SB 82
Modifies provisions of law relating to health care facilities and certificates of need
LR Number:
Last Action:
5/17/2019 - Formal Calendar S Bills for Perfection--SB 82-Cunningham, with SCS
Journal Page:
Calendar Position:
Effective Date:
August 28, 2019

Current Bill Summary

SCS/SB 82 - This act modifies several provisions relating to health care facilities, including certificates of need (CON) for major medical equipment, CON applications, ex parte communication, and long-term care facility Medicaid per diem reimbursement rates.

CON FOR MAJOR MEDICAL EQUIPMENT (Sections 197.305 and 197.315)

This act removes the requirement to obtain a certificate of need for major medical equipment.

CON APPLICATIONS (Sections 197.315 and 197.330)

Under current law, a CON can be forfeited if no capital expenditure on an approved project is incurred within 6 months of approval. The applicant may seek an extension from the Missouri Health Facilities Review Committee. This act prohibits the granting of an extension for approved long-term care projects for which no substantial capital expenditure has been incurred within 3 years of the original approval date. Any applicant whose request for an extension is not granted under this act shall be permitted to apply for a new certificate of need.

Under current law, the Committee is required to issue a written decision on a CON application within 100 days of filing. Failure to do so shall constitute approval of and final administrative action on the application. This act removes that provision so that the Committee's failure to act within the statutory time frame to issue a decision on an application shall not constitute approval of the application.

EX PARTE COMMUNICATION (Sections 197.305 and 197.326)

Under this act, ex parte communication, defined as any communication outside of a pending CON application and within the jurisdiction of the Committee with any Committee member or staff member, shall be prohibited unless such communication is made or confirmed in writing and made part of the application.

This provision is substantially similar to provisions of SB 779 (2018).


Under this act, any intermediate care facility or skilled nursing facility participating in MO HealthNet that incurs total capital expenditures in excess of $2,000 per bed shall be entitled to obtain a recalculation of its Medicaid per diem reimbursement rate based on its additional capital costs or all costs incurred during the facility fiscal year during which such capital expenditures were made.

This act also makes technical changes to the CON statutes.

Provisions of this act are identical to SB 906 (2018) and substantially similar to SB 779 (2018) and SB 397 (2017).



No Amendments Found.