Mo. Code Regs. Ann. tit. 19, § 30-82.010
PURPOSE: This rule sets forth general licensure and application procedures and outlines the request for an exception procedure related to long-term care facility licensure.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Persons wishing to operate a skilled nursing facility, intermediate care facility, assisted living facility or residential care facility shall complete form MO 580-2631 (12-06), Application for License to Operate a Long-Term Care Facility, incorporated by reference in this rule and available through the Department of Health and Senior Services’ (department’s) website at www.dhss.mo.gov, or by mail at: Department of Health and Senior Services Warehouse, Attention General Services Warehouse, PO Box 570, Jefferson City, MO 65102-0570, telephone: (573) 526- 3861. This rule does not incorporate any subsequent amendments or additions. The completed application shall contain a statement that the information submitted is true and correct to the operator’s knowledge and belief and shall be signed under oath or affirmation before a notary public by a person with the express authority to sign on behalf of the operator. The completed application form shall be submitted to Fee Receipts, Section for Long Term Care, Department of Health and Senior Services, PO Box 570, 930 Wildwood, Jefferson City, MO 65109. One application may be used to license multiple facilities if located on the same premises.
(A) The applicant shall submit the following documents and information as listed in the application:
that the applicant has the financial capacity to operate the facility;
capacity and type of licensure and certification of any support buildings, wings or floors housing residents on the same or adjoining premises or plots of ground;
address and type of license of all other longterm care facilities owned or operated by either the applicant or by the owner of the facility for which the application is being submitted;
contracts between the applicant and the manager of the facility;
veying the legal right to the facility premises, including, but not limited to, leases, subleases, rental agreements, contracts for deed and any amendments to those contracts;
facility’s land, building, improvements, furnishings, fixtures or accounts receivable are pledged in whole or in part as security, if the value of the asset pledged is greater than five hundred dollars ($500);
cancelable escrow agreement, if the applicant holds or will hold facility residents’ personal funds in trust;
address, title and percentage of ownership of each affiliate of any general partnership, limited partnership, general business corporation, nonprofit corporation, limited liability company or governmental entity which owns or operates the facility or is an affiliate of an entity which owns or operates the facility. If an affiliate is a corporation, partnership, or LLC, a list of the affiliate’s affiliates must also be submitted. As used in this rule, the word “affiliate” means:
partner thereof;
ship, the general partner and each limited partner with an interest of five percent (5%) or more in the limited partnership;
person who owns, holds, or has the power to vote five percent (5%) or more of any class of securities issued by the corporation, and each officer and director;
managers and members with an interest of five percent (5%) or more;
name and nature of any additional businesses in operation on the facility premises and the 19 CSR 30-82
document issued by the division giving its prior written approval for each business;
tion of the facility and their addresses and titles and, so that the department may verify the information disclosed pursuant to paragraphs (1)(A)11. and (1)(A)12. of this rule, the Social Security numbers or employer identification numbers of the operator and all principals in the operation of the facility. As used in this rule, “principal” means officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities;
operator or any principals in the operation of the facility are excluded from participation in the Title XVIII (Medicare) or Title XIX (Medicaid) program of any state or territory;
operator or any principals in the operation of the facility have ever been convicted of a felony in any state or federal court concerning conduct involving either management of a long-term care facility or the provision or receipt of health care services; and
contact information for the facility administrator, director of nursing and the operator’s corporate office.
(B) Every facility that provides specialized Alzheimer’s or dementia care services, as defined in sections 198.500 to 198.515, RSMo, by means of an Alzheimer’s special care unit or program shall submit to the department with the licensure application or renewal, the following:
Special Care Services Disclosure (2-03), incorporated by reference in this rule and available through the department’s website: www.dhss.mo.gov, or by mail at: Department of Health and Senior Services Warehouse, Attention General Services Warehouse, PO Box 570, Jefferson City, MO 65102-0570, telephone: (573) 526-3861. This rule does not incorporate any subsequent amendments or additions. The form shall be completed showing how the care provided by the special care unit or program differs from care provided in the rest of the facility in the following areas:
unit’s or program’s written statement of its overall philosophy and mission which reflects the needs of residents afflicted with dementia;
ment in, or transfer or discharge from, the unit or program;
and establishment of the plan of care and its SENIOR SERVICES
implementation, including the method by which the plan of care evolves and is responsive to changes in condition;
cation practices;
design features appropriate to support the functioning of cognitively impaired adult residents;
activities;
the availability of family support programs;
tional fees; and
Alzheimer’s Special Care Unit (6/06) #455, incorporated by reference in this rule and available through the department’s website: at www.dhss.mo.gov, or by mail at: Department of Health and Senior Services Warehouse, Attention General Services Warehouse, PO Box 570, Jefferson City, MO 65102-0570, telephone: (573) 526-3861 or a document of choice which contains, but is not limited to all information on selecting an Alzheimer’s special care unit or program that is contained in the Guide to Selecting an Alzheimer’s Special Care Unit (12/03) #455. This rule does not incorporate any subsequent amendments or additions.
(C) If, after filing an application, the operator identifies an error or if any information changes the issuance of the license, the operator shall—
information to the department’s Licensure and Certification Unit in a letter accompanied by a notarized statement that the information being submitted is true and correct to the best of the operator’s knowledge and belief; or
information to the department’s Licensure and Certification Unit. Information shall be submitted using form MO 580-2623 (12-06), Corrections For Long-Term Care Facility License Application, incorporated by reference in this rule and available through the Department of Health and Senior Services’ (department’s) website at www.dhss.mo.gov, or by mail at: Department of Health and Senior Services Warehouse, Attention General Services Warehouse, PO Box 570, Jefferson City, MO 65102-0570, telephone: (573) 526-3861. This rule does not incorporate any subsequent amendments or additions. The completed application form shall be signed by a person with express authority to sign on behalf of the operator and shall be submitted to Fee Receipts, Section for Long-Term Care, Department of Health and Senior Services, PO Box 570, 930 Wildwood, Jefferson City, MO 65109.
(10) working days of receipt of the written request shall—
information to the department in a letter accompanied by a notarized statement that the information being submitted is true and correct to the best of the operator’s knowledge and belief; or
information using form MO 580-2623 (12- 06), Corrections For Long-Term Care Facility License Application referenced in paragraph (1)(C)2. of this rule.
(10) days of receipt by the department. The department will issue a license for a period of no more than two (2) years for the premises and operator named in the application. If the license is for less than two (2) years, the department will prorate the fees accordingly.
(J) An operator may apply for licenses for two (2) or more different levels of care located on the same premises either by submitting one (1) application or by submitting a separate application for each level of care. If an operator elects to submit one (1) application for two (2) or more levels of care located on the same premises—
rately the number of beds of each level of care being applied for;
by a license fee for each level of care applied for, as required by subsection (1)(I) of this rule; and
levels of care on the same premises shall indicate one (1) facility name only.
(1) expiration date. If two (2) or more levels of care have existing licenses with different expiration dates and the operator elects to apply for licenses for the levels of care by submitting one (1) relicensure application, the expiration dates of the licenses issued shall be two (2) years subsequent to the expiration date of the license of the level of care expiring earliest following receipt of the application by the department. Fees for unused portions of licenses resulting from the submission of one (1) application for two (2) or more levels of care are nonrefundable.
(L) After receiving a license application, the department shall review the application, investigate the applicant and the statements sworn to in the application for license and conduct any necessary inspections. A license shall be issued if—
the application is complete, and that all necessary documents have been filed with the application including an approved nursing home bond or noncancelable escrow agreement if personal funds of residents are held in trust;
the statements in the application are true and correct;
the facility and the operator are in substantial compliance with the provisions of sections 198.003–198.096, RSMo and the corresponding rules;
the applicant has the financial capacity to operate the facility;
administrator of a residential care facility that was licensed as a residential care facility II on August 27, 2006 and chooses to continue to meet all laws, rules and regulations that were in place on August 27, 2006 for a residential care facility II, assisted living facility, an intermediate care facility or a skilled nursing facility is currently licensed by the Missouri Board of Nursing Home Administrators under the provisions of Chapter 344, RSMo;
required by subsection (1)(I) of this rule;
operator as defined in 19 CSR 30-83.010;
cate of Need, if required, or has received a determination from the Certificate of Need Program that no certificate is required, has completed construction, and is in substantial compliance with the licensure rules and laws;
neither the operator, owner or any principals in the operation of the facility have ever been convicted of an offense concerning the operation of a long-term care facility or other health care facility or, while acting in a management capacity, ever knowingly acted or knowingly failed to perform any duty which materially and adversely affected the health, safety, welfare or property of a resident;
neither the operator, owner or any principals in the operation of the facility are excluded from participation in the Title XVIII (Medicare) or Title XIX (Medicaid) program of any state or territory;
neither the operator, owner or any principals in the operation of the facility have ever been convicted of a felony in any state or federal court concerning conduct involving either management of a long-term care facility or the provision or receipt of health care services; and
all fees due the state have been paid.
(10) working days of the effective date of the change, the operator shall—
Licensure and Certification Unit that contains a correction of the application with notification of the effective date of the change and a copy of any new documents. The operator must ensure the letter is accompanied by a notarized statement that the information being submitted is true and correct to the best of the operator’s knowledge and belief; or
of the application and a copy of any new documentation and information by submitting form Corrections for Long-Term Care Facility License Application referenced in paragraph (1)(C)2. of this rule.
(N) If from an analysis of financial information submitted with the application, or if from information obtained during the term of a license, the operator appears insolvent or a tendency toward insolvency, the department shall have the right to request additional financial information from the operator. Within ten (10) working days after receiving a written request from the department, the operator shall—
tional information requested in a letter accompanied by a notarized statement that the information being submitted is true and 19 CSR 30-82
correct to the best of the operator’s knowledge and belief; or
the department submitting form Corrections for Long-Term Care Facility License Application referenced in paragraph (1)(C)2. of this rule.
(O) A license applicant’s financial information, data and records submitted to the department as required by this rule, including, but not limited to, copies of any Internal Revenue Service forms, shall be open for inspection and be released only—
department;
mation or to his/her representative as designated in writing;
to his/her representative as designated in writing;
sentative as designated in writing;
General Assembly or their representatives as designated in writing;
ceeding brought under the Omnibus Nursing Home Act; or
petent jurisdiction.
(Q) To request issuance of an amended license or temporary operating permit currently in effect, the operator shall—
department containing the request for amendment, the date the operator would like the amendment to be effective, and the number of the license or temporary operating permit to be amended; and
amended license or temporary operating permit as required by subsection (1)(R) of this rule. SENIOR SERVICES
(R) If an operator initiates a request to amend a license or temporary operating permit currently in effect, the department requires the following fees:
capacity, the operator shall submit a fee with the request which is the greater of—
required by subsection (1)(I) of this rule if the increase in bed capacity has been included in the application, less any amount actually paid under that subsection; or
ident capacity or any other change, the operator shall submit a fee of twenty-five dollars ($25) with the request.
(2) If a facility was licensed under Chapter 197 or 198, RSMo and was in operation before September 28, 1979, or if an application was on file or construction plans were approved prior to September 28, 1979, the facility shall comply with construction, fire safety and physical plant rules applicable to an existing or existing licensed facility provided there has been continuous operation of the facility under a license or temporary operating permit issued by the division. If, however, there was an interruption in the operation of the facility due to license denial, license revocation or voluntary closure, the facility may be relicensed utilizing the same fire safety, construction and physical plant rules that were applicable prior to the license denial, license revocation or voluntary closure; provided that the facility reapplies for a license within one (1) year of the date of the denial, revocation or voluntary closure. Regardless of licensure, application, or construction plan approval date, intermediate care facilities and skilled nursing facilities shall comply with the fire safety standards published in 19 CSR 30-85.022.
(4) The department may grant exceptions for specified periods of time to any rule imposed by the department if the department has determined that the exception to the rule would not potentially jeopardize the health, safety or welfare of any residents of a longterm care facility.
(A) The owner or operator of the facility shall make requests for exceptions in writing to the director of the department. These requests shall contain—
Deficiencies which shows a violation of the rule being cited, if the exception request is being made as a result of a deficiency issued during an inspection of the facility;
rule being cited;
compliance with the rule would impose an undue hardship on the operator, including an estimate of any additional cost that might be involved;
factors that may be relevant; and
vidual characteristics of the facility or residents, or of any other factors that would safeguard the health, safety and welfare of the residents if the exception were granted.
(5) When the department issues a notice of noncompliance to a facility pursuant to the Omnibus Nursing Home Act (section 198.026, RSMo), the department, only after affording the facility operator a reasonable opportunity to remedy the situation, shall—
(A) Make every reasonable effort to provide residents of the facility or their legally authorized representatives or designees, if any—
ance;
appropriate to the resident’s needs; and
resident if he/she moves from the facility; and
(7) The department shall make available to interested individuals without charge a single copy of—
AUTHORITY: Executive Order 77-9 of the Governor filed Jan. 31, 1979, effective Sept. 28, 1979, sections 198.018, 198.076, 198.079 and 198.515, RSMo 2000 and 198.005, 198.022 and 198.073, RSMo Supp. 2006.* This rule was originally filed as 13 CSR 15-10.010. Emergency rule filed Aug. 13, 1979, effective Oct. 1, 1979, expired Jan. 25, 1980. Original rule filed Aug. 13, 1979, effective Dec. 13, 1979. Emergency amendment filed Oct. 15, 1980, effective Oct. 25, 1980, expired Feb. 26, 1981. Amended: Filed Dec. 10, 1980, effective May 11, 1981. Amended: Filed Dec. 7, 1981, effective May 11, 1982. Amended: Filed March 15, 1983, effective July 11, 1983. Amended: Filed July 13, 1983, effective Oct. 11, 1983. Amended: Filed Sept. 12, 1984, effective Dec. 11, 1984. Amended: Filed June 17, 1986, effective Oct. 24, 1986. Amended: Filed Aug. 1, 1988, effective Nov. 10, 1988. Emergency amendment filed Aug. 14, 1992, effective Aug. 28, 1992, expired Dec. 25, 1992. Rescinded and readopted: Filed April 14, 1993, effective 19 CSR 30-82 Oct. 10, 1993. Amended: Filed Feb. 13, 1998, effective Sept. 30, 1998. Moved to 19 CSR 30-82.010, effective Aug. 28, 2001. Amended: Filed Aug. 23, 2006, effective April 30, 2007.
*Original authority 198.005, RSMo 2006; 198.018, RSMo 1979, amended 1984, 1987, 1988, 1994; 198.022, RSMo 1979, amended 1984, 1988, 1994, 2003; 198.073, RSMo 1979, amended 1984, 1992, 1999, 2006; 198.076, RSMo 1979, amended 1984; 198.079, RSMo 1979; and 198.515, RSMo1996.