SB 1007 Amends various requirements for public assistance programs administered by the state
Sponsor: Dempsey
LR Number: 5096S.10T Fiscal Note: 5096-10T.ORG
Committee: Health, Mental Health, Seniors and Families
Last Action: 6/25/2010 - Signed by Governor Journal Page: S1966
Title: CCS HCS SS SB 1007 Calendar Position:
Effective Date: August 28, 2010
House Handler: Cooper

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Current Bill Summary


CCS/HCS/SS/SB 1007 - This act modifies provisions relating to public assistance programs administered by the state.

TUBERCULOSIS

This act changes the references to the University of Missouri Board of Curators as it relates to the treatment and commitment of tuberculosis to the Department of Health and Senior Services. In addition, state payment shall be available for the treatment and care of individuals with tuberculosis committed for public health reasons only after benefits from all third-party payers have been exhausted. Sections 172.850, 199.010 TO 199.260

INFORMATION REGARDING HOME AND COMMUNITY BASED SERVICES

Prior to admission of a MO HealthNet individual into a long-term care facility, the prospective resident or his or her next of kin, legally authorized representative, or designee shall be informed of the home and community based services available in this state and shall have on record that such home and community based services have been declined as an option. Section 198.016

EXEMPTION FOR MO HEALTHNET FROM PAYING MEDICARE PART B DEDUCTIBLE AMOUNTS FOR HOSPITAL SERVICES

Current law requires reimbursement for services provided to an individual who is eligible for MO HealthNet, Medicare Part B, and Supplementary Medical Insurance to include payment in full of deductible and coinsurance amounts as determined by federal Medicare Part B provisions. This act exempts MO HealthNet from paying for the Medicare Part B deductible and coinsurance amounts for hospital outpatient services. Section 208.010

These provisions are identical to CCS/HCS/SCS/SBs 842, 799, & 809 (2010) and are substantially similar to provisions in HB 1918 (2010).

CHILD CARE SUBSIDIES

This act provides that the Children's Division within the Department of Social Services shall develop rules to become effective by July 1, 2010, modifying the income eligibility criteria for any person receiving state-funded child care assistance, either through vouchers or direct reimbursement to child care providers.

Eligible child care recipients under state law and regulation may pay a fee based on adjusted gross income and family size unit based on a child care sliding scale fee established by the Children's Division, which is subject to appropriations. However, a person receiving state-funded child care assistance whose income surpasses the annual appropriation level may continue to receive reduced subsidy benefits on a scale established by the Children's Division, at which time such person will have assumed the full cost of the maximum base child care subsidy benefits. "Annual appropriation level" is defined as the maximum income level to be eligible for a full child care benefit as determined through the annual appropriations process.

The sliding scale fee may be waived for children with special needs as established by the division. The maximum payment by the division shall be the applicable rate minus the applicable fee.

These provisions are identical to SS/HB 2290 (2010) and similar to SB 625 (2010), SS/SCS/SB 94 (2009), SCS/SB 776 (2008) and SCS/SB 260 and 71 (2007).

THIRD PARTY PAYERS/SUBROGATION

Under this act any third party payer, such as third party administrators, administrative service organizations, health benefit plans and pharmacy benefits managers, shall process and pay all properly submitted MO HealthNet subrogation claims using standard electronic transactions or paper claims forms for a period of three years from the date services were provided or rendered. However, such third party payers shall not:

(1) Be required to reimburse for items or services which are not covered under MO HealthNet;

(2) Deny a claim submitted by the state solely on the basis of the date of submission of the claim, the type or format of the claim form, failure to present proper documentation of coverage at the point of sale, or failure to obtain prior authorization;

(3) Be required to reimburse for items or services for which a claim was previously submitted to the third party payer by the health care provider or the participant and the claim was properly denied by the third party payer for procedural reasons, except for timely filing, type or format failure to present proper documentation of coverage at the point of sale, or failure to obtain prior authorization;

(4) Be required to reimburse for items or services which are not covered under or were not covered under the plan offered by the entity against which a claim form for subrogation has been filed.

Such third party payers shall reimburse for items or services to the extent that the entity would have been liable as if it had been properly billed at the point of sale, and the amount due is limited to what the entity would have paid as if it has been properly billed at the point of sale. The MO HealthNet Division shall also enforce its rights within six years of a timely submission of a claim.

Certified computerized MO HealthNet records shall be prima facie evidence of proof of moneys expended and the amount due the state. Section 208.215

This provision is identical to provisions in CCS/HCS/SCS/SBs 842, 799, & 809 (2010), CCS/SCS/HB 2226 (2010), and CCS/SCS/HB 1868 (2010).

REPEAL OF PUBLIC HOSPITAL EXEMPTION FROM THE HOSPITAL REIMBURSEMENT ALLOWANCE

This act no longer allows public hospitals which are operated primarily for the care and treatment of mental disorders to be exempted from participating in the Hospital Reimbursement Allowance. These provisions are identical SCS/SBs 842, 799, & 809 (2010). Section 208.453

These provisions are identical to CCS/HCS/SCS/SBs 842, 799, & 809 (2010).

INDEPENDENT THIRD PARTY IN-HOME AND COMMUNITY BASED ASSESSMENTS

This act allows, rather than requires, the Department of Health and Senior Services to reimburse in-home providers for nurse assessments of participants in the in-home and home and community based programs. New language is added allowing the department to contract for home and community based assessments through an independent third-party assessor.

The contracts shall include a requirement that within 15 days of receipt of a referral for service, the contractor shall have made a face to face assessment of care need and developed a plan of care and the contractor shall notify the referring entity within 5 days of receipt of referral if additional information is needed to process the referral.

The contract shall also include the same requirements for such assessments as of January 1, 2010, related to timeliness of assessments and the beginning of service.

The two nurse visits that are currently allowed under section 660.300, shall continue to be performed by home and community-based providers for, including but not limited to, reassessments and level of care recommendations. These reassessments and care plan changes shall be reviewed and approved by the independent third party assessor. In the event of dispute over the level of care required, the third party assessor shall conduct a face-to-face review with the client in question. This provision has a three-year expiration date. SECTION 208.895

This provision is identical to provisions in to CCS/HCS/SCS/SBs 842, 799, & 809 (2010) and similar to provisions in HB 1918 (2010).

TELEPHONE TRACKING SYSTEM

This act requires both personal care assistance vendors and in-home services providers to use a telephone tracking system to review and certify the accuracy of reports of delivered services and to ensure more accurate billing by July 1, 2015. The requirements of the telephone tracking system are specified in the act. In order for vendors or provider agencies to obtain an agreement with the Department of Social Services, the vendor or agency must demonstrate the ability to implement the telephone tracking system.

Personal care assistance consumers shall be responsible for approving requests through the telephone tracking system and shall provide the vendor with necessary information to complete the required paperwork for establishing the employer identification number.

DHSS in collaboration with centers for independent living must establish a telephony pilot project in an urban and a rural area. This act requires the telephony report provided to the Governor to include a minority report detailing elements not agreed upon by centers for independent living and the executive branch. Entities interested in participating in the telephony pilot project will not be required to pay the full cost of the project and can contract with a vendor of their choice. SECTIONS 208.909, 208.918, 660.023

This provision is identical to provisions in CCS/HCS/SCS/SBs 842, 799, & 809 (2010) and similar to provisions in HB 1918 (2010).

COMPLAINT CALLS FOR IN-HOME SERVICES CLIENTS

Current law provides that all in-home services clients shall be advised of their rights by the Department of Health and Senior Services, including the right to call the department to report dissatisfaction with the provider or services. This act provides that it can be by the department's designee. This act also provides that the department may contract for services relating to receiving such complaints. Section 660.300

These provisions are identical CCS/HCS/SCS/SBs 842, 799, & 809 (2010) and substantially similar to provision in HB 1918 (2010).

IN-HOME PROVIDER TAX

This act removes references to Chapter 208 (the Mo HealthNet chapter) from the sections relating to the in-home provider tax. It also extends the expiration date for the provider tax from 2011 to 2012. SECTION 660.425, 660.465

These provisions are substantially similar to CCS/HCS/SCS/SBs 842, 799, & 809 (2010).

ADRIANE CROUSE