Last week, the Missouri Senate Interim Committee on Medicaid Accountability and Taxpayer Protection issued its first report detailing recommendations related to the funding of abortion providers and their affiliates through Missouri’s Medicaid program. One recommendation was regulatory changes within the Department of Health and Senior Services (DHSS) to allow it to collaborate with the Department of Social Services (DSS) to share information uncovered during investigations of abortion facilities. This week, DHSS issued its emergency regulation in response to the committee’s recommendation. The regulation clarifies the state and federal laws and regulations abortion facilities must abide by, including notification of a failed abortion within 24 hours and ensuring that the physician providing informed consent to the patient is the physician who performs the abortion. The rule specifies that any violation of law or regulation will be referred by DHSS to the Medicaid Audit and Compliance Unit of DSS.
The emergency regulation becomes effective October 13, 2021 and expires April 10, 2022. During that time, DHSS will issue a proposed regulation with the same requirements.