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SECOND REGULAR SESSION
HOUSE BILL NO. 3061
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PETERS.
6752H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 536.031, RSMo, and to enact in lieu thereof one new section relating to
Medicaid regulations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 536.031, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 536.031, to read as follows:
536.031. 1. There is established a publication to be known as the "Code of State
2 Regulations", which shall be published in a format and medium as prescribed by the secretary
3 of state from time to time as determined by the secretary of state.
4 2. The code of state regulations shall contain the full text of all rules of state agencies
5 in force and ef fect upon the ef fective date of the first publication thereof, and ef fective
6 September 1, 1990, it shall be revised no less frequently than monthly thereafter so as to
7 include all rules of state agencies subsequently made, amended or rescinded. The code may
8 also include citations, references, or annotations, prepared by the state agency adopting the
9 rule or by the secretary of state, to any intraagency ruling, attorney general's opinion,
10 determination, decisions, order , or other action of the administrative hearing commission, or
11 any determination, decision, order , or other action of a court interpreting, applying,
12 discussing, distinguishing, or otherwise affectin g any rule published in the code.
13 3. The code of state regulations shall be published in a format and medium as
14 prescribed by the secretary of state.
15 4. An agency may incorporate by reference rules, regulations, standards, and
16 guidelines of an agency of the United States or a nationally or state-recognized or ganization
17 or association without publishing the material in full. The reference in the agency rules shall
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 fully identify the incorporated material by publisher , address, and date in order to specify how
19 a copy of the material may be obtained, and shall state that the referenced rule, regulation,
20 standard, or guideline does not include any later amendments or additions, except that:
21 (1) Hospital licensure regulations promulgated under this chapter and chapter 197
22 may incorporate by reference Medicare conditions of participation, as defined in section
23 197.005, and later additions or amendments to such conditions of participation; [ and ]
24 (2) Hospital licensure regulations governing life safety code standards promulgated
25 under this chapter and chapter 197 to implement section 197.065 may incorporate, by
26 reference, later additions or amendments to such rules, regulations, standards, or guidelines as
27 needed to consistently apply current standards of safety and practice ;
28 (3) Medicaid reg ulations pr omulgated under this chapter and chapter 208 may
29 incorporate by r efere nce Medicare fee schedules, as defined in state regul ation, and
30 later additions or amendments to Medicaid r eimbursement methodologies pro mulgated
31 in title 13 of the code of state reg ulations; and
32 (4) Medicaid reg ulations pr omulgated under this chapter and chapter 208 may
33 incorporate by refer ence later additions or amendments to federal rules and reg ulations
34 as needed to administer the Missouri Medicaid pro gram .
35 5. The agency adopting a rule, regulation, standard, or guideline under this section
36 shall maintain a copy of the referenced rule, regulation, standard, or guideline at the
37 headquarters of the agency and shall make it available to the public for inspection and
38 copying at no more than the actual cost of reproduction. The secretary of state may omit from
39 the code of state regulations such material incorporated by reference in any rule the
40 publication of which would be unduly cumbersome or expensive.
41 6. The courts of this state shall take judicial notice, without proof, of the contents of
42 the code of state regulations.
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HB 3061 2