Title XII, PUBLIC HEALTH AND WELFARE

197.315. Certificate of need granted, when — forfeiture, grounds — application for certificate, fee — certificate not required, when — rescinding certificate, when. — 1. Any person who proposes to develop or offer a new institutional health service within the state must obtain a …

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…

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…

197.410. Application for license, fee. — 1. Persons desiring to receive a license to operate a home health agency in the state of Missouri shall file a written application with the department of health and senior services on a form prescribed by the director of the department. 2.…

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…

197.708. Assaulting a health care professional, warning sign required. — Each hospital shall display in a prominent place within the waiting rooms of the emergency department and the labor and delivery department a printed sign with the following text in all capital letters: "WAR…

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…