660.054. Shared care program established, goals--directors duties.
Shared care program established, goals--directors duties.
660.054. 1. The division of aging of the department of socialservices shall establish a program to help families who provide the primarylong-term care for an elderly person. This program shall be known as"shared care" and has the following goals:
(1) To provide services and support for families caring for anelderly person;
(2) To increase awareness of the variety of privately funded serviceswhich may be available to those persons caring for an elderly person;
(3) To increase awareness of the variety of government services whichmay be available to those caring for an elderly person;
(4) Recognition on an annual basis by the governor for those familiesparticipating in the shared care program and community project groupsparticipating in the shared care program;
(5) To provide a tax credit to members who meet the qualificationspursuant to section 660.055; and
(6) To promote community involvement by:
(a) Providing local communities information about the shared careprogram and to encourage the establishment of support groups where none areavailable and to support existing support groups, and other programs forshared care members and providers to share ideas, information and resourceson caring for an elderly person; and
(b) Encouraging local home care, adult day care or other long-termcare providers, who have regularly scheduled training sessions for paidcaregivers, to voluntarily invite shared care members to participate ineducation and training sessions at no cost to the registered caregivers.Such providers shall not be held liable in any civil or criminal actionrelated to or arising out of the participation or training of shared caremembers in such sessions.
2. To further the goals of the shared care program, the directorshall:
(1) Promulgate specific rules and procedures for the shared careprogram. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections660.050 to 660.057 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August28, 1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void;
(2) Maintain a registry of names and addresses of shared care membersand shared care providers;
(3) Compile a list, updated annually, of public and privateresources, services and programs which may be available to assist andsupport the registered caregiver with caring for the elderly. Such listshall be given to shared care members along with information on shared careproviders in their community. Private organizations and providers shall beresponsible for providing information to the division of aging forinclusion on the list. The division of aging shall establish reportingprocedures for private organizations and publicly disseminate thedivision's guidelines statewide;
(4) Compile and distribute to shared care members information aboutthe services and benefits of the shared care program and a bibliography ofresources and materials with information helpful to such members. Thebibliography will give members an overview of available information and isnot required to be comprehensive;
(5) Encourage shared care providers, consumer groups, churches andother philanthropic organizations to help local communities develop localsupport systems where none are available and to support existing supportgroups for persons caring for elderly persons and make division staffavailable, if possible;
(6) In conjunction with the director of revenue, develop a physiciancertification for shared care tax credit form to be given to registeredcaregivers upon request. The form shall require, but is not limited to:
(a) Identifying information about the registered caregiver for taxpurposes, and the signature of the registered caregiver certifying that heor she qualifies for the shared care tax credit as provided in section660.055;
(b) Identifying information about the elderly person receiving carefor verification purposes;
(c) Identifying information about and the signature of the physicianlicensed pursuant to the provisions of chapter 334, RSMo, for verificationand certification purposes;
(d) A description by such physician of the physical or mentalcondition of the elderly person that makes them incapable of living aloneand lists the care, assistance with daily living and oversight needed athome in order to prevent placement in a facility licensed pursuant tochapter 198, RSMo; and
(e) A complete explanation of the shared care tax credit and itsguidelines and directions on completion of the form and how to file for theshared care tax credit with the department of revenue; and
(7) In conjunction with the director of revenue, develop a divisionof aging certification for shared care tax credit form to be given at therequest of the registered caregivers when a division of aging assessmenthas been completed for other purposes. The form shall require, but is notlimited to:
(a) Identifying information about the registered caregiver for taxpurposes, and the signature of the registered caregiver certifying that heor she qualifies for the shared care tax credit as provided in section660.055;
(b) Identifying information about the elderly person receiving carefor verification purposes;
(c) Identifying information about and the signature of the divisionof aging staff for verification and certification purposes;
(d) A description by the division of aging staff of the physical ormental condition of the elderly person that makes them incapable of livingalone and lists the care, assistance with daily living and oversight neededat home in order to prevent placement in a facility licensed pursuant tochapter 198, RSMo; and
(e) A complete explanation of the shared care tax credit and itsguidelines and directions for completing the form and how to file for theshared care tax credit with the department of revenue.
3. Funds appropriated for the shared care program shall beappropriated to and administered by the department of social services.
(L. 1999 H.B. 316, et al.)