Title XII — PUBLIC HEALTH AND WELFARE
25 chapters · 1,994 sections in this title.
§ 198.061 RSMo Penalty for providing services without license — penalty for interfering
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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 RSMo Duplicate payments — how determined — procedures for repayment
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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 RSMo Sanctions for violations authorized
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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 RSMo Noncompliance with law — injunction, when — civil penalties, how
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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 RSMo Resident returned to facility from a medical facility, physician orders,
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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 RSMo Abuse or neglect of residents — reports, when, by whom — contents of report
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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 RSMo Death of a resident, persons to contact prior to transfer of deceased
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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 RSMo Persons eligible for care in residential care facility or assisted living
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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 RSMo Sprinkler system requirements — fire alarm system requirements
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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 RSMo Fire safety standards loan fund created, use of moneys
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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 RSMo Department of social services to establish standards and regulations for
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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 RSMo Department to maintain facility compliance records
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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 RSMo Department to establish standards and regulations for intermediate care and
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[Repealed or reserved.]
§ 198.080 RSMo Assessment procedures developed — rulemaking authority
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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 RSMo Nursing assistant training programs, requirements — training incomplete,
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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 RSMo Categories of standards for each type of licensed facility
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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 RSMo Uniformity of application of regulation standards, department's duties
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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 RSMo Facilities to establish policies and procedures, scope, content — rights of
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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 RSMo Personal possessions may be held in trust, requirements, disposal of —
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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 RSMo Violations of resident's rights — complaints — legal action — damages
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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 RSMo Bond required for facility holding resident's property in trust —
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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 RSMo Misappropriation of funds of elderly or disabled nursing home residents,
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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 RSMo Petition for appointment of receiver — when
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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 RSMo Department may appoint monitor
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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 RSMo Petition for appointment of receiver, contents — hearing — appointment of
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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 RSMo Ex parte appointment of receiver in emergency, when — notice — hearing
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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 RSMo Powers of receiver
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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 RSMo Executory contracts, receiver not required to honor — when — hearing
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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 RSMo Compensation of receiver
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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 RSMo Bond of receiver
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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 RSMo License may be issued to facility operated by receiver — duration
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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 RSMo Termination of receivership, when
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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 RSMo Accounting by receiver, when — contents — liability for deficiency —
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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 RSMo Operator or affiliate not liable for acts of receiver — liability of
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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 RSMo Medicaid moneys not to be used for other purposes
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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 RSMo Health care provider and vendor not to misrepresent or conceal facts or
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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 RSMo Kickbacks, bribes and rebates prohibited, when
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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 RSMo Offering or making kickbacks, bribes or rebates prohibited, when
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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 RSMo Usual trade discounts and employment benefits not kickbacks, bribes or rebates
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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 RSMo False statements by health care provider prohibited, when
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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 RSMo Penalties for violation of sections 198.139 to 198.155
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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 RSMo Fraud investigation division created — director — compensation — assistance
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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 RSMo Medicaid payments stopped by division, when — hearing
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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 RSMo Fraud investigation director may petition for appointment of receiver, when
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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 RSMo Civil restitution of Medicaid funds, when
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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 RSMo Fraud investigation director may hold hearings, take oaths — procedure on
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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 RSMo Compelling of testimony — grant of immunity, when
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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 RSMo Audit and inspection of records, when — warrant
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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 RSMo State agencies and law enforcement officers to cooperate with fraud
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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 RSMo Local crime investigation powers not diminished
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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…