HB 715 -- Certificate of Need Law

Sponsor:  Ladd Baker

This bill makes numerous changes and additions to the Missouri
Certificate of Need Law.  The bill:

(1)  Adds long-term care beds in hospitals to the definition of
"health care facilities."  It removes from the definition
hospitals, health maintenance organizations, tuberculosis
hospitals, psychiatric hospitals, kidney disease treatment
centers, diagnostic imaging centers, radiation therapy centers,
and ambulatory surgical facilities and the current exclusion of
the private offices of doctors, dentists, and practitioners of
the healing arts;

(2)  Adds the Director of the Department of Social Services and
the Director of Senior Services and Regulations in the
Department of Health to the membership of the Missouri Health
Facilities Review Committee;

(3)  Removes new hospital facilities from the list of facilities
required to obtain a certificate of need when the facility
provides for something less than what was sought in the initial
application;

(4)  Moves the requirements for certificates of need for
research equipment used in clinical trials from Section 197.315,
RSMo, to a new section, Section 197.378.  The bill also removes
Section 197.366 dealing with health care facility definitions
after December 31, 2001, and Section 197.367 dealing with
limitations on licensed beds;

(5)  Adds a new section of definitions involving requirements
for certification associated with acute care facilities and
first-time services;

(6)  Sets out requirements for the Health Facilities Review
Committee in the review certification process.  The requirements
involve notification of applicants for review certification,
conducting public hearings, issuing written findings, and
specifying issues to be considered in determining whether to
grant review certification;

(7)  Requires individuals who propose the development of an
acute care service or first-time service to submit a letter of
intent to the committee and that a fee be paid for each
application for review certification;

(8)  Allows an applicant to file an appeal within 30 days of the
committee's decision and for the appeal to be heard de novo by
the Administrative Hearing Commission.  It also establishes the
venue for subsequent appeals in the circuit court of the county
where the acute care service or facility is proposed to be
developed;

(9)  Adds new provisions dealing with requirements for obtaining
review certification prior to offering services.  An individual
who proposes to develop or offer new institutional acute care
services or who proposes a first-time service is required to
obtain a review certification from the committee prior to
offering the services.  A review certification must also be
obtained when there is a proposal to add new beds to an existing
hospital.  A review certification is not transferable from the
premises and persons named in the application without the
consent of the committee.  Project cost increases in excess of
10% over the initial estimate must have the consent of the
committee.  Applicants who have been granted a review
certification are required to provide periodic reports to the
committee until the project is completed.  A review
certification is subject to forfeiture if costs equal to 10% of
the total approved cost of the project are not incurred within 6
months of the date of the order.  The applicant is allowed to
request an extension of up to 6 months to avoid forfeiture;

(10)  Prohibits state agencies from licensing acute care
facilities that are developed and required to have a review
certification if the review certification is not first obtained,
and they may not grant or appropriate funds to a facility that
has not obtained all required review certifications.  Review
certifications may not be denied because of the applicant's
refusal to provide abortion services or information.  The
transfer of ownership of an existing, operational acute care
facility does not require a review certification;

(11)  Specifies certain circumstances where review certification
is not required;

(12)  Makes certain requirements for reimbursement to facilities
that provide services to individuals who are eligible for
Medical Assistance Benefits; and

(13)  Allows the committee to promulgate rules to effectuate the
objectives of Sections 197.370 through 197.384.

Missouri House of Representatives
Last Updated September 13, 2001 at 2:03 pm