HB 1362 Expands Religious Exemptions From CON & Licensure Process
Bill Summary

SCS/HB 1362 - This act makes various changes to Missouri's Certificate of Need Laws.

The definition of expenditure minimum for (1) Health care facilities licensed under Chapter 198, RSMo and long term care beds are $600,000 for capital expenditures and $400,000 in the case of major medical equipment and new institutional services; (2) Beds or equipment used to provide 24 hour accommodations, board and basic or skilled nursing care and treatment services or beds in a long-term care hospital the expenditure minimum shall be zero; and (3) For all other health care facilities the expenditure minimum shall be 1 million dollars in the case of capital expenditures and 1 million dollars in the case of major medical equipment and new institutional services.

The definition of health care facilities is changed by removing the exemption language naming the First Church of Christ Scientist, Boston, Massachusetts and replaces it with language exempting Christian Science Nursing Facilities certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc. Any facility that fails to maintain accreditation or certification shall be liable for a fine of $100 per resident per day for each violation.

The act exempts residential care facilities I and II from the Certificate of Need process if they do not require the expenditure of public funds for the purchase or operation of the facility.

A certificate of need shall not be required for a facility serving exclusively mentally ill, homeless persons, with 16 beds or less that is owned or operated by a not for profit corporation which is controlled directly by a religious organization which has received approval by the Division of Aging for plans by May 1, 1996 and is licensed by the Division of Aging by July 1, 1996.

No certificate of need shall be issued for beds in long-term care hospitals excepting those which are not subject to a certificate of need pursuant to Section 197.305, RSMo. However, after July 1, 1999 the Missouri Health Facilities Review Committee may issue a certificate of need for additional beds in existing health care facilities or for new beds in hew health care facilities or for the reallocation of licensed beds, provided that no construction shall begin before July 1, 2000.

The Missouri Health Facilities Review Committee shall review all letters on intent and applications for long-term care hospital beds under its criteria and standards for long-term care beds.

After December 31, 1999, the term "health care facilities" shall mean: (1) facilities licensed under Chapter 198, RSMo; (2) long-term care beds in a hospital; (3) long-term care hospitals or beds in long-term care hospitals; and (4) Additional acute care beds above the total number of such beds licensed by the state on the effective date of this act.

An applicant for licensure to become a nursing home administrator of an institution conducted by and for those who rely upon treatment by prayer or spiritual means in accordance with the tenets of a recognized church or denomination, would not have to demonstrate proficiency in any techniques or to meet any educational qualification or standards not in accord with the remedial care and treatment provided by such institutions.
CHERYL GRAZIER