COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 3032-01

Bill No.: SB 779

Subject: Health Care; Hospitals; Insurance - Medical; Sunshine Law

Type: Original

Date: February 8, 2002




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2003 FY 2004 FY 2005
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.

FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Social Services, the Missouri Health Facilities Review Committee, and the Missouri Consolidated Health Care Plan assume this proposal would not fiscally impact their agencies.



Officials from the Department of Mental Health (DMH) assume this proposal relates to the open records act and the access to records by certain hospitals of which the DMH does not appear to fall within the definitional boundaries. DMH states this proposal would not have any fiscal impact to DMH.



Department of Health and Senior Services (DOH) officials state upon initial review, this proposal does not appear to affect DOH. However, this proposal could potentially affect DOH's Bureau of Health Facility Regulation, which licenses city, county and district hospitals. Section 197.070 RSMo provides that DOH may deny, suspend or revoke a license when it finds substantial failure to comply with requirements established under Chapter 197, RSMo. This proposal would potentially require DOH to investigate complaints of non-compliance with the records and meetings provisions, and failure to meet the requirements of the proposed section 197.150 could result in licensure action. However, DOH believes that it could absorb these minimal costs. DOH states this legislation would not be expected to significantly impact the operations of the DOH. If the proposal were to substantially impact the DOH programs, then the DOH would request funding through the legislative process.



Officials from the Attorney General's office did not respond to our fiscal note request, but in a similar proposal from the previous session assumed this proposal would not fiscally impact their agency.



FISCAL IMPACT - State Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0



FISCAL IMPACT - Local Government FY 2003

(10 Mo.)

FY 2004 FY 2005
$0 $0 $0





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This proposal revises various provisions of the Sunshine Law relating to public hospitals. The proposal provides that the governing body of a public hospital and any related organization may close portions of records and meetings pertaining to specified matters, such as payment amounts and payment methodologies regarding contracts with health carriers, discussion of new health services, and physician contractual compensation. Any closed records shall be disclosed upon subpoena.



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 Mental Health

Department of Health and Senior Services

Department of Social Services

Missouri Consolidated Health Care Plan

Missouri Health Facilities Review Committee



Not responding: Attorney General's Office







Mickey Wilson, CPA

Acting Director

February 8, 2002