Blue Cross Hospital Service, Inc. of Missouri v. Frappier

681 S.W.2d 925, 5 Employee Benefits Cas. (BNA) 2634, 1984 Mo. LEXIS 277
CourtSupreme Court of Missouri
DecidedDecember 18, 1984
Docket65881
StatusPublished
Cited by27 cases

This text of 681 S.W.2d 925 (Blue Cross Hospital Service, Inc. of Missouri v. Frappier) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blue Cross Hospital Service, Inc. of Missouri v. Frappier, 681 S.W.2d 925, 5 Employee Benefits Cas. (BNA) 2634, 1984 Mo. LEXIS 277 (Mo. 1984).

Opinions

BLACKMAR, Judge.

The plaintiffs are health service corporations organized under Chapter 354, RSMo 1978. Plaintiff Blue Cross and Blue Shield of Kansas City hs 450,000 members; plaintiff Blue Cross Hospital Service, Inc. of Missouri has 780,000 members and plaintiff Missouri Medical Service has 650,000 members.

The plaintiffs provide payment for medical care incurred by subscribing members. They make payment directly to providers and maintain separate contractual agreements with subscribers and health care providers. By contrast, commercial insurers customarily reimburse policyholders directly. Plaintiffs claim that this arrangement allows them some control over the charges of health care providers.

In 1983 the General Assembly in a single bill adopted an addition to § 375.936(ll)(b), RSMo 1978 and also amended Chapter 354. The amendments, among other things, forbade health service corporations to discriminate against chiropractors and psychologists, which plaintiffs had refused to pay as a matter of policy. The plaintiffs claim unconstitutionality, both as to the legislative procedures and the substantive effects of the statute.

House Bill 127 as introduced had the following title:

An Act to repeal section 375.936 RSMo 1978, relating to the definition of unfair practices in the business of insurance, and to enact in lieu thereof one new section relating to the same subject. [Plaintiffs’ Exhibit 1.]

Its only effect was to add the word “psychologist” to the practitioners listed in subsection 11(b).

Section 375.936 had been in force since 1959. One of its purposes was to prohibit “unfair discrimination” by insurance companies among providers of health care. The section had not been applied to health service corporations until 1978. In the course of its journey through the General Assembly, portions of other bills were combined with House Bill 127. The bill, as finally adopted, contained 94 new sections relating to Chapter 354 corporations. The title was broadened to make express reference to the regulation -of health service corporations.

The plaintiffs’ petition charged that House Bill 127 was unconstitutional, asserting that: (1) the amendments during passage changed its original purpose in violation of Art. Ill, § 21 of the Missouri Constitution; (2) the bill deals with more than one subject, the content of which is not clearly expressed in the title, as required by Art. Ill, § 23; (3) the bill impairs the obligation of contracts in violation of Art. I, §■ 13 of the Missouri Constitution and Art. I, § 10 of the United States Constitution; (4) the bill violates the due process clauses of the federal and state Constitutions; (5) the bill deprives persons in the position of plaintiffs of equal protection of [929]*929laws in violation of the Fourteenth Amendment; and (6) the provisions of the bill are preempted by ERISA, 29 U.S.C. § 1001, et seq.

The trial court found for the plaintiffs on grounds (1) and (2) specified above, and found it unnecessary to pass on the remaining grounds alleged. Both parties appeal, the plaintiffs contending that the court should have declared the statutes invalid under ERISA. We conclude that none of the reasons assigned for invalidity has merit, and so reverse the judgment and remand with directions to declare the statute valid as against the challenges tendered.

1. Legislative History

Statutes are presumed to be constitutional. State v. Newlon, 627 S.W.2d 606 (Mo. banc 1982), cert. denied 459 U.S. 884, 103 S.Ct. 185, 74 L.Ed.2d 149 (1982). In the leading recent case on the permissible scope of amendments during the course of legislation, Westin Crown Plaza Hotel Co. v. King, 664 S.W.2d 2 (Mo. banc 1984), this Court upheld the validity of a statute with a history similar to that of the statute now before us. House Bill 127, in its original form, prohibited insurance companies and health service corporations from discriminating against psychologists. Amendments were later added that provided broader anti-discriminatory measures. The amendments did not constitute a substantial departure from the original anti-discriminatory purpose. Amendments germane to the initial bill do not change its original purpose. State v. Ludwig, 322 S.W.2d 841 (Mo. banc 1959). Art. III, § 21 was not designed to inhibit the normal legislative processes, in which bills are combined and additions necessary to comply with the legislative intent are made. The plaintiffs have not met their rather substantial task of showing that the legislative history rendered the statute unconstitutional.

Plaintiff relies on Allied Mutual Ins. Co. v. Bell, 353 Mo. 891, 185 S.W.2d 4 (1945). This Court held that a statute was unconstitutional because it introduced a tax which was not within the purpose of the original bill. The Court emphasized that the original purpose of the bill was not included in the law as passed. The original House Bill 127 remained part of the final House Bill 127. The general purpose of the bill was not changed, but rather additions were made. The modification of the title to reflect the added provisions is permissible. Lincoln Credit Co. v. Peach, 636 S.W.2d 31 (Mo. banc 1982).

The title, also, is not constitutionally infirm. The title of the Original House Bill 127 read as follows:

An Act to repeal section 375.936 RSMo 1978, relating to the definition of unfair practices in the business of insurance, and to enact in lieu thereof one new section relating to the same subject. [Plaintiffs’ Exhibit 1.]
The title of the revised bill is as follows: An Act to repeal sections [listing sections] relating to the regulation of certain corporations and other organizations which provide services or coverage for certain health related risks, and to enact in lieu thereof ninety-five new sections relating to the same subject. [Plaintiffs’ Exhibit 4]. [Section numbers omitted].

We believe that the title fairly describes the subject matter of the adopted bill. A title need not give specific details of a bill. An announcement of the general subject matter is sufficient to give notice of the bill’s content. Downey v. Schrader, 353 Mo. 40, 182 S.W.2d 320 (Mo. banc 1944); Edwards v. B.M.A., 350 Mo. 666, 168 S.W.2d 82 (1942). The purpose of the “one subject” mandate is to give interested persons notice of the area of regulation to prevent deception through use of misleading titles, and to maintain the concept of germaneness. This requirement is satisfied if the title is sufficient to alert persons interested in the subject matter. Union Electric Co. v. Kirkpatrick, 606 S.W.2d 658 (Mo. banc 1980). The original title clearly applied to plaintiffs, for Section 375.932(3) provides that § 375.936 applies to Chapter 354 corporations. Plaintiffs had the opportunity for notice, at that point, that the bill was pending. The amended [930]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McEuen Ex Rel. McEuen v. Missouri State Board of Education
120 S.W.3d 207 (Supreme Court of Missouri, 2003)
HOME BUILDERS OF ASS'N OF GREATER ST. LOUIS v. State
75 S.W.3d 267 (Supreme Court of Missouri, 2002)
Missouri State Medical Ass'n v. Missouri Department of Health
39 S.W.3d 837 (Supreme Court of Missouri, 2001)
Riche v. Director of Revenue
987 S.W.2d 331 (Supreme Court of Missouri, 1999)
St. Louis Health Care Network v. State
968 S.W.2d 145 (Supreme Court of Missouri, 1998)
Casualty Reciprocal Exchange v. Missouri Employers Mutual Insurance Co.
956 S.W.2d 249 (Supreme Court of Missouri, 1997)
Cas. Reciprocal v. Mo. Emp. Mut. Ins.
956 S.W.2d 249 (Supreme Court of Missouri, 1997)
Stroh Brewery Co. v. State
954 S.W.2d 323 (Supreme Court of Missouri, 1997)
Home Builders Ass'n of Greater St. Louis v. City of St. Peters
868 S.W.2d 187 (Missouri Court of Appeals, 1994)
Blue Cross v. St. Mary's Hospital of Richmond, Inc.
426 S.E.2d 117 (Supreme Court of Virginia, 1993)
Mahoney v. Doerhoff Surgical Services, Inc.
807 S.W.2d 503 (Supreme Court of Missouri, 1991)
Harrell v. Total Health Care, Inc.
781 S.W.2d 58 (Supreme Court of Missouri, 1989)
AGI-Bluff Manor, Inc. v. Reagen
713 F. Supp. 1535 (W.D. Missouri, 1989)
Howard v. Blue Cross of Idaho Health Service, Inc.
757 P.2d 1204 (Idaho Court of Appeals, 1988)
Taylor v. Blue Cross/Blue Shield of New York
684 F. Supp. 1352 (E.D. Louisiana, 1988)
Blue Cross Hospital Service, Inc. v. Frappier
698 S.W.2d 326 (Supreme Court of Missouri, 1985)
BLUE CROSS HOSP. SERVICE, INC. v. Frappier
698 S.W.2d 326 (Supreme Court of Missouri, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
681 S.W.2d 925, 5 Employee Benefits Cas. (BNA) 2634, 1984 Mo. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-cross-hospital-service-inc-of-missouri-v-frappier-mo-1984.