Missouri Revised Statutes













Chapter 208

Old Age Assistance, Aid to Dependent Children and General Relief

←208.856

Section 208.859.1

208.862→

August 28, 2015

Powers and duties of the council.

208.859. The powers and duties of the council.



The council shall have the following powers and duties:



(1) Assess the size, quality and stability of the home care workforce in

Missouri and the ability of the existing workforce to meet the growing and

changing 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 through

contracts, in cooperation with vendors, as defined in subdivision (5) of

section 208.865*, for prospective and current personal care attendants;



(4) Recommend minimum qualifications for personal care attendants to the

department of health and senior services;



(5) Establish and maintain a statewide list of eligible, available

personal care attendants, in cooperation with vendors, including attendants

available to provide respite and replacement services. In order to facilitate

the creation of such a list, all vendors shall provide the council with the

list of persons eligible to be a personal care attendant which vendors are

required to maintain under subsection 4 of section 208.906* and subdivision

(3) of subsection 1 of section 208.918*. The council shall ensure** that all

personal care attendants placed on the statewide list are registered with the

family care safety registry as provided in sections 210.900 to 210.936* and

are not listed on any of the background check lists in the family care safety

registry, absent a good cause waiver obtained from the department pursuant to

section 192.2495*. All consumers seeking personal care attendants, whether or

not they are participants in the consumer directed services program, shall

have access to the statewide list;



(6) Provide routine, emergency, respite, and replacement referrals of

eligible and available personal care attendants to vendors and consumers;



(7) In cooperation with the Missouri state highway patrol, the

department of social services' children's division, the department of mental

health, the department of health and senior services, and vendors and on an

on-going basis, assess existing mechanisms for preventing abuse and neglect of

consumers in the home care setting and recommend improvements to those

agencies and the general assembly. As part of this duty, members and

employees of the council shall have access to the employee disqualification

list established in section 192.2490* and the family care safety registry.

Members and employees of the council shall report to the department of health

and senior services when they have reasonable cause to believe that a consumer

has been abused or neglected as defined in section 192.2400*, subject to the

same standards set forth in section 208.912*;



(8) Recommend the wage rate or rates to be paid personal care attendants

and any economic benefits to be received by personal care attendants to the

general assembly. The department shall retain its existing authority to

establish the Medicaid reimbursement rate for personal care assistance

services under subsection 2 of section 208.903*;



(9) Establish other terms and conditions of employment of personal care

attendants consistent with consumers' right to hire, fire, train, and

supervise personal care attendants;



(10) Cooperate with the department of health and senior services and

vendors to improve the provision of personal care assistance services;



(11) In carrying out its powers and duties under sections 208.850 to

208.871, the council may:



(a) Make and execute contracts and all other instruments necessary or

convenient for the performance of its duties or exercise of its powers;



(b) Issue rules under the Missouri administrative procedures act,

chapter 536, as necessary for the purposes and policies of sections 208.850 to

208.871. 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, 2008, shall be invalid and void;



(c) Establish offices, employ an executive director and such other staff

as is necessary to carry out its functions and fix their compensation, retain

contractors as necessary and prescribe their duties and power, incur expenses,

and create such liabilities as are reasonable and proper for the

administration of sections 208.850 to 208.871;



(d) Solicit and accept for use any grant of money, services or property

from the federal government, the state, or any political subdivision or agency

thereof, including federal matching funds under Title XIX of the federal

Social Security Act, and do all things necessary to cooperate with the federal

government, the state, or any political subdivision or agency thereof in

making an application for any grant;



(e) Keep records and engage in research and the gathering of relevant

statistics;



(f) Acquire, hold, or dispose of personal property or any interest

therein, and contract for, lease, or otherwise provide facilities for the

activities conducted under this measure;



(g) Sue and be sued in its own name;



(h) Delegate to the appropriate persons the power to execute contracts

and other instruments on its behalf and delegate any of its powers and duties

if consistent with the purposes of sections 208.850 to 208.871; and



(i) Do other acts necessary or convenient to execute the powers

expressly 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.



**Word "insure" appears in original rolls of Section 4 of Proposition

B adopted November 4, 2008.







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