The following are summaries and other information related to Proposed Rules that the Department of Social Services has submitted to the Secretary of State for Publication in the Missouri Register. These rules will not go into effect until the public has had an opportunity to submit written comments, and to attend a public hearing if one is scheduled.

Any person may offer comments on a Proposed Rule. The instructions for submitting comments, and the location and date of a hearing if one is scheduled, are located after the text of each rule.  And, you may email comments on a Proposed Rule to Rules.Comment@DSS.mo.gov. Please note that the official text of a Proposed Rule is the version that appears in the Missouri Register, not the draft copy on this site. Refer to the official copy if you wish to submit comments.

We hope you find this site helpful and informative.

Proposed Rule Summary Fiscal
Note(s)
Link to Missouri Register Date Posted
13 CSR 40-2.015 Authorized Representatives. This amendment adds the Adult Expansion Group (AEG) to the list of groups that constitute “MO HealthNet programs” for purposes of this rule. The AEG was created by Amendment 2, which was passed by referendum on August 4, 2020, and which created Article IV, Section 36(c) of the Missouri Constitution, which requires the department to extend MO HealthNet coverage to Missourians ages 19-64 whose income is below 133% of the federal poverty level. This amendment also incorporates three (3) federal regulations and one subpart of the Code of Federal Regulations (CFR). First, the rule governing authorized representatives (42 CFR 435.923). Second, the rule governing the privacy and security of personally identifiable information (45 CFR 155.260), which authorized representatives must honor. Third, the rule governing the entities who may receive a reassigned claim from a Medicaid provider (42 CFR 447.10). Finally, the amendment incorporates the subpart in federal rules – 42 CFR 431 Subpart F - on safeguarding information on Medicaid participants. Authorized representatives must agree to adhere to these rules as a condition of their representation. NO Missouri Register – November 15, 2021
Volume 46, Number 22 (Pages 2114)
11/16/2021
13 CSR 40-7.010 Scope and Definitions. This proposed amendment adds the Adult Expansion Group to the list of populations that fall under Family MO HealthNet programs, pursuant to Amendment 2, which was ratified on August 4, 2020, and which created Article IV, Section 36(c) of the Missouri Constitution. NO Missouri Register – November 15, 2021
Volume 46, Number 22 (Pages 2114-2115)
11/16/2021
13 CSR 40-7.050 Presumptive Eligibility. This proposed amendment allows qualified hospitals to make Medicaid presumptive eligibility determinations for the Adult Expansion Group (AEG), per Article IV Section 36(c) of the Missouri Constitution. The State is legislatively mandated to implement these changes by July 1, 2021. Applicable federal regulations require state Medicaid agencies to offer qualified hospitals the opportunity to make presumptive eligibility determinations for this Medicaid population. NO Missouri Register – November 15, 2021
Volume 46, Number 22 (Pages 2115-2116)
11/16/2021
13 CSR 70-90.010 Home Health-Care Services. This amendment allows the adult expansion group described in Article IV Section 36(c) of the Missouri Constitution to receive habilitative services through the Missouri Home Health Program, and updates the incorporated by reference dates. NO Missouri Register – November 15, 2021
Volume 46, Number 22 (Pages 2116-2117)
11/16/2021
13 CSR 35-71.010 Licensing Rules for Residential Treatment Agencies for Children and Youth. The amendment to this rule establishes the general principles that DSS will apply in implementing chapter 71. It also defines words and phrases used in the process that License-Exempt Residential Care Facilities must use to notify DSS of their operations in Missouri. Finally the amendment defines words and phrases used in the rules for residential treatment agencies for children and youth in Chapter 71 and amends the title of the rule. NO Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-71.015 Licensing Rules for Residential Treatment Agencies for Children and Youth. This rule establishes the processes and procedures for conducting background checks for personnel of child placing agencies, licensed residential care facilities and residential care facilities subject to the notification requirements under sections 210.1250 to 210.1286, RSMo, as provided and authorized by section 210.493, RSMo YES Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-71.020 Basic Residential Treatment for Children and Youth Core Requirements (Applicable to All Agencies) Basis for Licensure and Licensing Procedures. The purpose of this amendment is to update the requirements for applying for an application to operate a licensed residential care facility in Missouri and to implement the new requirements of HB 557 (2021) NO Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-71.030 Hearings and Judicial Review. This amendment is necessary to update the regulation to reflect current practice and to implement the requirements of HB 557 (2021). YES Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-71.045 Personnel. This amendment implements new requirements for background checks of officers, managers, contractors, volunteers with access to children, employees, other support staff and owners of Licensed Residential Care Facilities (LRCF), License-Exempt Residential Care Facilities (LERCFs) and Licensed Child Placing Agencies (CPAs). It adds the requirement that the Department conduct background checks on any person who has unsupervised contact with children and any adult who resides at a LERCF YES Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-71.300 Notification Requirements for License Exempt Residential Care Facilities. This rule implements the notification requirements for License Exempt Residential Care facilities in Missouri as required by sections 210.1250 through 210.1286, RSMo as enacted into law in HB 557 (2021). YES Missouri Register – November 1, 2021
Volume 46, Number 2 (Pages 1903-2106)
11/1/2021
13 CSR 35-73.010 Scope and Definitions. The proposed amendment to this rule establishes the general principles governing the implementation and interpretation of the regulations in this Chapter 73. The amendment to this rule also updates the definitions of words and phrases utilized in Chapter 73 and updates the title. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1987-1989)
11/1/2021
13 CSR 35-73.012 Basis for Licensure and Licensing Procedures. The purpose of the proposed amendment to this rule is to update the procedures for applying for a license to operate a Child Placing Agency in Missouri, and to ensure that the regulations are in compliance with the new requirements of HB 557 (2021). NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1989-1990)
11/1/2021
13 CSR 35-73.017 Hearings and Judicial Review. The purpose of this proposed amendment is to ensure that the rule is updated to reflect the needs of current practice and to ensure that the rules are consistent with the requirements of HB 557 (2021). YES Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1990-1993)
11/1/2021
13 CSR 35-73.030 Personnel Practices and Personnel. This proposed amendment implements House Bill 557 (2021) by adding requirements for any individual associated with a child placing agency to successfully complete a background check and an annual Family Care Safety Registry check before the division considers that person eligible for employment at the agency. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1994)
11/1/2021
13 CSR 35-73.035 Staff Qualifications and Requirements. The purpose of this proposed amendment is to ensure that the language of the rule is consistent with current practices, and to incorporate the requirements of House Bill 557 (2021) NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1994-1995)
11/1/2021
13 CSR 70-3.035 Violations Attested to by the Department of Health and Senior Services. This proposed rule adds violations determined by the Department of Health and Senior Services as independent grounds for provider sanctions. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1995-1996)
11/1/2021
13 CSR 70-6.020 Ground Emergency Medical Transportation Uncompensated Cost Reimbursement Program. This rule implements the Ground Emergency Medical Transportation (GEMT) Uncompensated Cost Reimbursement Program established pursuant to section 208.1030, RSMo, which is a voluntary program that makes reconciled cost reimbursement to eligible GEMT providers that furnish qualifying emergency ambulance services to MO HealthNet participants on or after July 1, 2017. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1996-1999)
11/1/2021
13 CSR 70-15.040 Hospital Outpatient Settlements. This amendment deletes or clarifies outdated terms, language, and provisions regarding hospital inpatient and outpatient settlements. The division is removing the provisions governing inpatient settlements entirely, since the practice of calculating settlements for those services has ceased. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 1999-2002)
11/1/2021
13 CSR 70-100.010 Missouri Rx Plan Benefits and Limitations. The purpose of this amendment is to update the rule to reflect the current program processes. NO Missouri Register – November 1, 2021
Volume 46, Number 21 (Pages 2002-2004)
11/1/2021

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