COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1326-01
Bill No.: SB 435
Subject: Health Care; Health Care Professionals; Health Department; Hospitals
Type: Original
Date: March 17, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on Other State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 4 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
Officials from the Department of Social Services, the Office of Administration - Administrative Hearing Committee, the Office of State Courts Administrator, and the Department of Health and Senior Services assume this proposal would not fiscally impact their agencies.
Officials from Barton County Memorial Hospital assume the costs related to this proposal would be minimal if any.
Officials from Cass Medical Center, Cooper County Memorial Hospital, Excelsior Springs Medical Center, Lincoln County Memorial Hospital, Pemiscot Memorial Hospital, Phelps County Regional Medical Center, Ray County Memorial Hospital, Samaritan Memorial Hospital, and Ste. Genevieve County Memorial Hospital did not respond to our fiscal note request. Oversight assumes their costs would be minimal.
Officials from the Secretary of State Office (SOS) state this proposal creates the Disposition of Fetal Remains Act. Based on experience with other divisions, the rules, regulations and forms
issued by the Department of Health and Senior Services could require as many as 8 pages in the
ASSUMPTION (continued)
Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in Code. These costs are estimated. The estimated cost of a page in the Missouri Register is $23. The estimated cost of a page in the Code is $27. The actual cost could be more or less than the numbers given. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, rescinded or withdrawn. The
SOS estimates the cost for FY 04 only to be $492 [(8 pages x $27) + (12 pages x $23)].
Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Small businesses which are health care facilities would be affected by this proposal.
DESCRIPTION
This proposal establishes the "Disposition of Fetal Remains Act". Regardless of the duration of a pregnancy, the mother has a right to determine the final disposition of the fetal remains. Final disposition of fetal remains may be by cremation, burial, incineration in an approved medical waste incinerator, or other means authorized by the Director of the Department of Health and Senior Services. The final disposition of fetal remains does not require a religious service or ceremony.
Within twenty-four hours of a miscarriage, hospitals and other health care facilities must notify the mother in writing of her right to determine the final disposition of the remains of the fetus. ASSUMPTION (continued)
Hospitals and other health care facilities must make counseling available to the mother concerning the death of the fetus.
Any person who violates the provisions of Sections 194.375 to 194.390 will be guilty of a Class C misdemeanor. The "Disposition of Fetal Remains Act" does not prohibit a woman's ability to obtain a legal abortion.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of Administration -
Administrative Hearing Committee
Office of State Courts Administrator
Department of Health and Senior Services
Department of Social Services
Secretary of State
Barton County Memorial Hospital
NOT RESPONDING: Cass Medical Center, Cooper County Memorial Hospital, Excelsior Springs Medical Center, Lincoln County Memorial Hospital, Pemiscot Memorial Hospital, Phelps County Regional Medical Center, Ray County Memorial Hospital, Samaritan Memorial Hospital, and Ste. Genevieve County Memorial Hospital.
Mickey Wilson, CPA
Director
March 17, 2003