations established by the department;
(7) Participates in an assessment or evaluation, or both, by the department; and
(8) Can have their unmet needs safely met at a cost that shall not exceed the average monthly Medicaid cost of nursing facility care as determined by the department of social services.
2. Upon certification of the employment of a personal care attendant chosen by the consumer in accordance with sections 208.900 to 208.927, the vendor shall perform the payroll and fringe benefit accounting functions for the consumer. The vendor shall be responsible for filing claims with the Missouri Medicaid program. Statutorily required fringe benefit costs shall be paid from the personal care assistant appropriation. The department shall establish the statewide rate for personal care attendant services. For purposes of this section, the personal care attendant is considered the employee of the consumer only for the period of time subsidized by personal care assistant funds. Nothing in this section shall be construed to mean that the attendant is the employee of the vendor, the department, or the state of Missouri.
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(L. 2005 S.B. 539 § 660.664)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.921 - Denial of eligibility, applicant entitled to hearing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.921. Denial of eligibility, applicant entitled to hearing. —
1. Applicants for personal care assistance services and consumers receiving such services are entitled to a hearing with the department of social services if eligibility for personal care assistance services is denied, if the type or amount of services is set at a level less than the consumer believes is necessary, if disputes arise after preparation of the personal care assistance services plan concerning the provision of such services, or if services are discontinued as provided in section 208.924.
2. A request for a hearing shall be made to the department of social services in writing in the form prescribed by the department of social services within ninety days after the mailing or delivery of the written decision of the department of health and senior services. The procedures for such requests and for the hearings shall be as set forth in section 208.080.
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(L. 2005 S.B. 539 § 660.681)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.924 - Discontinuation of services, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2020, 2 histories
208.924. Discontinuation of services, when. —
1. A consumer's personal care assistance services may be discontinued under circumstances such as the following:
(1) The department learns of circumstances that require closure of a consumer's case, including one or more of the following: death, admission into a long-term care facility, no longer needing service, or inability of the consumer to consumer-direct personal care assistance service;
(2) The consumer has falsified records; provided false information of his or her condition, functional capacity, or level of care needs; or committed fraud;
(3) The consumer is noncompliant with the plan of care. Noncompliance requires persistent actions by the consumer which negate the services provided in the plan of care;
(4) The consumer or member of the consumer's household threatens or abuses the personal care attendant or vendor to the point where their welfare is in jeopardy and corrective action has failed;
(5) The maintenance needs of a consumer are unable to continue to be met because the plan of care hours exceed availability; and
(6) The personal care attendant is not providing services as set forth in the personal care assistance services plan and attempts to remedy the situation have been unsuccessful.
2. The personal care attendant shall report to the department if he or she witnesses significant deterioration of the health of the consumer or if he or she has a belief that the consumer is no longer capable of self-directed care.
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(L. 2005 S.B. 539 § 660.684, A.L. 2020 H.B. 1682)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.927 - Rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2005
208.927. Rulemaking authority. —
The department may promulgate rules and regulations to implement the provisions of sections 208.900 to 208.927. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Any provisions of the existing rules regarding the personal care assistance program promulgated by the department of elementary and secondary education in title 5, code of state regulations, division 90, chapter 7, which are inconsistent with the provisions of sections 208.900 to 208.927 are void and of no force and effect.
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(L. 2005 S.B. 539 § 660.687)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.935 - Assessment tool, home and community-based services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
Effective - 28 Aug 2020
208.935. Assessment tool, home and community-based services. —
Subject to appropriations, the department of health and senior services shall develop or contract with a state agency or third party to develop an interactive assessment tool, which may include mobile as well as centralized functionality, for utilization when implementing the assessment and authorization process for MO HealthNet home and community-based services authorized by the division of senior and disability services.
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(L. 2020 H.B. 1682)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.951 - Request for proposals.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
• Effective - 28 Aug 2007
208.951. Request for proposals. —
For purposes of a request for proposal for health improvement plans, there shall be a request for proposal for at least six regions in the state, however in no case shall there be a single statewide contract. Counties with a risk-bearing care coordination plan as of July 1, 2007, shall continue as risk-bearing care coordination plans for the categories of aid in such program as of July 1, 2007. Nothing in sections 208.950 and 208.955 shall be construed to void a chronic care improvement plan contract existing on August 28, 2007.
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(L. 2007 S.B. 577 § 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.1050 - Fund created, use of moneys.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
Effective - 08 Jul 2013, see footnote
208.1050. Fund created, use of moneys. —
1. There is hereby created in the state treasury the "Missouri Senior Services Protection Fund", which shall consist of money collected under subsection 2 of this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and, upon appropriation, money in the fund shall be used solely for the administration of subsection 2 of this section. Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
2. The state treasurer shall deposit from moneys that otherwise would have been deposited into the general revenue fund an amount equal to fifty-five million one hundred thousand dollars into the Missouri senior services protection fund. At least one-quarter of such amount shall be deposited on or before July 15, 2013, an additional one-quarter by October 15, 2013, and an additional one-quarter by January 15, 2014. The remaining amount shall be deposited by March 15, 2014. Moneys in the fund shall be allocated for services for low-income seniors and people with disabilities.
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(L. 2013 H.B. 116 merged with H.B. 986)
Effective 7-08-13 (H.B. 986); 7-12-13 (H.B. 116)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.1060 - Food banks, state plan to be submitted for federal project.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
Effective - 28 Aug 2021
208.1060. Food banks, state plan to be submitted for federal project. —
The department of social services shall submit a state plan to the U.S. Department of Agriculture for a Farm to Food Bank Project under 7 CFR 251.10(j) and shall contract with any qualified food bank, as defined in 7 CFR 251.3(f), for the purpose of operating the project.
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(L. 2021 H.B. 432)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief › Section 208.1070 - LARC prescriptions, transfer of, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 208
Effective - 28 Aug 2018
208.1070. LARC prescriptions, transfer of, when. —
1. For purposes of this section, the term
"long-acting reversible contraceptive (LARC)"
shall include, but not be limited to, intrauterine devices (IUDs) and birth control implants.
2. Notwithstanding any other provision of law, any LARC that is prescribed to and obtained for a MO HealthNet participant may be transferred to another MO HealthNet participant if the LARC was not delivered to, implanted in, or used on the original MO HealthNet participant to whom the LARC was prescribed. In order to be transferred to another MO HealthNet participant under the provisions of this section, the LARC shall:
(1) Be in the original, unopened package;
(2) Have been in the possession of the health care provider for at least twelve weeks. The provisions of this subdivision may be waived upon the written consent of the original MO HealthNet participant to whom the LARC was prescribed;
(3) Not have left the possession of the health care provider who originally prescribed the LARC; and
(4) Be medically appropriate and not contraindicated for the MO HealthNet participant to whom the LARC is being transferred.
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(L. 2018 S.B. 826)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 209 - Disabilities Assistance, Aid to the Blind, and Rights of Persons with Visual, Hearing or Physical Disabilities › Section 209.010 - Division to aid blind persons.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 209
• Effective - 28 Aug 2014
209.010. Division to aid blind persons. —
The duties of the family support division shall be to prepare and maintain a complete register of the blind persons within this state and to collate information concerning their physical condition, cause of blindness and such additional information as may be useful to the division in the performance of its other duties as herein enumerated, and to investigate and report to the general assembly from time to time the condition of the blind within this state, with its recommendations concerning the best method of relief for the blind; to adopt such measures as the division may deem expedient for the prevention and cure of blindness; to establish and maintain at such places within this state as the division may deem expedient shops and workrooms for the employment of blind persons capable of useful labor, and to provide superintendence and other assistance therefor and instruction therein; to compensate the persons so employed in the manner and to the extent that the division shall deem proper; to provide such means for the sale of the products of the blind as the division shall deem expedient; to act as a bureau of information for the purpose of securing employment for the blind of this state elsewhere than in the shops and workrooms of the division and to this end the division is authorized to procure and furnish materials and tools and to furnish aid and assistance to blind persons engaged in home industries and to buy and sell the products of the blind wherever and however produced within this state; to provide for the temporary cost of the food, raiment and shelter of deserving blind persons engaged in useful labor; to ameliorate the condition of the blind by such means consistent with the provisions of sections 209.010 to 209.160 as the division may deem expedient; provided, however, that no part of the funds appropriated by the state shall be used for solely charitable purposes; the object and purpose of sections 209.010 to 209.160 being to encourage capable blind persons in the pursuit of useful labor and to provide for the prevention and cure of blindness.
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(RSMo 1939 § 9447, A.L. 2014 H.B. 1299 Revision)
Prior revisions: 1929 § 8889; 1919 § 12361
CROSS REFERENCES:
Family support division to administer aid or pension to blind persons, 207.010
Readers for blind persons attending college in this state, 178.160 to 178.180
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 209 - Disabilities Assistance, Aid to the Blind, and Rights of Persons with Visual, Hearing or Physical Disabilities › Section 209.015 - Blindness education, screening and treatment program fund — uses of fund — rulemaking.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 209
• Effective - 28 Aug 2018, 2 histories
209.015. Blindness education, screening and treatment program fund — uses of fund — rulemaking. —
1. There is hereby created in the state treasury the "Blindness Education, Screening and Treatment Program Fund". The fund shall consist of moneys donated pursuant to subsection 7 of section 301.020 and subsection 3 of section 302.171. Unexpended balances in the fund at the end of any fiscal year shall not be transferred to the general revenue fund or any other fund, the provisions of section 33.080 to the contrary notwithstanding.
2. Subject to the availability of funds in the blindness education, screening and treatment program fund, the department of social services shall develop a blindness education, screening and treatment program to provide blindness prevention education and to provide screening and treatment for persons who do not have adequate coverage for such services under a health benefit plan.
3. The program shall provide for:
(1) Public education about blindness and other eye conditions;
(2) Screenings and eye examinations to identify conditions that may cause blindness; and
(3) Treatment procedures necessary to prevent blindness.
4. The department may contract for program development with any department-approved nonprofit organization dealing with regional and community blindness education, eye donor and vision treatment services.
5. The department may adopt rules to prescribe eligibility requirements for the program.
6. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.
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(L. 2000 S.B. 721 § 192.936, A.L. 2007 S.B. 16, A.L. 2014 H.B. 1299 Revision, A.L. 2018 S.B. 975 & 1024 Revision)
Transferred 2014; formerly 192.935