208.435. Rulemaking authority. - Missouri Statutes

Rulemaking authority.

208.435. 1. The department of social services shall promulgaterules, including emergency rules if necessary, to implement the provisionsof sections 208.431 to 208.437, including but not limited to:

(1) The form and content of any documents required to be filed undersections 208.431 to 208.437;

(2) The dates for the filing of documents by Medicaid managed careorganizations and for notification by the department to each Medicaidmanaged care organization of the annual amount of its reimbursementallowance; and

(3) The formula for determining the amount of each managed careorganization's reimbursement allowance.

2. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections208.431 to 208.437 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. Sections 208.431 to 208.437 and chapter 536, RSMo,are nonseverable 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 afterMay 13, 2005, shall be invalid and void.

(L. 2005 S.B. 189)

Effective 5-13-05

Expires 9-30-11