SS/SCS/HB 949 - This act makes a technical correction to the law concerning whistleblower protections for certain health care employees. Whistleblower employees must be informed of their right to notify the Department of Health of any additional information concerning alleged violations of law or rules concerning patient care and safety or facility safety.

This act will be known as the "Missouri Health Facilities Review Law" and states the purpose of the Office of Health Facilities Review. Revised definitions are provided. (Sections 197.370 - 197.374).

The Missouri Health Facilities Review Committee is established, consisting of seven members and the director of the Division of Health Standards and Licensure and the Division of Aging. The Committee must meet at least twice per year. Existing members will complete their terms. (Section 197.376). The duties of the Committee are provided, including the review and approval or disapproval of all applications for review certification. (Section 197.378).

The procedures for application submission are outlined. A letter of intent should be submitted 30 days before filing an application and a fee must accompany the application. Applicants have the right to appeal the Committee's decision. (Section 197.380 - 197.382).

Any person proposing a new institutional health service, first-time service, the addition of newly licensed beds, or renovations over a certain amount must obtain a non-transferable review certification. Certification will also be granted to those demonstrating a need for a competitive alternative in concentrated markets. If costs exceed 10% of the approved amount, the Committee must consent to the increase. Applicants must submit periodic reports and the Committee may revoke certification in certain situations. A review certification may be forfeited for failure to spend 20% of the total approved cost within 12 months. State agencies may not license, certify, or provide funds without a person or facility first obtaining review certification, if required to do so. (Section 197.384).

An application for review certification will not be required for previously certified facilities which are run by the state, facilities operated for the purpose of treating AIDS patients, and other nonreviewable projects. (Section 197.386).

Review certification will not be issued until January 1, 2003 for additional ICF, RCF I or II, or SNF beds unless they are exempt from review certification requirements, or for hospital beds which are reallocated to nursing care beds. (Section 197.388).

The Department of Health must determine existing need for additional beds by county. Occupancy within a county must exceed 90% for at least 4 consecutive quarters and the Department may make other considerations, as well. (Section 197.390).

The procedure for increasing licensed bed capacity in a RCF I or II or a SNF is outlined. The facility must perform certain duties and certify certain procedures in order to increase. This section takes the language of the repealed 197.318.8(1)(Section 197.392).

Any person paid to support or oppose a project must register with the Committee. Persons regulated by chapters 197 or 198 are prohibited from soliciting Committee members while an application is pending. (Section 197.394).

Reimbursement for new institutional health service project costs over 10% of the initial estimate will not be paid for the first 3 years that a facility receives payment for services through Medicaid. A review certification must be granted before payment for excess project costs will be made. The Committee must submit an annual report to the Governor and General Assembly regarding approved, disapproved, or pending projects. The Committee is given rule authority to enforce these sections. (Section 197.396 - 197.398).

Portions of this act are substantially similar to SB 235 (2001).
ERIN MOTLEY

SA 1 - ADDS A SECTION 1 TO REQUIRE THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO CONDUCT A STUDY ON THE ECONOMIC IMPACT OF CERTIFICATE OF NEED.

SA 2 - ADDS A SECTION 1 TO ESTABLISH THE CHILD CUSTODY, ABUSE AND NEGLECT COMMISSION WITHIN THE GOVERNOR'S OFFICE.

SA 3 - REDUCES THE SIZE OF THE HEALTH FACILITIES REVIEW COMMITTEE FROM 7 TO 5, BUT ADDS 2 MEMBERS FROM THE SENATE AND 2 MEMBERS FROM THE HOUSE.

SA 4 - MODIFIES THE HEALTH FACILITIES REVIEW COMMITTEE BY REDUCING MEMBER NUMBERS ACCORDING TO SA 3.

SA 5 - ADDS SECTION 198.531 TO ADD AN AGING-IN-PLACE PILOT PROJECT IN NORTHEAST MISSOURI.