Title XII — PUBLIC HEALTH AND WELFARE

198.187. Criminal background checks for residents permitted. — Any long-term care facility licensed under this chapter may request criminal background checks under chapter 43 of a resident in such facility. ­­-------- (L. 2009 H.B. 395)

198.189. Medicaid payment system for assisted living facilities to be implemented — options. — The department of social services, MO HealthNet division, and the department of health and senior services, division of senior and disability services shall work together to implement a…

198.200. District created, how — territory included — name — nursing home defined. — 1. A nursing home district may be created, incorporated and managed as provided in sections 198.200 to 198.350 and may exercise the powers herein granted or necessarily implied. A nursing home di…

198.210. Petition of voters for district, where filed, contents. — Whenever the creation of a nursing home district is desired, a number of voters residing in the proposed district equal to ten percent of the vote cast for governor in the proposed district in the next preceding g…

198.220. Notice of hearing on petition — costs of notice. — 1. Upon the filing of the petition with the county clerk, he shall present it to the commissioners of the county commission who shall thereupon set the petition for hearing within not less than thirty nor more than forty…

198.230. Procedure where several petitions filed — amendment. — If two or more petitions covering in part the same territory are filed prior to the public hearing upon the petition which is first filed, the petitions shall be consolidated for public hearing, and hearing thereon m…

198.240. If petition sufficient county commission to order election. — If the territory, petition and proceedings meet the requirements of sections 198.200 to 198.350, the commissioners of the county commission shall in and by the order finding and determining the sufficiency of …

198.250. Notice of election, contents. — Each notice shall state briefly the purpose of the election, setting forth the proposition to be voted upon and a description of the territory. The notice shall further state that any district upon its establishment shall have the powers, …

198.260. Form of ballot. — The question of whether or not a nursing home shall be organized shall be submitted in substantially the following form: Shall there be organized in the counties of ______ , state of Missouri, a nursing home district for the establishment and operation …

198.263. Increase in tax levy, procedure — ballot of submission, form. — Any district which has a lower tax levy than the maximum levy authorized by section 198.250 may increase its levy up to, but not in excess of, such maximum levy if a majority of the voters of the district wh…

198.270. Results of election to be filed. — The order determining and declaring results of the election shall be entered upon the records of the commission and a certified copy thereof shall be filed with the county clerk of each other county in which the proposed district lies w…

198.280. Election districts — election of directors — terms — qualifications — declaration of candidacy — appointed if no candidate — no election required when. — 1. After the nursing home district has been declared organized, the declaring county commission shall either: (1) Div…

198.290. Powers of board of directors — first meeting — officers — bylaws — time for meetings. — 1. The board of directors of a district shall possess and exercise all of its legislative and executive powers. Within thirty days after the election of the initial directors, the boa…

198.300. Powers of nursing home district. — 1. A nursing home district shall have and exercise the following governmental powers, and all other powers incidental, necessary, convenient or desirable to carry out and effectuate the express powers: (1) To establish and maintain a nu…

198.301. Whistleblower protection for employees — availability of information on rights of persons retaliated against. — No employee of a nursing home district who directs or exercises any authority in a facility shall evict, harass, dismiss, or retaliate against a resident or em…

198.305. Unsuitable site, may be changed, when. — 1. If, after acquiring a site for a nursing home or a nursing home, the board of the district by resolution determines that the site or nursing home acquired is unsuitable or unnecessary for the purpose, or it is in the best inter…

198.310. Indebtedness for nursing home — election — ballot — limits — tax to pay. — 1. For the purpose of purchasing nursing home district sites, erecting nursing homes and related facilities and furnishing the same, building additions to and repairing old buildings, the board of…

198.312. Revenue bonds authorized, when. — As an alternative to the authorization for an indebtedness provided by section 198.310, for the purpose of providing funds for the acquisition, construction, erection, equipment and furnishing of nursing homes and related facilities, and…

198.314. Revenue bonds not an indebtedness of the issuing authority. — Any bonds issued under and pursuant to sections 198.312 to 198.318 shall not be deemed to be an indebtedness of the state of Missouri, or of any city, or of the board of directors, or of the individual members…

198.316. Revenue bonds, form of, interest rate — to be negotiable instruments. — 1. Revenue bonds issued pursuant to the provisions of section 198.312 shall be of such denomination, shall bear such rate of interest not to exceed the highest rate permitted by law, and shall mature…

[Repealed or reserved.]

198.320. Annexation of territory to district — election. — 1. A petition for annexation of land to a nursing home district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and…

198.330. Records of district — officers and employees to give bond. — The board shall provide for the proper and safe keeping of its permanent records and for the recording of the corporate action of the district. It shall keep a true and accurate account of its receipts and an a…

198.340. Board as trustee may accept and hold property donated — duties. — Any person desiring to donate property for the benefit of a nursing home, constructed or to be constructed under sections 198.200 to 198.350, may vest title to the property so donated in the board of direc…

198.345. Apartments for seniors, districts may establish (counties of third and fourth classification). — Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining apartments for seniors that provide at a minimum housing and f…

198.350. Citation of law. — Sections 198.200 to 198.350 shall be known and may be referred to as "The Nursing Home District Law". ­­-------- (L. 1963 p. 368 § 1)

198.360. Dissolution of district. — In any nursing home district created under the provisions of sections 198.200 to 198.350 which is not operating a nursing home, and in which the voters of the district have on three separate occasions refused to approve a bond issue for the con…

198.401. Nursing facility reimbursement allowance, definitions. — 1. Each nursing facility, except for state-owned and -operated facilities, shall, in addition to all other fees and taxes now required or paid, pay a nursing facility reimbursement allowance for the privilege of en…

198.403. Formula set forth in rules. — Each nursing facility's reimbursement allowance shall be based on a formula set forth in rules and regulations promulgated by the department of social services as provided in section 198.436. ­­-------- (L. 1994 H.B. 1362 § 2) Expires 9-30-2…

198.406. Records required, transmittal to department — elements of report, determinations. — 1. Each nursing facility shall keep such records as may be necessary to determine the amount of its reimbursement allowance. On or before the first day of October of each year, every nurs…

198.409. Determination of amount due — notification, payments — offset allowed. — 1. The director of the department of social services shall make a determination as to the amount of nursing facility reimbursement allowance due from each nursing facility. 2. The director of the de…

198.412. Finality of determination, protest — hearing, reconsideration, appeal. — 1. Each nursing facility reimbursement allowance determination shall be final after receipt of written notice from the department of social services, unless the nursing facility files a protest with…

198.416. Forms and content set forth in rule. — The director of the department of social services shall prescribe by rule the form and content of any document required to be filed pursuant to the provisions of sections 198.401 to 198.436. ­­-------- (L. 1994 H.B. 1362 § 6) Expire…

198.418. Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions. — 1. The nursing facility reimbursement allowance owed or, if an offset has been requested, the balance, if any, af…

198.421. Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license. — 1. A nursing facility reimbursement allowance period as provided in sections 198.401 to 198.436 shall be from the first day of October to the thirti…

198.424. No effect upon tax-exempt status. — Nothing in sections 198.401 to 198.436 shall be deemed to affect or in any way limit the tax-exempt or nonprofit status of any nursing facility granted by state law. ­­-------- (L. 1994 H.B. 1362 § 9) Expires 9-30-29; see § 198.439

198.427. Medicaid provider agreements, payments, rate, computation. — The department of social services shall make payments to those nursing facilities that have a valid Medicaid provider agreement with the department. Any per diem rate, or its equivalent, used to compute such pa…

198.428. Medicaid eligibility presumed pending approval or denial of application, when. — If the family support division is unable to make a determination regarding Medicaid eligibility for a resident within sixty days of the submission of a completed application for medical assi…

198.431. Contingent application of requirements — disbursement of fund, when. — The requirements of sections 198.401 to 198.433 shall apply only as long as the revenues generated under section 198.401 are eligible for federal financial participation as provided in sections 198.40…

198.433. Imposition of allowance, when. — The nursing home reimbursement allowance provided in section 198.401 shall not be imposed prior to the effective date of rules and regulations promulgated by the department of social services, but in no event prior to October 1, 1994. ­­-…

198.436. Rules, regulations, promulgation, procedure. — No regulations implementing sections 198.401 to 198.436 may be filed with the secretary of state without first being provided to interested parties registered on a list of such parties to be maintained by the director of the…

198.439. Expiration date. — Sections 198.401 to 198.436 shall expire on September 30, 2029. ­­-------- (L. 1994 H.B. 1362 § 14, A.L. 1996 S.B. 952, A.L. 1999 S.B. 326, A.L. 2002 H.B. 1781 merged with S.B. 1094, A.L. 2005 S.B. 189, A.L. 2006 S.B. 822, A.L. 2007 S.B. 4, A.L. 2011 S…

198.500. Citation of law. — Sections 198.500 to 198.515 shall be known and may be cited as the "Alzheimer's Special Care Disclosure Act". ­­-------- (L. 1996 H.B. 781 § 1)

198.505. Definitions. — For the purposes of sections 198.500 to 198.515, "Alzheimer's special care unit" or "Alzheimer's special care program" means any facility as defined in section 198.006, or any home health agency, adult day care center, hospice or adult foster home that loc…

198.510. Disclosure required, by whom — licensing department, duties — department of health and senior services, duties. — 1. Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's spe…

198.515. Alzheimer's facilities, informational documents required — department, duties — licensing department, verification. — Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's sp…

198.525. Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when. — 1. In order to comply with sections 198.012 and 198.022, the department of health and senior services…

198.526. Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation. — 1. The department of health and senior services shall inspect all facilities licensed by the department at least once each year. Such inspections…

198.527. Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards. — To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of health and senior services shall:…

198.528. Long-term care facility information to be provided on department internet website. — 1. The department of health and senior services shall provide through its internet website: (1) The most recent survey of every long-term care facility licensed in this state and any suc…