Title XII — PUBLIC HEALTH AND WELFARE

197.270. Promulgation of rules, procedure. — The department shall promulgate rules as provided in section 197.080 and chapter 536 to effectuate the provisions of sections 197.250 to 197.280. ­­-------- (L. 1992 H.B. 899 § 11, A.L. 1993 S.B. 52)

197.272. State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties. — 1. There is hereby established a "State Hospice Advisory Council" which shall guide, advise and make recommendations to the department of h…

197.274. Action to enjoin violations, where filed. — The department may file an action to enjoin any violation of sections 197.250 to 197.280, or of the rules made pursuant thereto, or both. Such action shall be filed in the circuit court of the county in which such hospice has i…

197.276. Violations, penalty. — Any person who violates any provision of sections 197.250 to 197.280 shall be guilty of a class A misdemeanor, except as otherwise provided in section 197.266. ­­-------- (L. 1992 H.B. 899 § 14)

197.278. Department responsibility for inspection and certification. — Any provision of chapter 198 to the contrary notwithstanding, the department shall have sole authority and responsibility for inspection and certification of hospices in this state, including, but not limited …

197.280. Order authorizing entry for survey, grounds for. — Whenever the department has reasonable grounds to believe that a hospice required to be certificated under sections 197.250 to 197.280 is operating without a certificate, and the department is not permitted access to sur…

197.285. Protections for hospital, ambulatory surgical center, and abortion facility employees for certain disclosures — written policy required — procedures for disclosure — anonymous reports. — 1. Hospitals, ambulatory surgical centers, and abortion facilities shall establish a…

197.287. Training programs related to quality of patient care and safety required — standards developed by department of health and senior services. — By July 1, 2001, all hospitals and ambulatory surgical centers, and by July 1, 2018, all abortion facilities shall provide traini…

197.289. Adequate nurse staffing, methodology required, minimum requirements. — 1. All hospitals, ambulatory surgical centers, and abortion facilities shall develop and implement a methodology which ensures adequate nurse staffing that will meet the needs of patients. At a minimu…

197.293. Licensure regulations, standards used by the department of health and senior services for enforcement. — 1. In addition to the powers established in sections 197.070 and 197.220, the department of health and senior services shall use the following standards for enforcing…

197.294. Use of certain information to establish standard of care prohibited in private civil actions. — No information disclosed by the department to the public pursuant to sections 192.019, 192.020, 192.067, 192.131, 192.138, 192.665, and 192.667, and sections 197.150, 197.152,…

197.295. Licensure enforcement, appeals, procedure. — 1. A hospital, ambulatory surgical center, or abortion facility aggrieved by a decision of the department pursuant to the provisions of paragraph (b) of subdivision (2) and subdivisions (3), (4) and (5) of subsection 1 of sect…

197.297. Rulemaking authority, department of health and senior services. — 1. The department of health and senior services may adopt rules necessary to implement the provisions of sections 197.287 to 197.297. 2. No rule or portion of a rule promulgated pursuant to the authority o…

197.300. Citation of law. — Sections 197.300 to 197.366 shall be known as the "Missouri Certificate of Need Law". ­­-------- (L. 1979 H.B. 222 § 1, A.L. 1996 H.B. 1362) Effective 7-12-96

197.305. Definitions. — As used in sections 197.300 to 197.366, the following terms mean: (1) "Affected persons", the person proposing the development of a new institutional health service, the public to be served, and health care facilities within the service area in which the p…

197.310. Review committee, members, terms, compensation, duties. — 1. The "Missouri Health Facilities Review Committee" is hereby established. The agency shall provide clerical and administrative support to the committee. The committee may employ additional staff as it deems nece…

197.311. Political contributions to committee members by applicants prohibited. — No member of the Missouri health facilities review committee may accept a political donation from any applicant for a license. ­­-------- (L. 1994 H.B. 1408 § 1) Effective 6-3-94

197.312. Certificate of need not required for St. Louis residential care facilities and assisted living facilities — certain other facilities, certificate not required. — A certificate of need shall not be required for any institution previously owned and operated for or in behal…

*197.315. Certificate of need granted, when — forfeiture, grounds — application for certificate, fee — certificate not required, when. — 1. Any person who proposes to develop or offer a new institutional health service within the state must obtain a certificate of need from the c…

197.316. Certificate of need not required for nursing homes treating only AIDS patients — violations, penalty. — 1. The provisions of subsection 10 of section 197.315 and sections 197.317 and 197.318 shall not apply to facilities which are licensed pursuant to the provisions of c…

197.318. Licensed and available, defined — review of letters of intent — application of law in pending court cases — expansion procedures. — 1. As used in this section, the term "licensed and available" means beds which are actually in place and for which a license has been issue…

197.320. Rules and regulations. — The committee shall have the power to promulgate reasonable rules, regulations, criteria and standards in conformity with this section and chapter 536 to meet the objectives of sections 197.300 to 197.366 including the power to establish criteria…

197.325. Submission of applications. — Any person who proposes to develop or offer a new institutional health service shall submit a letter of intent to the committee at least thirty days prior to the filing of the application. ­­-------- (L. 1979 H.B. 222 § 6, A.L. 1999 S.B. 326…

197.326. Lobbyist and interest registration required, when, contents, penalty — general assembly member prohibited from accepting contributions, when — certain persons may not offer gifts, when, penalty. — 1. Any person who is paid either as part of his or her normal employment o…

197.327. Certificate issued for additional beds for Medicaid patients, use for nonMedicaid patients, penalty — procedure to collect. — 1. If a facility is granted a certificate of need pursuant to sections 197.300 to 197.365 based on an application stating a need for additional M…

197.330. Duties of review committee. — 1. The committee shall: (1) Notify the applicant within fifteen days of the date of filing of an application as to the completeness of such application; (2) Provide written notification to affected persons located within this state at the be…

197.335. Appeals, venue. — Within thirty days of the decision of the committee, the applicant may file an appeal to be heard de novo by the administrative hearing commissioner, the circuit court of Cole County or the circuit court in the county within which such health care servi…

197.340. Notices to committee. — Any health facility providing a health service must notify the committee of any discontinuance of any previously provided health care service, a decrease in the number of licensed beds by ten percent or more, or the change in licensure category fo…

197.345. Actions taken prior to October 1, 1980, not affected. — Any health facility with a project for facilities or services for which a binding construction or purchase contract has been executed prior to October 1, 1980, or health care facility which has commenced operations …

197.355. Certificate required before funds may be appropriated. — The legislature may not appropriate any money for capital expenditures for health care facilities until a certificate of need has been issued for such expenditures. ­­-------- (L. 1979 H.B. 222 § 12) Effective 10-1…

197.357. Reimbursement for project cost-overrun in excess of ten percent, eligible when — requirements. — For the purposes of reimbursement under section 208.152, project costs for new institutional health services in excess of ten percent of the initial project estimate whether …

197.366. Health care facilities defined. — The term "health care facilities" in sections 197.300 to 197.366 shall mean: (1) Facilities licensed under chapter 198; (2) Long-term care beds in a hospital as described in subdivision (3) of subsection 1 of section 198.012; (3) Long-te…

197.367. Licensed bed limitation imposed, when. — Upon application for renewal by any residential care facility or assisted living facility which on the effective date of this act has been licensed for more than five years, is licensed for more than fifty beds and fails to mainta…

197.400. Definitions. — As used in sections 197.400 to 197.475, unless the context otherwise requires, the following terms mean: (1) "Council", the home health services advisory council created by sections 197.400 to 197.475; (2) "Department", the department of health and senior …

197.405. Home health agencies, license required. — No home health agency, including Medicare and Medicaid providers, shall provide two or more of the home health services covered by subdivision (4) of section 197.400 or shall hold itself out as providing such home health services…

[Repealed or reserved.]

197.415. License issued or renewed, requirements. — 1. The department shall review the applications and shall issue a license to applicants who have complied with the requirements of sections 197.400 to 197.475 and have received approval of the department. 2. A license shall be r…

197.416. Out-of-state applicants for licensure, compliance history may be requested. — Whenever the department is inspecting a home health agency in response to an application from an applicant located outside of Missouri not previously licensed by the department, the department …

197.420. License not transferable or assignable on sale or transfer of ownership — new application, requirement — temporary license, when. — A license shall not be transferable or assignable. When a home health agency is sold or ownership or management is transferred, or the corp…

197.425. Survey inspections by department, when. — In addition to the survey inspection required for licensing or license renewal, the department may make other survey inspections during normal business hours. Each home health agency shall allow the department or its authorized r…

197.430. Report on survey, list of deficiencies, content — plan of correction filed with department — resurvey and administrative review procedure. — After completion of each department survey, a written report of the findings with respect to compliance or noncompliance with the …

197.435. Complaint procedure. — Any person wishing to make a complaint against a home health agency licensed under the provisions of sections 197.400 to 197.475 may file the complaint in writing with the department setting forth the details and facts supporting the complaint. If …

197.440. Refusal to issue, suspension or revocation of license, grounds — right to administrative review. — 1. The department shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to comply with any provision of sections 197.400 …

197.445. Rules and regulations, procedure. — 1. The department may adopt reasonable rules and standards necessary to carry out the provisions of sections 197.400 to 197.477. The rules and standards adopted shall not be less than the standards established by the federal government…

197.450. Home health services advisory council — members — terms, qualifications — appointment — vacancies — expenses. — 1. There is hereby created the "Home Health Services Advisory Council", which shall guide, advise and make recommendations to the department relating to the ru…

197.455. Injunctions, venue. — The department may file an action in the circuit court for the county in which any home health agency alleged to be violating the provisions of sections 197.400 to 197.475 resides or may be found for an injunction to restrain the home health agency …

197.460. Exempt persons and religious organizations. — 1. The provisions of sections 197.400 to 197.475 shall not apply to individuals who personally provide one or more home health services if such persons are not under the direct control and doing work for and employed by a hom…

197.465. Funds to be deposited in general revenue. — All funds received by the department under the provisions of sections 197.400 to 197.475 shall be deposited in the state treasury to the credit of general revenue. ­­-------- (L. 1983 H.B. 51 § 13)

197.470. Reports or investigations open to public, exception — requests for material, procedure, fee. — All reports or documents collected by the department, or findings and decisions made by the department, under the provisions of sections 197.400 to 197.475, unless declared to …

197.475. Violations, penalty. — Any person who violates any of the provisions of sections 197.400 to 197.475 is guilty of a class A misdemeanor and, upon conviction, shall be punished as provided by law. ­­-------- (L. 1983 H.B. 51 § 15)