Title XII, PUBLIC HEALTH AND WELFARE

192.2100. Alzheimer's disease and related disorders respite care program — definitions. — As used in sections 192.2100 to 192.2110, the following terms shall mean: (1) "Adult day care", a group program that emphasizes appropriate services for persons eighteen years of age or olde…

192.2105. Respite care program for Alzheimer's purposes. — 1. To encourage development of appropriate services for persons having Alzheimer's disease and related disorders, the department may make grants to public and private entities for pilot projects from funds specifically ap…

192.2110. Rules and regulations for respite care program, procedure. — The commissioner of administration, in consultation with the director of the department, shall promulgate rules that establish procedures for contracting with grantees receiving funds under sections 192.2100 t…

192.2150. Department to use services of certain organizations, when. — The department shall use the services of community based, not-for-profit organizations including senior centers for the provision of home delivered meals to qualified recipients prepared by such organizations …

192.2155. Dementia services coordinator, duties. — 1. The division of senior and disability services within the department of health and senior services shall establish a dementia services coordinator as a full-time position. 2. The dementia services coordinator shall: (1) Evalua…

192.2205. License required to operate day care program — forms — documents — review — license validity period — temporary operating permit, when. — 1. It shall be unlawful for any person to establish, maintain, or operate an adult day care program, or to advertise or hold himself…

192.2210. Deficiencies, operator informed in exit interview, requirements — plan of correction — categories of standards established — inspection reports made available — notices required. — 1. Whenever a duly authorized representative of the department finds upon an inspection o…

192.2215. Revocation of license, when — notification of operator. — 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 192.2210;…

192.2220. Exceptions to licensure requirements for adult day care centers. — 1. The provisions of sections 192.2200 to 192.2260 shall not apply to the following: (1) Any adult day care program operated by a person in which care is offered for no more than two hours per day; (2) A…

192.2225. Right to enter premises for compliance inspections or to investigate complaints — failure to permit, effect. — 1. The department shall have the right to enter the premises of an applicant for or holder of a license at any time during the hours of operation of a center t…

192.2230. Fee for license or renewal, limitation. — Each application for a license, or the renewal thereof, issued pursuant to sections 192.2200 to 192.2260 shall be accompanied by a nonrefundable fee in the amount required by the department. The fee, to be determined by the depa…

192.2235. Adult daycare program manual — regional training sessions. — The department shall create an adult day care program manual in partnership with the provider association to establish uniformity across the state and shall offer regional training sessions in order to provide…

192.2240. Inspections, when — refusal to permit access, court order issued when — injunction authorized. — 1. Whenever the department is advised or has reason to believe that any person is operating an adult day care program without a license, or that any holder of license is not…

192.2245. License denied — suspended — revoked — hearing procedure — appeals. — 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 hearing commission pursu…

192.2250. Rulemaking authority. — The department shall promulgate reasonable standards and regulations for adult day care programs. The standards and regulations shall relate to licensure requirements, staffing requirements, program policies and participant care requirements, par…

192.2255. Rules, authority, procedure. — The department shall have the authority to promulgate rules pursuant to this section and chapter 536 in order to carry out the provisions of sections 192.2200 to 192.2260. No rule or portion of a rule promulgated under the authority of * s…

192.2265. Inspections and plans of correction to be provided on department website, exceptions. — 1. The department may provide through its internet website: (1) The most recent inspection of every adult day care program licensed in this state and any such findings of deficiencie…

192.2270. Dispute resolution, department may contract with third parties — definitions — requirements — rulemaking authority. — 1. As used in this section, the following terms shall mean: (1) "Deficiency", a program's failure to meet a participation requirement or standard suppor…

192.2275. Cost-based uniform rate for services, budget line item. — Adult day care programs licensed under sections 192.2205 to 192.2260 shall evaluate the program rate structure in FY 2015 and determine a cost-based uniform rate for services to be presented as a budget line item…

192.230. Department to conduct a survey of hospitals and health facilities — to recommend a state plan. — The department of health and senior services shall be empowered and authorized to conduct a complete survey of all of the hospitals, both public and private, and all health c…

192.2300. Definitions. — As used in sections 192.2300 to 192.2315, the following terms mean: (1) "Department", the department of health and senior services; (2) "Long-term care facility", any facility licensed pursuant to chapter 198 and long-term care facilities connected with h…

192.2305. Office of state ombudsman for long-term care facility and veterans' home residents created in department of health and senior services — purpose — powers and duties. — 1. There is hereby established within the department of health and senior services the "Office of Stat…

192.2310. Confidentiality of ombudsman's files and records, exceptions, violations, penalty. — 1. Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity…

192.2315. Immunity from liability for official duties for staff and volunteers — information furnished office, no reprisals against employees of facilities or residents, violations, penalty. — 1. Any regional coordinator or local program staff, whether an employee or an unpaid vo…

192.2400. Definitions. — As used in sections 192.2400 to 192.2505, the following terms mean: (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation and bullying; (2) "Bullying", intimidatio…

192.2405. Mandatory reporters--penalty for failure to report. — 1. The following persons shall be required to immediately report or cause a report to be made to the department under sections 192.2400 to 192.2470: (1) Any person having reasonable cause to suspect that an eligible …

192.2410. Reports, contents — department to maintain telephone for reporting. — 1. A report made under section 192.2405 shall be made orally or in writing. It shall include, if known: (1) The name, age, and address of the eligible adult; (2) The name and address of any person res…

192.2415. Investigations of reports of eligible adults, department procedures. — Upon receipt of a report, the department shall make a prompt and thorough investigation to determine whether or not an eligible adult is facing a likelihood of serious physical harm and is in need of…

192.2420. Investigations of reports of eligible adults between eighteen and fifty-nine, department procedures. — Upon receipt of a report that an eligible adult between the ages of eighteen and fifty-nine is facing a likelihood of serious physical harm, the department shall: (1) …

192.2425. Investigation of elder abuse — report. — The department of health and senior services shall investigate incidents and reports of elder abuse or neglect using the procedures established in sections 192.2400 to 192.2470 and, upon substantiation of the report of elder abus…

192.2430. Duty to report, immunity. — Any person, official or institution complying with the provisions of subdivision (2) of subsection 1 of section 192.2405 in the making of a report, or in cooperating with the department in any of its activities under section 192.2425, except …

192.2435. Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect. — 1. Reports made pursuant to sections 192.2400 to 192.2470 shall be confidential and shall not be deemed a public record and shall not be s…

192.2440. Assistance to be given. — When an eligible adult gives consent to receive protective services, the department shall assist the adult in locating and arranging for necessary services in the least restrictive environment reasonably available. ­­-------- (L. 1980 S.B. 576 …

192.2445. Procedure when abuse, neglect, or physical harm may be involved — remedies. — When the department receives a report that there has been abuse or neglect, or that there otherwise is a likelihood of serious physical harm to an eligible adult and that he or she is in need …

192.2450. Interference with delivery of services, effect — remedy. — If an eligible adult gives consent to receive protective services and any other person interferes with or prevents the delivery of such services, the director may petition the appropriate court for an order to e…

192.2455. Recipient unable to give consent, procedure, remedy. — When an eligible adult facing the likelihood of serious physical harm and in need of protective services is unable to give consent because of incapacity or legal disability and the guardian of the eligible adult ref…

192.2460. Director may proceed under other law, when — legal counsel may be retained, when. — 1. If the director determines after an investigation that an eligible adult is unable to give consent to receive protective services and presents a likelihood of serious physical harm, t…

192.2465. Peace officer may act, when, how — involuntary treatment may be ordered, how, where rendered — religious beliefs to be observed. — 1. When a peace officer has probable cause to believe that an eligible adult will suffer an imminent likelihood of serious physical harm if…

192.2470. Discontinuance of services, when — exception. — If an eligible adult does not consent to the receipt of reasonable and necessary protective services, or if an eligible adult withdraws previously given consent, the protective services shall not be provided or continued; …

192.2475. Report of abuse or neglect of in-home services or home health agency client, duty — penalty — contents of report — investigation, procedure — confidentiality of report — immunity — retaliation prohibited, penalty — employee disqualification list — safe at home evaluatio…

192.2480. In-home services client, misappropriation of property, report — investigation — penalty — confidentiality of report — immunity — retaliation prohibited — employee disqualification list. — 1. Any person having reasonable cause to believe that a misappropriation of an in-…

192.2485. Alteration of in-home services provider agency contracts, procedure — letters of censure — staying of suspensions — appeal process. — 1. Notwithstanding any other provision of law, if the department of health and senior services proposes to deny, suspend, place on proba…

192.2490. Employee disqualification list, notification of placement, contents — challenge of allegation, procedure — hearing, procedure — appeal — removal of name from list — list provided to whom — prohibition of employment. — 1. After an investigation and a determination has be…

192.2495. Criminal background checks of employees, required when — persons with criminal history not to be hired, when, penalty — failure to disclose, penalty — improper hirings, penalty — definitions — rules to waive hiring restrictions. — 1. For the purposes of this section, th…

192.250. Department to receive grants. — The department of health and senior services is hereby designated the official state agency to receive any and all federal and other grants and aids for making a survey and for the construction of hospitals and health centers, provided, th…

192.2500. Prohibition against disclosure of reports, exceptions — employment security provided reports upon request. — 1. Reports confidential under section 198.070 and sections 192.2475 to 192.2490 shall not be deemed a public record and shall not be subject to the provisions of…