John Constantino, Chair, called the meeting of the Missouri Mental Health Commission to order at 8:05 a.m. on Thursday, December 14, 2006. The meeting was held at the Department of Mental Health, 1706 E. Elm Street, Conference Room B, Jefferson City.

Mary Lou Bussabarger commented on a CNN report on autism which showcased an individual with autism from early childhood to a young adult. Mary Lou shared that theinformation from the report was well presented.

John Constantino expressed thanks, appreciation and gratitude to Central Office staff for the work done over the past few months in spite of all the various changes.

George Gladis presented an update on the Department of Mental Health Director Selection Process. He reported that by the January Commission meeting the process will be completed and referrals will be made to the Senate for confirmation for a new director for the department .

• The Department of Mental Health shall pursue legislation and amend regulations involving Licensure & Certification to permit administrative actions, up to and including fines, for failure to implement plans of corrections.

• The Department of Mental Health shall pursue legislation and amend regulations that permit fines or other penalties against licensed, certified, or contracted entities for failure to report abuse and neglect, based upon organizational misconduct.

• The Department of Mental Health shall pursue legislation providing civil immunity to providers and DMH administrators allowing open discussion of individual job performance in order to make employment decisions that affect the safety of consumers. However, the legislation shall not protect reckless, misleading communication or intentional misstatements.

• The Department of Mental Health shall craft a legislative proposal comparable to that which created Child Fatality Review Boards within the Department of Social Services. It would establish review of all deaths of adults who are in the care and custody of the Department of Mental Health. The board should include the expertise of pathologists or medical examiners, law enforcement, prosecutors, and advocates, including Missouri Protection nd Advocacy Services.
  

 

• The Department of Mental Health shall pursue legislation to allow public access to non-confidential information in final reports of substantiated abuse and neglect.

• The Department of Mental Health shall pursue legislation to amend Section 565.180, RSMo, et.seq, which pertains to the crime of elder abuse, to incorporate the crime of patient, resident, or client abuse or neglect of a Department consumer currently provided for in Section 650.155,RSMo.

Mark Stringer has been working with Mary Tansey and Felix Vincenz on Neglect II and Employee Misconduct. An overview on the topic was presented with a focus on wording and decisive actions that should be taken when Employee Misconduct is discovered. Progressive discussion will continue on due process and the appeal process.

Joe Parks presented an overview on Medicaid Transformation. The Departments of Social Services, Health and Senior Services and Mental Health have jointly delivered recommendations for the Governor's consideration to suggest ways to transform the Medicaid program. The Department of Mental Health participated in all facets of this process to provide input regarding its Medicaid eligible consumers and consumers accessing mental health services in other systems. There are two critical sets of issues to understand in relationship to Medicaid Reform. First, how the proposal deals with broad structural, programmatic concerns such as restoration of the eligibility and service coverage cuts imposed by Senate Bill 539, coverage of the uninsured, and other initiatives. Secondly, the primary changes to the service delivery which impact Medicaid consumers.

Mary Lou Bussabarger made a motion that the Mental Health Commission go into Closed Executive Session in accordance with Section 610.0921 (3), RSMo, Personnel. George Gladis seconded and the motion passed.