Definitions--provider certification fee required, formula--fundcreated, use of moneys--rulemaking authority.
633.410. 1. For purposes of this section, the following terms mean:
(1) "Certification fee", a fee to be paid by providers of healthbenefit services, which in the aggregate for all providers shall not exceedthe overall cost of the department of mental health's operation of itscertification programs for residential habilitation, individualizedsupported living, and day habilitation services provided to developmentallydisabled individuals;
(2) "Home and community-based waiver services for persons withdevelopmental disabilities", a department of mental health program whichadmits persons who are developmentally disabled for residentialhabilitation, individualized supported living, or day habilitation servicesunder chapter 630, RSMo;
(3) "Provider of health benefit services", publicly and privatelyoperated programs providing residential habilitation, individualizedsupported living, or day habilitation services to developmentally disabledindividuals that have been certified to meet department of mental healthcertification standards.
2. Beginning July 1, 2009, each provider of health benefit servicesaccepting payment shall pay a certification fee.
3. Each provider's fee shall be based on a formula set forth in rulesand regulations promulgated by the department of mental health.
4. The fee imposed under this section shall be determined based onthe reasonable costs incurred by the department of mental health in itsprograms of certification of providers of health benefit services.Imposition of the fee shall be contingent upon receipt of all necessaryfederal approvals under federal law and regulation to assure that thecollection of the fee will not adversely affect the receipt of federalfinancial participation in medical assistance under Title XIX of thefederal Social Security Act.
5. Fees shall be determined annually and prorated monthly by thedirector of the department of mental health or his or her designee andshall be made payable to the director of the department of revenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the fee payment owed forany month.
7. Fee payments shall be deposited in the state treasury to thecredit of the "Home and Community-Based Developmental Disabilities WaiverReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. The state treasurer shall be custodian and may approve disbursement.Notwithstanding the provisions of section 33.080, RSMo, to the contrary,any unexpended balance in the home and community-based developmentaldisabilities waiver reimbursement allowance fund at the end of the bienniumshall not revert to the general revenue fund but shall accumulate from yearto year. The state treasurer shall maintain records that show the amountof money in the fund at any time and the amount of any investment earningson that amount.
8. Every provider of residential habilitation, individualizedsupported living, and day habilitation services to developmentally disabledindividuals shall submit annually an acknowledgment of certification forthe purpose of paying its certification fee. The report shall be in suchform as may be prescribed by rule by the director of the department ofmental health.
9. The director of the department of mental health shall prescribe byrule the form and content of any document required to be filed under theprovisions of this section.
10. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying fees required underthis section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, thefee amount estimated by the director of the department of mental healthfrom any payment to be made by the state to the provider.
11. In the event a provider objects to the estimate described insubsection 10 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director of the department of mental health shall issue a finaldecision within forty-five days of the completion of the hearing. Afterreconsideration of the fee determination and a final decision by thedirector of the department of mental health, a residential habilitation,individualized supported living, and day habilitation services todevelopmentally disabled individuals provider's appeal of the director ofthe department of mental health's final decision shall be to theadministrative hearing commission in accordance with section 208.156, RSMo,and section 621.055, RSMo.
12. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the provider is located.The circuit court shall hear the matter as the court of originaljurisdiction.
13. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any provider of residentialhabilitation, individualized supported living, and day habilitationservices to developmentally disabled individuals granted by state law.
14. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.
15. The provisions of this section shall expire on September 30,2011.
Definitions--provider certification fee required, formula--fundcreated, use of moneys--rulemaking authority.
633.410. 1. For purposes of this section, the following terms mean:
(1) "Certification fee", a fee to be paid by providers of healthbenefit services, which in the aggregate for all providers shall not exceedthe overall cost of the department of mental health's operation of itscertification programs for residential habilitation, individualizedsupported living, and day habilitation services provided to developmentallydisabled individuals;
(2) "Home and community-based waiver services for persons withdevelopmental disabilities", a department of mental health program whichadmits persons who are developmentally disabled for residentialhabilitation, individualized supported living, or day habilitation servicesunder chapter 630, RSMo;
(3) "Provider of health benefit services", publicly and privatelyoperated programs providing residential habilitation, individualizedsupported living, or day habilitation services to developmentally disabledindividuals that have been certified to meet department of mental healthcertification standards.
2. Beginning July 1, 2009, each provider of health benefit servicesaccepting payment shall pay a certification fee.
3. Each provider's fee shall be based on a formula set forth in rulesand regulations promulgated by the department of mental health.
4. The fee imposed under this section shall be determined based onthe reasonable costs incurred by the department of mental health in itsprograms of certification of providers of health benefit services.Imposition of the fee shall be contingent upon receipt of all necessaryfederal approvals under federal law and regulation to assure that thecollection of the fee will not adversely affect the receipt of federalfinancial participation in medical assistance under Title XIX of thefederal Social Security Act.
5. Fees shall be determined annually and prorated monthly by thedirector of the department of mental health or his or her designee andshall be made payable to the director of the department of revenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the fee payment owed forany month.
7. Fee payments shall be deposited in the state treasury to thecredit of the "Home and Community-Based Developmental Disabilities WaiverReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. The state treasurer shall be custodian and may approve disbursement.Notwithstanding the provisions of section 33.080, RSMo, to the contrary,any unexpended balance in the home and community-based developmentaldisabilities waiver reimbursement allowance fund at the end of the bienniumshall not revert to the general revenue fund but shall accumulate from yearto year. The state treasurer shall maintain records that show the amountof money in the fund at any time and the amount of any investment earningson that amount.
8. Every provider of residential habilitation, individualizedsupported living, and day habilitation services to developmentally disabledindividuals shall submit annually an acknowledgment of certification forthe purpose of paying its certification fee. The report shall be in suchform as may be prescribed by rule by the director of the department ofmental health.
9. The director of the department of mental health shall prescribe byrule the form and content of any document required to be filed under theprovisions of this section.
10. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying fees required underthis section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, thefee amount estimated by the director of the department of mental healthfrom any payment to be made by the state to the provider.
11. In the event a provider objects to the estimate described insubsection 10 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director of the department of mental health shall issue a finaldecision within forty-five days of the completion of the hearing. Afterreconsideration of the fee determination and a final decision by thedirector of the department of mental health, a residential habilitation,individualized supported living, and day habilitation services todevelopmentally disabled individuals provider's appeal of the director ofthe department of mental health's final decision shall be to theadministrative hearing commission in accordance with section 208.156, RSMo,and section 621.055, RSMo.
12. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the provider is located.The circuit court shall hear the matter as the court of originaljurisdiction.
13. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any provider of residentialhabilitation, individualized supported living, and day habilitationservices to developmentally disabled individuals granted by state law.
14. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.
15. The provisions of this section shall expire on September 30,2011.
Definitions--provider certification fee required, formula--fundcreated, use of moneys--rulemaking authority.
633.410. 1. For purposes of this section, the following terms mean:
(1) "Certification fee", a fee to be paid by providers of healthbenefit services, which in the aggregate for all providers shall not exceedthe overall cost of the department of mental health's operation of itscertification programs for residential habilitation, individualizedsupported living, and day habilitation services provided to developmentallydisabled individuals;
(2) "Home and community-based waiver services for persons withdevelopmental disabilities", a department of mental health program whichadmits persons who are developmentally disabled for residentialhabilitation, individualized supported living, or day habilitation servicesunder chapter 630, RSMo;
(3) "Provider of health benefit services", publicly and privatelyoperated programs providing residential habilitation, individualizedsupported living, or day habilitation services to developmentally disabledindividuals that have been certified to meet department of mental healthcertification standards.
2. Beginning July 1, 2009, each provider of health benefit servicesaccepting payment shall pay a certification fee.
3. Each provider's fee shall be based on a formula set forth in rulesand regulations promulgated by the department of mental health.
4. The fee imposed under this section shall be determined based onthe reasonable costs incurred by the department of mental health in itsprograms of certification of providers of health benefit services.Imposition of the fee shall be contingent upon receipt of all necessaryfederal approvals under federal law and regulation to assure that thecollection of the fee will not adversely affect the receipt of federalfinancial participation in medical assistance under Title XIX of thefederal Social Security Act.
5. Fees shall be determined annually and prorated monthly by thedirector of the department of mental health or his or her designee andshall be made payable to the director of the department of revenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the fee payment owed forany month.
7. Fee payments shall be deposited in the state treasury to thecredit of the "Home and Community-Based Developmental Disabilities WaiverReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. The state treasurer shall be custodian and may approve disbursement.Notwithstanding the provisions of section 33.080, RSMo, to the contrary,any unexpended balance in the home and community-based developmentaldisabilities waiver reimbursement allowance fund at the end of the bienniumshall not revert to the general revenue fund but shall accumulate from yearto year. The state treasurer shall maintain records that show the amountof money in the fund at any time and the amount of any investment earningson that amount.
8. Every provider of residential habilitation, individualizedsupported living, and day habilitation services to developmentally disabledindividuals shall submit annually an acknowledgment of certification forthe purpose of paying its certification fee. The report shall be in suchform as may be prescribed by rule by the director of the department ofmental health.
9. The director of the department of mental health shall prescribe byrule the form and content of any document required to be filed under theprovisions of this section.
10. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying fees required underthis section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, thefee amount estimated by the director of the department of mental healthfrom any payment to be made by the state to the provider.
11. In the event a provider objects to the estimate described insubsection 10 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director of the department of mental health shall issue a finaldecision within forty-five days of the completion of the hearing. Afterreconsideration of the fee determination and a final decision by thedirector of the department of mental health, a residential habilitation,individualized supported living, and day habilitation services todevelopmentally disabled individuals provider's appeal of the director ofthe department of mental health's final decision shall be to theadministrative hearing commission in accordance with section 208.156, RSMo,and section 621.055, RSMo.
12. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the provider is located.The circuit court shall hear the matter as the court of originaljurisdiction.
13. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any provider of residentialhabilitation, individualized supported living, and day habilitationservices to developmentally disabled individuals granted by state law.
14. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.
15. The provisions of this section shall expire on September 30,2011.
