Title XII — PUBLIC HEALTH AND WELFARE

197.357. Reimbursement for project cost-overrun in excess of ten percent, eligible when — requirements. — For the purposes of reimbursement under section 208.152, project costs for new institutional health services in excess of ten percent of the initial project estimate whether …

197.366. Health care facilities defined. — The term "health care facilities" in sections 197.300 to 197.366 shall mean: (1) Facilities licensed under chapter 198; (2) Long-term care beds in a hospital as described in subdivision (3) of subsection 1 of section 198.012; (3) Long-te…

197.367. Licensed bed limitation imposed, when. — Upon application for renewal by any residential care facility or assisted living facility which on the effective date of this act has been licensed for more than five years, is licensed for more than fifty beds and fails to mainta…

197.400. Definitions. — As used in sections 197.400 to 197.475, unless the context otherwise requires, the following terms mean: (1) "Council", the home health services advisory council created by sections 197.400 to 197.475; (2) "Department", the department of health and senior …

197.405. Home health agencies, license required. — No home health agency, including Medicare and Medicaid providers, shall provide two or more of the home health services covered by subdivision (4) of section 197.400 or shall hold itself out as providing such home health services…

[Repealed or reserved.]

197.415. License issued or renewed, requirements. — 1. The department shall review the applications and shall issue a license to applicants who have complied with the requirements of sections 197.400 to 197.475 and have received approval of the department. 2. A license shall be r…

197.416. Out-of-state applicants for licensure, compliance history may be requested. — Whenever the department is inspecting a home health agency in response to an application from an applicant located outside of Missouri not previously licensed by the department, the department …

197.420. License not transferable or assignable on sale or transfer of ownership — new application, requirement — temporary license, when. — A license shall not be transferable or assignable. When a home health agency is sold or ownership or management is transferred, or the corp…

197.425. Survey inspections by department, when. — In addition to the survey inspection required for licensing or license renewal, the department may make other survey inspections during normal business hours. Each home health agency shall allow the department or its authorized r…

197.430. Report on survey, list of deficiencies, content — plan of correction filed with department — resurvey and administrative review procedure. — After completion of each department survey, a written report of the findings with respect to compliance or noncompliance with the …

197.435. Complaint procedure. — Any person wishing to make a complaint against a home health agency licensed under the provisions of sections 197.400 to 197.475 may file the complaint in writing with the department setting forth the details and facts supporting the complaint. If …

197.440. Refusal to issue, suspension or revocation of license, grounds — right to administrative review. — 1. The department shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to comply with any provision of sections 197.400 …

197.445. Rules and regulations, procedure. — 1. The department may adopt reasonable rules and standards necessary to carry out the provisions of sections 197.400 to 197.477. The rules and standards adopted shall not be less than the standards established by the federal government…

197.450. Home health services advisory council — members — terms, qualifications — appointment — vacancies — expenses. — 1. There is hereby created the "Home Health Services Advisory Council", which shall guide, advise and make recommendations to the department relating to the ru…

197.455. Injunctions, venue. — The department may file an action in the circuit court for the county in which any home health agency alleged to be violating the provisions of sections 197.400 to 197.475 resides or may be found for an injunction to restrain the home health agency …

197.460. Exempt persons and religious organizations. — 1. The provisions of sections 197.400 to 197.475 shall not apply to individuals who personally provide one or more home health services if such persons are not under the direct control and doing work for and employed by a hom…

197.465. Funds to be deposited in general revenue. — All funds received by the department under the provisions of sections 197.400 to 197.475 shall be deposited in the state treasury to the credit of general revenue. ­­-------- (L. 1983 H.B. 51 § 13)

197.470. Reports or investigations open to public, exception — requests for material, procedure, fee. — All reports or documents collected by the department, or findings and decisions made by the department, under the provisions of sections 197.400 to 197.475, unless declared to …

197.475. Violations, penalty. — Any person who violates any of the provisions of sections 197.400 to 197.475 is guilty of a class A misdemeanor and, upon conviction, shall be punished as provided by law. ­­-------- (L. 1983 H.B. 51 § 15)

197.477. Reports of inspections by department of health and senior services may be available to public, when — certain information to remain confidential. — Upon the completion of the final report of an inspection or evaluation of a health facility or agency or any part thereof p…

197.478. Home health agency information to be provided on department internet website. — 1. The department of health and senior services shall provide through their internet website: (1) The most recent survey of all home health agencies and any such findings of deficiencies and …

197.480. In-home health care providers, transfer of assets or bequests, rebuttable presumption of undue influence, when. — There shall be a rebuttable presumption of undue influence for any transfer of assets or bequest or devise to the benefit of any in-home health care provider…

197.500. Employee disqualification list to be maintained. — 1. The department shall maintain an employee disqualification list and place on the employee disqualification list the names of any persons who are or who have been employed by any entity licensed pursuant to this chapte…

197.700. Medical staff membership to be considered on individual basis, discrimination prohibited. — In the selection of medical staff members licensed under chapter 334, no medical staff bylaws, departmental bylaws or hospital licensed under this chapter shall discriminate again…

197.705. Health care facilities personnel required to wear identification badges, when. — All hospitals and health care facilities, defined in sections 197.020 and 197.305, shall require all personnel providing services in such facilities to wear identification badges while actin…

198.003. Citation of law. — Sections 198.003 to 198.186 shall be known and may be cited as the "Omnibus Nursing Home Act". ­­-------- (L. 1979 S.B. 328, et al. § 2)

198.005. Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes. — The term "residential care facility I" shall be referred to as a "residential care facility", and the term "residential care facility II" shall be refe…

198.006. Definitions. — As used in sections 198.003 to 198.186, unless the context clearly indicates otherwise, the following terms mean: (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm; (2) "Activities of daily living" or "ADL", one or more of the fo…

198.009. Department to administer — promulgation of rules, procedure — cooperation of other agencies. — 1. The provisions of sections 198.003 to 198.186 shall be administered by the department. The department shall have authority to promulgate rules and regulations for the purpos…

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. — 1. Upon receipt of an application for a li…

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…

*198.054. Influenza vaccination for employees, facilities to assist in obtaining. — Each year between October first and March first, all long-term care facilities licensed under this chapter shall assist their health care workers, volunteers, and other employees who have direct c…

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…