Section 192.2010

Title XII PUBLIC HEALTH AND WELFARE

Chapter 192

Effective - 28 Aug 2014   

  192.2010.  Shared care program established, goals — department duties. — 1.  The department of health and senior services shall establish a program to help families who provide the primary long-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 an elderly person;

  (2)  To increase awareness of the variety of privately funded services which may be available to those persons caring for an elderly person;

  (3)  To increase awareness of the variety of government services which may be available to those caring for an elderly person;

  (4)  Recognition on an annual basis by the governor for those families participating in the shared care program and community project groups participating in the shared care program;

  (5)  To provide a tax credit to members who meet the qualifications pursuant to section 192.2015; and

  (6)  To promote community involvement by:

  (a)  Providing local communities information about the shared care program and to encourage the establishment of support groups where none are available and to support existing support groups, and other programs for shared care members and providers to share ideas, information and resources on caring for an elderly person; and

  (b)  Encouraging local home care, adult day care or other long-term care providers, who have regularly scheduled training sessions for paid caregivers, to voluntarily invite shared care members to participate in education and training sessions at no cost to the registered caregivers.  Such providers shall not be held liable in any civil or criminal action related to or arising out of the participation or training of shared care members in such sessions.

  2.  To further the goals of the shared care program, the director shall:

  (1)  Promulgate specific rules and procedures for the shared care program.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 192.2000 to 192.2020 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.  All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.  Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.  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, 1999, shall be invalid and void;

  (2)  Maintain a registry of names and addresses of shared care members and shared care providers;

  (3)  Compile a list, updated annually, of public and private resources, services and programs which may be available to assist and support the registered caregiver with caring for the elderly.  Such list shall be given to shared care members along with information on shared care providers in their community.  Private organizations and providers shall be responsible for providing information to the division of aging for inclusion on the list.  The department shall establish reporting procedures for private organizations and publicly disseminate the division's guidelines statewide;

  (4)  Compile and distribute to shared care members information about the services and benefits of the shared care program and a bibliography of resources and materials with information helpful to such members.  The bibliography will give members an overview of available information and is not required to be comprehensive;

  (5)  Encourage shared care providers, consumer groups, churches and other philanthropic organizations to help local communities develop local support systems where none are available and to support existing support groups for persons caring for elderly persons and make department staff available, if possible;

  (6)  In conjunction with the director of revenue, develop a physician certification for shared care tax credit form to be given to registered caregivers upon request.  The form shall require, but is not limited to:

  (a)  Identifying information about the registered caregiver for tax purposes, and the signature of the registered caregiver certifying that he or she qualifies for the shared care tax credit as provided in section 192.2015;

  (b)  Identifying information about the elderly person receiving care for verification purposes;

  (c)  Identifying information about and the signature of the physician licensed pursuant to the provisions of chapter 334 for verification and certification purposes;

  (d)  A description by such physician of the physical or mental condition of the elderly person that makes them incapable of living alone and lists the care, assistance with daily living and oversight needed at home in order to prevent placement in a facility licensed pursuant to chapter 198; and

  (e)  A complete explanation of the shared care tax credit and its guidelines and directions on completion of the form and how to file for the shared care tax credit with the department of revenue; and

  (7)  In conjunction with the director of revenue, develop a department certification for shared care tax credit form to be given at the request of the registered caregivers when a department assessment has been completed for other purposes.  The form shall require, but is not limited to:

  (a)  Identifying information about the registered caregiver for tax purposes, and the signature of the registered caregiver certifying that he or she qualifies for the shared care tax credit as provided in section 192.2015;

  (b)  Identifying information about the elderly person receiving care for verification purposes;

  (c)  Identifying information about and the signature of the department staff for verification and certification purposes;

  (d)  A description by the department staff of the physical or mental condition of the elderly person that makes them incapable of living alone and lists the care, assistance with daily living and oversight needed at home in order to prevent placement in a facility licensed pursuant to chapter 198; and

  (e)  A complete explanation of the shared care tax credit and its guidelines and directions for completing the form and how to file for the shared care tax credit with the department of revenue.

  3.  Funds appropriated for the shared care program shall be appropriated to and administered by the department of health and senior services.

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(L. 1999 H.B. 316, et al., A.L. 2014 H.B. 1299 Revision § 192.1004)

Transferred 2014; formerly 660.054