Missouri Revised Statutes

Mo. Rev. Stat. § 208.153 (2026)

Medical assistance

✓ current as of May 2026

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208.153. Medical assistance — regulations as to costs and manner — federal medical insurance benefits may be provided. — 1. Pursuant to and not inconsistent with the provisions of sections 208.151 and 208.152, the MO HealthNet division shall by rule and regulation define the reasonable costs, manner, extent, quantity, quality, charges and fees of MO HealthNet benefits herein provided. The benefits available under these sections shall not replace those provided under other federal or state law or under other contractual or legal entitlements of the persons receiving them, and all persons shall be required to apply for and utilize all benefits available to them and to pursue all causes of action to which they are entitled. Any person entitled to MO HealthNet benefits may obtain it from any provider of services that is not excluded or disqualified as a provider under any provision of law including, but not limited to, section 208.164, with which an agreement is in effect under this section and which undertakes to provide the services, as authorized by the MO HealthNet division. At the discretion of the director of the MO HealthNet division and with the approval of the governor, the MO HealthNet division is authorized to provide medical benefits for participants receiving public assistance by expending funds for the payment of federal medical insurance premiums, coinsurance and deductibles pursuant to the provisions of Title XVIII B and XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act (42 U.S.C. 301, et seq.), as amended.

2. MO HealthNet shall include benefit payments on behalf of qualified Medicare beneficiaries as defined in 42 U.S.C. Section 1396d(p). The family support division shall by rule and regulation establish which qualified Medicare beneficiaries are eligible. The MO HealthNet division shall define the premiums, deductible and coinsurance provided for in 42 U.S.C. Section 1396d(p) to be provided on behalf of the qualified Medicare beneficiaries.

3. MO HealthNet shall include benefit payments for Medicare Part A cost sharing as defined in clause (p)(3)(A)(i) of 42 U.S.C. 1396d on behalf of qualified disabled and working individuals as defined in subsection (s) of Section 42 U.S.C. 1396d as required by subsection (d) of Section 6408 of P.L. 101-239 (Omnibus Budget Reconciliation Act of 1989). The MO HealthNet division may impose a premium for such benefit payments as authorized by paragraph (d)(3) of Section 6408 of P.L. 101-239.

4. MO HealthNet shall include benefit payments for Medicare Part B cost sharing described in 42 U.S.C. Section 1396(d)(p)(3)(A)(ii) for individuals described in subsection 2 of this section, but for the fact that their income exceeds the income level established by the state under 42 U.S.C. Section 1396(d)(p)(2) but is less than one hundred and ten percent beginning January 1, 1993, and less than one hundred and twenty percent beginning January 1, 1995, of the official poverty line for a family of the size involved.

5. For an individual eligible for MO HealthNet under Title XIX of the Social Security Act, MO HealthNet shall include payment of enrollee premiums in a group health plan and all deductibles, coinsurance and other cost-sharing for items and services otherwise covered under the state Title XIX plan under Section 1906 of the federal Social Security Act and regulations established under the authority of Section 1906, as may be amended. Enrollment in a group health plan must be cost effective, as established by the Secretary of Health and Human Services, before enrollment in the group health plan is required. If all members of a family are not eligible for MO HealthNet and enrollment of the Title XIX eligible members in a group health plan is not possible unless all family members are enrolled, all premiums for noneligible members shall be treated as payment for MO HealthNet of eligible family members. Payment for noneligible family members must be cost effective, taking into account payment of all such premiums. Non-Title XIX eligible family members shall pay all deductible, coinsurance and other cost-sharing obligations. Each individual as a condition of eligibility for MO HealthNet benefits shall apply for enrollment in the group health plan.

6. Any Social Security cost-of-living increase at the beginning of any year shall be disregarded until the federal poverty level for such year is implemented.

7. If a MO HealthNet participant has paid the requested spenddown in cash for any month and subsequently pays an out-of-pocket valid medical expense for such month, such expense shall be allowed as a deduction to future required spenddown for up to three months from the date of such expense.

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(L. 1967 p. 325, A.L. 1967 1st Ex. Sess. p. 903, A.L. 1973 S.B. 325, A.L. 1989 S.B. 203 & 207, A.L. 1990 S.B. 765, A.L. 1991 H.B. 447, A.L. 2007 S.B. 577, A.L. 2012 H.B. 1608, A.L. 2024 H.B. 2634)

Notes of Decisions

Cited in 24 cases, 1984–2020 · leading case: McNeil-Terry v. Roling, 142 S.W.3d 828 (Mo. Ct. App. 2004).

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McNeil-Terry v. Roling, 142 S.W.3d 828 (Mo. Ct. App. 2004). · cites it 7× “The Division argues that section 208.153 RSMo 2000 expressly authorized it to determine the scope of the dental services program.”

Missouri Dep't of Soc. Servs. v. Admin. Hearing Comm'n, 826 S.W.2d 871 (Mo. Ct. App. 1992). · cites it 5× “1, provides: Any person authorized under section 208.153, RSMo, to provide services for which benefit payments are authorized under section 208.”

NME Hospitals, Inc. v. Dep't of Soc. Servs., Div. of Med. Servs., 850 S.W.2d 71 (Mo. 1993). · cites it 3× “It is authorized under § 208.153, RSMo Supp.1992, to provide services for which benefits are authorized under § 208.”

State Bd. of Reg. for the Healing Arts v. Trueblood, 368 S.W.3d 259 (Mo. Ct. App. 2012). · cites it 3× “045, provides that ‘‘[a]ny person authorized pursuant to section 208.153, RSMo, to provide services for which benefit payments are authorized pursuant to section 208.”

Psychiatric Healthcare Corp. v. Dep't of Soc. Servs., 100 S.W.3d 891 (Mo. Ct. App. 2003). · cites it 2× “As authorized by statute, the Division has implemented specific regulations applicable to licensed health care providers authorized under section 208.153 to provide Medicaid services in Missouri.”

Geriatric Nursing Facility, Inc. v. Dep't of Soc. Servs., 693 S.W.2d 206 (Mo. Ct. App. 1985). · cites it 3× “1984 as follows: Any person authorized under section 208.153, RSMo, to provide services for which benefit payments are authorized under section 208.”

Midwest Div.-Oprmc, LLC v. Dept. Soc. Serv., Div. of Med. Servs., 241 S.W.3d 371 (Mo. Ct. App. 2007). · cites it 2× “4 states that service providers “authorized under section 208.153 to provide services for which benefit payments are authorized under section 208.”

Greene Cnty. Nursing & Care Ctr., Inc. v. Dep't of Soc. Servs., 807 S.W.2d 117 (Mo. Ct. App. 1991). · cites it 8× “055 1 as follows, “[a]ny person authorized under section 208.153, RSMo, to provide services for which benefit payments are authorized under section 208.”

Livingston Manor, Inc. v. Dep't of Soc. Servs., 809 S.W.2d 153 (Mo. Ct. App. 1991). · cites it 2× “2, which provides: Any person authorized under section 208.153 to provide services for which benefit payments are authorized under section 208.”

Dep't of Soc. Servs. v. Villa Capri Homes, Inc., 684 S.W.2d 327 (Mo. 1985). “§ 208.153, *331 RSMo 1978. 3 Prior to July 1, 1976, the State operated under what it called a negotiated rate system.”

State ex rel. Oakwood Manor Nursing Ctr. v. Stangler, 809 S.W.2d 90 (Mo. Ct. App. 1991). · cites it 7× “There has never been any question that plaintiffs are authorized under Mo. Rev.Stat. § 208.153 (1986), to provide services and receive payments authorized by § 208.”

Indep. Living Ctr. of Mid Mo Inc. v. Dep't of Soc. Servs., Mo Healthnet Div., 391 S.W.3d 52 (Mo. Ct. App. 2013). · cites it 2× “The regulation was promulgated pursuant to the authority of section 208.153 and 208.201. There is no obvious connection, therefore, between the regulation and section 208.”

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