167.609. Underwriting of costs, determination of amount, assessment--disbursement transfer to health initiatives fund, arrangement--method of disbursement of funds--procedure.

Underwriting of costs, determination of amount,assessment--disbursement transfer to health initiatives fund,arrangement--method of disbursement of funds--procedure.

167.609. 1. The director of the department of social services shall atleast annually determine the amount of money each public school district whichelects to participate as a Medicaid provider shall contribute to underwritethe costs associated with the services provided for in section 167.606. Eachpublic school district shall be provided the assessment for each school yearby the director of the department of social services. Notice of eachdistrict's assessment shall also be provided to the commissioner of the officeof administration.

2. (1) The office of administration, the department of social servicesand the department of elementary and secondary education shall developprocedures whereby public schools or school districts may arrange to have aportion of the disbursement which they are to receive pursuant to section163.031, RSMo, transferred to the health initiatives fund established insection 191.831, RSMo, for the purpose of earning federal funds pursuant tothe intergovernmental transfer provisions of the federal Medicaid law, 42U.S.C. 1396, et seq. The office of administration, the department of socialservices and the department of elementary and secondary education shallpromulgate such rules as may be necessary to implement the provisions of thissubsection.

(2) Public schools or school districts participating in this transferarrangement shall receive the original transferred amount plus federal funds.The original transferred amount plus federal funds shall not be less than twohundred percent of the original transferred amount. The department of socialservices shall determine such percentage by a formula established by rule andregulation.

(3) The original amount transferred on behalf of the school or schooldistrict to the health initiatives fund shall be disbursed pursuant to section163.031, RSMo, to the participating school or school district and shall bedeposited by such school or district in the same manner as are all othermoneys disbursed pursuant to section 163.031, RSMo. The federal funds shallbe disbursed to the school or school district directly, shall not be subjectto section 163.031, RSMo, and shall be used for school health purposes orprograms used to generate Medicaid funds.

(4) The procedures developed pursuant to this section shall assure that:

(a) Public schools or school districts shall not receive less money thanthey would have otherwise received; and

(b) Nonparticipating public schools or school districts shall notreceive their money at a later time than they would have otherwise receivedtheir money; and

(c) Participating public schools or school districts shall not receivetheir money at a later time than they would have otherwise received theirmoney, except with their express written consent.

3. If a public school or school district which elects to be a Medicaidprovider and to contribute to the costs associated with providing EPSDTservices and enhanced primary and preventive care to Medicaid eligiblechildren in the service area has a disproportionate number of eligibleresident children not included in the calculation of state funding undersection 163.081, RSMo, then the department of social services shall work withthat public school or school district to ensure the most accessible care forschool age children and the department of social services shall commit generalrevenue funds necessary to ensure access to EPSDT services and primary andpreventive health services for all eligible resident children. The departmentmay also make arrangements with health care service providers listed insubsection 4 of section 167.606 to assist in providing such services in theservice area.

(L. 1993 H.B. 564 § 4)