Title XII — PUBLIC HEALTH AND WELFARE

198.112. Powers of receiver. — A receiver appointed under this section: (1) May exercise those powers and shall perform those duties set out by the court; (2) May, in his discretion, either: (a) Assume the role of administrator or manager and take control of all day-to-day operat…

198.115. Executory contracts, receiver not required to honor — when — hearing. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the facility's operator or administrator while acti…

198.118. Compensation of receiver. — The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership. ­­-------- (L. 1979 S.B. 328, et al. § 39) Effective 7-1-79

198.121. Bond of receiver. — A receiver may be required by the court to post a bond, which shall be considered a necessary expense of the receivership. ­­-------- (L. 1979 S.B. 328, et al. § 40) Effective 7-1-79

198.124. License may be issued to facility operated by receiver — duration. — Other provisions of sections 198.003 to 198.096 notwithstanding, the department may issue a license to a facility being operated by a receiver under sections 198.099 to 198.136. The duration of a licens…

198.128. Termination of receivership, when. — The court may terminate a receivership: (1) Upon a motion by any party to the petition, by the department, or by the receiver, and a finding by the court that the deficiencies and violations in the facility have been substantially eli…

198.132. Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment. — 1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the r…

198.136. Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved. — No operator or affiliate may be held liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership. Nothing…

198.139. Medicaid moneys not to be used for other purposes. — A health care provider or vendor shall not knowingly use any moneys paid to him under Medicaid for services provided to any resident for any purpose other than that permitted by the provisions of chapter 208 or state r…

198.142. Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments. — A health care provider or vendor shall not knowingly: (1) Make or cause to be made any false statement or representation of a material fact in any application for any…

198.145. Kickbacks, bribes and rebates prohibited, when. — A person shall not purposely solicit or receive any payment, including, without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind, from any vendor or health care pr…

198.148. Offering or making kickbacks, bribes or rebates prohibited, when. — A health care provider or vendor shall not purposely offer or make any payment, including without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kin…

198.151. Usual trade discounts and employment benefits not kickbacks, bribes or rebates. — Sections 198.145 and 198.148 do not apply to: (1) Any usual trade discount which is dependent solely upon time of payment or quantity buying to wholesalers which is obtained by a health car…

198.155. False statements by health care provider prohibited, when. — 1. A health care provider shall not knowingly make or cause to be made any false statement or representation of material fact in order to qualify either upon initial certification or upon recertification to rec…

198.158. Penalties for violation of sections 198.139 to 198.155. — 1. A person committing any act in violation of any provision of sections 198.139 to 198.155 is guilty of a class E felony. 2. A vendor or health care provider convicted of a criminal violation of sections 198.139 …

198.161. Fraud investigation division created — director — compensation — assistance by local prosecutors. — 1. There is hereby created within the department of social services a "Fraud Investigation Division". The fraud investigation division shall be headed by a division direct…

198.165. Medicaid payments stopped by division, when — hearing. — 1. When the director of the investigation division has probable cause to believe that a health care provider is committing any act or omission in violation of any provision of sections 198.139 to 198.186, he may pe…

198.168. Fraud investigation director may petition for appointment of receiver, when — court hearing. — If the director of the fraud investigation division has probable cause to believe that any acts or omissions in violation of sections 198.139 to 198.155 have been committed by …

198.171. Civil restitution of Medicaid funds, when. — The director of the fraud investigation division may seek civil restitution of any moneys dispensed under Medicaid for services provided to any resident or under section 208.030 which have been misappropriated, fraudulently ob…

198.174. Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties. — 1. For the purpose of any investigation or proceeding under sections 198.158 to 198.171, the director of fraud investigation or any …

198.177. Compelling of testimony — grant of immunity, when. — 1. In any investigation or proceeding under sections 198.139 to 198.186 in which any person has been or may be called to testify, produce evidence or provide other information by means of a subpoena or before a court o…

198.180. Audit and inspection of records, when — warrant. — During any investigation under sections 198.139 to 198.186, the director of the fraud investigation division shall have the right to audit and to inspect the records of any health care provider or vendor. If the health c…

198.183. State agencies and law enforcement officers to cooperate with fraud investigation division. — 1. All state agencies shall cooperate with the director of the fraud investigation division in his efforts to enforce the provisions of sections 198.139 to 198.186. All officers…

198.186. Local crime investigation powers not diminished. — The powers of the director of the fraud investigation division under sections 198.139 to 198.186 shall not diminish the powers of local authorities to investigate criminal conduct within their jurisdiction. ­­-------- (L…

198.187. Criminal background checks for residents permitted. — Any long-term care facility licensed under this chapter may request criminal background checks under chapter 43 of a resident in such facility. ­­-------- (L. 2009 H.B. 395)

198.189. Medicaid payment system for assisted living facilities to be implemented — options. — The department of social services, MO HealthNet division, and the department of health and senior services, division of senior and disability services shall work together to implement a…

198.200. District created, how — territory included — name — nursing home defined. — 1. A nursing home district may be created, incorporated and managed as provided in sections 198.200 to 198.350 and may exercise the powers herein granted or necessarily implied. A nursing home di…

198.210. Petition of voters for district, where filed, contents. — Whenever the creation of a nursing home district is desired, a number of voters residing in the proposed district equal to ten percent of the vote cast for governor in the proposed district in the next preceding g…

198.220. Notice of hearing on petition — costs of notice. — 1. Upon the filing of the petition with the county clerk, he shall present it to the commissioners of the county commission who shall thereupon set the petition for hearing within not less than thirty nor more than forty…

198.230. Procedure where several petitions filed — amendment. — If two or more petitions covering in part the same territory are filed prior to the public hearing upon the petition which is first filed, the petitions shall be consolidated for public hearing, and hearing thereon m…

198.240. If petition sufficient county commission to order election. — If the territory, petition and proceedings meet the requirements of sections 198.200 to 198.350, the commissioners of the county commission shall in and by the order finding and determining the sufficiency of …

198.250. Notice of election, contents. — Each notice shall state briefly the purpose of the election, setting forth the proposition to be voted upon and a description of the territory. The notice shall further state that any district upon its establishment shall have the powers, …

198.260. Form of ballot. — The question of whether or not a nursing home shall be organized shall be submitted in substantially the following form: Shall there be organized in the counties of ______ , state of Missouri, a nursing home district for the establishment and operation …

198.263. Increase in tax levy, procedure — ballot of submission, form. — Any district which has a lower tax levy than the maximum levy authorized by section 198.250 may increase its levy up to, but not in excess of, such maximum levy if a majority of the voters of the district wh…

198.270. Results of election to be filed. — The order determining and declaring results of the election shall be entered upon the records of the commission and a certified copy thereof shall be filed with the county clerk of each other county in which the proposed district lies w…

198.280. Election districts — election of directors — terms — qualifications — declaration of candidacy — appointed if no candidate — no election required when. — 1. After the nursing home district has been declared organized, the declaring county commission shall either: (1) Div…

198.290. Powers of board of directors — first meeting — officers — bylaws — time for meetings. — 1. The board of directors of a district shall possess and exercise all of its legislative and executive powers. Within thirty days after the election of the initial directors, the boa…

198.300. Powers of nursing home district. — 1. A nursing home district shall have and exercise the following governmental powers, and all other powers incidental, necessary, convenient or desirable to carry out and effectuate the express powers: (1) To establish and maintain a nu…

198.301. Whistleblower protection for employees — availability of information on rights of persons retaliated against. — No employee of a nursing home district who directs or exercises any authority in a facility shall evict, harass, dismiss, or retaliate against a resident or em…

198.305. Unsuitable site, may be changed, when. — 1. If, after acquiring a site for a nursing home or a nursing home, the board of the district by resolution determines that the site or nursing home acquired is unsuitable or unnecessary for the purpose, or it is in the best inter…

198.310. Indebtedness for nursing home — election — ballot — limits — tax to pay. — 1. For the purpose of purchasing nursing home district sites, erecting nursing homes and related facilities and furnishing the same, building additions to and repairing old buildings, the board of…

198.312. Revenue bonds authorized, when. — As an alternative to the authorization for an indebtedness provided by section 198.310, for the purpose of providing funds for the acquisition, construction, erection, equipment and furnishing of nursing homes and related facilities, and…

198.314. Revenue bonds not an indebtedness of the issuing authority. — Any bonds issued under and pursuant to sections 198.312 to 198.318 shall not be deemed to be an indebtedness of the state of Missouri, or of any city, or of the board of directors, or of the individual members…

198.316. Revenue bonds, form of, interest rate — to be negotiable instruments. — 1. Revenue bonds issued pursuant to the provisions of section 198.312 shall be of such denomination, shall bear such rate of interest not to exceed the highest rate permitted by law, and shall mature…

[Repealed or reserved.]

198.320. Annexation of territory to district — election. — 1. A petition for annexation of land to a nursing home district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and…

198.330. Records of district — officers and employees to give bond. — The board shall provide for the proper and safe keeping of its permanent records and for the recording of the corporate action of the district. It shall keep a true and accurate account of its receipts and an a…

198.340. Board as trustee may accept and hold property donated — duties. — Any person desiring to donate property for the benefit of a nursing home, constructed or to be constructed under sections 198.200 to 198.350, may vest title to the property so donated in the board of direc…

198.345. Apartments for seniors, districts may establish (counties of third and fourth classification). — Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining apartments for seniors that provide at a minimum housing and f…

198.350. Citation of law. — Sections 198.200 to 198.350 shall be known and may be referred to as "The Nursing Home District Law". ­­-------- (L. 1963 p. 368 § 1)