reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.300 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 12 Jul 1996, see footnote
197.300. Citation of law. —
Sections 197.300 to 197.366 shall be known as the "Missouri Certificate of Need Law".
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(L. 1979 H.B. 222 § 1, A.L. 1996 H.B. 1362)
Effective 7-12-96
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.310 - Review committee, members, terms, compensation, duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
197.310. Review committee, members, terms, compensation, duties. —
1. The "Missouri Health Facilities Review Committee" is hereby established. The agency shall provide clerical and administrative support to the committee. The committee may employ additional staff as it deems necessary.
2. The committee shall be composed of:
(1) Two members of the senate appointed by the president pro tem, who shall be from different political parties; and
(2) Two members of the house of representatives appointed by the speaker, who shall be from different political parties; and
(3) Five members appointed by the governor with the advice and consent of the senate, not more than three of whom shall be from the same political party.
3. No business of this committee shall be performed without a majority of the full body.
4. The members shall be appointed as soon as possible after September 28, 1979. One of the senate members, one of the house members and three of the members appointed by the governor shall serve until January 1, 1981, and the remaining members shall serve until January 1, 1982. All subsequent members shall be appointed in the manner provided in subsection 2 of this section and shall serve terms of two years.
5. The committee shall elect a chairman at its first meeting which shall be called by the governor. The committee shall meet upon the call of the chairman or the governor.
6. The committee shall review and approve or disapprove all applications for a certificate of need made under sections 197.300 to 197.366. It shall issue reasonable rules and regulations governing the submission, review and disposition of applications.
7. Members of the committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
8. Notwithstanding the provisions of subsection 4 of section 610.025
*
, the proceedings and records of the facilities review committee shall be subject to the provisions of chapter 610.
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(L. 1979 H.B. 222 § 3, A.L. 1999 S.B. 326)
Effective 7-1-99
*Section 610.025 was repealed by S.B. 2, 1987.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.311 - Political contributions to committee members by applicants prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 03 Jun 1994, see footnote
197.311. Political contributions to committee members by applicants prohibited. —
No member of the Missouri health facilities review committee may accept a political donation from any applicant for a license.
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(L. 1994 H.B. 1408 § 1)
Effective 6-3-94
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.312 - Certificate of need not required for St. Louis residential care facilities and assisted living facilities — certain other facilities, certificate not required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2014, 2 histories
197.312. Certificate of need not required for St. Louis residential care facilities and assisted living facilities — certain other facilities, certificate not required. —
A certificate of need shall not be required for any institution previously owned and operated for or in behalf of a city not within a county which chooses to be licensed as a facility defined under subdivision (22) or (23) of section 198.006 for a facility of ninety beds or less that is owned or operated by a not-for-profit corporation which is exempt from federal income tax as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, which is controlled directly by a religious organization and which has received approval by the department of health and senior services of plans for construction of such facility by August 1, 1995, and is licensed by the department of health and senior services by July 1, 1996, as a facility defined under subdivision (22) or (23) of section 198.006 or for a facility, serving exclusively mentally ill, homeless persons, of sixteen beds or less that is owned or operated by a not-for-profit corporation which is exempt from federal income tax which is described in section 501(c)(3) of the Internal Revenue Code of 1986, which is controlled directly by a religious organization and which has received approval by the department of health and senior services of plans for construction of such facility by May 1, 1996, and is licensed by the department of health and senior services by July 1, 1996, as a facility defined under subdivision (22) or (23) of section 198.006 or an assisted living facility located in a city not within a county operated by a not for profit corporation which is exempt from federal income tax which is described in section 501(c)(3) of the Internal Revenue Code of 1986, which is controlled directly by a religious organization and which is licensed for one hundred beds or less on or before August 28, 1997.
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(L. 1995 S.B. 108 § 1 subsec. 5, A.L. 1996 H.B. 1362, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.316 - Certificate of need not required for nursing homes treating only AIDS patients — violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
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 chapter 198, which are designed and operated exclusively for the care and treatment of persons with acquired human immunodeficiency syndrome, AIDS.
2. If a facility is granted a certificate of need and is found to be exempt from the provisions of subsection 10 of section 197.315 and sections 197.317 and 197.318 pursuant to the provisions of subsection 1 of this section, then only AIDS patients shall be residents of such facility and no others.
3. Any facility that violates the provisions of subsection 2 of this section shall be liable for a fine of one hundred dollars per resident per day for each such violation.
4. The attorney general shall, upon request of the department of health and senior services, bring an action in a circuit court of competent jurisdiction for violation of this section.
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(L. 1995 S.B. 108 § 1 subsecs. 1 to 4, A.L. 1999 S.B. 326)
Effective 7-1-99
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.320 - Rules and regulations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
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 and standards to review new types of equipment or service. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 197.300 to 197.366 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. All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed. Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law. 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.
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(L. 1979 H.B. 222 § 5, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B. 326)
Effective 7-1-99
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.325 - Submission of applications.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
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.
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(L. 1979 H.B. 222 § 6, A.L. 1999 S.B. 326)
Effective 7-1-99
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jan 2017, 2 histories, see footnote
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 or as a lobbyist to support or oppose any project before the health facilities review committee shall register as a lobbyist pursuant to chapter 105 and shall also register with the staff of the health facilities review committee for every project in which such person has an interest and indicate whether such person supports or opposes the named project. The registration shall also include the names and addresses of any person, firm, corporation or association that the person registering represents in relation to the named project. Any person violating the provisions of this subsection shall be subject to the penalties specified in section 105.478.
2. A member of the general assembly who also serves as a member of the health facilities review committee is prohibited from soliciting or accepting campaign contributions from any applicant or person speaking for an applicant or any opponent to any application or persons speaking for any opponent while such application is pending before the health facilities review committee.
3. Any person regulated by chapter 197 or 198 and any officer, attorney, agent and employee thereof, shall not offer to any committee member or to any person employed as staff to the committee, any office, appointment or position, or any present, gift, entertainment or gratuity of any kind or any campaign contribution while such application is pending before the health facilities review committee. Any person guilty of knowingly violating the provisions of this section shall be punished as follows: For the first offense, such person is guilty of a class B misdemeanor; and for the second and subsequent offenses, such person is guilty of a class E felony.
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(L. 1992 S.B. 573 & 634, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.327 - Certificate issued for additional beds for Medicaid patients, use for nonMedicaid patients, penalty — procedure to collect.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1988
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 Medicaid beds, such beds shall be used for Medicaid patients and no other.
2. Any person who violates the provisions of subsection 1 of this section shall be liable to the state for civil penalties of one hundred dollars for every day of such violation. Each nonMedicaid patient placed in a Medicaid bed shall constitute a separate violation.
3. The attorney general shall, upon the request of the department, bring an action in a circuit court of competent jurisdiction to recover the civil penalty. The department may bring such an action itself. The civil action may be brought in the circuit court of Cole County or, at the option of the director, in another county which has venue of an action against the person under other provisions of law.
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(L. 1988 H.B. 1368)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.330 - Duties of review committee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
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 beginning of a review. This notification may be given through publication of the review schedule in all newspapers of general circulation in the area to be served;
(3) Hold public hearings on all applications when a request in writing is filed by any affected person within thirty days from the date of publication of the notification of review;
(4) Within one hundred days of the filing of any application for a certificate of need, issue in writing its findings of fact, conclusions of law, and its approval or denial of the certificate of need; provided, that the committee may grant an extension of not more than thirty days on its own initiative or upon the written request of any affected person;
(5) Cause to be served upon the applicant, the respective health system agency, and any affected person who has filed his prior request in writing, a copy of the aforesaid findings, conclusions and decisions;
(6) Consider the needs and circumstances of institutions providing training programs for health personnel;
(7) Provide for the availability, based on demonstrated need, of both medical and osteopathic facilities and services to protect the freedom of patient choice; and
(8) Establish by regulation procedures to review, or grant a waiver from review, nonsubstantive projects.
­­The term
"filed"
or
"filing"
as used in this section shall mean delivery to the staff of the health facilities review committee the document or documents the applicant believes constitute an application.
2. Failure by the committee to issue a written decision on an application for a certificate of need within the time required by this section shall constitute approval of and final administrative action on the application, and is subject to appeal pursuant to section 197.335 only on the question of approval by operation of law.
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(L. 1979 H.B. 222 § 7, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)
Effective 7-1-99
(1987) Failure of Health Facilities Review Committee to issue decision on application within the time allotted by this section constitutes approval of application and pendency of prior application by same applicant for larger hospital at same location is irrelevant. Platte County Medical Center, Inc. v. Mo. Health F. Review, 734 S.W.2d 608 (Mo. App.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.335 - Appeals, venue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 1999, see footnote
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 service or facility is proposed to be developed.
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(L. 1979 H.B. 222 § 8, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)
Effective 7-1-99
(1984) While a competing facility may be an "affected person" under sections 197.300 to 197.365, it has no right to appeal a decision of the Health Facilities Review Committee. St. Joseph's Hill Infirmary, Inc. v. Mandl (Mo. App.) 682 S.W.2d 821.
(1987) Competitor of applicant for certificate of need to construct nursing home lacked standing to appeal administrative decision to grant certificate since this section expressly limits participants in an appeal to applicant and the health service agency within the affected area. Comm. Care Ctrs. v. Health Fac. Rev. Com., 735 S.W.2d 13 (Mo. App.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.340 - Notices to committee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Oct 1980, see footnote
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 for any such facility.
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(L. 1979 H.B. 222 § 9)
Effective 10-1-80
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.345 - Actions taken prior to October 1, 1980, not affected.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1979
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 prior to October 1, 1980, shall be deemed to have received a certificate of need, except that such certificate of need shall be subject to forfeiture under the provisions of subsections 8 and 9 of section 197.315.
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(L. 1979 H.B. 222 § 10)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.355 - Certificate required before funds may be appropriated.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Oct 1980, see footnote
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.
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(L. 1979 H.B. 222 § 12)
Effective 10-1-80
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.357 - Reimbursement for project cost-overrun in excess of ten percent, eligible when — requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1982
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 or not approval was obtained under subsection 7 of section 197.315 shall not be eligible for reimbursement for the first three years that a facility receives payment for services provided under section 208.152. The initial estimate shall be that amount for which the original certificate of need was obtained or, in the case of facilities for which a binding construction or purchase contract was executed prior to October 1, 1980, the amount of that contract. Reimbursement for these excess costs after the first three years shall not be made until a certificate of need has been granted for the excess project costs. The provisions of this section shall apply only to facilities which file an application for a certificate of need or make application for cost-overrun review of their original application or waiver after August 13, 1982.
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(L. 1982 H.B. 1086)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.366 - Health care facilities defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2010
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-term care hospitals or beds in a long-term care hospital meeting the requirements described in 42 CFR, section 412.23(e); and
(4) Construction of a new hospital as defined in chapter 197.
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(L. 1996 H.B. 1362, A.L. 2010 H.B. 1516 Revision merged with H.B. 1965)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.367 - Licensed bed limitation imposed, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
Effective - 28 Aug 2014, 2 histories
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 maintain for any calendar year its occupancy level above thirty percent of its then licensed beds, the department of health and senior services shall license only fifty beds for such facility.
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(L. 1999 S.B. 326 § 8, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.400 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 2 histories
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 services;
(3)
"Home health agency"
, a public agency or private organization or a subdivision or subunit of an agency or organization that provides two or more home health services at the residence of a patient according to a written plan of treatment signed by a physician, nurse practitioner, clinical nurse specialist, or physician assistant;
(4)
"Home health services"
, any of the following items and services provided at the residence of the patient on a part-time or intermittent basis: nursing, physical therapy, speech therapy, occupational therapy, home health aid, or medical social service;
(5)
"Nurse practitioner, clinical nurse specialist"
, a person recognized by the state board of nursing pursuant to the provisions of chapter 335 to practice in this state as a nurse practitioner or clinical nurse specialist;
(6)
"Part-time or intermittent basis"
, the providing of home health services in an interrupted interval sequence on the average of not to exceed three hours in any twenty-four-hour period;
(7)
"Patient's residence"
, the actual place of residence of the person receiving home health services, including institutional residences as well as individual dwelling units;
(8)
"Physician"
, a person licensed by the state board of registration for the healing arts pursuant to the provisions of chapter 334 to practice in this state as a physician and surgeon;
(9)
"Physician assistant"
, a person licensed by the state board of registration for the healing arts pursuant to the provisions of chapter 334 to practice in this state as a physician assistant;
(10)
"Plan of treatment"
, a plan reviewed and signed as often as necessary by a physician, podiatrist, nurse practitioner, clinical nurse specialist, or a physician assistant, not to exceed sixty days in duration, and reviewed by a physician at least once every six months, prescribing items and services for an individual patient's condition;
(11)
"Podiatrist"
, a person licensed by the state board of podiatry pursuant to the provisions of chapter 330 to practice in this state as a podiatrist;
(12)
"Subunit"
or
"subdivision"
, any organizational unit of a larger organization which can be clearly defined as a separate entity within the larger structure, which can meet all of the requirements of sections 197.400 to 197.475 independent of the larger organization, which can be held accountable for the care of patients it is serving, and which provides to all patients care and services meeting the standards and requirements of sections 197.400 to 197.475.
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(L. 1983 H.B. 51 § 1, A.L. 1997 H.B. 642, A.L. 2022 H.B. 2149 merged with H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.405 - Home health agencies, license required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 or as a home health agency unless it is licensed and registered in accordance with the provisions of sections 197.400 to 197.475.
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(L. 1983 H.B. 51 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.410 - Application for license, fee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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. The application shall be accompanied by a six hundred-dollar license fee.
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(L. 1983 H.B. 51 § 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.415 - License issued or renewed, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 2 histories
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 renewed annually upon approval of the department when the following conditions have been met:
(1) The application for renewal is accompanied by a six-hundred-dollar license fee;
(2) The home health agency is in compliance with the requirements established pursuant to the provisions of sections 197.400 to 197.475 as evidenced by an inspection by the department which shall occur in accordance with Title XVIII of the Social Security Act;
(3) The application is accompanied by a statement of any changes in the information previously filed with the department pursuant to section 197.410.
3. Each license shall be issued only for the home health agency listed in the application. Licenses shall be posted in a conspicuous place in the main offices of the licensed home health agency.
4. In lieu of any survey required by sections 197.400 to 197.475, the department may accept in whole or in part written reports of the survey of any state or federal agency, or of any professional accrediting agency, if such survey:
(1) Is comparable in scope and method to the department's surveys; and
(2) Is conducted in accordance with Title XVIII of the Social Security Act as required by subdivision (2) of subsection 2 of this section.
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(L. 1983 H.B. 51 § 4, subsecs. 1, 2, 3, A.L. 1997 H.B. 643 merged with S.B. 373, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.416 - Out-of-state applicants for licensure, compliance history may be requested.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2003
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 may request from the applicant the past five years compliance history of all home health agencies owned by the applicant located outside of this state.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.420 - License not transferable or assignable on sale or transfer of ownership — new application, requirement — temporary license, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 corporate legal organization status is substantially changed, the license of the agency shall be voided and a new license obtained. Application for a new license shall be made to the department in writing, at least ninety days prior to the effective date of the sale, transfer, or change in corporate status. The application for a new license shall be on the same form, containing the same information required for an original license, and shall be accompanied by a license fee of six hundred dollars. The department may issue a temporary operating permit for the continuation of the operation of the home health agency for a period of not more than ninety days pending the survey inspection and the final disposition of the application. The department shall require all licensed home health agencies to submit statistical reports. The content, format, and frequency of such reports shall be determined by the department with council approval.
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(L. 1983 H.B. 51 § 4, subsec. 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.425 - Survey inspections by department, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 representatives to enter upon its premises during normal business hours for the purpose of conducting the survey inspection.
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(L. 1983 H.B. 51 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.430 - Report on survey, list of deficiencies, content — plan of correction filed with department — resurvey and administrative review procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 provisions of sections 197.400 to 197.475 and the standards established hereunder as well as a list of deficiencies found shall be prepared. A copy of the report and the list of deficiencies found shall be served upon the home health agency within fifteen business days following the survey inspection. The list of deficiencies shall specifically state the statute or rule which the home health agency is alleged to have violated. If the home health agency acknowledges the deficiencies found by the survey inspection, the home health agency shall inform the department of the time necessary for compliance and shall file a plan of correction with the department. If the home health agency does not acknowledge the deficiencies, it may request a resurvey by the department. If, after the resurvey, the home health agency still does not agree with the findings of the department, it may seek a review of the findings of the department by the administrative hearing commission.
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(L. 1983 H.B. 51 § 6)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.435 - Complaint procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 the department determines the charges are sufficient to warrant a hearing to determine whether the license of the home health agency should be suspended or revoked, the department shall fix a time and place for a hearing and require the home health agency to appear and defend against the complaint. A copy of the complaint shall be given to the home health agency at the time it is notified of the hearing. The notice of the hearing shall be given at least twenty days prior to the date of the hearing. The hearing shall be conducted by the administrative hearing commission in accordance with the provisions of chapter 621.
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(L. 1983 H.B. 51 § 7)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.440 - Refusal to issue, suspension or revocation of license, grounds — right to administrative review.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 to 197.475 or with any rule or standard of the department adopted under the provisions of sections 197.400 to 197.475 or for obtaining the license by means of fraud, misrepresentation, or concealment of material facts.
2. Any home health agency which has been refused a license or which has had its license revoked or suspended by the department may seek a review of the department's action by the administrative hearing commission.
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(L. 1983 H.B. 51 § 8)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.445 - Rules and regulations, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 2 histories
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 for home health agencies under Title XVIII of the Federal Social Security Act. The reasonable rules and standards shall be initially promulgated within one year of September 28, 1983.
2. The rules and standards adopted by the department pursuant to the provisions of sections 197.400 to 197.477 shall apply to all health services covered by sections 197.400 to 197.477 rendered to any patient being served by a home health agency regardless of source of payment for the service, patient's condition, or place of residence, at which the home health services are ordered by the physician, podiatrist, nurse practitioner, clinical nurse specialist, or physician assistant. No rule or portion of a rule promulgated pursuant to the authority of sections 197.400 to 197.477 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1983 H.B. 51 § 9, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 642, A.L. 2022 H.B. 2149 merged with H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.450 - Home health services advisory council — members — terms, qualifications — appointment — vacancies — expenses.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2002
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 rules and standards adopted and the implementation and administration of sections 197.400 to 197.475.
2. Members of the council shall be residents of this state. The council shall consist of members who shall serve for a term of three years. No member may serve more than two successive full terms. One member of the council shall be a representative of the department, and such member shall serve as chairman of the council. Three members shall be citizens selected from the state at large and shall have no connection with any home health agency. Five members shall be representatives of home health agencies and one of these five members shall be selected from each of the following types of home health agencies:
(1) Public sponsored home health agencies;
(2) Institutional sponsored home health agencies;
(3) Voluntary nonprofit home health agencies;
(4) Private nonprofit home health agencies; and
(5) For-profit home health agencies.
3. All members of the council shall be appointed by the director of the department. The term of office of each member shall be for three years or until his successor is appointed; except that, of the members first appointed, three shall be selected for one year, three shall be selected for two years, and three shall be selected for three years. Before a member's term expires, the director of the department shall appoint a successor to assume his duties on the expiration of his predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.
4. The council shall meet not less than quarterly each year at a place, day and hour determined by the council. The council may also meet at such other times and places as may be designated by the chairman, or upon the request of the majority of the other members of the council.
5. Members of the council shall receive no compensation for their services, but shall be reimbursed, subject to appropriations, for their actual and necessary expenses incurred in the performance of their duties.
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(L. 1983 H.B. 51 § 10, A.L. 2002 H.B. 1953)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.455 - Injunctions, venue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 from continuing the violation.
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(L. 1983 H.B. 51 § 11)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.460 - Exempt persons and religious organizations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jan 1991, see footnote
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 home health agency.
2. The provisions of sections 197.400 to 197.475 shall not apply to any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church or religious denomination or sect.
3. The provisions of sections 197.400 to 197.475 shall not apply to any person or other entity which provides services pursuant to subdivision (19)
*
of subsection 1 of section 208.152 or provides in-home services pursuant to subdivision (18) of subsection 2 of section 192.2000.
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(L. 1983 H.B. 51 § 12, A.L. 1990 S.B. 524)
Effective 1-1-91
*Statutory reference to "subdivision (18)" changed to "subdivision (19)" in accordance with section 3.060 based on renumbering within section 208.152 in H.B. 1516, 2018.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.465 - Funds to be deposited in general revenue.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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.
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(L. 1983 H.B. 51 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.470 - Reports or investigations open to public, exception — requests for material, procedure, fee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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 be a confidential record under any other provision of law, shall be available to public inspection upon written request. The material requested shall be made available within thirty days after receipt of the request. The department may charge a reasonable fee for the copying of any material.
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(L. 1983 H.B. 51 § 14)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.475 - Violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1983
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.
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(L. 1983 H.B. 51 § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.477 - Reports of inspections by department of health and senior services may be available to public, when — certain information to remain confidential.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 04 May 1988, see footnote
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 pursuant to sections 190.235 to 190.249, sections 197.010 to 197.120, sections 197.200 to 197.240, or sections 197.400 to 197.475, including any amendments thereto which may hereinafter be enacted by the general assembly or rule or regulation promulgated pursuant thereto, the department of health and senior services may disclose to the public reports of the inspections or evaluations showing the standards by which the inspections or evaluations were conducted, whether such standards were met, and, if such standards were not met, in what manner they were not met and how the facility proposed to correct or did correct the deficiencies. All other information whatsoever, including information and reports submitted to the department of health and senior services by governmental agencies and recognized accrediting organizations in whole or in part for licensure purposes pursuant to sections 190.235 to 190.249, sections 197.010 to 197.120, sections 197.200 to 197.240, or sections 197.400 to 197.475, collected during such inspections or evaluations or information which is derived as a result of such inspections or evaluations shall be confidential and shall be disclosed only to the person or organization which is the subject of the inspection or evaluation or a representative thereof.
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(L. 1988 H.B. 1134 § 2)
Effective 5-4-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.478 - Home health agency information to be provided on department internet website.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
Effective - 28 Aug 2003
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 the effect the deficiency would have on such agencies. If such survey is in dispute, the survey shall not be posted on the website until the agency's dispute has been resolved and the department shall, upon request of the home health agency, post the agency's response;
(2) The home health agency's proposed plan of correction;
(3) A link to the federal website that provides a summary of home health agency surveys conducted over the last three years; and
(4) Information on how to obtain a copy of a complete home health agency 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.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.480 - In-home health care providers, transfer of assets or bequests, rebuttable presumption of undue influence, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
Effective - 28 Aug 2004
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 who is not related to the grantor within the third degree of consanguinity. Such presumption shall not apply to reasonable payments for services rendered nor to transfers of less than five percent of the assets of the grantor.
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(L. 2004 H.B. 1511 § 1)