CCS/SCS/HB 1868 - This act modifies provisions relating to duties of agencies and officials operating within the executive branch.STATE RECORDS COMMISSION
The act removes the Director of the Forms Management Unit from being a voting member of the State Records Commission and replaces the director with the Commissioner of the Office of Administration, or his or her authorized representative.
DOME KEY
The commissioner of the Office of Administration shall provide each senator and representative with a key that accesses the dome of the state capitol. The President Pro Tem of the Senate and the Speaker of the House of Representatives shall be responsible for providing a training program for the members and staff of the General Assembly regarding access to secured areas of the capitol building.
This provision is similar to SB 600 (2010) and a provision in CCS/HCS/SB 844 (2010).
WATER PATROL
Effective January 1, 2011, the act transfers all powers, duties and functions of the State Water Patrol to the newly created Division of Water Patrol within the State Highway Patrol. The superintendent of the Highway Patrol shall appoint a director of the Division of Water Patrol and may assign highway patrol members to serve in the division on a permanent or temporary basis. Current employees of the state Water Patrol who are transferred to the newly created division shall not become members of the Highways and Transportation Employees' and Highway Patrol Retirement System unless they elect to transfer membership. The act increases the number of captains, lieutenants, and officers that the superintendent of the Highway Patrol may appoint. The county sheriff shall participate in serving a search warrant requested by the water patrol division, except for offenses related to boating while intoxicated or investigation of vessel accidents.
These provisions are similar to SS/SB 1057 (2010).
PERSONNEL ADVISORY BOARD
This act transfers the hearing of all merit system employee appeals from the Personnel Advisory Board to the Administrative Hearing Commission (AHC) and increases the number of administrative hearing commissioners from three to five. The act also shortens the time period for filing an appeal with the AHC from 30 to 15 days for persons who have taken an exam for a merit system job and felt they were dealt with unfairly and persons who were removed from the merit system job registry.
These provisions are similar to SS/SB 1057 (2010).
STATEWIDE ELECTED OFFICIAL CONTRACTS
Statewide elected officials may request the Office of Administration to determine the lowest and best bidder with respect to purchasing, printing, and services expenditures for which the official has the authority to contract. Upon such request, the Office of Administration shall have 45 days to respond by naming the lowest and best bid.
This provision is identical to SB 844 (2010).
OFFICE OF ADMINISTRATION BIDDING
In any contract for purchases not subject to competitive bid processes, the Office of Administration shall not prevent any department, office, board, commission, bureau, institution, political subdivision, or any other agency of the state from purchasing supplies from an authorized General Services Administration vendor.
JOINT COMMITTEE ON THE REDUCTION AND REORGANIZATION OF PROGRAMS WITHIN STATE GOVERNMENT
The act creates the Joint Committee on the Reduction and Reorganization of Programs within State Government. The committee shall be composed of members of the general assembly, the commissioner of the office of administration, a representative of the governor's office, and a member of the supreme court. The committee shall study programs within every department that should be eliminated, reduced or combined with another program or programs. The committee shall issue a report to the general assembly by December 31, 2010.
The provisions of this section contain an emergency clause and shall expire on January 1, 2011.
This provision is similar to SB 1065 (2010).
OVERSIGHT DIVISION OF COMMITTEE ON LEGISLATIVE RESEARCH
Every employee of the Oversight Division of the Committee on Legislative Research is required to take an oath to support the Missouri Constitution, to faithfully demean himself or herself in office, to not disclose confidential information, and to not accept any gifts or emoluments for discharging their official duties, other than their official compensation. Any employee who violates this act is guilty of a Class a misdemeanor.
This provision is identical to SB 458 (2009).
INFORMATION TECHNOLOGY PURCHASES
State departments may purchase information technology products and services of less than $75,000 if the length of the contract is less than twelve months, the department complies with certain informal methods of procurement, and certain notice requirements are met.
MO HEALTHNET THIRD PARTY PAYERS/SUBROGATION
Under this act any third party payer, such as third party administrators, administrative service organizations, health benefit plans and pharmacy benefits managers, shall process and pay all properly submitted MO HealthNet subrogation claims using standard electronic transactions or paper claims forms for a period of three years from the date services were provided or rendered. However, such third party payers shall not:
(1) Be required to reimburse for items or services which are not covered under MO HealthNet;
(2) Deny a claim submitted by the state solely on the basis of the date of submission of the claim, the type or format of the claim form, failure to present proper documentation of coverage at the point of sale, or failure to obtain prior authorization;
(3) Be required to reimburse for items or services for which a claim was previously submitted to the third party payer by the health care provider or the participant and the claim was properly denied by the third party payer for procedural reasons, except for timely filing, type or format failure to present proper documentation of coverage at the point of sale, or failure to obtain prior authorization;
(4) Be required to reimburse for items or services which are not covered under or were not covered under the plan offered by the entity against which a claim form for subrogation has been filed.
Such third party payers shall reimburse for items or services to the extent that the entity would have been liable as if it had been properly billed at the point of sale, and the amount due is limited to what the entity would have paid as if it has been properly billed at the point of sale. The MO HealthNet Division shall also enforce its rights within six years of a timely submission of a claim.
Certified computerized MO HealthNet records shall be prima facie evidence of proof of moneys expended and the amount due the state.
This provision is identical to provisions in CCS/HCS/SS/SCS/SB 1007 (2010), CCS/SCS/HB 2226 (2010), and substantially similar to SB 799 (2010), SB 809 (2010) and SB 552 (2009). This provision is also contained in the truly agreed to version of SB 583 (2010).
DEPARTMENT OF MENTAL HEALTH CONTRACTS
The Department of Mental Health shall cooperate and may directly contract with all state agencies, local units of government, any of the governor's advisory councils or commissions and with the Missouri Mental Health Foundation in the delivery of programs designed to improve public understanding of attitudes toward mental disorders, developmental disabilities, and alcohol and drug abuse.
This provision is similar to SB 1065 (2010).
JIM ERTLE