191.950.  Prostate cancer pilot programs — definitions — eligibility — services provided — grants — rulemaking authority — sunset provision. — 1.  As used in this section, the following terms mean:

  (1)  "Department", the department of health and senior services;

  (2)  "Economically challenged men", men who have a gross income up to one hundred ^* fifty percent of the federal poverty level;

  (3)  "Program", the prostate cancer pilot program established in this section;

  (4)  "Rural area", a rural area which is in either any county of the third classification without a township form of government and with more than twenty thousand but fewer than twenty thousand one hundred inhabitants, any county of the second classification with more than nineteen thousand seven hundred but fewer than nineteen thousand eight hundred inhabitants, or any county of the third classification with a township form of government and with more than thirty-three thousand one hundred but fewer than thirty-three thousand two hundred inhabitants;

  (5)  "Uninsured men", men for whom services provided by the program are not covered by private insurance, MO HealthNet or Medicare;

  (6)  "Urban area", an urban area which is located in a city not within a county.

  2.  Subject to securing a cooperative agreement with a nonprofit entity for funding of the program, there is hereby established within the department of health and senior services two "Prostate Cancer Pilot Programs" to fund prostate cancer screening and treatment services and to provide education to men residing in this state.  One prostate cancer pilot program shall be located in an urban area and one prostate cancer pilot program shall be located in a rural area.  The department may directly contract with the Missouri Foundation for Health, or a successor entity, in the delivery of the pilot program.  For purposes of this section, the contracting process of the department with these entities need not be governed by the provisions of chapter 34.

  3.  The program shall be open to:

  (1)  Uninsured men or economically challenged men who are at least fifty years old; and

  (2)  On the advice of a physician or at the request of the individual, uninsured men or economically challenged men who are at least thirty-five years of age but less than fifty years of age and who are at high risk for prostate cancer.

  4.  The program shall provide:

  (1)  Prostate cancer screening;

  (2)  Referral services, including services necessary for diagnosis;

  (3)  Treatment services for individuals who are diagnosed with prostate cancer after being screened; and

  (4)  Outreach and education activities to ensure awareness and utilization of program services by uninsured men and economically challenged men.

  5.  Upon appropriation, the department shall distribute grants to administer the program to:

  (1)  Local health departments; and

  (2)  Federally qualified health centers.

  6.  Three years from the date on which the grants were first administered under this section, the department shall report to the governor and general assembly:

  (1)  The number of individuals screened and treated under the program, including racial and ethnic data on the individuals who were screened and treated; and

  (2)  To the extent possible, any cost savings achieved by the program as a result of early detection of prostate cancer.

  7.  The department shall promulgate rules to establish guidelines regarding eligibility for the program and to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.

  8.  Under and pursuant to section 23.253 of the Missouri sunset act:

  (1)  The provisions of the new program authorized under this section shall automatically sunset six years after August 28, 2011, unless reauthorized by an act of the general assembly; and

  (2)  If such program is reauthorized, the program authorized under this section shall automatically sunset six years after the effective date of the reauthorization of this section; and

  (3)  This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.