Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing
This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this
A:
Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:
1. The facility must provide a written statement to the DHSS within 30 days of becoming aware of the incident that may warrant EDL placement.
2. If the facility fails to provide the statement within the 30-day period, the DHSS may begin its own investigation.
Regarding your specific situation, it seems unusual that the process is taking place more than a year after the alleged incident, especially if the facility did not provide a timely statement to the DHSS. However, the DHSS does have the authority to investigate and place individuals on the EDL even if a significant amount of time has passed.
You have the right to appeal the decision and challenge the allegations. Follow the instructions provided in the letter you received to file an appeal within the specified time frame. It's advisable to gather any relevant documentation and evidence to support your case during the appeal process.
The change in ownership of the facility should not directly impact the EDL process, as the DHSS is the governing body responsible for the EDL, not the facility itself.
If you have further questions or concerns about the process or your rights, consider consulting with an attorney who specializes in employment law or elder care regulations in Missouri.
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