191.1053. Designation of areas--re-evaluation of designations, when--rulemaking authority. - Missouri Statutes

Designation of areas--re-evaluation of designations, when--rulemakingauthority.

191.1053. 1. The department shall have the authority to designate aneligible facility or facilities in an area of defined need. In making suchdesignation, the department shall consult with local health departments andconsider factors, including but not limited to the health status of thepopulation of the area, the ability of the population of the area to payfor health services, the accessibility the population of the area has tohealth services, and the availability of health professionals in the area.

2. The department shall reevaluate the designation of an eligiblefacility six years from the initial designation and every six yearsthereafter. Each such facility shall have the burden of proving that thefacility meets the applicable requirements regarding the definition of aneligible facility.

3. The department shall not revoke the designation of an eligiblefacility until the department has afforded interested persons and groups inthe facility's area of defined need to provide data and information insupport of renewing the designation. The department may make adetermination on the basis of such data and information and other data andinformation available to the department.

4. The department may promulgate rules to implement the provisions ofsections 191.1050 to 191.1056. Any rule or portion of a rule, as that termis defined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2007, shall be invalid and void.

(L. 2007 S.B. 577)