Mo. Rev. Stat. ch. 198 – Nursing Homes and Facilities | Midpage

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Revised Statutes of Missouri

Chapter 198

Mo. Rev. Stat. ch. 198

Nursing Homes and Facilities

198.003Citation of law 198.005Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes 198.006Definitions 198.009Department to administer — promulgation of rules, procedure — cooperation of other agencies 198.012Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed 198.015License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation 198.016Information on home- and community-based services to be provided prior to admission 198.018Applications for license, how made — fees — affidavit — documents required to be filed — nursing facility quality of care fund created — facilities may not be licensed by political subdivisions, but they may inspect 198.022Licensure applications, department duties — department may copy records at its expense — removal of records prohibited — inspection, when — court order to inspect — out-of-state applicants, compliance history may be requested 198.026Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license 198.027On-site revisit not required, when 198.029Noncompliance — notice to operator and public, when — notice of noncompliance posted 198.030Posting of inspection reports at the facility 198.032Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect, procedure — hotline caller log to be maintained 198.036Revocation of license — grounds — notice required 198.039License refused or revoked — review by administrative hearing commission — judicial review 198.042Medical supervision for residents relying on spiritual healing not required 198.045Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection 198.048Different classifications of facility may exist on same premises, when 198.052Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when 198.053Assisted living facilities, notification of posting of latest Vaccine Informational Sheet 198.054Influenza vaccination for employees, facilities to assist in obtaining 198.055Inspection by department valid for certain mental health patients, when 198.058Certain facilities exempt from construction standards, when 198.061Penalty for providing services without license — penalty for interfering with enforcement of law 198.064Duplicate payments — how determined — procedures for repayment 198.066Sanctions for violations authorized 198.067Noncompliance with law — injunction, when — civil penalties, how calculated, where deposited 198.069Resident returned to facility from a medical facility, physician orders, duty of facility 198.070Abuse or neglect of residents — reports, when, by whom — contents of report — failure to report, penalty — investigation, referral of complaint, removal of resident — confidentiality of report — immunity, exception — prohibition against retaliation — penalty — employee list — self-reporting of incidents, investigations, when 198.071Death of a resident, persons to contact prior to transfer of deceased 198.073Persons eligible for care in residential care facility or assisted living facility — assisted living facility licenses granted, requirements — facility admission, requirements, disclosures — rulemaking authority 198.074Sprinkler system requirements — fire alarm system requirements 198.075Fire safety standards loan fund created, use of moneys 198.076Department of social services to establish standards and regulations for residential care facilities and assisted living facilities 198.077Department to maintain facility compliance records 198.079Department to establish standards and regulations for intermediate care and skilled nursing facilities 198.080Assessment procedures developed — rulemaking authority 198.082Nursing assistant training programs, requirements — training incomplete, special requirements and supervision for assistant beginning duties — competency evaluation — additional training 198.085Categories of standards for each type of licensed facility 198.087Uniformity of application of regulation standards, department's duties 198.088Facilities to establish policies and procedures, scope, content — rights of residents — complaint — procedure 198.090Personal possessions may be held in trust, requirements, disposal of — written statements required when, penalty — prohibitions, penalties — misappropriation, report, investigation — employee disqualification list 198.093Violations of resident's rights — complaints — legal action — damages 198.096Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow 198.097Misappropriation of funds of elderly or disabled nursing home residents, penalty 198.099Petition for appointment of receiver — when 198.103Department may appoint monitor 198.105Petition for appointment of receiver, contents — hearing — appointment of receiver 198.108Ex parte appointment of receiver in emergency, when — notice — hearing 198.112Powers of receiver 198.115Executory contracts, receiver not required to honor — when — hearing 198.118Compensation of receiver 198.121Bond of receiver 198.124License may be issued to facility operated by receiver — duration 198.128Termination of receivership, when 198.132Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment 198.136Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved 198.139Medicaid moneys not to be used for other purposes 198.142Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments 198.145Kickbacks, bribes and rebates prohibited, when 198.148Offering or making kickbacks, bribes or rebates prohibited, when 198.151Usual trade discounts and employment benefits not kickbacks, bribes or rebates 198.155False statements by health care provider prohibited, when 198.158Penalties for violation of sections 198.139 to 198.155 198.161Fraud investigation division created — director — compensation — assistance by local prosecutors 198.165Medicaid payments stopped by division, when — hearing 198.168Fraud investigation director may petition for appointment of receiver, when — court hearing 198.171Civil restitution of Medicaid funds, when 198.174Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties 198.177Compelling of testimony — grant of immunity, when 198.180Audit and inspection of records, when — warrant 198.183State agencies and law enforcement officers to cooperate with fraud investigation division 198.186Local crime investigation powers not diminished 198.187Criminal background checks for residents permitted 198.189Medicaid payment system for assisted living facilities to be implemented — options 198.200District created, how — territory included — name — nursing home defined 198.210Petition of voters for district, where filed, contents 198.220Notice of hearing on petition — costs of notice 198.230Procedure where several petitions filed — amendment 198.240If petition sufficient county commission to order election 198.250Notice of election, contents 198.260Form of ballot 198.263Increase in tax levy, procedure — ballot of submission, form 198.270Results of election to be filed 198.280Election districts — election of directors — terms — qualifications — declaration of candidacy — appointed if no candidate — no election required when 198.290Powers of board of directors — first meeting — officers — bylaws — time for meetings 198.300Powers of nursing home district 198.301Whistleblower protection for employees — availability of information on rights of persons retaliated against 198.305Unsuitable site, may be changed, when 198.310Indebtedness for nursing home — election — ballot — limits — tax to pay 198.312Revenue bonds authorized, when 198.314Revenue bonds not an indebtedness of the issuing authority 198.316Revenue bonds, form of, interest rate — to be negotiable instruments 198.318Board of directors to prescribe form, make necessary covenants, restrictions — bondholders, remedies of — revenue bonds, not to be exclusive method of financing 198.320Annexation of territory to district — election 198.330Records of district — officers and employees to give bond 198.340Board as trustee may accept and hold property donated — duties 198.345Apartments for seniors, districts may establish (counties of third and fourth classification)198.350Citation of law 198.360Dissolution of district 198.401Nursing facility reimbursement allowance, definitions 198.403Formula set forth in rules 198.406Records required, transmittal to department — elements of report, determinations 198.409Determination of amount due — notification, payments — offset allowed 198.412Finality of determination, protest — hearing, reconsideration, appeal 198.416Forms and content set forth in rule 198.418Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions 198.421Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license 198.424No effect upon tax-exempt status 198.427Medicaid provider agreements, payments, rate, computation 198.428Medicaid eligibility presumed pending approval or denial of application, when 198.431Contingent application of requirements — disbursement of fund, when 198.433Imposition of allowance, when 198.436Rules, regulations, promulgation, procedure 198.439Expiration date 198.500Citation of law 198.505Definitions 198.510Disclosure required, by whom — licensing department, duties — department of health and senior services, duties 198.515Alzheimer's facilities, informational documents required — department, duties — licensing department, verification 198.525Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when 198.526Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation 198.527Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards 198.528Long-term care facility information to be provided on department internet website 198.530Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included 198.532Investigation of complaints — results provided, when 198.533Conflict of interest, state investigators 198.534Rulemaking authority 198.545Definitions — contracting with third parties — department to establish IDR process, procedures — rulemaking authority 198.610Citation of law — definitions 198.612Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority 198.614Unauthorized placement of electronic monitoring device — immunity from liability, when 198.616Acknowledgment form, contents 198.618Resident sole authority to request monitoring — exception for lack of capacity, requirements 198.620Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when 198.622Facility to permit monitoring, requirements 198.624Abuse or neglect of resident, use of footage, reporting requirements 198.626Admissibility of footage in court or administrative proceeding, when 198.628Notice of electronic monitoring to be posted 198.630Sanctions, when — administrative penalty, when 198.632Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when 198.640Definitions 198.642Supplemental health care services agency, registration required — procedure 198.644Agency criteria — revocation and nonrenewal of registration, when — appeal procedure 198.646Complaints, reporting system 198.648Rulemaking authority