reglab/housing_qa huggingface dataset:
MO Rev Stat § 198.096 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.096 - Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow.

Effective - 28 Aug 2009   198.096. Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow. — 1. The operator of any facility who holds in trust personal funds of residents as provided in section 198.090 shall obtain and file with the department a bond in a form approved by the department in an amount equal to one and one-half times the average monthly balance or average total of the monthly balances, rounded to the nearest one thousand dollars, in the residents' personal funds account or accounts kept pursuant to subdivision (3) of subsection 1 of section 198.090 for the preceding twelve months. In the case of a new facility or of an operator not previously holding in trust the personal funds of residents, the department shall determine the amount of bond to be required, taking into consideration the size and type of facility, the number of residents, and the experience of comparable facilities.  2. The required bond shall be conditioned to secure to every resident or former resident, or the estate of a former resident, the return of any moneys held in trust of which the resident has been wrongfully deprived by acts of the operator or any affiliates or employees of the operator. The liability of the surety to any and all persons shall not exceed the stated amount of the bond regardless of the period of time the bond has been in effect.  3. Whenever the director determines that the amount of any bond which is filed pursuant to this subsection is insufficient to adequately protect the money of residents which is being handled, or whenever the amount of any such bond is impaired by any recovery against the bond, the director may require the operator to file an additional bond in such amount as necessary to adequately protect the money of residents being handled.  4. In the event that any such bond includes a provision allowing the surety to cancel after notice, the bond shall provide for a minimum of sixty days' notice to the department.  5. The operator may, in lieu of a bond, place a cash deposit equal to the amount of the bond required in this section with an insured lending institution pursuant to a noncancelable escrow agreement with the lending institution if the written agreement is submitted to and approved by the department. No escrow agreement shall be approved without verification of cash deposit. ­­-------- (L. 1979 S.B. 328, et al. § 32, A.L. 1988 S.B. 602, A.L. 2009 H.B. 395)
MO Rev Stat § 198.097 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.097 - Misappropriation of funds of elderly or disabled nursing home residents, penalty.

Effective - 01 Jan 2017, 2 histories   198.097. Misappropriation of funds of elderly or disabled nursing home residents, penalty. — 1. Any person who assumes the responsibility of managing the financial affairs of an elderly or disabled person who is a resident of any facility licensed under this chapter is guilty of a class E felony if such person misappropriates the funds and fails to pay for the facility care of the elderly or disabled person. For purposes of this subsection, a person assumes the responsibility of managing the financial affairs of an elderly person when he or she receives, has access to, handles, or controls the elderly or disabled person's monetary funds, including but not limited to Social Security income, pension, cash, or other resident income.  2. Evidence of misappropriating funds and failure to pay for the care of an elderly or disabled person may include but not be limited to proof that the facility has sent, by certified mail with confirmation receipt requested, notification of failure to pay facility care expenses incurred by a resident to the person who has assumed responsibility of managing the financial affairs of the resident.  3. Nothing in subsection 2 of this section shall be construed as limiting the investigations or prosecutions of violations of subsection 1 of this section or the crime of financial exploitation of an elderly or disabled person as defined by section 570.145. ­­-------- (L. 1987 S.B. 277 § 1, A.L. 2007 S.B. 577, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 198.099 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.099 - Petition for appointment of receiver — when.

Effective - 01 Jul 1979   198.099. Petition for appointment of receiver — when. — The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a facility or the owner or operator of a facility may petition for appointment of a receiver for a facility when any of the following conditions exist:  (1) The operator is operating without a license;  (2) The department has revoked the license of an operator or refused to grant an application for a license to the operator;  (3) The department has initiated revocation procedures and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license revocation;  (4) The facility is closing or intends to close and adequate arrangements for relocation of residents have not been made at least thirty days prior to closure;  (5) An emergency exists in the facility;  (6) The operator is insolvent; or  (7) An owner of the land or structure is insolvent and such insolvency substantially affects the operation of the facility. ­­-------- (L. 1979 S.B. 328, et al. § 33)  Effective 7-1-79
MO Rev Stat § 198.103 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.103 - Department may appoint monitor.

Effective - 01 Jul 1979   198.103. Department may appoint monitor. — In any situation described in section 198.099, the department may place a person to act as a monitor in the facility. The monitor shall observe operation of the facility and shall advise it on how to comply with state laws and regulations, and shall submit a written report periodically to the department on the operation of the facility. ­­-------- (L. 1979 S.B. 328, et al. § 34)  Effective 7-1-79
MO Rev Stat § 198.108 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.108 - Ex parte appointment of receiver in emergency, when — notice — hearing.

Effective - 01 Jul 1979   198.108. Ex parte appointment of receiver in emergency, when — notice — hearing. — If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to believe that an emergency exists in the facility, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing. Notice of the petition and order shall be served on the operator or administrator of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the facility within twenty-four hours after issuance of the order. If the petition is not filed by the attorney general, a copy of the petition shall be served on the department and upon the attorney general. A hearing on the petition shall be held within three days after notice is served or posted unless the operator consents to a later date. After the hearing, the court may terminate, continue or modify the temporary order. ­­-------- (L. 1979 S.B. 328, et al. § 36)  Effective 7-1-79
MO Rev Stat § 198.115 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.115 - Executory contracts, receiver not required to honor — when — hearing.

Effective - 01 Jul 1979   198.115. Executory contracts, receiver not required to honor — when — hearing. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the facility's operator or administrator while acting in that capacity, if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:  (1) The person seeking payment under the agreement was an affiliate of the operator or owner at the time the agreement was made;  (2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.  2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease or mortgage involved by any person who received such notice, but the payment does not relieve the owner or operator of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved. ­­-------- (L. 1979 S.B. 328, et al. § 38)  Effective 7-1-79
MO Rev Stat § 198.118 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.118 - Compensation of receiver.

Effective - 01 Jul 1979   198.118. Compensation of receiver. — The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership. ­­-------- (L. 1979 S.B. 328, et al. § 39)  Effective 7-1-79
MO Rev Stat § 198.121 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.121 - Bond of receiver.

Effective - 01 Jul 1979   198.121. Bond of receiver. — A receiver may be required by the court to post a bond, which shall be considered a necessary expense of the receivership. ­­-------- (L. 1979 S.B. 328, et al. § 40)  Effective 7-1-79
MO Rev Stat § 198.124 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.124 - License may be issued to facility operated by receiver — duration.

Effective - 01 Jul 1979   198.124. License may be issued to facility operated by receiver — duration. — Other provisions of sections 198.003 to 198.096 notwithstanding, the department may issue a license to a facility being operated by a receiver under sections 198.099 to 198.136. The duration of a license issued under this subsection is limited to the duration of the receivership. ­­-------- (L. 1979 S.B. 328, et al. § 41)  Effective 7-1-79
MO Rev Stat § 198.128 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.128 - Termination of receivership, when.

Effective - 01 Jul 1979   198.128. Termination of receivership, when. — The court may terminate a receivership:  (1) Upon a motion by any party to the petition, by the department, or by the receiver, and a finding by the court that the deficiencies and violations in the facility have been substantially eliminated or remedied; or  (2) If all residents in the facility have been provided alternative modes of health care, either in another facility or otherwise. ­­The court may immediately terminate the receivership, or may terminate the receivership subject to such terms as the court deems necessary or appropriate to prevent the conditions complained of from recurring. ­­-------- (L. 1979 S.B. 328, et al. § 42)  Effective 7-1-79
MO Rev Stat § 198.132 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.132 - Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment.

Effective - 01 Jul 1979   198.132. Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment. — 1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under section 198.108 and of the expenses of the receivership.  2. If the operating funds collected by the receiver under section 198.112 exceed the reasonable expenses of the receivership, the court shall order the payment of the surplus to the operator. If the operating funds are insufficient to cover reasonable expenses of the receivership, the operator shall be liable for the deficiency. The operator may apply to the court to determine the reasonableness of any expense of the receivership. The operator shall not be responsible for expenses in excess of what the court finds to be reasonable.  3. If a deficiency exists under subsection 2 of this section, the receiver may apply to the court for such a determination. If after notice to all interested parties and a hearing the court finds that in fact a deficiency does exist, then the court shall enter judgment in favor of the receiver and against the appropriate party or parties as set forth in subsection 2 of this section for the amount of such deficiency. Any judgment obtained under this subsection shall be treated as any other judgment and may be enforced according to law.  4. Any judgment for a deficiency obtained in accordance with this section by the receiver or any portion thereof may be assigned wholly or in part upon approval of the court.  5. The judgment shall have priority over any other judgment or lien or other interest which originates subsequent to the filing of a petition for receivership under the provisions of sections 198.099 to 198.136 except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver. ­­-------- (L. 1979 S.B. 328, et al. § 43)  Effective 7-1-79
MO Rev Stat § 198.136 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.136 - Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved.

Effective - 01 Jul 1979   198.136. Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved. — No operator or affiliate may be held liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership. Nothing in sections 198.099 to 198.136 shall be deemed to relieve any operator or any affiliate of an operator of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the operator or affiliates of the operator prior to the appointment of a receiver under section 198.105 or 198.108, nor shall anything contained in sections 198.099 to 198.136 be construed to suspend during the receivership any obligation of the operator or any affiliate of an operator for payment of taxes or other operating and maintenance expenses of the facility, nor of the operator or affiliates of the operator for the payment of mortgages or liens. ­­-------- (L. 1979 S.B. 328, et al. § 44)  Effective 7-1-79
MO Rev Stat § 198.139 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.139 - Medicaid moneys not to be used for other purposes.

Effective - 01 Jul 1979   198.139. Medicaid moneys not to be used for other purposes. — A health care provider or vendor shall not knowingly use any moneys paid to him under Medicaid for services provided to any resident for any purpose other than that permitted by the provisions of chapter 208 or state regulations or federal regulations or statutes governing Medicaid reimbursement. ­­-------- (L. 1979 S.B. 328, et al. § 45)  Effective 7-1-79
MO Rev Stat § 198.142 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.142 - Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments.

Effective - 01 Jul 1979   198.142. Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments. — A health care provider or vendor shall not knowingly:  (1) Make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment under Medicaid for services provided to any resident;  (2) Make or cause to be made any false statement or representation of any material fact for use in determining the person's eligibility for any benefit or payment under Medicaid for services provided to any resident;  (3) Conceal or fail to disclose any material fact that affects his eligibility for any benefit or payment under Medicaid for services provided to any resident or affects the eligibility of another for whom he applies or for whom he receives such benefit or payment, with the intent to secure the benefit or payment in a greater quantity than is due or to secure the benefit or payment when none is permitted;  (4) Convert a benefit or payment he receives under Medicaid for services provided to a resident for a use or benefit other than that for which it was specifically intended. ­­-------- (L. 1979 S.B. 328, et al. § 46)  Effective 7-1-79
MO Rev Stat § 198.145 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.145 - Kickbacks, bribes and rebates prohibited, when.

Effective - 01 Jul 1979   198.145. Kickbacks, bribes and rebates prohibited, when. — A person shall not purposely solicit or receive any payment, including, without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind, from any vendor or health care provider:  (1) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Medicaid; or  (2) In return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any good, facility, service or item for which payment may be made in whole or in part under Medicaid. ­­-------- (L. 1979 S.B. 328, et al. § 47)  Effective 7-1-79
MO Rev Stat § 198.148 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.148 - Offering or making kickbacks, bribes or rebates prohibited, when.

Effective - 01 Jul 1979   198.148. Offering or making kickbacks, bribes or rebates prohibited, when. — A health care provider or vendor shall not purposely offer or make any payment, including without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to any person to induce the person:  (1) To refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Medicaid; or  (2) To purchase, lease, order or arrange for or recommend purchasing, leasing or ordering any good, facility, service or item for which payment may be made in whole or in part under Medicaid. ­­-------- (L. 1979 S.B. 328, et al. § 48)  Effective 7-1-79
MO Rev Stat § 198.151 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.151 - Usual trade discounts and employment benefits not kickbacks, bribes or rebates.

Effective - 01 Jul 1979   198.151. Usual trade discounts and employment benefits not kickbacks, bribes or rebates. — Sections 198.145 and 198.148 do not apply to:  (1) Any usual trade discount which is dependent solely upon time of payment or quantity buying to wholesalers which is obtained by a health care provider regardless of whether reflected in the cost claimed or charges made by the health care provider under Medicaid; and  (2) Any amount paid by an employer to an employee, who has a bona fide employment relationship with the employer, for employment in the provision of covered services or items. ­­-------- (L. 1979 S.B. 328, et al. § 49)  Effective 7-1-79
MO Rev Stat § 198.155 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.155 - False statements by health care provider prohibited, when.

Effective - 01 Jul 1979   198.155. False statements by health care provider prohibited, when. — 1. A health care provider shall not knowingly make or cause to be made any false statement or representation of material fact in order to qualify either upon initial certification or upon recertification to receive funds under Medicaid.  2. A health care provider shall not knowingly induce or seek to induce any such false statement or representation of material fact for consideration, whether the consideration is direct or indirect. ­­-------- (L. 1979 S.B. 328, et al. § 50)  Effective 7-1-79
MO Rev Stat § 198.158 (2021)
2021 Missouri Revised Statutes|Title XII - Public Health and Welfare|Chapter 198 - Nursing Homes and Facilities|Section 198.158 - Penalties for violation of sections 198.139 to 198.155.

Effective - 01 Jan 2017, 2 histories   198.158. Penalties for violation of sections 198.139 to 198.155. — 1. A person committing any act in violation of any provision of sections 198.139 to 198.155 is guilty of a class E felony.  2. A vendor or health care provider convicted of a criminal violation of sections 198.139 to 198.155 shall be prohibited from receiving future moneys under Medicaid or from providing services under Medicaid for or on behalf of any other health care provider. However, the director of the department or his or her designee shall review this prohibition upon the petition of a vendor or health care provider so convicted and, for good cause shown, may reinstate the vendor or health care provider as being eligible to receive funds under Medicaid. The decision of the director or his or her designee shall be made in writing after the director of the fraud investigation division is allowed the opportunity to state his or her position concerning such petition.  3. A vendor or health care provider committing any act or omission in violation of sections 198.139 to 198.155 shall be civilly liable to the state for any moneys obtained under Medicaid as a result of such act or omission. ­­-------- (L. 1979 S.B. 328, et al. § 51, A.L. 2014 S.B. 491)  Effective 1-01-17