660.305. In-home services client, misappropriation of property, report--investigation--penalty--confidentiality of report--immunity--retaliation prohibited--employee disqualification list.
In-home services client, misappropriation of property,report--investigation--penalty--confidentiality ofreport--immunity--retaliation prohibited--employee disqualificationlist.
660.305. 1. Any person having reasonable cause to believe that amisappropriation of an in-home services client's property or funds, or thefalsification of any documents verifying service delivery to the in-homeservices client has occurred, may report such information to thedepartment.
2. For each report the department shall attempt to obtain the namesand addresses of the in-home services provider agency, the in-home servicesemployee, the in-home services client, information regarding the nature ofthe misappropriation or falsification, the name of the complainant, and anyother information which might be helpful in an investigation.
3. Any in-home services provider agency or in-home services employeewho puts to his or her own use or the use of the in-home services provideragency or otherwise diverts from the in-home services client's use anypersonal property or funds of the in-home services client, or falsifies anydocuments for service delivery, is guilty of a class A misdemeanor.
4. Upon receipt of a report, the department shall immediatelyinitiate an investigation and report information gained from suchinvestigation to appropriate law enforcement authorities.
5. If the investigation indicates probable misappropriation ofproperty or funds, or falsification of any documents for service deliveryof an in-home services client, the investigator shall refer the complainttogether with the investigator's report to the department director or thedirector's designee for appropriate action.
6. Reports shall be confidential, as provided under section 660.320.
7. Anyone, except any person participating in or benefiting from themisappropriation of funds, who makes a report pursuant to this section orwho testifies in any administrative or judicial proceeding arising from thereport shall be immune from any civil or criminal liability for making sucha report or for testifying except for liability for perjury, unless suchperson acted negligently, recklessly, in bad faith, or with maliciouspurpose.
8. Within five working days after a report required to be made underthis section is received, the person making the report shall be notified inwriting of its receipt and of the initiation of the investigation.
9. No person who directs or exercises any authority in an in-homeservices provider agency shall harass, dismiss or retaliate against anin-home services client or employee because he or she or any member of hisor her family has made a report of any violation or suspected violation oflaws, ordinances or regulations applying to the in-home services provideragency or any in-home services employee which he or she has reasonablecause to believe has been committed or has occurred.
10. The department shall maintain the employee disqualification listand place on the employee disqualification list the names of any personswho are or have been employed by an in-home service provider agency and whohave been finally determined by the department to, pursuant to section660.315, have misappropriated any property or funds, or falsified anydocuments for service delivery of an in-home services client and who cameto be known to the person, directly, or indirectly while employed by anin-home services provider agency.
(L. 1992 S.B. 573 & 634, A.L. 2003 S.B. 556 & 311)