SCS/HS/HCS/HB 826 - This substitute modifies the duties of the Division of Aging and the certificate of need (CON)law to allow the transfer or sale of beds in certain situations.

Section 197.305, which included definitions, is removed from the bill. In section 197.317, the CON moratorium is extended to July 1, 2001 and the construction start date is extended to July 1, 2002.

In section 197.318, the provision regarding service area need is removed. The expenditure minimum termination date is extended to 2001. The number of years during which a facility is prohibited from expanding after a bed transfer is reduced from five to three. In addition, CON provisions have been changed to apply to long term health care facilities licensed under chapter 198. Finally, language has been added allowing facilities to apply for a change of licensure category for up to ten percent of its beds, as long as those beds meet all licensure requirements for that category.

Section 198.073 adds the facility to the group of family members, legal representatives, and the resident's physician who may decide if the facility can accommodate the resident.

Section 1 removes the language allowing the Division to provide investigation results to all parties to the complaint, facility residents, or family members. Instead, it states the Division shall provide results of the investigation in accordance with section 660.320.

Section 5 removes language allowing only 30 beds per Alzheimer's pilot project. Section 12 has been removed, which exempted a nursing facility in Lee's Summit, MO. from CON. In addition, Section 13 has been removed, which allowed facilities to choose the circuit court in which they proceed with an appeal, rather than be limited to Cole county.

This substitute is substantially similar to SB 339 and CCS/HS/SB 326 (1999).
ERIN MOTLEY