reglab/housing_qa huggingface dataset:
MO Rev Stat § 198.525 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.525 - Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when.

Effective - 28 Aug 2009   198.525. Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when. — 1. Except as otherwise provided pursuant to section 198.526, in order to comply with sections 198.012 and 198.022, the department of health and senior services shall inspect residential care facilities, assisted living facilities, intermediate care facilities, and skilled nursing, including those facilities attached to acute care hospitals at least twice a year.  2. The department shall not assign an individual to inspect or survey a long-term care facility licensed under this chapter, for any purpose, in which the inspector or surveyor was an employee of such facility within the preceding two years.  3. For any inspection or survey of a facility licensed under this chapter, regardless of the purpose, the department shall require every newly hired inspector or surveyor at the time of hiring or, with respect to any currently employed inspector or surveyor as of August 28, 2009, to disclose:  (1) The name of every Missouri licensed long-term care facility in which he or she has been employed; and  (2) The name of any member of his or her immediate family who has been employed or is currently employed at a Missouri licensed long-term care facility. ­­The disclosures under this subsection shall be disclosed to the department whenever the event giving rise to disclosure first occurs.  4. For purposes of this section, the phrase "immediate family member" shall mean husband, wife, natural or adoptive parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild.  5. The information called for in this section shall be a public record under the provisions of subdivision (6) of section 610.010.  6. Any person may notify the department if facts exist that would lead a reasonable person to conclude that any inspector or surveyor has any personal or business affiliation that would result in a conflict of interest in conducting an inspection or survey for a facility. Upon receiving that notice, the department, when assigning an inspector or surveyor to inspect or survey a facility, for any purpose, shall take steps to verify the information and, if the department has probable cause to believe that it is correct, shall not assign the inspector or surveyor to the facility or any facility within its organization so as to avoid an appearance of prejudice or favor to the facility or bias on the part of the inspector or surveyor. ­­-------- (L. 1999 S.B. 8 & 173 § 4, A.L. 2003 S.B. 556 & 311, A.L. 2009 H.B. 395)
MO Rev Stat § 198.526 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.526 - Biannual inspections — reevaluation of inspection process — reduction in inspection schedule, when — disclosure of inspection schedule limited, penalty for violation.

Effective - 28 Aug 2003   198.526. Biannual inspections — reevaluation of inspection process — reduction in inspection schedule, when — disclosure of inspection schedule limited, penalty for violation. — 1. Except as provided in subsection 3 of this section, the department of health and senior services shall inspect all facilities licensed by the department at least twice each year. Such inspections shall be conducted:  (1) Without the prior notification of the facility; and  (2) At times of the day, on dates and at intervals which do not permit facilities to anticipate such inspections.  2. The department shall annually reevaluate the inspection process to ensure the requirements of subsection 1 of this section are met.  3. The department may reduce the frequency of inspections to once a year if a facility is found to be in substantial compliance. The basis for such determination shall include, but not be limited to, the following:  (1) Previous inspection reports;  (2) The facility's history of compliance with rules promulgated pursuant to this chapter;  (3) The number and severity of complaints received about the facility; and  (4) In the year subsequent to a finding of no class I violations or class II violations, the facility does not have a change in ownership, operator, or, if the department finds it significant, a change in director of nursing.  4. Information regarding unannounced inspections shall be disclosed to employees of the department on a need-to-know basis only. Any employee of the department who knowingly discloses the time of an unannounced inspection in violation of this section is guilty of a class A misdemeanor and shall have his or her employment immediately terminated. ­­-------- (L. 1999 S.B. 326 § 4, A.L. 2003 S.B. 556 & 311)  CROSS REFERENCE:  Rulemaking authority, 198.534
MO Rev Stat § 198.527 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.527 - Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards.

Effective - 28 Aug 2012, 2 histories   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:  (1) Evaluate the requirements for inspectors or surveyors of facilities, including the eligibility, training and testing requirements for the position. Based on the evaluation, the department shall develop and implement additional training and knowledge standards for inspectors and surveyors;  (2) Periodically evaluate the performance of the inspectors or surveyors regionally and statewide to identify any deviations or inconsistencies in regulation application. At a minimum, the number and type of actions overturned by the informal dispute resolution process under section 198.545 and formal appeal shall be used as part of the evaluation. Based on such evaluation, the department shall develop standards and a retraining process for the region, state, or individual inspector or surveyor, as needed;  (3) In addition to the provisions of subdivisions (1) and (2) of this section, the department shall develop a single uniform comprehensive and mandatory course of instruction for inspectors/surveyors on the practical application of enforcement of statutes, rules and regulations. Such course shall also be open to attendance by administrators and staff of facilities licensed pursuant to this chapter. ­­-------- (L. 1999 H.B. 316, et al. § 2, A.L. 2009 H.B. 395, A.L. 2012 H.B. 1608)
MO Rev Stat § 198.528 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.528 - Long-term care facility information to be provided on department internet website.

Effective - 28 Aug 2003   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 such findings of deficiencies and the effect the deficiency would have on such facility. If such survey is in dispute, the survey shall not be posted on the website until the facility's informal dispute resolution process resolves the dispute and the department shall, upon request of the facility, post the facility's response;  (2) The facility's proposed plan of correction;  (3) A link to the federal website that provides a summary of facility surveys conducted over the last three years; and  (4) Information on how to obtain a copy of a complete facility survey conducted over the last three years.  2. Nothing in this section shall be construed as requiring the department to post any information on its internet website that is prohibited from disclosure pursuant to the federal Health Insurance Portability and Accountability Act, as amended. ­­-------- (L. 2003 S.B. 556 & 311)
MO Rev Stat § 198.532 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.532 - Investigation of complaints — results provided, when.

Effective - 28 Aug 2003   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 actions or the lack of actions taken by the facility shall be investigated within thirty days of receipt of such complaints. The purpose of such investigation shall be to ensure the safety, protection and care of all residents of the facility likely to be affected by the alleged action or inaction. Such investigation shall be in addition to the investigation requirements for abuse and neglect reports pursuant to section 198.070.  2. The department shall provide the results of all investigations in accordance with section 192.2500. The department shall provide the results of such investigation in writing to all parties to the complaint, and if requested, to any of the facility's residents, or their family members or guardians. Complaints and written results will be readily available for public access and review at the department of health and senior services and at the long-term care facility. Personal information identifying the resident will be blanked out, except in regard to immediate family, the attorney-in-fact or the legal guardian of the resident in question. This information will remain readily available for a period of time determined by the department of health and senior services.  ­­-------- (L. 1999 S.B. 326 § 1, A.L. 2003 S.B. 556 & 311)
MO Rev Stat § 198.533 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.533 - Conflict of interest, state investigators.

Effective - 28 Aug 1999   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. ­­-------- (L. 1999 S.B. 326 § 2)
MO Rev Stat § 198.534 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.534 - Rulemaking authority.

Effective - 28 Aug 1999   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 that term is defined in section 536.010, that is created under the authority delegated in this section and sections 198.080, 198.086, 198.526, 198.532 and 198.533 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void. ­­-------- (L. 1999 S.B. 326 § 6)
MO Rev Stat § 198.610 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.610 - Citation of law — definitions.

Effective - 28 Aug 2020   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:  (1) "Authorized electronic monitoring", the placement and use of an electronic monitoring device by a resident in his or her room in accordance with the provisions of sections 198.610 to 198.632;  (2) "Department", the department of health and senior services;  (3) "Electronic monitoring device", a surveillance instrument capable of recording or transmitting audio or video footage of any activity occurring in a resident's room;  (4) "Facility" or "long-term care facility", any residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility, as such terms are defined under section 198.006;  (5) "Guardian", the same meaning as defined under section 475.010;  (6) "Legal representative", a person authorized under a durable power of attorney that complies with sections 404.700 to 404.737 to act on behalf of a resident of a facility;  (7) "Resident", a person residing in a facility. ­­-------- (L. 2020 H.B. 1387 & 1482)
MO Rev Stat § 198.612 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.612 - Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority.

Effective - 28 Aug 2020   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 monitoring device that is owned and operated by the resident or provided by the resident's guardian or legal representative.  2. No facility shall be civilly or criminally liable for activity or action arising out of the use by any resident or any resident's guardian or legal representative of any electronic monitoring device, including the facility's inadvertent or intentional disclosure of a recording made by a resident, or by a person who consents on behalf of the resident, for any purpose not authorized under sections 198.610 to 198.632.  3. No facility shall be civilly or criminally liable for a violation of the Health Insurance Portability and Accountability Act (HIPAA) or any resident's right to privacy arising out of any electronic monitoring conducted under sections 198.610 to 198.632.  4. Except for cases of abuse and neglect, no person shall release any recording made under sections 198.610 to 198.632 without the written permission of the resident or the resident's guardian or legal representative and the long-term care facility.  5. The department shall promulgate rules to implement the provisions of sections 198.610 to 198.632. 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 effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void. ­­-------- (L. 2020 H.B. 1387 & 1482)
MO Rev Stat § 198.614 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.614 - Unauthorized placement of electronic monitoring device — immunity from liability, when.

Effective - 28 Aug 2020   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 placement and use of the device is not open and obvious; or  (2) The facility and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.  2. The department and the facility shall be immune from civil liability in connection with the unauthorized placement or use of an electronic monitoring device in the room of a resident. ­­-------- (L. 2020 H.B. 1387 & 1482)
MO Rev Stat § 198.616 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.616 - Acknowledgment form, contents.

Effective - 28 Aug 2020   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 form shall be completed and signed by or on behalf of a resident prior to the installation of, or any use of, an electronic monitoring device in the facility. The form shall state:  (1) That a person who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;  (2) That a person who, without authorization, places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the unauthorized placement of the device in the room of a resident has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;  (3) That a resident or the resident's guardian or legal representative is entitled to conduct authorized electronic monitoring, and that if the facility refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring, the person should contact the department;  (4) The basic procedures that shall be followed to request authorized electronic monitoring;  (5) The manner in which sections 198.610 to 198.632 affect the legal requirement to report abuse or neglect when electronic monitoring is being conducted; and  (6) Any other information regarding authorized or unauthorized electronic monitoring that the department, by regulation, specifies should be included on the form. ­­-------- (L. 2020 H.B. 1387 & 1482)
MO Rev Stat § 198.618 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.618 - Resident sole authority to request monitoring — exception for lack of capacity, requirements.

Effective - 28 Aug 2020   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 electronic monitoring under sections 198.610 to 198.632, notwithstanding the terms of any durable power of attorney, general power of attorney, or similar instrument.  2. If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under sections 198.610 to 198.632.  3. If a resident has been determined by a physician to lack capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under sections 198.610 to 198.632. ­­-------- (L. 2020 H.B. 1387 & 1482)
MO Rev Stat § 198.622 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.622 - Facility to permit monitoring, requirements.

Effective - 28 Aug 2020   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 conducts authorized electronic monitoring, or the resident's guardian or legal representative, to post and maintain a conspicuous notice at the entrance to the resident's room. The notice shall state that the room is being monitored by an electronic monitoring device.  3. Authorized electronic monitoring conducted under sections 198.610 to 198.632 shall not be compulsory and shall be conducted only at the request of the resident or the resident's guardian or legal representative.  4. A facility shall not refuse to admit an individual to residency in the facility and shall not remove a resident from the facility because of a request to conduct authorized electronic monitoring. A facility shall not remove a resident from the facility because unauthorized electronic monitoring is being conducted by or on behalf of a resident.  5. A facility shall make reasonable physical accommodation for authorized electronic monitoring, including:  (1) Providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and  (2) Providing access to power sources for the video surveillance camera or other electronic monitoring device.  6. The resident or the resident's guardian or legal representative shall pay for all costs associated with conducting electronic monitoring, except for the costs of electricity. The resident or the resident's guardian or legal representative shall be responsible for:  (1) All costs associated with installation of equipment incurred by the resident or the facility; and  (2) Maintaining the equipment.  7. A facility shall require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room. The department shall adopt rules regarding the safe placement of an electronic monitoring device.  8. If authorized electronic monitoring is conducted, the facility shall require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view.  9. A facility shall not be required to provide internet service or network access to any electronic monitoring device. Any internet service for an electronic monitoring device shall be the sole responsibility of the resident or the resident's guardian or legal representative.  10. A facility may move a resident to a comparable room to accommodate a request to conduct authorized electronic monitoring. ­­-------- (L. 2020 H.B. 1387 & 1482)