Mo. Code Regs. tit. 11 § 85-1.060

Current through Register Vol. 49, No. 23, December 2, 2024

Section 11 CSR 85-1.060 - The Missouri Veterans Health and Care Fund and Program

PURPOSE: This rule establishes standards of operation for the proceeds of the Veterans Health and Care Fund created by Article XIV, section 1, paragraph 4(2)(b) of the Missouri Constitution that are allocated to the Missouri Veterans Commission.

(1) Definitions.

(A) "Commission" means the Missouri Veterans Commission (MVC) created by section 42.007, RSMo.

(B) "The Missouri Veterans Health and Care Fund (MVHCF)" means the fund established in Article XIV, section 1, paragraph 4 of the Missouri Constitution.

(C) "The Missouri Veterans Health and Care Program" means the program created by this rule within the Missouri Veterans Commission for the implementation and management of the Missouri Veterans Health and Care Fund.

(D) "Public agency" means any city, county, city not within a county, municipal corporation, public district, or public authority located within this state which provides or has authority to provide services which benefit Veterans.

(E) "Executive Director" means the executive director of the Missouri Veterans Commission, or his/her designee, under section 42.012, RSMo.

(F) "Missouri Veterans Cemeteries" means the property and facilities established and maintained pursuant to section 42.012, RSMo.

(G) "Missouri Veterans Homes" means the facilities established and maintained pursuant to section 42.100, RSMo.

(H) "Veteran" means any person defined as a Veteran by the United States Department of Veterans' Affairs or its successor agency.

(2) The MVHCF is established in Article XIV, section 1, paragraph 4 of the Missouri Constitution and permits the commission to contract for services beyond its expertise. This rule establishes a transparent and flexible process to allocate the MVHCF to the highest and best use to serve Missouri Veterans based on recommendations of its stakeholders and partner agencies.

(3) Implementation of the MVHCF proceeds allocated to the commission.

(A) The commission hereby creates the Veterans Health and Care Program (VHCP) which shall be funded by the MVHCF.

(B) The priorities of the VHCP shall be-

1. To meet the current mission of the Missouri Veterans Commission; and

2. To meet emerging needs of Missouri Veterans as directed by the commission.

(4) Where and when appropriate, the MVC Executive Director shall present to the commission his/her recommendations for the expenditure of MVHCF proceeds allocated to the commission. Such recommendations shall be based on recommendations from commission stakeholders and designed to maximize the efficacy of the VHCP and drive innovation in the delivery of services to Missouri's Veterans. All expenditures of MVHCF proceeds allocated to the commission shall be approved by the commission at a public meeting in accordance with established commission protocols.

(A) The commission shall work with the Governor's Office to include expenditures of MVHCF proceeds approved by the commission in the Governor's proposed budget for the upcoming fiscal year. The legislative members of the commission shall work with the leadership of their respective chamber of the legislature as necessary to ensure appropriations are approved by the Legislature for those MVHCF expenditures approved by the commission.

(5) When the commission approves services beyond the expertise of the commission, the commission staff shall issue a request for proposals in accordance with current state contracting procedures. Each proposal shall include a written program description, method of implementation, a proposed budget of all projects to be funded, a conflict of interest attestation, and a signed statement that the request is for the purpose identified in the proposal and that any funds received from the VHCP will be used for the purposes requested.

(6) Any VHCP contracts with public bodies shall be subject to the following criteria:

(A) Preference will be given to programs that are supported by evidence-based research to address the objectives of the commission;

(B) All proposals shall specifically identify the following information, if applicable:

1. The proposed location(s) where services will be provided;

2. Summary of services to include estimated number of Missouri Veterans who will be served or benefitted per year;

3. Qualifications of the agency or project's leadership team;

4. The proposed facilities to be constructed using VHCP funds, if any;

5. Timelines applicable to the services to be provided, including benchmarks;

6. Anticipated startup costs, if any;

7. Anticipated operational costs;

8. Anticipated revenue sources; and

9. Anticipated return on investment; and

(C) For those projects involving the delivery of professional health services, the VHCP contractor must have and maintain a system to ensure all professional health services providers maintain a license in good standing from the applicable regulatory agency. The VHCP contractor must have a written agreement in place with each professional health services provider that requires the provider to notify the VHCP contractor within ten (10) days of any change in the provider's licensing status. The VHCP contractor shall then notify VHCP director of any change in the provider's licensing status within ten (10) days and shall arrange for an alternative provider to serve the affected Veterans.

(7) All VHCP request for proposal responses satisfying the requirements of this rule shall be presented to the commission at the first commission public meeting following the deadline for submission of such proposals. The commission may vote on the proposals at that meeting, or defer its vote on the proposals until a future public meeting. Subject to appropriations and available funds, the commission may approve all of the proposals, some of the proposals, or make grants for an amount less than that requested for any given application. The commission does not guarantee that any given VHCP proposal will be approved, or that it will approve the full amount requested in any given proposal. Approval of a VHCP proposal may be contingent upon the submitting agency securing adequate alternative funding to cover any costs not covered by the VHCP contract.

(8) No more than ten percent (10%) of VHCP funds may be used for administrative costs or salaries of the recipient agency or organization.

(9) All VHCP contractors must permit the VHCP director or his/her designee to visit and inspect each project funded in full or in part by the VHCP. The VHCP contractor must account for all VHCP monies awarded to it, provide performance statistics, and make the books and records of the program open to the commission for inspection and monitoring upon request. Upon a written recommendation from the commission for needed changes or improvements in a funded project, the contractor shall make the necessary changes to the project. The contractor must allow the commission to monitor all functions of programs developed with VHCP funds. VHCP contractors must assist and cooperate with commission staff in monitoring programs and in determining if the program is operating according to the contractual agreement negotiated between the parties.

11 CSR 85-1.060

Adopted by Missouri Register October 1, 2021/Volume 46, Number 19, effective 11/30/2021