SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
93RD GENERAL ASSEMBLY
Reported from the Committee on Special Committee on Healthcare Facilities March 9,, 2006 with recommendation that House Committee Substitute for House Bill No.1080 Do Pass. Referred to the Committee on Rules pursuant to Rule 25(26)(f).
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 197, RSMo, by adding thereto one new section relating to ambulatory surgical centers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 197, RSMo, is amended by adding thereto one new section, to be known as section 197.715, to read as follows:
197.715. 1. As used in this section, the following terms shall mean:
(1) "Ambulatory surgical center", the same meaning as such term is defined in section 197.200, RSMo;
(2) "Hospital governing body", the individual owner or owners, partnership, corporate entity, limited liability company, association or public agency, including any applicable legally designated governing body of such entities, having legal responsibility for the operation of the hospital under sections 197.010 to 197.120;
(3) "Medical staff", physicians, dentists, or podiatrists who are licensed to practice in Missouri and authorized to provide health care treatment services at the pertinent hospital by virtue of meeting the conditions established by hospital or medical staff bylaws or policies;
(4) "Same community":
(a) In a metropolitan area, hospitals in the same emergency medical services catchment area as the hospital closest to the ambulatory surgical center, with the emergency services catchment area defined in the department of health and senior services emergency services diversion plan for such area; or
(b) In a county not located in a metropolitan statistical area and containing a hospital, the boundaries of such county; except that, a hospital in an adjacent county may be considered to be in the same community if the distance by road is no greater than the distance between the ambulatory surgical center and a hospital in the same county as the ambulatory surgical center; or
(c) In a county not located in a metropolitan statistical area and not containing a hospital, a county adjacent to the county in which the ambulatory surgical center is located;
(5) "Specialty hospital", a hospital as defined in section 197.020, which also meets:
(a) The definition set forth in 42 U.S.C. Section 1395nn(h)(7)(a); or
(b) In the event that the federal statute described in paragraph (a) of this subdivision is repealed or expires, a comparable definition promulgated by rule of the department of health and senior services, or its successor agency.
2. No hospital governing body shall refuse or fail to grant or renew staff privileges, or condition staff privileges based on the fact that a physician, dentist, or podiatrist, or a partner, associate, spouse, or employee of such physician, dentist, or podiatrist is providing medical or health care services at or has an ownership or other financial interest in another hospital, excluding a specialty hospital located in Missouri, or a competing ambulatory surgical center; provided that, in the interest of patient safety, physicians, dentists, or podiatrists who perform procedures in such ambulatory surgical center that competes with a hospital shall:
(1) Maintain staff privileges at a hospital in the same community where the ambulatory surgical center is located;
(2) Be responsible for admitting their patients to the hospital;
(3) Serve on the hospital's on-call roster on the same basis as other credentialed practitioners in similar specialties who are required to provide on-call services at the hospital. Such requirement may be satisfied without the practitioner being personally available to be on call if such practitioner makes written arrangements for another credentialed practitioner of the same specialty to meet the on-call requirements of the hospital in his or her stead.
Nothing in this subsection shall preclude the hospital from otherwise implementing its credentialing and privileging criteria and procedures.
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