Title XII — PUBLIC HEALTH AND WELFARE
25 chapters · 1,994 sections in this title.
§ 198.530 RSMo Managed care services provided in long-term care facilities, when,
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198.530. Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included. — 1. If an enrollee in a managed care organization is also a resident in a long-term care facility licensed pursuant to chapter 198, or a continuing ca…
§ 198.532 RSMo Investigation of complaints — results provided, when
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198.532. Investigation of complaints — results provided, when. — 1. Complaints filed with the department of health and senior services against a long-term care facility which allege that harm has occurred or is likely to occur to a resident or residents of the facility due to act…
§ 198.533 RSMo Conflict of interest, state investigators
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198.533. Conflict of interest, state investigators. — The division shall ensure that any monitor selected to perform state investigations of long-term care facilities has no conflict of interest, and has no direct or indirect connection to the facility or its parent corporation. …
§ 198.534 RSMo Rulemaking authority
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198.534. Rulemaking authority. — In consultation with consumers, providers and others, the division shall promulgate rules and regulations to implement the provisions of this section and sections 198.080, 198.086, 198.526, 198.532 and 198.533. Any rule or portion of a rule, as th…
§ 198.545 RSMo Definitions — contracting with third parties — department to establish IDR
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198.545. Definitions — contracting with third parties — department to establish IDR process, procedures — rulemaking authority. — 1. This section shall be known and may be cited as the "Missouri Informal Dispute Resolution Act". 2. As used in this section, the following terms sha…
§ 198.610 RSMo Citation of law — definitions
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198.610. Citation of law — definitions. — 1. The provisions of sections 198.610 to 198.632 shall be known and may be cited as the "Authorized Electronic Monitoring in Long-Term Care Facilities Act". 2. For purposes of sections 198.610 to 198.632, the following terms shall mean: (…
§ 198.612 RSMo Placement of electronic monitoring device — immunity from liability, when —
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198.612. Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority. — 1. Residents of long-term care facilities in this state shall have the right to place in the resident's room an authorized electronic monitor…
§ 198.614 RSMo Unauthorized placement of electronic monitoring device — immunity from
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198.614. Unauthorized placement of electronic monitoring device — immunity from liability, when. — 1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if: (1) The place…
§ 198.616 RSMo Acknowledgment form, contents
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198.616. Acknowledgment form, contents. — Each facility shall use an electronic monitoring device acknowledgment form developed by the department and adopted by regulation. The form shall be offered to any resident or resident's guardian or legal representative upon request. The …
§ 198.618 RSMo Resident sole authority to request monitoring — exception for lack of
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198.618. Resident sole authority to request monitoring — exception for lack of capacity, requirements. — 1. If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized ele…
§ 198.620 RSMo Request procedure — form, contents — consent requirements — recordkeeping
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198.620. Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when. — 1. A resident or the guardian or legal representative of a resident who wishes to conduct authorized electronic monitoring shall make the request to the fa…
§ 198.622 RSMo Facility to permit monitoring, requirements
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198.622. Facility to permit monitoring, requirements. — 1. A facility shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of electronic monitoring devices. 2. The facility shall require a resident who cond…
§ 198.624 RSMo Abuse or neglect of resident, use of footage, reporting requirements
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198.624. Abuse or neglect of resident, use of footage, reporting requirements. — 1. If a resident who has capacity to determine that he or she has been abused or neglected and who is conducting electronic monitoring under sections 198.610 to 198.632 gives footage made by the elec…
§ 198.626 RSMo Admissibility of footage in court or administrative proceeding, when
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198.626. Admissibility of footage in court or administrative proceeding, when. — 1. Subject to applicable rules of evidence and procedure and the requirements of this section, footage created through the use of unauthorized or authorized electronic monitoring described by section…
§ 198.628 RSMo Notice of electronic monitoring to be posted
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198.628. Notice of electronic monitoring to be posted. — Each facility shall post a notice at the entrance to the facility stating that the rooms of some residents may be monitored electronically by, or on behalf of, the residents and that the monitoring is not necessarily open a…
§ 198.630 RSMo Sanctions, when — administrative penalty, when
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198.630. Sanctions, when — administrative penalty, when. — 1. The department may impose appropriate sanctions under this chapter on an administrator of a facility who knowingly: (1) Refuses to permit a resident or the resident's guardian or legal representative to conduct authori…
§ 198.632 RSMo Unauthorized acts, electronic monitoring devices and data — penalties —
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198.632. Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. — 1. A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with sections 198…
§ 198.640 RSMo Definitions
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198.640. Definitions. — As used in sections 198.640 to 198.648, the following terms shall mean: (1) "Controlling person", a business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a supplemental he…
§ 198.642 RSMo Supplemental health care services agency, registration required — procedure
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198.642. Supplemental health care services agency, registration required — procedure. — 1. A person who operates a supplemental health care services agency shall register annually with the department. Each separate business location of the agency shall have a separate registratio…
§ 198.644 RSMo Agency criteria — revocation and nonrenewal of registration, when — appeal
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198.644. Agency criteria — revocation and nonrenewal of registration, when — appeal procedure. — 1. Each registered supplemental health care services agency shall be required, as a condition of registration, to meet the following minimum criteria, which may be supplemented by rul…
§ 198.646 RSMo Complaints, reporting system
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198.646. Complaints, reporting system. — The department shall establish a system for reporting complaints against a supplemental health care services agency or its health care personnel. Complaints may be made by any member of the public. The department shall investigate any comp…
§ 198.648 RSMo Rulemaking authority
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198.648. Rulemaking authority. — The department shall promulgate rules to implement the provisions of sections 198.640 to 198.648. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become…
§ 199.001 RSMo Definitions
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199.001. Definitions. — As used in sections 199.001 to 199.055*, the following terms mean: (1) "Brain injury", includes brain injury and traumatic brain injury as defined in section 192.735; (2) "Department", the department of health and senior services' adult brain injury progra…
§ 199.003 RSMo Injury prevention, brain injury rehabilitation and local health services,
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199.003. Injury prevention, brain injury rehabilitation and local health services, department responsible — powers — duties. — 1. The department shall have the responsibility, subject to appropriations, of ensuring that injury prevention and brain injury rehabilitation evaluation…
§ 199.007 RSMo Brain injury advisory council, advisory body to department
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199.007. Brain injury advisory council, advisory body to department. — The Missouri brain injury advisory council, created by section 192.745, shall act as the advisory body to the department and department director. Any power or function of the department requiring planning acti…
§ 199.009 RSMo Contracts with public or private vendors, allowed — brain injury,
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199.009. Contracts with public or private vendors, allowed — brain injury, department to secure comprehensive program, contents. — 1. The department may provide injury prevention, and brain injury evaluation, care, treatment, rehabilitation and such related services directly or t…
§ 199.010 RSMo Missouri rehabilitation center, University of Missouri to operate, duties
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199.010. Missouri rehabilitation center, University of Missouri to operate, duties for brain injury — department to provide rehabilitation and tuberculosis treatment. — The curators of the University of Missouri shall provide for the care of persons needing brain injury and other…
§ 199.020 RSMo Residence of officers — rent, how established — expiration thirty days
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199.020. Residence of officers — rent, how established — expiration thirty days after transfer of Missouri rehabilitation center to University of Missouri. — 1. The following officers and their families shall, with the permission of the department of health and senior services, r…
§ 199.029 RSMo Rules and regulations, general operating rules, department to promulgate —
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199.029. Rules and regulations, general operating rules, department to promulgate — procedure — exception. — 1. The department shall promulgate rules under the provisions of this section and chapter 536 as necessary to prescribe policies or standards which affect charging and fun…
§ 199.031 RSMo Federal grants, department may receive, purposes — application
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199.031. Federal grants, department may receive, purposes — application. — 1. The department may receive federal grants and aids for injury prevention and for persons with brain injuries and brain injury rehabilitation under the terms of the grants and aids and administer or pay …
§ 199.033 RSMo Records to be confidential — disclosure upon request, certain persons, when
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199.033. Records to be confidential — disclosure upon request, certain persons, when — disclosure to be documented. — 1. Information and records compiled, obtained, prepared or maintained by the rehabilitation facilities, residential facility or specialized program operated or fu…
§ 199.037 RSMo Patient rights, rules and regulations, director to promulgate — exception
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199.037. Patient rights, rules and regulations, director to promulgate — exception. — The director of the department shall promulgate reasonable rules relative to the implementation of patient rights described in sections 199.001 to 199.051. These rules shall not apply to facilit…
§ 199.039 RSMo Means test, determination of amount to charge for services, director to
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199.039. Means test, determination of amount to charge for services, director to promulgate rules and regulations. — The director of the department shall promulgate rules setting forth a reasonable standard means test which shall be applied to all facilities, programs and service…
§ 199.041 RSMo Probate court to notify department, when — estate subject to means test,
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199.041. Probate court to notify department, when — estate subject to means test, when, procedure — appeal of decision of director. — 1. Any probate division of the circuit court having knowledge of the existence of an estate of a patient receiving services from residential facil…
§ 199.043 RSMo Discrimination prohibited
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199.043. Discrimination prohibited. — In accordance with state and federal law, no residential facility, day program or specialized service operated or funded by the department shall deny admission or other services to any person because of his race, sex, creed, marital status, n…
§ 199.051 RSMo Inspections, department may conduct, when
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199.051. Inspections, department may conduct, when. — The department may inspect any facility or program at any time if a contract has been issued or an application for a contract has been filed. -------- (L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 2011 H.B. 464)
§ 199.170 RSMo Definitions
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199.170. Definitions. — The following terms, as used in sections 199.170 to 199.350, mean: (1) "Active tuberculosis", tuberculosis disease caused by the mycobacterium tuberculosis complex that is demonstrated to be contagious by clinical, bacteriological, or radiological evidence…
§ 199.180 RSMo Local health agency may institute proceedings for commitment — emergency
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199.180. Local health agency may institute proceedings for commitment — emergency temporary commitment permitted, when. — 1. A person found to have tuberculosis shall follow the instructions of the local public health authority or the department, shall obtain the required treatme…
§ 199.190 RSMo Patients not to be committed, when
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199.190. Patients not to be committed, when. — No potential transmitter who in his or her home or other place obeys the rules and regulations of the public health authority or the department of health and senior services, and the policies of the treating facility, for the control…
§ 199.200 RSMo Procedure in circuit court — duties of local prosecuting officers — costs —
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199.200. Procedure in circuit court — duties of local prosecuting officers — costs — emergency temporary commitment, procedures. — 1. Upon filing of the petition, the court shall set the matter down for a hearing either during term time or in vacation, which time shall be not les…
§ 199.210 RSMo Rights of patient, witnesses — order of court — transportation costs —
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199.210. Rights of patient, witnesses — order of court — transportation costs — department may contract for care. — 1. Upon the hearing set in the order, the individual named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses aga…
§ 199.220 RSMo Order appealable
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199.220. Order appealable. — The order shall be subject to review at the instance of either party, as in other civil cases. -------- (L. 1961 p. 518 § 5)
§ 199.230 RSMo Confinement on order, duration
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199.230. Confinement on order, duration. — Upon commitment, the patient shall be confined in a facility designated by the department of health and senior services until such time as the patient's discharge will not endanger public health. -------- (L. 1961 p. 518 § 6, A.L. 1971…
§ 199.240 RSMo Consent required for medical or surgical treatment
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199.240. Consent required for medical or surgical treatment. — No person committed to a facility designated by the department of health and senior services under sections 199.170 to 199.350 shall be required to submit to medical or surgical treatment without such person's consent…
§ 199.250 RSMo Facilities, contracts with, costs, how paid
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199.250. Facilities, contracts with, costs, how paid. — 1. The department of health and senior services may contract for such facilities as are necessary to carry out the functions of sections 199.010 to 199.350. Such contracts shall be exempt from the competitive bidding require…
§ 199.260 RSMo Apprehension and return of patient leaving rehabilitation center without
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199.260. Apprehension and return of patient leaving rehabilitation center without discharge. — Any person committed under the provisions of sections 199.170 to 199.350 who leaves the facility designated by the department of health and senior services without having been discharge…
§ 199.270 RSMo Proceedings for release of patient
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199.270. Proceedings for release of patient. — Any time after commitment, the patient or, if incapacitated, the patient's legal guardian, or if a minor, a parent or next of kin having reason to believe that such patient no longer has contagious tuberculosis or that his or her dis…
§ 199.275 RSMo Active tuberculosis, infected persons, unlawful acts — violation, penalty
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199.275. Active tuberculosis, infected persons, unlawful acts — violation, penalty. — 1. It shall be unlawful for any person knowingly infected with active pulmonary or laryngeal tuberculosis to: (1) Act in a reckless manner by exposing another person to tuberculosis without the …
§ 199.280 RSMo Department authority in response to outbreaks
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199.280. Department authority in response to outbreaks. — The department retains all powers granted under section 192.020 in responding to tuberculosis cases, outbreaks, and tuberculosis disease investigations. -------- (L. 2013 S.B. 197)
§ 199.290 RSMo Mandatory testing of health care facility workers — higher education,
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199.290. Mandatory testing of health care facility workers — higher education, students and faculty, testing program required — rulemaking authority. — 1. All employees and volunteers of a health care facility shall receive a tuberculin skin test or interferon gamma release assay…