660.023.  In-home services providers, telephone tracking system required, use of — rulemaking authority. — 1.  All in-home services provider agencies shall, by July 1, 2015, have, maintain, and use a telephone tracking system for the purpose of reporting and verifying the delivery of home- and community-based services as authorized by the department of health and senior services or its designee.  Use of such system prior to July 1, 2015, shall be voluntary.  At a minimum, the telephone tracking system shall:

  (1)  Record the exact date services are delivered;

  (2)  Record the exact time the services begin and exact time the services end;

  (3)  Verify the telephone number from which the services were registered;

  (4)  Verify that the number from which the call is placed is a telephone number unique to the client;

  (5)  Require a personal identification number unique to each personal care attendant; and

  (6)  Be capable of producing reports of services delivered, tasks performed, client identity, beginning and ending times of service and date of service in summary fashion that constitute adequate documentation of service.

  2.  The telephone tracking system shall be used to process payroll for employees and for submitting claims for reimbursement to the MO HealthNet division.

  3.  The department of health and senior services shall promulgate by rule the minimum necessary criteria of the telephone tracking system.  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, 2010, shall be invalid and void.

  4.  As new technology becomes available, the department may allow use of a more advanced^* tracking system, provided that such system is at least as capable of meeting the requirements listed in subsection 1 of this section.

  5.  The department of health and senior services, in collaboration with other appropriate agencies, including in-home services providers, shall establish telephone tracking system pilot projects, implemented in two regions of the state, with one in an urban area and one in a rural area.  Each pilot project shall meet the requirements of this section.  The department of health and senior services shall, by December 31, 2013, submit a report to the governor and general assembly detailing the outcomes of these pilot projects.  The report shall take into consideration the impact of a telephone tracking system on the quality of the services delivered to the consumer and the principles of self-directed care.

  6.  In the event that a consensus between in-home service providers and representatives from the executive branch cannot be reached, the telephony report issued to the general assembly and governor shall include a minority report which will detail those elements of substantial dissent from the main report.

  7.  No interested party, including in-home service providers, shall be required to contract with any particular vendor or provider of telephony services nor bear the full cost of the pilot program.