S2371.03T

To repeal sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, relating to the Missouri rehabilitation center, and to enact in lieu thereof twenty new sections relating to the same subject, with a contingent termination date for certain sections and an emergency clause.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 31.040, 192.010, 199.010, 199.020, 199.025, 199.037, 199.210, 199.230, 199.240, 199.250, and 199.260, RSMo 1994, and sections 31.010 and 199.029, RSMo Supp. 1995, are repealed and twenty new sections enacted in lieu thereof to be known as sections 31.010, 31.040, 172.850, 172.852, 172.854, 172.856, 172.858, 172.859, 172.860, 192.010, 199.010, 199.020, 199.025, 199.029, 199.037, 199.210, 199.230, 199.240, 199.250 and 199.260, to read as follows:

31.010. 1. There are hereby established and created in the treasury department of this state the following named funds: Missouri Veterans Home , Missouri State Chest Hospital , Truman State University , Northwest Missouri State University , Central Missouri State University , Southeast Missouri State University , Southwest Missouri State University , and Lincoln University .

2. Upon transfer of funds from the Missouri state chest hospital fund to the board of curators of the University of Missouri pursuant to section 172.860, RSMo, the Missouri state chest hospital fund shall be abolished.

31.040. The business manager, under the direction of the superintendent of each of the state hospitals, mental health centers[,] and the state school [and the Missouri rehabilitation center] shall furnish to the department of health or the department of mental health, as appropriate, statements of amounts due to the institution from the various counties, municipalities, guardians, trustees or persons, in accordance with rules and regulations established by the department of health or the department of mental health, as appropriate. The department of health or the department of mental health, as appropriate, shall notify the proper authority or person in advance when any installment for the support of an inmate in any of the institutions is due. All moneys arising from the sale of livestock, produce, or other commodities produced by the institution and from the sale of any other property shall be deposited in the state treasury to the credit of the general revenue fund. State fiscal reports shall show separately the amount received from each institution.

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. It is the intent of the general assembly that the University of Missouri shall continue to carry out the functions of the center consistent with statutory purposes as set forth in sections 199.010 to 199.270, RSMo, with such reservation as may be specified by the parties pertaining to the department s continuing control of the tuberculosis testing laboratory.

172.852. 1. All property, real, personal, tangible or intangible, of the Missouri rehabilitation center 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, who may execute such documents as may be necessary to effectuate such conveyances. 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. The curators of the University of Missouri shall have the power to sell any land transferred to it pursuant to this section, the proceeds of which shall be held and used not inconsistent with the provisions of section 172.850.

2. The control of all unexpended appropriations made for the support of the Missouri rehabilitation center of the department of health, except such portion as may be retained by the department of health for the continued support of the tuberculosis testing laboratory, is transferred to the curators of the University of Missouri, and the curators of the University of Missouri shall expend those on behalf of the rehabilitation center.

3. All unexpended transferrable trust funds, endowment funds, pledges, special funds and general funds held by the department of health for the support of the Missouri rehabilitation center may, unless otherwise prohibited by law and with such reservation as the parties may agree for the support of the tuberculosis testing laboratory, be transferred by the department of health to the curators of the University of Missouri, and the curators of the University of Missouri shall expend such funds consistent with the provisions of section 172.850.

172.854. 1. Upon agreement of the curators of the University of Missouri and the department of health, all employees of the Missouri rehabilitation center except those employees reserved by the department for the support of the tuberculosis testing laboratory shall become employees of the curators of the University of Missouri on the effective date of that agreement. All employees so transferred shall be subject to the personnel policies of the University of Missouri, shall be given credit for any unused sick leave and vacation time and, beginning on the effective date of the agreement, 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 the employee is eligible for such benefits 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 shall 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 the Missouri state employees retirement system to the University of Missouri retirement system pursuant to this section 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 the agreement between the curators of the University of Missouri and the department of health, 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. All employees of the rehabilitation center shall be subject to the usual university employment and compensation practices including those disciplinary and appeal procedures which are available to university employees who have been terminated, suspended, transferred or otherwise disciplined.

172.858. State funds shall be appropriated to the curators of the University of Missouri from general revenue for the payment of treatment and care of those persons who cannot pay for services provided by the rehabilitation center, and for capital improvements for the rehabilitation 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.

172.859. The curators of the University of Missouri, in providing the services of the rehabilitation center, shall not refuse to provide services to any state resident regardless of race, religion, creed, color, national origin, sex, handicap, age or ability to pay.

172.860. Any funds remaining in the Missouri state chest hospital fund and any funds remaining in any other fund designated for the Missouri rehabilitation center in the treasury of this state on the effective date of the transfer of the Missouri rehabilitation center to the board of curators of the University of Missouri, except for that portion as may be retained by the department of health for the continued support of the tuberculosis laboratory, upon notice to the director of revenue that an agreement has been executed which transfers the Missouri rehabilitation center from the department of health to the board of curators of the University of Missouri, shall be transferred to the control and management of the curators of the University of Missouri, to be held and expended by the curators consistent with the provisions of section 172.850.

192.010. 1. The department of health shall have such duties and powers as are assigned by law. The department of health shall also have control and administration over the Missouri rehabilitation center at Mt. Vernon as provided by law. The department of health shall also have such jurisdiction over the accounts of city and county tuberculosis hospitals as is imposed by law. The cancer commission of the state of Missouri is hereby assigned to the department of health.

2. This section shall terminate thirty days following the date notice is provided to the revisor of statutes that an agreement has been executed which transfers the Missouri rehabilitation center from the department of health to the board of curators of the University of Missouri.

199.010. [The division of injury prevention, head injury rehabilitation and local health services of the department of health 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.] The curators of the University of Missouri shall provide for the care of persons needing head injury and other rehabilitation and further, for the treatment and commitment of persons having tuberculosis subject to appropriation by the general assembly.

199.020. 1. The following officers and their families shall, with the permission of the department of health, reside on the premises or other property of the center: Center director, assistant director, physicians, and other personnel required for the center s operation as recommended by the center s director. Personnel residing at the center shall pay a monthly rental determined annually at the lower of cost or fair market value; except that the center director, with the approval of the director of the department of health, may establish a lower rate as required to fill the center s personnel needs.

2. This section shall terminate thirty days following the date notice is provided to the revisor of statutes that an agreement has been executed which transfers the Missouri rehabilitation center from the department of health to the board of curators of the University of Missouri.

199.025. 1. Employees of the Missouri rehabilitation center may organize and file with the secretary of state an application as a not for profit corporation for the purpose of establishing a child day care center. The corporation so formed may enter into an agreement with the commissioner of administration for the lease of appropriate space at the rehabilitation center for use as the child day care center. The space at the center may be made available to the corporation at a rate to be established by the commissioner of administration.

2. The corporation may provide child day care at the Missouri rehabilitation center. The child day care center established by the corporation shall be licensed under the provisions of sections 210.201 to 210.245, RSMo. The operation of the day care center shall be paid for by fees or charges, established by the corporation, and collected from those who use its services. The corporation may receive any private donations or grants from agencies of the federal government intended for the support of the child day care center.

3. This section shall terminate thirty days following the date notice is provided to the revisor of statutes that an agreement has been executed which transfers the Missouri rehabilitation center from the department of health to the board of curators of the University of Missouri.

199.029. 1. The division shall promulgate rules under the provisions of this section and chapter 536, RSMo, as necessary to prescribe policies or standards which affect charging and funding of residential care rehabilitation programs and specialized services for persons with head injuries available to the public. The rules applicable to each facility, program or service operated or funded by the division shall be available for public inspection and review at such facility, program or service. These rules shall not apply to facilities, programs or services operated or provided by curators of the University of Missouri.

2. The rules, operating regulations and facility policies shall be compatible with and appropriate to the facility or program mission, population served, size, type of service and other reasonable classifications. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

199.037. The director of the division shall promulgate reasonable rules relative to the implementation of patient rights described in sections 199.001 to 199.055. These rules shall not apply to facilities, programs or services operated or provided by the curators of the University of Missouri.

199.210. 1. Upon the hearing set in the order, the individual named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him, and to have compulsory process for the securing of witnesses and evidence in his own behalf. The court may in its discretion call and examine witnesses and secure the production of evidence in addition to that adduced by the parties; such additional witnesses being subject to cross-examination by either or both parties.

2. Upon a consideration of the petition and evidence, if the court finds that the person named in the petition is a potential transmitter and conducts himself so as to be a danger to the public health, an order shall be issued committing the individual named in the petition to [the Missouri rehabilitation center] a facility designated by the curators of the University of Missouri and directing the sheriff to take him into custody and deliver him to the [center] facility. If the court does not so find, the petition shall be dismissed. The cost of transporting the person to the [Missouri rehabilitation center] facility designated by the curators of the University of Missouri shall be paid out of general county funds.

199.230. Upon commitment, the patient shall be confined in [the Missouri rehabilitation center] a facility designated by the curators of the University of Missouri until such time as the director of the [center] facility determines that the patient no longer has communicable tuberculosis or that his discharge will not endanger public health.

199.240. No person committed to [the Missouri rehabilitation center] a facility designated by the curators of the University of Missouri under sections 199.170 to 199.270 shall be required to submit to medical or surgical treatment without his consent, or, if incapacitated, without the consent of his legal guardian, or, if a minor, without the consent of a parent or next of kin.

199.250. 1. The department of health [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.] may, by agreement with the curators of the University of Missouri, contract for such facilities at the Missouri rehabilitation center as are necessary to carry out the functions of the tuberculosis testing laboratory and may employ personnel as are necessary for the operation of such laboratory.

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.] operation of the tuberculosis testing laboratory at the rehabilitation center or elsewhere shall be paid from state or federal or other funds appropriated for the maintenance and operation of the tuberculosis testing laboratory.

199.260. Any person committed under the provisions of sections 199.170 to 199.270 who leaves the [Missouri rehabilitation center] facility designated by the curators of the university of Missouri without having been discharged by the director of the [center] facility or other officer in charge or by order of court shall be taken into custody and returned thereto by the sheriff of any county where such person may be found, upon an affidavit being filed with the sheriff by the director of the [center] facility, or duly authorized officer in charge thereof, to which the person had been committed.

Section B. Because of the urgent need to provide proper facilities and resources for rehabilitation care and chest care, section A of 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.