COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1511-01
Bill No.: SB 558
Subject: Health Care; Health Care Professionals; Hospitals; Medical Procedures and Personnel; Physicians
Type: Original
Date: March 26, 2001
FISCAL SUMMARY
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| None | |||
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2002 | FY 2003 | FY 2004 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses.
This fiscal note contains 3 pages.
ASSUMPTION
Officials from the Department of Insurance, the Department of Economic Development - Division of Professional Registration, the Department of Public Safety - Missouri State Highway Patrol, the Department of Conservation, the Department of Transportation, the Missouri Consolidated Health Care Plan, and the Department of Social Services assume this proposal would not fiscally impact their agencies.
| FISCAL IMPACT - State Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
| FISCAL IMPACT - Local Government | FY 2002
(10 Mo.) |
FY 2003 | FY 2004 |
| $0 | $0 | $0 |
FISCAL IMPACT - Small Business
Small businesses would expect to be fiscally impacted to the extent that they would incur additional administrative costs due to the requirements of this proposal.
DESCRIPTION
This proposal would clarify the use of non-compete clauses in contracts between physicians and hospitals. A new Section 334.113 would be created and would make covenants not to compete enforceable except when they are part of a physician's contract with a not-for-profit health
services corporation as defined in section 354.010. Covenants with other health care facilities would be enforceable as long as they: 1) Do not deny the physician access to a list of patients the physician had seen within a year of termination; 2) Provide access to patient medical records with the patient's consent and in an accessible format; 3) Provide for a buy out of the covenant by the physician at a reasonable price; and 4) Provide that the physician would not be prohibited from providing continuing treatment to specific acutely ill patients after the contract has terminated.
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 Insurance
Missouri Consolidated Health Care Plan
Department of Social Services
Department of Conservation
Department of Transportation
Department of Public Safety
Missouri State Highway Patrol
Department of Economic Development
Division of Professional Registration
Jeanne Jarrett, CPA
Director
March 26, 2001