Title XII — PUBLIC HEALTH AND WELFARE

197.200. Definitions. — As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean: (1) "Abortion facility", as such term is defined in section 188.015; (2) "Ambulatory surgical center", any public or private establishment ope…

197.205. License required to operate. — 1. No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain an ambulatory surgical center or abortion facility in this state without a license under sections …

197.210. Application, form of — fee, exception. — 1. Application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department may require. The department of health and senior services may require affirmat…

197.215. License to issue, when — transfer or assignment of license, when — display required. — 1. Upon receipt of an application for a license, the department of health and senior services shall issue a license if the applicant and ambulatory surgical center facilities or aborti…

197.220. Denial, suspension or revocation of license. — The department of health and senior services may deny, suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of sections 197.200 to 19…

197.221. Review of license denial or revocation by administrative hearing commission. — Any person aggrieved by an official action of the department of health and senior services affecting the licensed status of a person under the provisions of sections 197.200 to 197.240, includ…

197.225. Department of health and senior services may promulgate regulations — abortion facilities to maintain written protocols for medical emergencies and transfer of patients. — 1. The department of health and senior services may adopt such reasonable rules, regulations, and s…

197.230. Department may inspect and investigate — delegation of such authority authorized, when — abortion facilities, unannounced on-site inspections — public reports. — 1. The department of health and senior services shall make, or cause to be made, such inspections and investi…

197.235. Failure to have license a misdemeanor — attorney general to represent department, institute actions — advertising, cannot imply state operation, fine. — 1. Any person operating, conducting, managing, or establishing an ambulatory surgical center or abortion facility with…

197.240. Accident and health insurers to cover care in an ambulatory surgical center or abortion facility, exceptions. — After September 28, 1975, no individual or group health insurance policy of insurance providing coverage on an expense incurred basis, nor individual or group …

197.250. Definitions. — As used in sections 197.250 to 197.280, the following terms mean: (1) "Abuse", any physical, emotional, or sexual maltreatment; (2) "Branch office", a location or site from which a hospice provides services within a portion of the total geographic area ser…

197.252. Certificate required — standards. — 1. No person or other entity shall provide hospice care, or hold himself out as a hospice, unless such person has a certificate pursuant to sections 197.250 to 197.280. 2. All skilled care provided by a hospice shall be provided in acc…

197.254. Application for certificate — fee, how determined — temporary permit — survey and approval — posting of certificate — branch offices. — 1. Any person or other entity desiring to provide hospice care shall file, with the department of health and senior services, a written…

197.256. Renewal, when required, form, fee — survey, approval, renewal of certificate — certificate not renewed is void — statistical reports required. — 1. A hospice shall apply for renewal of its certificate not less than once every twelve months. In addition, such hospice shal…

197.258. Department authorized to make surveys, when required — visiting of homes — survey of other governmental agency, requirements — reciprocal agreements with bordering states — maintenance of branch office in Missouri required, when. — 1. In addition to any survey pursuant t…

197.260. Report of compliance, service — disclosure of reports, confidentiality of information. — 1. Upon the completion of a survey, the department shall prepare a report of the department's findings with respect to whether the hospice is in compliance or out of compliance with …

197.262. Denial of application, grounds — review. — 1. The department may deny any hospice application for certification or renewal or may suspend or revoke such agency's certificate or invoke intermediate sanctions, if the hospice: (1) Is out of compliance with any of the provis…

197.264. Client's bill of rights, contents — discharge planning, contents. — 1. The hospice shall submit to the department for approval a bill of rights that shall be equally applicable to all clients. This bill of rights shall at least include the client's right to be fully info…

197.266. Abuse and neglect, penalty. — Any hospice or employee of a hospice who knowingly abuses or neglects any client, or misappropriates the property of any client, shall be guilty of a class E felony. ­­-------- (L. 1992 H.B. 899 § 9, A.L. 2014 S.B. 491) Effective 1-01-17

197.268. Complaints, grounds, review. — The department shall receive, process, and dispose of complaints against a hospice. Any person may complain of any suspected abuse, neglect, or misappropriation by a hospice or employee of a hospice. The department shall make rules providin…

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…