Title XII, PUBLIC HEALTH AND WELFARE

198.012. Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed. — 1. The provisions of sections 198.003 to 198.136 shall not apply to any of the following entities: (1) Any hospital, facility or other entity operated by the state or the Un…

198.015. License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation. — 1. No person shall establish, conduct or maintain a residential care facility, assisted living facility, intermediate care facility, or skilled nurs…

198.016. Information on home- and community-based services to be provided prior to admission. — Prior to admission of a MO HealthNet individual into a long-term care facility, the prospective resident or his or her next of kin, legally authorized representative, or designee shall…

198.018. Applications 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. — 1. Applications for a license shall be made to the d…

198.022. Licensure 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 — written reports accepted, when. — 1. Upon r…

198.026. Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license. — 1. Whenever a duly authorized representative of the department finds upon an inspection of a facility that it is not in compliance with the provisions of sections 198.0…

198.027. On-site revisit not required, when. — If a facility submits satisfactory documentation that establishes correction of any deficiency contained within the written report of deficiency required by section 198.026, an on-site revisit of such deficiency may not be required. …

198.029. Noncompliance — notice to operator and public, when — notice of noncompliance posted. — The provisions of section 198.026 notwithstanding, whenever a duly authorized representative of the department finds upon inspection of a licensed facility, and the director of the de…

198.030. Posting of inspection reports at the facility. — Every residential care facility, assisted living facility, intermediate care facility, and skilled nursing facility shall post the most recent inspection report of the facility in a conspicuous place. If the operator deter…

198.032. Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect, procedure — hotline caller log to be maintained. — 1. Nothing contained in sections 198.003 to 198.186 shall permit the public disclosure by …

198.036. Revocation of license — grounds — notice required. — 1. The department may revoke a license in any case in which it finds that: (1) The operator failed or refused to comply with class I or II standards, as established by the department pursuant to section 198.085; or fai…

198.039. License refused or revoked — review by administrative hearing commission — judicial review. — 1. Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative h…

198.042. Medical supervision for residents relying on spiritual healing not required. — Nothing in sections 198.003 to 198.096, or the rules and regulations adopted pursuant thereto, shall be construed as authorizing the medical supervision, regulation or control of the remedial …

198.045. Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection. — Participation in reimbursement programs under either Medicare or Medicaid, Title XVIII and Title XIX of the Social Security Act, (Title 42, United States Code,…

198.048. Different classifications of facility may exist on same premises, when. — A skilled nursing, intermediate care, assisted living facility, or residential care facility may exist on the same premises under the following circumstances: (1) The skilled nursing, intermediate …

198.052. Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when. — 1. The state auditor, at the request of the department or on his own initiative, may examine and audit any records relating to the operation of any facilit…

198.053. Assisted living facilities, notification of posting of latest Vaccine Informational Sheet. — No later than October first of each year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and…

198.055. Inspection by department valid for certain mental health patients, when. — A facility may provide accommodations, board, health care or treatment, or personal services for residents placed through the department of mental health. Inspections made pursuant to provisions o…

198.058. Certain facilities exempt from construction standards, when. — Any facility licensed under chapter 197 or chapter 198, which is in operation before September 28, 1979, or whose application is on file, or whose construction plans have been approved by the department befor…

198.061. Penalty for providing services without license — penalty for interfering with enforcement of law. — 1. No person shall, jointly or severally, offer, advertise or hold out to the public, services subject to section 198.015 without a currently valid appropriate license iss…

198.064. Duplicate payments — how determined — procedures for repayment. — 1. No operator shall retain any duplicate payment for the care of a resident received from any state agency or agencies. For the purposes of this section a duplicate payment is one which results in a total…

198.066. Sanctions for violations authorized. — To encourage compliance with the provisions of this chapter and any rules promulgated thereto, the department of health and senior services shall impose sanctions commensurate with the seriousness of the violation which occurred. Fo…

198.067. Noncompliance with law — injunction, when — civil penalties, how calculated, where deposited. — 1. An action may be brought by the department, or by the attorney general on his or her own volition or at the request of the department or any other appropriate state agency,…

198.069. Resident returned to facility from a medical facility, physician orders, duty of facility. — For any resident of an assisted living facility who is released from a hospital or skilled nursing facility and returns to an assisted living facility as a resident, such residen…

198.070. Abuse 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 l…

198.071. Death of a resident, persons to contact prior to transfer of deceased. — The staff of a residential care facility, an assisted living facility, an intermediate care facility, or a skilled nursing facility shall attempt to contact the resident's immediate family or a resi…

198.073. Persons eligible for care in residential care facility or assisted living facility — assisted living facility licenses granted, requirements — facility admission, requirements, disclosures — rulemaking authority. — 1. A residential care facility shall admit or retain onl…

198.074. Sprinkler system requirements — fire alarm system requirements. — 1. Effective August 28, 2007, all new facilities licensed under this chapter on or after August 28, 2007, or any section of a facility licensed under this chapter in which a major renovation has been compl…

198.075. Fire safety standards loan fund created, use of moneys. — 1. There is hereby created in the state treasury the "Fire Safety Standards Loan Fund", for implementing the provisions of subsections 4 and 5 of section 198.074. Moneys deposited in the fund shall be considered s…

198.076. Department of social services to establish standards and regulations for residential care facilities and assisted living facilities. — The department shall promulgate reasonable standards and regulations for all residential care facilities and all assisted living facilit…

198.077. Department to maintain facility compliance records. — For any residential care facility, assisted living facility, intermediate care facility or skilled nursing facility, if the department of health and senior services maintains records of site inspections and violations…

198.079. Department to establish standards and regulations for intermediate care and skilled nursing facilities. — The department shall promulgate reasonable standards and regulations for all intermediate care facilities and all skilled nursing facilities. The standards and regul…

198.080. Assessment procedures developed — rulemaking authority. — The department of health and senior services shall develop flexible assessment procedures for individuals in long-term care and those considering long-term care services which follow the individual through the con…

198.082. Nursing assistant training programs, requirements — training incomplete, special requirements and supervision for assistant beginning duties — competency evaluation — additional training. — 1. Each certified nursing assistant hired to work in a skilled nursing or interme…

198.085. Categories of standards for each type of licensed facility. — In establishing standards for each type of facility, the department shall classify the standards into three categories for each type of licensed facility as follows: (1) Class I standards are standards the vio…

198.087. Uniformity of application of regulation standards, department's duties. — To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of health and senior services shall: (1) Evaluate the requirements for …

198.088. Facilities to establish policies and procedures, scope, content — rights of residents — complaint — procedure. — 1. Every facility, in accordance with the rules applying to each particular type of facility, shall ensure that: (1) There are written policies and procedures…

198.090. Personal possessions may be held in trust, requirements, disposal of — written statements required when, penalty — prohibitions, penalties — misappropriation, report, investigation — employee disqualification list. — 1. An operator may make available to any resident the …

198.093. Violations of resident's rights — complaints — legal action — damages. — 1. Any resident or former resident who is deprived of any right created by sections 198.088 and 198.090, or the estate of a former resident so deprived, may file a written complaint within one hundr…

198.096. Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow. — 1. The operator of any facility who holds in trust personal funds of residents as provided in section 198.090 shall obtain and file with the department a b…

198.097. Misappropriation of funds of elderly or disabled nursing home residents, penalty. — 1. Any person who assumes the responsibility of managing the financial affairs of an elderly or disabled person who is a resident of any facility licensed under this chapter is guilty of …

198.099. Petition for appointment of receiver — when. — The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a …

198.103. Department may appoint monitor. — In any situation described in section 198.099, the department may place a person to act as a monitor in the facility. The monitor shall observe operation of the facility and shall advise it on how to comply with state laws and regulation…

198.105. Petition for appointment of receiver, contents — hearing — appointment of receiver. — 1. Any petition for appointment of a receiver shall be verified and shall be accompanied by an affidavit or affidavits setting forth material facts showing there exists one or more of t…

198.108. Ex parte appointment of receiver in emergency, when — notice — hearing. — If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that thi…

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…