COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 2727-08
Bill No.: Truly Agreed to and Finally Passed HCS for SCS for SB 799
Subject: Health Care; Health Department; Hospitals; Medical Procedures and Personnel; Vital Statistics
Type: Original
Date: May 21, 2004
FISCAL SUMMARY
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 5 pages.
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2005 | FY 2006 | FY 2007 |
| Local Government | $0 | $0 | $0 |
ASSUMPTION
In a similar proposal, officials from the Department of Social Services, the Office of Administration - Administrative Hearing Committee, the Office of State Courts Administrator, the Office of Prosecution Services, the State Public Defender, the Department of Economic Development - Division of Professional Registration, and the Department of Health and Senior Services assume this proposal would not fiscally impact their agencies.
In a similar proposal, officials from Barton County Memorial Hospital stated costs would be minimal. Oversight assumes the costs to other county hospitals would be minimal.
In a similar proposal, 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 6 pages in the 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 ASSUMPTION (continued)
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of this legislation in future years is unknown and depends upon the frequency and length of rules filed, amended, rescinded or withdrawn.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 05 only to be $369.
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 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2005
(10 Mo.) |
FY 2006 | FY 2007 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Small businesses which are health care facilities would be affected by this proposal.
DESCRIPTION
In the event of a spontaneous fetal death, this proposal authorizes the parents or a sibling of the stillborn child to file an application with the State Registrar for a Certificate of Birth Resulting in Stillbirth.
This proposal establishes the Disposition of Fetal Remains Act. The proposal:
(1) Requires that the mother of a dead human fetus determine the final disposition of the remains of the fetus in every instance of fetal death. The mother is allowed to choose any means of final disposition authorized by law or by the Director of the Department of Health and Senior Services;
DESCRIPTION (continued)
(2) Authorizes the final disposition of human fetal remains by cremation, burial, incineration in an approved medical waste incinerator, or other means approved by the director. The disposition must be consistent with state law or administrative rules. If the disposition occurs by
incineration, the remains must be incinerated separately from medical waste;
(3) Does not require a religious service or ceremony to be held;
(4) Requires licensed hospitals and other licensed health care facilities to adopt written standards for the disposition of human fetal remains. Licensed health care facilities are required to provide the mother a copy of their written standards;
(5) Requires licensed hospitals or other licensed health care facilities to notify the mother within a 24-hour period of her right to determine the final disposition and the methods of final disposition of the fetal remains. The 24-hour notification is required if a miscarriage occurs at the facility; and
(6) Requires the licensed health care facility to provide on-site counseling services to the mother or refer the mother to an appropriate provider of counseling services concerning the death of the fetus.
The proposal 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
Department of Health and Senior Services
Office of Administration -
Administrative Hearing Committee
Office of State Courts Administrator
Department of Social Services
Secretary of State
Barton County Memorial Hospital
Department of Economic Development -
Division of Professional Registration
Office of Prosecution Services
State Public Defender
Mickey Wilson, CPA
Director
May 21, 2004