To repeal sections 199.010 and 199.250, RSMo 1994, relating to the Missouri rehabilitation center, and to enact in lieu thereof nine new sections relating to the same subject, with an emergency clause.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 199.010 and 199.250, RSMo 1994, are repealed and nine new sections enacted in lieu thereof to be known as sections 172.850, 172.852, 172.854, 172.856, 172.858, 172.860, 172.862, 199.010 and 199.250, to read as follows:

172.850. The Missouri rehabilitation center may be transferred to the curators of the university of Missouri from the department of health by agreement between the state department of health and the board of curators.

172.852. 1. All property, real, personal and mixed, of the division of injury prevention, head injury rehabilitation and local health services of the department of health may be transferred to the curators of the university of Missouri by agreement between the state department of health and the board of curators. If the conveyance of land, the title of which is vested in the governor, is required, the governor is specifically empowered to execute necessary instruments of conveyance without further legislative enactment.

2. The control of all unexpended appropriations made for the division of injury prevention, head injury rehabilitation and local health services of the department of health is transferred to the curators of the university of Missouri and the curators shall expend those on behalf of the division in accordance with those appropriations.

3. The curators of the university of Missouri are authorized to accept gifts, grants or other transfers of property of any sort on behalf of the division.

172.854. 1. Upon agreement of the curators of the university of Missouri and the department of health, all employees of the center shall become employees of the curators of the university on the effective date of this act. All employees so transferred shall be subject to the personnel policies of the university of Missouri and shall be given credit for any unused sick leave and vacation time, but beginning on the effective date of this act shall earn sick leave and vacation time in accordance with university rules. The curators of the university of Missouri shall, at the option of the employee, if benefit eligible under university policies, enroll a transferred employee in the university's benefit program, including retirement, health, life insurance, long-term disability and accidental death and dismemberment on that date, or shall provide for a transferred employee to continue participation in the state employees' benefit programs provided that any employee who desires to continue participation in the state employees' benefit program shall elect in writing to continue such participation within ninety days of the date the employee is notified by the curators of the agreement to transfer the rehabilitation center. Any transferred employee who fails to make such election shall be deemed to have elected to be enrolled in the university's benefit program. For a rehabilitation center employee to transfer to the university's benefits programs without showing evidence of good health, the employee must be currently enrolled in like benefits programs of the state of Missouri, unless none exists. Those employees transferring to the university's benefits programs shall receive credit for service accrued under the retirement program of the rehabilitation center.

2. The curators of the university of Missouri will be reimbursed for all liabilities attendant to the transfer of employees to its benefits programs. In particular, but not exclusively limited thereto, the board of trustees of the state employees' retirement system shall reimburse the curators of the university of Missouri for the actuarial value of the service being transferred from the Missouri state employees' retirement system, the amount of which is calculated by the ratio of the actuarial accrued liability of each member who transfers from MOSERS to the university of Missouri retirement system to the total actuarial accrued liability for the Missouri state employees' retirement system as a whole, and applying that ratio to total Missouri state employees' retirement system pension trust assets.

172.856. After the effective date of this act, the curators shall define and assign powers, duties and responsibilities for all rehabilitation center employees. Rehabilitation center employees shall be included in all benefit programs normally available to employees of the university except as provided in section 172.854, RSMo. All employees of the rehabilitation center shall be subject to the usual university employment practices including those disciplinary and appeal procedures which are available to university employees who have been terminated, suspended, transferred or otherwise disciplined.

172.858. The general assembly shall appropriate, as a separate line item appropriation, to the curators of the university of Missouri for the rehabilitation center, out of the state treasury from general revenue such sums of money as are deemed necessary to maintain, operate, repair and improve the Missouri rehabilitation center. State funds shall be appropriated to the center from general revenue for the payment of treatment and care of those persons who cannot pay for such services, and for capital improvements for center property including repairs, maintenance, preventive maintenance and renovation, for the design and planning of maintenance, preventive maintenance and renovation projects and for such other purposes as the general assembly may deem appropriate.

172.860. The rehabilitation center fund and the institutional gift trust fund are transferred to the control and management of the curators of the university of Missouri. The curators shall assume control of the institutional gift trust fund, and shall continue to hold that as a separate fund to be expended in support of the rehabilitation center.

172.862. The Missouri rehabilitation center shall not refuse to provide services to any state resident regardless of race, religion, creed, color, national origin, sex or ability to pay. The ability of a patient to pay shall be measured by a standard means test and each patient shall be required to pay for services rendered according to his ability. The Missouri rehabilitation center may provide services to nonresidents but may do so only for those persons who agree to pay the charges for such services.

199.010. The [division of injury prevention, head injury rehabilitation and local health services of the department of health] curators of the university of Missouri shall operate the "Missouri Rehabilitation Center" in the city of Mt. Vernon, Missouri. The center shall be operated for the care of persons needing head injury and other rehabilitation as determined by the director of the department of health subject to appropriation by the general assembly. The center shall be operated in accordance with standards of accreditation required by the joint commission on accreditation of hospitals and for licensure by the department of health.

199.250. 1. The [department of health] curators of the university of Missouri shall provide such facilities at the Missouri rehabilitation center as are necessary to carry out the provisions of sections 199.001 to 199.055 and sections 199.170 to 199.270 and may employ personnel as is necessary for the operation of such facilities.

2. The expenses incurred in the care, maintenance, rehabilitation, and treatment of patients admitted to the Missouri rehabilitation center under provisions of sections 199.001 to 199.055 and sections 199.170 to 199.270 shall be paid from state or federal or other funds appropriated for the maintenance and operation of the Missouri rehabilitation center.

Section B. Because of the necessity for the efficient transfer of operation of the rehabilitation center, this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect on July 1, 1996, or upon final passage and approval, whichever later occurs.