HB 2355 -- Missouri Health Facilities Review Committee

Sponsor:  Flook

This bill changes the laws regarding the Missouri Health
Facilities Review Committee for the Certificate of Need Program.
Currently, the committee is composed of two members of the
Senate, two members of the House of Representatives, and five
members appointed by the Governor.  The bill changes the
membership of the committee to:

(1)  One member who is professionally qualified in health
insurance plan sales and administration;

(2)  One member who has professionally qualified experience in
commercial development, financing, and lending;

(3)  Two members with a doctorate of philosophy in economics;

(4)  Two members who are professionally qualified as medical
doctors or doctors of osteopathy, but who are not employees of a
hospital or consultants to a hospital;

(5)  Two members who are professionally experienced in hospital
administration, but are not employed by a hospital or as
consultants to a hospital; and

(6)  One member who is a registered nurse, but who is not an
employee of a hospital or a consultant to a hospital.

All members will be appointed by the Governor with the advice and
consent of the Senate and serve a four-year term.  No more than
five members can be from the same political party.

For all hearings held by the committee, the bill:

(1)  Requires all testimony and other evidence taken during the
hearings to be under oath and subject to the penalty of perjury;

(2)  Specifies that the committee can, upon a majority vote of
the committee, subpoena witnesses and require the attendance of
witnesses, the giving of testimony, and the production of
records;

(3)  Prohibits all ex parte communications between members of the
committee and any interested party or witness regarding the
subject matter of the hearing at any time prior to, during, or
after the hearing;

(4)  Requires any party opposing the issuance of a certificate of
need to show by clear and convincing evidence that the need does
not exist or that the new facility will cause a substantial and
continuing loss of medical services within the affected region or
community;

(5)  Specifies that all committee hearings will be governed by
rules adopted by the committee but not be bound by the technical
rules of evidence; and

(6)  Authorizes the committee, upon a majority vote, to assess
the costs of court reporting transcription or the issuance of
subpoenas to one or both of the involved parties.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm