HOUSE BILL NO. 1551 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOVIS.
3196H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 105.711 and 650.058, RSMo, and to enact in lieu thereof three new sections relating to compensation for wrongful conviction.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 105.711 and 650.058, RSMo, are repealed and three new sections 2 enacted in lieu thereof, to be known as sections 105.711, 506.400, and 506.403, to read as 3 follows: 105.711. 1. There is hereby created a "State Legal Expense Fund" which shall consist 2 of moneys appropriated to the fund by the general assembly and moneys otherwise credited to 3 such fund pursuant to section 105.716. 4 2. Moneys in the state legal expense fund shall be available for the payment of any 5 claim or any amount required by any final judgment rendered by a court of competent 6 jurisdiction against: 7 (1) The state of Missouri, or any agency of the state, pursuant to section 536.050 or 8 536.087 or section 537.600; 9 (2) Any officer or employee of the state of Missouri or any agency of the state, 10 including, without limitation, elected officials, appointees, members of state boards or 11 commissions, and members of the Missouri National Guard upon conduct of such officer or 12 employee arising out of and performed in connection with his or her official duties on behalf 13 of the state, or any agency of the state, provided that moneys in this fund shall not be 14 available for payment of claims made under chapter 287; 15 (3) (a) Any physician, psychiatrist, pharmacist, podiatrist, dentist, nurse, or other 16 health care provider licensed to practice in Missouri under the provisions of chapter 330, 332,
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1551 2
17 334, 335, 336, 337 or 338 who is employed by the state of Missouri or any agency of the state 18 under formal contract to conduct disability reviews on behalf of the department of elementary 19 and secondary education or provide services to patients or inmates of state correctional 20 facilities on a part-time basis, and any physician, psychiatrist, pharmacist, podiatrist, dentist, 21 nurse, or other health care provider licensed to practice in Missouri under the provisions of 22 chapter 330, 332, 334, 335, 336, 337, or 338 who is under formal contract to provide services 23 to patients or inmates at a county jail on a part-time basis; 24 (b) Any physician licensed to practice medicine in Missouri under the provisions of 25 chapter 334 and his professional corporation organized pursuant to chapter 356 who is 26 employed by or under contract with a city or county health department organized under 27 chapter 192 or chapter 205, or a city health department operating under a city charter, or a 28 combined city-county health department to provide services to patients for medical care 29 caused by pregnancy, delivery, and child care, if such medical services are provided by the 30 physician pursuant to the contract without compensation or the physician is paid from no 31 other source than a governmental agency except for patient co-payments required by federal 32 or state law or local ordinance; 33 (c) Any physician licensed to practice medicine in Missouri under the provisions of 34 chapter 334 who is employed by or under contract with a federally funded community health 35 center organized under Section 315, 329, 330 or 340 of the Public Health Services Act (42 36 U.S.C. Section 216, 254c) to provide services to patients for medical care caused by 37 pregnancy, delivery, and child care, if such medical services are provided by the physician 38 pursuant to the contract or employment agreement without compensation or the physician is 39 paid from no other source than a governmental agency or such a federally funded community 40 health center except for patient co-payments required by federal or state law or local 41 ordinance. In the case of any claim or judgment that arises under this paragraph, the 42 aggregate of payments from the state legal expense fund shall be limited to a maximum of one 43 million dollars for all claims arising out of and judgments based upon the same act or acts 44 alleged in a single cause against any such physician, and shall not exceed one million dollars 45 for any one claimant; 46 (d) Any physician licensed pursuant to chapter 334 who is affiliated with and receives 47 no compensation from a nonprofit entity qualified as exempt from federal taxation under 48 Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, which offers a free 49 health screening in any setting or any physician, nurse, physician assistant, dental hygienist, 50 dentist, or other health care professional licensed or registered under chapter 330, 331, 332, 51 334, 335, 336, 337, or 338 who provides health care services within the scope of his or her 52 license or registration at a city or county health department organized under chapter 192 or 53 chapter 205, a city health department operating under a city charter, or a combined city- HB 1551 3
54 county health department, or a nonprofit community health center qualified as exempt from 55 federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, 56 excluding federally funded community health centers as specified in paragraph (c) of this 57 subdivision and rural health clinics under 42 U.S.C. Section 1396d(l)(1), if such services are 58 restricted to primary care and preventive health services, provided that such services shall not 59 include the performance of an abortion, and if such health services are provided by the health 60 care professional licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 61 338 without compensation. MO HealthNet or Medicare payments for primary care and 62 preventive health services provided by a health care professional licensed or registered under 63 chapter 330, 331, 332, 334, 335, 336, 337, or 338 who volunteers at a community health 64 clinic is not compensation for the purpose of this section if the total payment is assigned to 65 the community health clinic. For the purposes of the section, "community health clinic" 66 means a nonprofit community health center qualified as exempt from federal taxation under 67 Section 501(c)(3) of the Internal Revenue Code of 1987, as amended, that provides primary 68 care and preventive health services to people without health insurance coverage. In the case 69 of any claim or judgment that arises under this paragraph, the aggregate of payments from the 70 state legal expense fund shall be limited to a maximum of five hundred thousand dollars, for 71 all claims arising out of and judgments based upon the same act or acts alleged in a single 72 cause and shall not exceed five hundred thousand dollars for any one claimant, and insurance 73 policies purchased pursuant to the provisions of section 105.721 shall be limited to five 74 hundred thousand dollars. Liability or malpractice insurance obtained and maintained in 75 force by or on behalf of any health care professional licensed or registered under chapter 330, 76 331, 332, 334, 335, 336, 337, or 338 shall not be considered available to pay that portion of a 77 judgment or claim for which the state legal expense fund is liable under this paragraph; 78 (e) Any physician, nurse, physician assistant, dental hygienist, or dentist licensed or 79 registered to practice medicine, nursing, or dentistry or to act as a physician assistant or dental 80 hygienist in Missouri under the provisions of chapter 332, 334, or 335, or lawfully practicing, 81 who provides medical, nursing, or dental treatment within the scope of his license or 82 registration to students of a school whether a public, private, or parochial elementary or 83 secondary school or summer camp, if such physician's treatment is restricted to primary care 84 and preventive health services and if such medical, dental, or nursing services are provided by 85 the physician, dentist, physician assistant, dental hygienist, or nurse without compensation. 86 In the case of any claim or judgment that arises under this paragraph, the aggregate of 87 payments from the state legal expense fund shall be limited to a maximum of five hundred 88 thousand dollars, for all claims arising out of and judgments based upon the same act or acts 89 alleged in a single cause and shall not exceed five hundred thousand dollars for any one HB 1551 4
90 claimant, and insurance policies purchased pursuant to the provisions of section 105.721 shall 91 be limited to five hundred thousand dollars; or 92 (f) Any physician licensed under chapter 334, or dentist licensed under chapter 332, 93 providing medical care without compensation to an individual referred to his or her care by a 94 city or county health department organized under chapter 192 or 205, a city health department 95 operating under a city charter, or a combined city-county health department, or nonprofit 96 health center qualified as exempt from federal taxation under Section 501(c)(3) of the Internal 97 Revenue Code of 1986, as amended, or a federally funded community health center organized 98 under Section 315, 329, 330, or 340 of the Public Health Services Act, 42 U.S.C. Section 99 216, 254c; provided that such treatment shall not include the performance of an abortion. In 100 the case of any claim or judgment that arises under this paragraph, the aggregate of payments 101 from the state legal expense fund shall be limited to a maximum of one million dollars for all 102 claims arising out of and judgments based upon the same act or acts alleged in a single cause 103 and shall not exceed one million dollars for any one claimant, and insurance policies 104 purchased under the provisions of section 105.721 shall be limited to one million dollars. 105 Liability or malpractice insurance obtained and maintained in force by or on behalf of any 106 physician licensed under chapter 334, or any dentist licensed under chapter 332, shall not be 107 considered available to pay that portion of a judgment or claim for which the state legal 108 expense fund is liable under this paragraph; 109 (4) Staff employed by the juvenile division of any judicial circuit; 110 (5) Any attorney licensed to practice law in the state of Missouri who practices law at 111 or through a nonprofit community social services center qualified as exempt from federal 112 taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or 113 through any agency of any federal, state, or local government, if such legal practice is 114 provided by the attorney without compensation. In the case of any claim or judgment that 115 arises under this subdivision, the aggregate of payments from the state legal expense fund 116 shall be limited to a maximum of five hundred thousand dollars for all claims arising out of 117 and judgments based upon the same act or acts alleged in a single cause and shall not exceed 118 five hundred thousand dollars for any one claimant, and insurance policies purchased 119 pursuant to the provisions of section 105.721 shall be limited to five hundred thousand 120 dollars; 121 (6) Any social welfare board created under section 205.770 and the members and 122 officers thereof upon conduct of such officer or employee while acting in his or her capacity 123 as a board member or officer, and any physician, nurse, physician assistant, dental hygienist, 124 dentist, or other health care professional licensed or registered under chapter 330, 331, 332, 125 334, 335, 336, 337, or 338 who is referred to provide medical care without compensation by HB 1551 5
126 the board and who provides health care services within the scope of his or her license or 127 registration as prescribed by the board; or 128 (7) Any person who is selected or appointed by the state director of revenue under 129 subsection 2 of section 136.055 to act as an agent of the department of revenue, to the extent 130 that such agent's actions or inactions upon which such claim or judgment is based were 131 performed in the course of the person's official duties as an agent of the department of 132 revenue and in the manner required by state law or department of revenue rules. 133 3. Moneys in the state legal expense fund shall be available for the payment of 134 any claim or any amount required by any final judgment rendered by a court of 135 competent jurisdiction for the purposes of paying judgments arising from claims under 136 section 506.400. 137 4. The department of health and senior services shall promulgate rules regarding 138 contract procedures and the documentation of care provided under paragraphs (b), (c), (d), 139 (e), and (f) of subdivision (3) of subsection 2 of this section. The limitation on payments 140 from the state legal expense fund or any policy of insurance procured pursuant to the 141 provisions of section 105.721, provided in subsection [7] 8 of this section, shall not apply to 142 any claim or judgment arising under paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of 143 subsection 2 of this section. Any claim or judgment arising under paragraph (a), (b), (c), (d), 144 (e), or (f) of subdivision (3) of subsection 2 of this section shall be paid by the state legal 145 expense fund or any policy of insurance procured pursuant to section 105.721, to the extent 146 damages are allowed under sections 538.205 to 538.235. Liability or malpractice insurance 147 obtained and maintained in force by any health care professional licensed or registered under 148 chapter 330, 331, 332, 334, 335, 336, 337, or 338 for coverage concerning his or her private 149 practice and assets shall not be considered available under subsection [7] 8 of this section to 150 pay that portion of a judgment or claim for which the state legal expense fund is liable under 151 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section. 152 However, a health care professional licensed or registered under chapter 330, 331, 332, 334, 153 335, 336, 337, or 338 may purchase liability or malpractice insurance for coverage of liability 154 claims or judgments based upon care rendered under paragraphs (c), (d), (e), and (f) of 155 subdivision (3) of subsection 2 of this section which exceed the amount of liability coverage 156 provided by the state legal expense fund under those paragraphs. Even if paragraph (a), (b), 157 (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is repealed or modified, the 158 state legal expense fund shall be available for damages which occur while the pertinent 159 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section is in 160 effect. 161 [4.] 5. The attorney general shall promulgate rules regarding contract procedures and 162 the documentation of legal practice provided under subdivision (5) of subsection 2 of this HB 1551 6
163 section. The limitation on payments from the state legal expense fund or any policy of 164 insurance procured pursuant to section 105.721 as provided in subsection [7] 8 of this section 165 shall not apply to any claim or judgment arising under subdivision (5) of subsection 2 of this 166 section. Any claim or judgment arising under subdivision (5) of subsection 2 of this section 167 shall be paid by the state legal expense fund or any policy of insurance procured pursuant to 168 section 105.721 to the extent damages are allowed under sections 538.205 to 538.235. 169 Liability or malpractice insurance otherwise obtained and maintained in force shall not be 170 considered available under subsection [7] 8 of this section to pay that portion of a judgment or 171 claim for which the state legal expense fund is liable under subdivision (5) of subsection 2 of 172 this section. However, an attorney may obtain liability or malpractice insurance for coverage 173 of liability claims or judgments based upon legal practice rendered under subdivision (5) of 174 subsection 2 of this section that exceed the amount of liability coverage provided by the state 175 legal expense fund under subdivision (5) of subsection 2 of this section. Even if subdivision 176 (5) of subsection 2 of this section is repealed or amended, the state legal expense fund shall be 177 available for damages that occur while the pertinent subdivision (5) of subsection 2 of this 178 section is in effect. 179 [5.] 6. All payments shall be made from the state legal expense fund by the 180 commissioner of administration with the approval of the attorney general. Payment from the 181 state legal expense fund of a claim or final judgment award against a health care professional 182 licensed or registered under chapter 330, 331, 332, 334, 335, 336, 337, or 338, described in 183 paragraph (a), (b), (c), (d), (e), or (f) of subdivision (3) of subsection 2 of this section, or 184 against an attorney in subdivision (5) of subsection 2 of this section, shall only be made for 185 services rendered in accordance with the conditions of such paragraphs. In the case of any 186 claim or judgment against an officer or employee of the state or any agency of the state based 187 upon conduct of such officer or employee arising out of and performed in connection with his 188 or her official duties on behalf of the state or any agency of the state that would give rise to a 189 cause of action under section 537.600, the state legal expense fund shall be liable, excluding 190 punitive damages, for: 191 (1) Economic damages to any one claimant; and 192 (2) Up to three hundred fifty thousand dollars for noneconomic damages. 193 194 The state legal expense fund shall be the exclusive remedy and shall preclude any other civil 195 actions or proceedings for money damages arising out of or relating to the same subject 196 matter against the state officer or employee, or the officer's or employee's estate. No officer 197 or employee of the state or any agency of the state shall be individually liable in his or her 198 personal capacity for conduct of such officer or employee arising out of and performed in 199 connection with his or her official duties on behalf of the state or any agency of the state. The HB 1551 7
200 provisions of this subsection shall not apply to any defendant who is not an officer or 201 employee of the state or any agency of the state in any proceeding against an officer or 202 employee of the state or any