208.975. 1. There is hereby created in the state treasury the"Health Care Technology Fund" which shall consist of all gifts, donations,transfers, and moneys appropriated by the general assembly, and bequests tothe fund. The state treasurer shall be custodian of the fund and mayapprove disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. The fund shall be administered by the department of socialservices in accordance with the recommendations of the MO HealthNetoversight committee unless otherwise specified by the general assembly.Moneys in the fund shall be distributed in accordance with specificappropriation by the general assembly. The director of the department ofsocial services shall submit his or her recommendations for thedisbursement of the funds to the governor and the general assembly.
2. Subject to the recommendations of the MO HealthNet oversightcommittee under section 208.978 and subsection 1 of this section, moneys inthe fund shall be used to promote technological advances to improve patientcare, decrease administrative burdens, increase access to timely services,and increase patient and health care provider satisfaction. Such programsor improvements on technology shall include encouragement andimplementation of technologies intended to improve the safety, quality, andcosts of health care services in the state, including but not limited tothe following:
(1) Electronic medical records;
(2) Community health records;
(3) Personal health records;
(4) E-prescribing;
(5) Telemedicine;
(6) Telemonitoring; and
(7) Electronic access for participants and providers to obtain MOHealthNet service authorizations.
3. Prior to any moneys being appropriated or expended from the healthcare technology fund for the programs or improvements listed in subsection2 of this section, there shall be competitive requests for proposalsconsistent with state procurement policies of chapter 34, RSMo. After suchprocess is completed, the provisions of subsection 1 of this sectionrelating to the administration of fund moneys shall be effective.
4. For purposes of this section, "elected public official or anystate employee" means a person who holds an elected public office in amunicipality, a county government, a state government, or the federalgovernment, or any state employee, and the spouse of either such person,and any relative within one degree of consanguinity or affinity of eithersuch person.
5. Any amounts appropriated or expended from the health caretechnology fund in violation of this section shall be remitted by the payeeto the fund with interest paid at the rate of one percent per month. Theattorney general is authorized to take all necessary action to enforce theprovisions of this section, including but not limited to obtaining an orderfor injunction from a court of competent jurisdiction to stop payments frombeing made from the fund in violation of this section.
6. Any business or corporation which receives moneys expended fromthe health care technology fund in excess of five hundred thousand dollarsin exchange for products or services and, during a period of two yearsfollowing receipt of such funds, employs or contracts with any current orformer elected public official or any state employee who had any directdecision-making or administrative authority over the awarding of healthcare technology fund contracts or the disbursement of moneys from the fundshall be subject to the provisions contained within subsection 5 of thissection. Employment of or contracts with any current or former electedpublic official or any state employee which commenced prior to May 1, 2007,shall be exempt from these provisions.
7. Any moneys remaining in the fund at the end of the biennium shallrevert to the credit of the general revenue fund, except for moneys thatwere gifts, donations, or bequests.
8. The state treasurer shall invest moneys in the fund in the samemanner as other funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
9. The MO HealthNet division shall promulgate rules setting forth theprocedures and methods implementing the provisions of this section andestablish criteria for the disbursement of funds under this section toinclude but not be limited to grants to community health networks thatprovide the majority of care provided to MO HealthNet and low-incomeuninsured individuals in the community, and preference for health careentities where the majority of the patients and clients served are eitherparticipants of MO HealthNet or are from the medically underservedpopulation. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.
208.975. 1. There is hereby created in the state treasury the"Health Care Technology Fund" which shall consist of all gifts, donations,transfers, and moneys appropriated by the general assembly, and bequests tothe fund. The state treasurer shall be custodian of the fund and mayapprove disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. The fund shall be administered by the department of socialservices in accordance with the recommendations of the MO HealthNetoversight committee unless otherwise specified by the general assembly.Moneys in the fund shall be distributed in accordance with specificappropriation by the general assembly. The director of the department ofsocial services shall submit his or her recommendations for thedisbursement of the funds to the governor and the general assembly.
2. Subject to the recommendations of the MO HealthNet oversightcommittee under section 208.978 and subsection 1 of this section, moneys inthe fund shall be used to promote technological advances to improve patientcare, decrease administrative burdens, increase access to timely services,and increase patient and health care provider satisfaction. Such programsor improvements on technology shall include encouragement andimplementation of technologies intended to improve the safety, quality, andcosts of health care services in the state, including but not limited tothe following:
(1) Electronic medical records;
(2) Community health records;
(3) Personal health records;
(4) E-prescribing;
(5) Telemedicine;
(6) Telemonitoring; and
(7) Electronic access for participants and providers to obtain MOHealthNet service authorizations.
3. Prior to any moneys being appropriated or expended from the healthcare technology fund for the programs or improvements listed in subsection2 of this section, there shall be competitive requests for proposalsconsistent with state procurement policies of chapter 34, RSMo. After suchprocess is completed, the provisions of subsection 1 of this sectionrelating to the administration of fund moneys shall be effective.
4. For purposes of this section, "elected public official or anystate employee" means a person who holds an elected public office in amunicipality, a county government, a state government, or the federalgovernment, or any state employee, and the spouse of either such person,and any relative within one degree of consanguinity or affinity of eithersuch person.
5. Any amounts appropriated or expended from the health caretechnology fund in violation of this section shall be remitted by the payeeto the fund with interest paid at the rate of one percent per month. Theattorney general is authorized to take all necessary action to enforce theprovisions of this section, including but not limited to obtaining an orderfor injunction from a court of competent jurisdiction to stop payments frombeing made from the fund in violation of this section.
6. Any business or corporation which receives moneys expended fromthe health care technology fund in excess of five hundred thousand dollarsin exchange for products or services and, during a period of two yearsfollowing receipt of such funds, employs or contracts with any current orformer elected public official or any state employee who had any directdecision-making or administrative authority over the awarding of healthcare technology fund contracts or the disbursement of moneys from the fundshall be subject to the provisions contained within subsection 5 of thissection. Employment of or contracts with any current or former electedpublic official or any state employee which commenced prior to May 1, 2007,shall be exempt from these provisions.
7. Any moneys remaining in the fund at the end of the biennium shallrevert to the credit of the general revenue fund, except for moneys thatwere gifts, donations, or bequests.
8. The state treasurer shall invest moneys in the fund in the samemanner as other funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
9. The MO HealthNet division shall promulgate rules setting forth theprocedures and methods implementing the provisions of this section andestablish criteria for the disbursement of funds under this section toinclude but not be limited to grants to community health networks thatprovide the majority of care provided to MO HealthNet and low-incomeuninsured individuals in the community, and preference for health careentities where the majority of the patients and clients served are eitherparticipants of MO HealthNet or are from the medically underservedpopulation. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.
208.975. 1. There is hereby created in the state treasury the"Health Care Technology Fund" which shall consist of all gifts, donations,transfers, and moneys appropriated by the general assembly, and bequests tothe fund. The state treasurer shall be custodian of the fund and mayapprove disbursements from the fund in accordance with sections 30.170 and30.180, RSMo. The fund shall be administered by the department of socialservices in accordance with the recommendations of the MO HealthNetoversight committee unless otherwise specified by the general assembly.Moneys in the fund shall be distributed in accordance with specificappropriation by the general assembly. The director of the department ofsocial services shall submit his or her recommendations for thedisbursement of the funds to the governor and the general assembly.
2. Subject to the recommendations of the MO HealthNet oversightcommittee under section 208.978 and subsection 1 of this section, moneys inthe fund shall be used to promote technological advances to improve patientcare, decrease administrative burdens, increase access to timely services,and increase patient and health care provider satisfaction. Such programsor improvements on technology shall include encouragement andimplementation of technologies intended to improve the safety, quality, andcosts of health care services in the state, including but not limited tothe following:
(1) Electronic medical records;
(2) Community health records;
(3) Personal health records;
(4) E-prescribing;
(5) Telemedicine;
(6) Telemonitoring; and
(7) Electronic access for participants and providers to obtain MOHealthNet service authorizations.
3. Prior to any moneys being appropriated or expended from the healthcare technology fund for the programs or improvements listed in subsection2 of this section, there shall be competitive requests for proposalsconsistent with state procurement policies of chapter 34, RSMo. After suchprocess is completed, the provisions of subsection 1 of this sectionrelating to the administration of fund moneys shall be effective.
4. For purposes of this section, "elected public official or anystate employee" means a person who holds an elected public office in amunicipality, a county government, a state government, or the federalgovernment, or any state employee, and the spouse of either such person,and any relative within one degree of consanguinity or affinity of eithersuch person.
5. Any amounts appropriated or expended from the health caretechnology fund in violation of this section shall be remitted by the payeeto the fund with interest paid at the rate of one percent per month. Theattorney general is authorized to take all necessary action to enforce theprovisions of this section, including but not limited to obtaining an orderfor injunction from a court of competent jurisdiction to stop payments frombeing made from the fund in violation of this section.
6. Any business or corporation which receives moneys expended fromthe health care technology fund in excess of five hundred thousand dollarsin exchange for products or services and, during a period of two yearsfollowing receipt of such funds, employs or contracts with any current orformer elected public official or any state employee who had any directdecision-making or administrative authority over the awarding of healthcare technology fund contracts or the disbursement of moneys from the fundshall be subject to the provisions contained within subsection 5 of thissection. Employment of or contracts with any current or former electedpublic official or any state employee which commenced prior to May 1, 2007,shall be exempt from these provisions.
7. Any moneys remaining in the fund at the end of the biennium shallrevert to the credit of the general revenue fund, except for moneys thatwere gifts, donations, or bequests.
8. The state treasurer shall invest moneys in the fund in the samemanner as other funds are invested. Any interest and moneys earned on suchinvestments shall be credited to the fund.
9. The MO HealthNet division shall promulgate rules setting forth theprocedures and methods implementing the provisions of this section andestablish criteria for the disbursement of funds under this section toinclude but not be limited to grants to community health networks thatprovide the majority of care provided to MO HealthNet and low-incomeuninsured individuals in the community, and preference for health careentities where the majority of the patients and clients served are eitherparticipants of MO HealthNet or are from the medically underservedpopulation. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2007, shall beinvalid and void.
