Missouri Revised Statutes

Chapter 198
Convalescent, Nursing and Boarding Homes

(View Entire Chapter)

August 28, 2013
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Sections:
198.003. Citation of law.
198.005. Assisted living facilities, statutory references to residential care
facilities to be changed by revisor of statutes.
198.006. Definitions.
198.009. Department of social services to administer--promulgation of rules,
procedure--cooperation of other agencies.
198.012. Provisions of sections 198.003 to 198.136 not to apply, when--exempt
entities may be licensed.
198.014. (Repealed L. 2007 S.B. 613 Revision A)
198.015. License, when required--duration--content--effect of change of
ownership--temporary permits--penalty for violation.
198.016. Information on home- and community-based services to be provided prior
to admission.
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.
198.022. Duty of department on receipt of application--duty upon
denial--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.
198.026. Noncompliance, how determined--procedure to
correct--notice--reinspection--probationary license.
198.027. On-site revisit not required, when.
198.029. Noncompliance--notice to operator and public, when--notice of
noncompliance posted.
198.030. Posting of inspection reports at the facility.
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.
198.036. Revocation of license--grounds--notice required.
198.039. License refused or revoked--review by administrative hearing
commission--judicial review.
198.041. (Transferred 1994; now 199.350)
198.042. Medical supervision for residents relying on spiritual healing not
required.
198.045. Participation in Medicare or Medicaid optional--survey for
certification at same time as license inspection.
198.048. Different classifications of facility may exist on same premises,
when.
198.052. Records of facilities--when examined or audited--retention, how
long--to accompany resident on transfer, when.
198.055. Inspection by department valid for certain mental health patients,
when.
198.058. Certain facilities exempt from construction standards, when.
198.061. Penalty for providing services without license--penalty for
interfering with enforcement of law.
198.064. Duplicate payments--how determined--procedures for repayment.
198.066. Sanctions for violations authorized.
198.067. Noncompliance with law--injunction, when--civil penalties, how
calculated, where deposited.
198.069. Resident returned to facility from a medical facility, physician
orders, duty of facility.
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
list--self-reporting of incidents, investigations, when.
198.071. Death of a resident, persons to contact prior to transfer of deceased.
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.
198.074. Sprinkler system requirements--fire alarm system requirements.
198.075. Fire safety standards loan fund created, use of moneys.
198.076. Department of social services to establish standards and regulations
for residential care facilities and assisted living facilities.
198.077. Department to maintain facility compliance records.
198.079. Department to establish standards and regulations for intermediate
care and skilled nursing facilities.
198.080. Assessment procedures developed--rulemaking authority.
198.082. Nursing assistant training programs--training incomplete, special
requirements and supervision for assistant beginning duties.
198.085. Categories of standards for each type of licensed facility.
198.086. (Repealed L. 2012 H.B. 1608 A)
198.087. Uniformity of application of regulation standards, department's
duties.
198.088. Facilities to establish policies and procedures, scope,
content--rights of residents--complaint--procedure.
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.
198.093. Violations of resident's rights--complaints--legal action--damages.
198.096. Bond required for facility holding resident's property in
trust--exception, cash deposit held in insured escrow.
198.097. Misappropriation of funds of elderly or disabled nursing home
residents, penalty.
198.099. Petition for appointment of receiver--when.
198.103. Department may appoint monitor.
198.105. Petition for appointment of receiver, contents--hearing--appointment
of receiver.
198.108. Ex parte appointment of receiver in emergency, when--notice--hearing.
198.112. Powers of receiver.
198.115. Executory contracts, receiver not required to honor--when--hearing.
198.118. Compensation of receiver.
198.121. Bond of receiver.
198.124. License may be issued to facility operated by receiver--duration.
198.128. Termination of receivership, when.
198.132. Accounting by receiver, when--contents--liability for
deficiency--priority of deficiency judgment.
198.136. Operator or affiliate not liable for acts of receiver--liability of
operator or affiliate otherwise not relieved.
198.139. Medicaid moneys not to be used for other purposes.
198.142. Health care provider and vendor not to misrepresent or conceal facts
or convert benefits for payments.
198.145. Kickbacks, bribes and rebates prohibited, when.
198.148. Offering or making kickbacks, bribes or rebates prohibited, when.
198.151. Usual trade discounts and employment benefits not kickbacks,
bribes or rebates.
198.155. False statements by health care provider prohibited, when.
198.158. Penalties for violation of sections 198.139 to 198.155.
198.161. Fraud investigation division
created--director--compensation--assistance by local prosecutors.
198.165. Medicaid payments stopped by division, when--hearing.
198.168. Fraud investigation director may petition for appointment of
receiver, when--court hearing.
198.171. Civil restitution of Medicaid funds, when.
198.174. Fraud investigation director may hold hearings, take oaths--procedure
on failure to testify--confidentiality of recorders--penalties.
198.177. Compelling of testimony--grant of immunity, when.
198.180. Audit and inspection of records, when--warrant.
198.183. State agencies and law enforcement officers to cooperate with fraud
investigation division.
198.186. Local crime investigation powers not diminished.
198.187. Criminal background checks for residents permitted.
198.189. Medicaid payment system for assisted living facilities to be
implemented--options.
198.200. District created, how--territory included--name--nursing home defined.
198.210. Petition of voters for district, where filed, contents.
198.220. Notice of hearing on petition--costs of notice.
198.230. Procedure where several petitions filed--amendment.
198.240. If petition sufficient county commission to order election.
198.250. Notice of election, contents.
198.260. Form of ballot.
198.263. Increase in tax levy, procedure--ballot of submission, form.
198.270. Results of election to be filed.
198.280. Election districts--election of
directors--terms--qualifications--declaration of
candidacy--appointed if no candidate--no election required when.
198.290. Powers of board of directors--first meeting--officers--bylaws--time
for meetings.
198.300. Powers of nursing home district.
198.301. Whistleblower protection for employees--availability of information
on rights of persons retaliated against.
198.305. Unsuitable site, may be changed, when.
198.310. Indebtedness for nursing home--election--ballot--limits--tax to pay.
198.312. Revenue bonds authorized, when.
198.314. Revenue bonds not an indebtedness of the issuing authority.
198.316. Revenue bonds, form of, interest rate--to be negotiable instruments.
198.318. Board of directors to prescribe form, make necessary covenants,
restrictions--bondholders, remedies of--revenue bonds, not to be
exclusive method of financing.
198.320. Annexation of territory to district--election.
198.330. Records of district--officers and employees to give bond.
198.340. Board as trustee may accept and hold property donated--duties.
198.345. Apartments for seniors, districts may establish (counties of third and
fourth classification).
198.350. Citation of law.
198.360. Dissolution of district.
198.401. Nursing facility reimbursement allowance, definitions.
198.403. Formula set forth in rules.
198.406. Records required, transmittal to department--elements of report,
determinations.
198.409. Determination of amount due--notification, payments--offset allowed.
198.412. Finality of determination, protest--hearing, reconsideration, appeal.
198.416. Forms and content set forth in rule.
198.418. Remittance of amount--nursing facility reimbursement allowance fund,
purpose, restrictions--nursing facility quality of care fund, purpose,
restrictions.
198.421. Allowance period, notification by department, delinquent
allowance--lien, enforcement, sanctions--effect upon license.
198.424. No effect upon tax-exempt status.
198.427. Medicaid provider agreements, payments, rate, computation.
198.428. Medicaid eligibility presumed pending approval or denial of
application, when.
198.431. Contingent application of requirements--disbursement of fund, when.
198.433. Imposition of allowance, when.
198.436. Rules, regulations, promulgation, procedure.
198.439. Expiration date.
198.500. Citation of law.
198.505. Definitions.
198.510. Disclosure required, by whom--licensing department, duties--department
of social services, duties--department of health and senior services,
duties.
198.515. Alzheimer's facilities, informational documents required--division
of aging, duties--licensing department, verification.
198.525. Inspection of certain long-term care facilities, when--restrictions on
surveyors, required disclosures--immediate family member
defined--conflict of interest, when.
198.526. Biannual inspections--reevaluation of inspection
process--reduction in inspection schedule, when--disclosure of
inspection schedule limited, penalty for violation.
198.527. Inspectors and surveyors of long-term care facilities--uniformity of
application of regulation standards.
198.528. Long-term care facility information to be provided on department
internet website.
198.530. Managed care services provided in long-term care facilities, when,
conditions--reimbursement rate--services included.
198.531. (Repealed L. 2012 H.B. 1608 A)
198.532. Investigation of complaints--results provided, when.
198.533. Conflict of interest, state investigators.
198.534. Rulemaking authority.
198.540. (Repealed L. 2007 S.B. 613 Revision A)
198.545. Definitions--contracting with third parties--department to establish
IDR process, procedures--rulemaking authority.
198.600. (Repealed L. 2010 H.B. 1965 A)

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