Title XII — PUBLIC HEALTH AND WELFARE
25 chapters · 1,994 sections in this title.
§ 198.360 RSMo Dissolution of district
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198.360. Dissolution of district. — In any nursing home district created under the provisions of sections 198.200 to 198.350 which is not operating a nursing home, and in which the voters of the district have on three separate occasions refused to approve a bond issue for the con…
§ 198.401 RSMo Nursing facility reimbursement allowance, definitions
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198.401. Nursing facility reimbursement allowance, definitions. — 1. Each nursing facility, except for state-owned and -operated facilities, shall, in addition to all other fees and taxes now required or paid, pay a nursing facility reimbursement allowance for the privilege of en…
§ 198.403 RSMo Formula set forth in rules
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198.403. Formula set forth in rules. — Each nursing facility's reimbursement allowance shall be based on a formula set forth in rules and regulations promulgated by the department of social services as provided in section 198.436. -------- (L. 1994 H.B. 1362 § 2) Expires 9-30-2…
§ 198.406 RSMo Records required, transmittal to department — elements of report,
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198.406. Records required, transmittal to department — elements of report, determinations. — 1. Each nursing facility shall keep such records as may be necessary to determine the amount of its reimbursement allowance. On or before the first day of October of each year, every nurs…
§ 198.409 RSMo Determination of amount due — notification, payments — offset allowed
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198.409. Determination of amount due — notification, payments — offset allowed. — 1. The director of the department of social services shall make a determination as to the amount of nursing facility reimbursement allowance due from each nursing facility. 2. The director of the de…
§ 198.412 RSMo Finality of determination, protest — hearing, reconsideration, appeal
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198.412. Finality of determination, protest — hearing, reconsideration, appeal. — 1. Each nursing facility reimbursement allowance determination shall be final after receipt of written notice from the department of social services, unless the nursing facility files a protest with…
§ 198.416 RSMo Forms and content set forth in rule
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198.416. Forms and content set forth in rule. — The director of the department of social services shall prescribe by rule the form and content of any document required to be filed pursuant to the provisions of sections 198.401 to 198.436. -------- (L. 1994 H.B. 1362 § 6) Expire…
§ 198.418 RSMo Remittance of amount — nursing facility reimbursement allowance fund,
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198.418. Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions. — 1. The nursing facility reimbursement allowance owed or, if an offset has been requested, the balance, if any, af…
§ 198.421 RSMo Allowance period, notification by department, delinquent allowance — lien,
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198.421. Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license. — 1. A nursing facility reimbursement allowance period as provided in sections 198.401 to 198.436 shall be from the first day of October to the thirti…
§ 198.424 RSMo No effect upon tax-exempt status
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198.424. No effect upon tax-exempt status. — Nothing in sections 198.401 to 198.436 shall be deemed to affect or in any way limit the tax-exempt or nonprofit status of any nursing facility granted by state law. -------- (L. 1994 H.B. 1362 § 9) Expires 9-30-29; see § 198.439
§ 198.427 RSMo Medicaid provider agreements, payments, rate, computation
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198.427. Medicaid provider agreements, payments, rate, computation. — The department of social services shall make payments to those nursing facilities that have a valid Medicaid provider agreement with the department. Any per diem rate, or its equivalent, used to compute such pa…
§ 198.428 RSMo Medicaid eligibility presumed pending approval or denial of application, when
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198.428. Medicaid eligibility presumed pending approval or denial of application, when. — If the family support division is unable to make a determination regarding Medicaid eligibility for a resident within sixty days of the submission of a completed application for medical assi…
§ 198.431 RSMo Contingent application of requirements — disbursement of fund, when
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198.431. Contingent application of requirements — disbursement of fund, when. — The requirements of sections 198.401 to 198.433 shall apply only as long as the revenues generated under section 198.401 are eligible for federal financial participation as provided in sections 198.40…
§ 198.433 RSMo Imposition of allowance, when
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198.433. Imposition of allowance, when. — The nursing home reimbursement allowance provided in section 198.401 shall not be imposed prior to the effective date of rules and regulations promulgated by the department of social services, but in no event prior to October 1, 1994. -…
§ 198.436 RSMo Rules, regulations, promulgation, procedure
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198.436. Rules, regulations, promulgation, procedure. — No regulations implementing sections 198.401 to 198.436 may be filed with the secretary of state without first being provided to interested parties registered on a list of such parties to be maintained by the director of the…
§ 198.439 RSMo Expiration date
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198.439. Expiration date. — Sections 198.401 to 198.436 shall expire on September 30, 2029. -------- (L. 1994 H.B. 1362 § 14, A.L. 1996 S.B. 952, A.L. 1999 S.B. 326, A.L. 2002 H.B. 1781 merged with S.B. 1094, A.L. 2005 S.B. 189, A.L. 2006 S.B. 822, A.L. 2007 S.B. 4, A.L. 2011 S…
§ 198.500 RSMo Citation of law
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198.500. Citation of law. — Sections 198.500 to 198.515 shall be known and may be cited as the "Alzheimer's Special Care Disclosure Act". -------- (L. 1996 H.B. 781 § 1)
§ 198.505 RSMo Definitions
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198.505. Definitions. — For the purposes of sections 198.500 to 198.515, "Alzheimer's special care unit" or "Alzheimer's special care program" means any facility as defined in section 198.006, or any home health agency, adult day care center, hospice or adult foster home that loc…
§ 198.510 RSMo Disclosure required, by whom — licensing department, duties — department of
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198.510. Disclosure required, by whom — licensing department, duties — department of health and senior services, duties. — 1. Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's spe…
§ 198.515 RSMo Alzheimer's facilities, informational documents required — department,
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198.515. Alzheimer's facilities, informational documents required — department, duties — licensing department, verification. — Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's sp…
§ 198.525 RSMo Inspection of certain long-term care facilities, when — restrictions on
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198.525. Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when. — 1. In order to comply with sections 198.012 and 198.022, the department of health and senior services…
§ 198.526 RSMo Annual inspections — reevaluation of inspection process — disclosure of
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198.526. Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation. — 1. The department of health and senior services shall inspect all facilities licensed by the department at least once each year. Such inspections…
§ 198.527 RSMo Inspectors and surveyors of long-term care facilities — uniformity of
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198.527. Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards. — To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of health and senior services shall:…
§ 198.528 RSMo Long-term care facility information to be provided on department internet
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198.528. Long-term care facility information to be provided on department internet website. — 1. The department of health and senior services shall provide through its internet website: (1) The most recent survey of every long-term care facility licensed in this state and any suc…
§ 198.530 RSMo Managed care services provided in long-term care facilities, when,
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198.530. Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included. — 1. If an enrollee in a managed care organization is also a resident in a long-term care facility licensed pursuant to chapter 198, or a continuing ca…
§ 198.532 RSMo Investigation of complaints — results provided, when
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198.532. Investigation of complaints — results provided, when. — 1. Complaints filed with the department of health and senior services against a long-term care facility which allege that harm has occurred or is likely to occur to a resident or residents of the facility due to act…
§ 198.533 RSMo Conflict of interest, state investigators
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198.533. Conflict of interest, state investigators. — The division shall ensure that any monitor selected to perform state investigations of long-term care facilities has no conflict of interest, and has no direct or indirect connection to the facility or its parent corporation. …
§ 198.534 RSMo Rulemaking authority
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198.534. Rulemaking authority. — In consultation with consumers, providers and others, the division shall promulgate rules and regulations to implement the provisions of this section and sections 198.080, 198.086, 198.526, 198.532 and 198.533. Any rule or portion of a rule, as th…
§ 198.545 RSMo Definitions — contracting with third parties — department to establish IDR
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198.545. Definitions — contracting with third parties — department to establish IDR process, procedures — rulemaking authority. — 1. This section shall be known and may be cited as the "Missouri Informal Dispute Resolution Act". 2. As used in this section, the following terms sha…
§ 198.610 RSMo Citation of law — definitions
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198.610. Citation of law — definitions. — 1. The provisions of sections 198.610 to 198.632 shall be known and may be cited as the "Authorized Electronic Monitoring in Long-Term Care Facilities Act". 2. For purposes of sections 198.610 to 198.632, the following terms shall mean: (…
§ 198.612 RSMo Placement of electronic monitoring device — immunity from liability, when —
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198.612. Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority. — 1. Residents of long-term care facilities in this state shall have the right to place in the resident's room an authorized electronic monitor…
§ 198.614 RSMo Unauthorized placement of electronic monitoring device — immunity from
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198.614. Unauthorized placement of electronic monitoring device — immunity from liability, when. — 1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if: (1) The place…
§ 198.616 RSMo Acknowledgment form, contents
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198.616. Acknowledgment form, contents. — Each facility shall use an electronic monitoring device acknowledgment form developed by the department and adopted by regulation. The form shall be offered to any resident or resident's guardian or legal representative upon request. The …
§ 198.618 RSMo Resident sole authority to request monitoring — exception for lack of
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198.618. Resident sole authority to request monitoring — exception for lack of capacity, requirements. — 1. If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized ele…
§ 198.620 RSMo Request procedure — form, contents — consent requirements — recordkeeping
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198.620. Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when. — 1. A resident or the guardian or legal representative of a resident who wishes to conduct authorized electronic monitoring shall make the request to the fa…
§ 198.622 RSMo Facility to permit monitoring, requirements
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198.622. Facility to permit monitoring, requirements. — 1. A facility shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of electronic monitoring devices. 2. The facility shall require a resident who cond…
§ 198.624 RSMo Abuse or neglect of resident, use of footage, reporting requirements
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198.624. Abuse or neglect of resident, use of footage, reporting requirements. — 1. If a resident who has capacity to determine that he or she has been abused or neglected and who is conducting electronic monitoring under sections 198.610 to 198.632 gives footage made by the elec…
§ 198.626 RSMo Admissibility of footage in court or administrative proceeding, when
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198.626. Admissibility of footage in court or administrative proceeding, when. — 1. Subject to applicable rules of evidence and procedure and the requirements of this section, footage created through the use of unauthorized or authorized electronic monitoring described by section…
§ 198.628 RSMo Notice of electronic monitoring to be posted
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198.628. Notice of electronic monitoring to be posted. — Each facility shall post a notice at the entrance to the facility stating that the rooms of some residents may be monitored electronically by, or on behalf of, the residents and that the monitoring is not necessarily open a…
§ 198.630 RSMo Sanctions, when — administrative penalty, when
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198.630. Sanctions, when — administrative penalty, when. — 1. The department may impose appropriate sanctions under this chapter on an administrator of a facility who knowingly: (1) Refuses to permit a resident or the resident's guardian or legal representative to conduct authori…
§ 198.632 RSMo Unauthorized acts, electronic monitoring devices and data — penalties —
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198.632. Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. — 1. A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with sections 198…
§ 198.640 RSMo Definitions
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198.640. Definitions. — As used in sections 198.640 to 198.648, the following terms shall mean: (1) "Controlling person", a business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a supplemental he…
§ 198.642 RSMo Supplemental health care services agency, registration required — procedure
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198.642. Supplemental health care services agency, registration required — procedure. — 1. A person who operates a supplemental health care services agency shall register annually with the department. Each separate business location of the agency shall have a separate registratio…
§ 198.644 RSMo Agency criteria — revocation and nonrenewal of registration, when — appeal
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198.644. Agency criteria — revocation and nonrenewal of registration, when — appeal procedure. — 1. Each registered supplemental health care services agency shall be required, as a condition of registration, to meet the following minimum criteria, which may be supplemented by rul…
§ 198.646 RSMo Complaints, reporting system
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198.646. Complaints, reporting system. — The department shall establish a system for reporting complaints against a supplemental health care services agency or its health care personnel. Complaints may be made by any member of the public. The department shall investigate any comp…
§ 198.648 RSMo Rulemaking authority
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198.648. Rulemaking authority. — The department shall promulgate rules to implement the provisions of sections 198.640 to 198.648. 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…