Journal of the House

First Regular Session, 93rd General Assembly

FIFTIETH DAY, Thursday, April 7, 2005

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Father Donald W. Lammers.

              Before we begin the work of this daily session, we turn to You, O Lord.

Lord, You have probed me, You know me:

You know when I sit and when I stand;

You understand my thoughts from afar.

(Psalm 139:2)

              Aware of Your presence, we continue our work today. May we not be too quick with our judgments, our agenda, our interpretations. When the words of others express Your truth, may we embrace it. May we pause patiently, speak wisely in our turn, and decide aright for Your people.

              For this grace, we pray to You, our God forever and ever. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Jack Passmore, Kevin Ogle, Molly Sly, Emily Price, Nathan Fleming Easley, Allison Louise Powers, Anna Renee Brodersen, Leah Katherine Sauerwein, Lexi Elaine Easter, Aidan August Miget, Audrey Wells, Sean Koster, Alex Kutz, Tim Redfering, Chris Reichert, Jordan Lippert and Elizabeth Bone.

            The Journal of the forty-ninth day was approved as corrected.

SPECIAL RECOGNITION

            Coach Tom Kruse and the Raymore-Peculiar High School Panthers Football Team were introduced by Representative Baker (123) and recognized for attaining the 2004 Class 5-A State Championship.

HOUSE RESOLUTION

            Representative Jolly offered House Resolution No. 1976.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1955 - Representative Wagner

            House Resolution No. 1956

                        through

            House Resolution No. 1959 - Representative Dethrow

            House Resolution No. 1960

                        and

            House Resolution No. 1961 - Representative Dusenberg

            House Resolution No. 1962 - Representative Dethrow 

            House Resolution No. 1963 - Representative Nance

            House Resolution No. 1964 - Representative Bivins, et al.

            House Resolution No. 1965

                        and

            House Resolution No. 1966 - Representative Stevenson

            House Resolution No. 1967 - Representative Viebrock

            House Resolution No. 1968 - Representative Guest

            House Resolution No. 1969 - Representative Wallace

            House Resolution No. 1970 - Representative Wood

            House Resolution No. 1971

                        and

            House Resolution No. 1972 - Representative Schaaf

            House Resolution No. 1973 - Representative Guest

            House Resolution No. 1974 - Representative Smith (14)

            House Resolution No. 1975 - Representative Schaaf

            House Resolution No. 1977 - Representative Lager

            House Resolution No. 1978

                        and

            House Resolution No. 1979 - Representative Donnelly, et al.

            House Resolution No. 1980 - Representative Brown (30)

            House Resolution No. 1981 - Representative Wasson

            House Resolution No. 1982 - Representative Lampe, et al.

            House Resolution No. 1983 - Representative Donnelly, et al.

            House Resolution No. 1984

                        and

            House Resolution No. 1985 - Representative Yaeger

            House Resolution No. 1986 - Representative Wallace

            House Resolution No. 1987 - Representative Kelly

SECOND READING OF SENATE BILL

            SS SCS SB 269 was read the second time.

SIGNING OF HOUSE BILL

            All other business of the House was suspended while CCS SCS HCS HB 14 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

            Having been duly signed in open session of the Senate, CCS SCS HCS HB 14 was delivered to the Governor by the Chief Clerk of the House.

THIRD READING OF SENATE BILL

            SS SB 539, relating to health care and social services, was taken up by Representative Stefanick.

            Representative Hoskins offered House Amendment No. 8.

House Amendment No. 8

AMEND Senate Substitute for Senate Bill No. 539, Pages 14 and 15, Section 208.151, Lines 191 to 226, by deleting all of said lines and inserting in lieu thereof the following:

              "[(25)] (24) All persons who would be determined to be eligible for old age assistance benefits, permanent and total disability benefits, or aid to the blind benefits, under the eligibility standards in effect December 31, 1973; except that, on or after July 1, 2002, less restrictive income methodologies, as authorized in 42 U.S.C. Section 1396a(r)(2), shall be used to raise the income limit to eighty percent of the federal poverty level and, as of July 1, 2003, less restrictive income methodologies, as authorized in 42 U.S.C. Section 1396a(r)(2), shall be used to raise the income limit to ninety percent of the federal poverty level and, as of July 1, 2004, less restrictive income methodologies, as authorized in 42 U.S.C. Section 1396a(r)(2), shall be used to raise the income limit to one hundred percent of the federal poverty level. [If federal law or regulation authorizes the division of family services to, by rule, exclude the income or resources of a parent or parents of a person under the age of eighteen and such exclusion of income or resources can be limited to such parent or parents, then notwithstanding the provisions of section 208.010:

              (a) The division may by rule exclude such income or resources in determining such person's eligibility for permanent and total disability benefits; and

              (b)] Eligibility standards for permanent and total disability benefits shall not be limited by age;"; and

              Further amend said bill, Page 24, Section 208.152, Lines 229 and 230, by deleting all of said lines and renumber all remaining subdivisions accordingly; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Behnen assumed the Chair.

            Representative Hoskins moved that House Amendment No. 8 be adopted.

            Which motion was defeated by the following vote:

            Representative Page offered House Amendment No. 9.

House Amendment No. 9

AMEND Senate Substitute for Senate Bill No. 539, Pages 25 and 26, Section 208.152, Lines 273 to 311, by deleting all of said lines and inserting in lieu thereof the following:

              "[3.] 4. The division of medical services may require any recipient of medical assistance to pay part of the charge or cost, as defined by rule duly promulgated by the division of medical services, for dental services, drugs and medicines, optometric services, eye glasses, dentures, hearing aids, and other services, to the extent and in the manner authorized by Title XIX of the federal Social Security Act (42 U.S.C. 1396, et seq.) and regulations thereunder. When substitution of a generic drug is permitted by the prescriber according to section 338.056, RSMo, and a generic drug is substituted for a name brand drug, the division of medical services may not lower or delete the requirement to make a co-payment pursuant to regulations of Title XIX of the federal Social Security Act. A provider of goods or services described under this section must collect from all recipients the partial payment that may be required by the division of medical services under authority granted herein, if the division exercises that authority, to remain eligible as a provider. Any payments made by recipients under this section shall be in addition to, and not in lieu of, any payments made by the state for goods or services described herein."; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Speaker Jetton resumed the Chair.

            Representative Page moved that House Amendment No. 9 be adopted.

            Which motion was defeated by the following vote:

            Representative Low (39) offered House Amendment No. 10.

House Amendment No. 10

AMEND Senate Substitute for Senate Bill No. 539, Page 19, Section 208.152, Lines 52 to 54, by deleting all of said lines and inserting in lieu thereof the following:

              "(7) Dental services;

              (8) Services of podiatrists as defined in section 330.010, RSMo;

              (9) Drugs and medicines when prescribed by a licensed physician"; and

              Further amend said bill, Page 19, Section 208.152, Line 60, by deleting "[(10)] (8)" and inserting in lieu thereof the following: "(10)"; and

              Further amend said bill, Page 19, Section 208.152, Line 69, by deleting "[(11)] (9)" and inserting in lieu thereof the following: "(11)"; and

              Further amend said bill, Page 19, Section 208.152, Line 75, by deleting "[(12)] (10)" and inserting in lieu thereof the following: "(12)"; and

              Further amend said bill, Page 19, Section 208.152, Line 75, by deleting "[(13" and inserting in lieu thereof the following: "(13)"; and

              Further amend said bill, Page 19, Section 208.152, Line 76, by deleting "(14)] (11)" and inserting in lieu thereof the following: "(14)" and renumber remaining subdivisions accordingly; and

              Further amend said bill, Page 24, Section 208.152, Lines 226 to 228, by deleting all of said lines and renumber all remaining subdivisions accordingly; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Low (39) moved that House Amendment No. 10 be adopted.

            Which motion was defeated by the following vote:

            Representative Bland offered House Amendment No. 11.

House Amendment No. 11

AMEND Senate Substitute for Senate Bill No. 539, Page 20, Section 208.152, Lines 82 to 84, by deleting all of said lines and inserting in lieu thereof the following:

              "(15) Orthopedic devices or other prosthetics, including eye glasses, dentures, hearing aids, and wheelchairs;

              (16) Inpatient psychiatric hospital services for individuals under" and renumber remaining subdivisions accordingly; and

              Further amend said bill, Page 24, Section 208.152, Lines 229 and 230, by deleting all of said lines and renumber all remaining subdivisions accordingly; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Bland moved that House Amendment No. 11 be adopted.

            Which motion was defeated by the following vote:

            Representative Curls offered House Amendment No. 12.

House Amendment No. 12

AMEND Senate Substitute for Senate Bill No. 539, Page 18, Section 208.151, Line 26, by inserting after all of said line the following:

              "(4) Artificially-supplied oxygen;" and renumber remaining subdivisions accordingly; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Curls moved that House Amendment No. 12 be adopted.

            Which motion was defeated by the following vote:

            Representative Lampe offered House Amendment No. 13.

House Amendment No. 13

AMEND Senate Substitute for Senate Bill No. 539, Page 22, Section 208.152, Line 150, by deleting "[(20)" and inserting in lieu thereof the following: "[20] (16)"; and

              Further amend said bill, Page 22, Section 208.152, Line 159, by deleting the number "(21)" and inserting in lieu thereof the following: "[21] (17)"; and

              Further amend said bill, Page 22, Section 208.152, Line 174, by deleting "(22)] (16)" and inserting in lieu thereof the following: "[(22)] (18)" and renumber remaining subdivisions accordingly; and

              Further amend said bill, Pages 24 and 25, Section 208.152, Lines 230 to 267, by deleting all of said lines and inserting in lieu thereof the following:

              "glasses, dentures, hearing aids, and wheelchairs."; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Lampe moved that House Amendment No. 13 be adopted.

            Which motion was defeated by the following vote:

            Representative Darrough offered House Amendment No. 14.

House Amendment No. 14

AMEND Senate Substitute for Senate Bill No. 539, Page 35, Section 208.225, Lines 1 to 30, by deleting all of said lines; and

              Further amend said title, enacting clause and intersectional references accordingly.

            Representative Darrough moved that House Amendment No. 14 be adopted.

            Which motion was defeated by the following vote:

            Representative Bringer offered House Amendment No. 15.

House Amendment No. 15

AMEND Senate Substitute for Senate Bill No. 539, Page 35, Section 208.225, Line 30, by inserting after said line the following:

              “208.545. 1. Any person sixty-five years of age or older who loses his or her eligibility under the state Medicaid program on the effective date of this act shall automatically be enrolled in the senior Rx program. On or before thirty days after the effective date of this act the department of social services shall compile and provide the department of health and senior services with a list of all persons sixty-five years of age or older who become ineligible for Medicaid coverage on the effective date of this act.

              2. For persons automatically enrolled under subsection 1 of this section:

              (1) Any out-of-pocket costs for prescription drugs purchased by such persons between the effective date of this act and the date on which the department of health and senior services is notified of a person's ineligibility for Medicaid coverage shall be credited towards the deductible requirements under the senior Rx program;

              (2) The department of health and senior services shall notify such persons of their automatic enrollment in and the benefits of the senior Rx program within fifteen days of such automatic enrollment; and

              (3) Such persons may opt out of the program after automatic enrollment by notifying the department in writing or by declining to pay the enrollment fee for the program.

              3. After the initial automatic enrollment of any person sixty-five years of age or older in the senior Rx program under this section, such person's continued participation in the program for any subsequent program period shall be in accordance with sections 208.550 to 208.574.”; and

              Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.

            Speaker Pro Tem Bearden assumed the Chair.

            Representative Bringer moved that House Amendment No. 15 be adopted.

            Which motion was defeated by the following vote: