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2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.500 - Employee disqualification list to be maintained.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
Effective - 28 Aug 2003
197.500. Employee disqualification list to be maintained. —
1. The department shall maintain an employee disqualification list and place on the employee disqualification list the names of any persons who are or who have been employed by any entity licensed pursuant to this chapter and who have been finally determined by the department pursuant to section 192.2490 to have knowingly or recklessly abused or neglected a patient. For the purpose of this section,
"abuse"
and
"neglect"
shall have the same meanings as such terms are defined in section 198.006. For purposes of this section only,
"knowingly"
and
"recklessly"
shall have the meanings that are ascribed to them in this section. A person acts
"knowingly"
with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct. A person acts
"recklessly"
when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
2. The department shall compile and maintain an employee disqualification list in the same manner as the employee disqualification list compiled and maintained by the department pursuant to section 192.2490.
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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 197.700 - Medical staff membership to be considered on individual basis, discrimination prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1993
197.700. Medical staff membership to be considered on individual basis, discrimination prohibited. —
In the selection of medical staff members licensed under chapter 334, no medical staff bylaws, departmental bylaws or hospital licensed under this chapter shall discriminate against any practitioner of the healing arts who holds a license to practice medicine and surgery in this state for reasons based solely upon the practitioner's branch of the healing arts or the school or health care facility in which the practitioner received medical schooling, postgraduate training or certification if such medical schooling or postgraduate training was accredited by the American Osteopathic Association or the American Medical Association. Each applicant for medical staff membership shall be considered on an individual basis pursuant to objective criteria applied equally to each applicant.
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(L. 1993 S.B. 54 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.705 - Health care facilities personnel required to wear identification badges, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
Effective - 28 Aug 1997
197.705. Health care facilities personnel required to wear identification badges, when. —
All hospitals and health care facilities, defined in sections 197.020 and 197.305, shall require all personnel providing services in such facilities to wear identification badges while acting within the scope of their employment. The identification badges of all personnel shall prominently display the licensure status of such personnel.
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(L. 1997 H.B. 762 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.003 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.003. Citation of law. —
Sections 198.003 to 198.186 shall be known and may be cited as the "Omnibus Nursing Home Act".
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(L. 1979 S.B. 328, et al. § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.005 - Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2006
198.005. Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes. —
The term "residential care facility I" shall be referred to as a "residential care facility", and the term "residential care facility II" shall be referred to as "assisted living facility". The revisor of statutes shall make the appropriate changes to all such references in the revised statutes, except that references to residential care facilities as defined in section 210.481, or residential facilities licensed by the department of mental health shall not be changed.
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(L. 2006 S.B. 616)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.009 - Department to administer — promulgation of rules, procedure — cooperation of other agencies.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1995
198.009. Department to administer — promulgation of rules, procedure — cooperation of other agencies. —
1. The provisions of sections 198.003 to 198.186 shall be administered by the department. The department shall have authority to promulgate rules and regulations for the purposes of administering sections 198.003 to 198.186. All such rules and regulations shall be promulgated in accordance with this section and chapter 536. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
2. All agencies of the state or any of its political subdivisions shall assist and cooperate with the department whenever necessary to carry out the department's responsibility under sections 198.003 to 198.186.
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(L. 1979 S.B. 328, et al. § 4, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.012 - Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2011, 2 histories
198.012. Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed. —
1. The provisions of sections 198.003 to 198.136 shall not apply to any of the following entities:
(1) Any hospital, facility or other entity operated by the state or the United States;
(2) Any facility or other entity otherwise licensed by the state and operating exclusively under such license and within the limits of such license, unless the activities and services are or are held out as being activities or services normally provided by a licensed facility under sections 198.003 to 198.186, 198.200, 208.030, and 208.159, except hospitals licensed under the provisions of chapter 197;
(3) Any hospital licensed under the provisions of chapter 197, provided that the assisted living facility, intermediate care facility or skilled nursing facility are physically attached to the acute care hospital; and provided further that the department of health and senior services in promulgating rules, regulations and standards pursuant to section 197.080, with respect to such facilities, shall establish requirements and standards for such hospitals consistent with the intent of this chapter, and sections 198.067, 198.070, 198.090, 198.093 and 198.139 to 198.180 shall apply to every assisted living facility, intermediate care facility or skilled nursing facility regardless of physical proximity to any other health care facility;
(4) Any facility licensed pursuant to sections 630.705 to 630.760 which provides care, treatment, habilitation and rehabilitation exclusively to persons who have a primary diagnosis of mental disorder, mental illness, or developmental disabilities, as defined in section 630.005;
(5) Any provider of care under a life care contract, except to any portion of the provider's premises on which the provider offers services provided by an intermediate care facility or skilled nursing facility as defined in section 198.006. For the purposes of this section,
"provider of care under a life care contract"
means any person contracting with any individual to furnish specified care and treatment to the individual for the life of the individual, with significant prepayment for such care and treatment.
2. Nothing in this section shall prohibit any of these entities from applying for a license under sections 198.003 to 198.136.
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(L. 1979 S.B. 328, et al. § 5, A.L. 1980 H.B. 1724, A.L. 1982 S.B. 698, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1989 H.B. 210, A.L. 2011 H.B. 555 merged with H.B. 648)
CROSS REFERENCE:
Missouri veterans homes, nursing home license not required, 42.130
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.016 - Information on home- and community-based services to be provided prior to admission.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2010
198.016. Information on home- and community-based services to be provided prior to admission. —
Prior to admission of a MO HealthNet individual into a long-term care facility, the prospective resident or his or her next of kin, legally authorized representative, or designee shall be informed of the home- and community-based services available in this state and shall have on record that such home- and community-based services have been declined as an option.
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(L. 2010 S.B. 1007)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.027 - On-site revisit not required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003
198.027. On-site revisit not required, when. —
If a facility submits satisfactory documentation that establishes correction of any deficiency contained within the written report of deficiency required by section 198.026, an on-site revisit of such deficiency may not be required.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.029 - Noncompliance — notice to operator and public, when — notice of noncompliance posted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014
198.029. Noncompliance — notice to operator and public, when — notice of noncompliance posted. —
The provisions of section 198.026 notwithstanding, whenever a duly authorized representative of the department finds upon inspection of a licensed facility, and the director of the department finds upon review, that the facility or the operator is not in substantial compliance with a standard or standards the violations of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result and which is not immediately corrected, the department shall:
(1) Give immediate written notice of the noncompliance to the operator, administrator or person managing or supervising the conduct of the facility at the time the noncompliance is found;
(2) Make public the fact that a notice of noncompliance has been issued to the facility. Copies of the notice shall be sent to appropriate hospitals and social service agencies;
(3) Send a copy of the notice of noncompliance to the department of social services, the department of mental health, and any other concerned federal, state or local government agencies. The facility shall post in a conspicuous location in the facility a copy of the notice of noncompliance and a copy of the most recent inspection report.
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(L. 1979 S.B. 328, et al. § 10, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.030 - Posting of inspection reports at the facility.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003, 2 histories
198.030. Posting of inspection reports at the facility. —
Every residential care facility, assisted living facility, intermediate care facility, and skilled nursing facility shall post the most recent inspection report of the facility in a conspicuous place. If the operator determines that the inspection report of the facility contains individually identifiable health information, the operator may redact such information prior to posting the inspection report.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.039 - License refused or revoked — review by administrative hearing commission — judicial review.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.039. License refused or revoked — review by administrative hearing commission — judicial review. —
1. Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, et seq., except that the petition must be filed with the administrative hearing commission within fifteen days after the mailing or delivery of notice to the operator. It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing or exhaust any other procedure within the department.
2. The administrative hearing commission may stay the revocation of such license, pending the commission's findings and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security except that the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if upon application of the department the commission finds reason to believe that continued operation of a facility pending the commission's final determination would present an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result. In any case in which the department has refused to issue a license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.
3. The administrative hearing commission shall make the final decision as to the issuance or revocation of a license. Any person aggrieved by a final decision of the administrative hearing commission, including the department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the facility is located. Review shall be had, except as modified herein, in accordance with the provisions of sections 621.189 and 621.193.
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(L. 1979 S.B. 328, et al. § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.042 - Medical supervision for residents relying on spiritual healing not required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.042. Medical supervision for residents relying on spiritual healing not required. —
Nothing in sections 198.003 to 198.096, or the rules and regulations adopted pursuant thereto, shall be construed as authorizing the medical supervision, regulation or control of the remedial care or treatment of those residents who rely solely upon treatment by prayer or spiritual means in accordance with creed or tenets of any well-recognized church or religious denomination. All remaining rules and regulations and minimum standards not in conflict with this section shall apply.
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(L. 1979 S.B. 328, et al. § 14)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.045 - Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.045. Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection. —
Participation in reimbursement programs under either Medicare or Medicaid, Title XVIII and Title XIX of the Social Security Act, (Title 42, United States Code, Sec. 1395x or 1396d), or other federal laws, shall be at the option of the individual facility. A skilled nursing facility or an intermediate care facility which chooses to participate in such programs shall be surveyed for certification for reimbursement and inspected for state licensure at the same time.
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(L. 1979 S.B. 328, et al. § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.048 - Different classifications of facility may exist on same premises, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1984
198.048. Different classifications of facility may exist on same premises, when. —
A skilled nursing, intermediate care, assisted living facility, or residential care facility may exist on the same premises under the following circumstances:
(1) The skilled nursing, intermediate care, assisted living facility or residential care facility is an identifiable unit thereof, such as an entire ward or contiguous wards, wing or floor of a building or a separate contiguous building and such identifiable unit is approved in writing by the department;
(2) The identifiable unit meets all the reasonable standards for such facility;
(3) Central services and facilities such as management services, nursing and other patient-care services, building maintenance and laundry which are shared with other units are determined to be sufficient to meet the reasonable standards for such a facility.
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(L. 1979 S.B. 328, et al. § 16, A.L. 1984 S.B. 451)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.052 - Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.052. Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when. —
1. The state auditor, at the request of the department or on his own initiative, may examine and audit any records relating to the operation of any facility.
2. The director of the department may examine and audit, or cause to be examined and audited, any records relating to the operation of any facility.
3. Each facility shall retain all financial information, data and records relating to the operation and reimbursement of the facility for a period of not less than seven years.
4. Notwithstanding anything to the contrary in sections 198.003 to 198.186, 198.200, 202.905, 208.030, or 208.159, the state auditor shall have the right to examine the records of any facility which he deems necessary in connection with any examination conducted pursuant to his statutory authority, and to disclose the results of any such examination including the identity of any facility examined, provided that the identity of any resident of any such facility shall not be divulged or made known by the state auditor.
5. All financial information, data and records of facilities under the provisions of sections 198.003 to 198.186, 198.200, 202.905, 208.030, or 208.159 shall be open upon request for inspection, examination and audit by the director of the department, the state auditor, appropriate committees of the general assembly, and their designees, at all reasonable times.
6. Each facility shall retain medical records of each resident for five years after he leaves the facility. In the event the resident is less than twenty-one years of age, the records shall be retained for five years after the age of twenty-one years is reached. The time limitations of this subsection shall not apply when longer time limitations are specified in standards for facilities certified under Medicare or Medicaid, Title XVIII and Title XIX of the Social Security Act, (Title 42, United States Code, Sec. 1395x or 1396d).
7. In the event a new operator takes over a facility's operation, the original medical records of the residents of such facility shall be retained in the facility by the new operator.
8. In the event a resident is transferred from the facility, the resident shall be accompanied by a copy of his medical records.
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(L. 1979 S.B. 328, et al. § 17)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.053 - Assisted living facilities, notification of posting of latest Vaccine Informational Sheet.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2017
198.053. Assisted living facilities, notification of posting of latest Vaccine Informational Sheet. —
No later than October first of each year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each assisted living facility, as such term is defined in section 198.006, shall notify residents and staff where in the facility that the latest edition of the Vaccine Informational Sheet published by the Centers for Disease Control and Prevention has been posted. Nothing in this section shall be construed to require any assisted living facility to provide or pay for any vaccination against influenza, allow the department of health to promulgate any rules to implement this section, or cite any facility for acting in good faith to post the Vaccine Informational Sheet.
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(L. 2017 S.B. 501)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.054 - Influenza vaccination for employees, facilities to assist in obtaining.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 14 Oct 2016, see footnote
*198.054. Influenza vaccination for employees, facilities to assist in obtaining. —
Each year between October first and March first, all long-term care facilities licensed under this chapter shall assist their health care workers, volunteers, and other employees who have direct contact with residents in obtaining the vaccination for the influenza virus by either offering the vaccination in the facility or providing information as to how they may independently obtain the vaccination, unless contraindicated, in accordance with the latest recommendations of the Centers for Disease Control and Prevention and subject to availability of the vaccine. Facilities are encouraged to document that each health care worker, volunteer, and employee has been offered assistance in receiving a vaccination against the influenza virus and has either accepted or declined.
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(L. 2016 S.B. 608)
*Effective 10-14-16, see § 21.250. S.B. 608 was vetoed July 5, 2016. The veto was overridden on September 14, 2016.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.055 - Inspection by department valid for certain mental health patients, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1984
198.055. Inspection by department valid for certain mental health patients, when. —
A facility may provide accommodations, board, health care or treatment, or personal services for residents placed through the department of mental health. Inspections made pursuant to provisions of sections 198.003 to 198.096 shall also serve as the inspections required under the provisions of chapter 630 except for inspections and visits to determine appropriateness of resident placement, to develop and review treatment plans, and to monitor the conditions and status of residents.
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(L. 1979 S.B. 328, et al. § 18, A.L. 1984 S.B. 451)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.058 - Certain facilities exempt from construction standards, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2010
198.058. Certain facilities exempt from construction standards, when. —
Any facility licensed under chapter 197 or chapter 198, which is in operation before September 28, 1979, or whose application is on file, or whose construction plans have been approved by the department before September 28, 1979, shall be exempt from construction standards developed by the department subsequent to the date such facility became first licensed and including those construction standards developed after September 28, 1979, for buildings or other physical units which were in existence or under construction on September 28, 1979. Such facilities shall be licensed in accordance with all other standards and regulations promulgated under sections 198.003 to 198.096.
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(L. 1979 S.B. 328, et al. § 19, A.L. 2010 H.B. 1965)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.061 - Penalty for providing services without license — penalty for interfering with enforcement of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.061. Penalty for providing services without license — penalty for interfering with enforcement of law. —
1. No person shall, jointly or severally, offer, advertise or hold out to the public, services subject to section 198.015 without a currently valid appropriate license issued by the department to render the particular services.
2. No person, jointly or severally, shall interfere with or prevent any duly authorized representative of the department or the attorney general from lawful enforcement of sections 198.003 to 198.186, 198.200, 202.905, 208.030, or 208.159.
3. Any person violating any provision of this section shall be guilty of a class C misdemeanor.
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(L. 1979 S.B. 328, et al. § 20)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.064 - Duplicate payments — how determined — procedures for repayment.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.064. Duplicate payments — how determined — procedures for repayment. —
1. No operator shall retain any duplicate payment for the care of a resident received from any state agency or agencies. For the purposes of this section a duplicate payment is one which results in a total payment to the operator in excess of the per diem or monthly rate authorized by the agency or agencies. The operator shall report all such duplicate payments to the paying agency or agencies within five business days after such duplicate payment is discovered or reasonably should have been discovered.
2. The operator shall repay the excess amount in accordance with such procedures as the paying agency or agencies shall reasonably require, together with interest at the rate of one and five-tenths percent per month from the date the duplicate payment was discovered or reasonably should have been discovered.
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(L. 1979 S.B. 328, et al. § 21)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.066 - Sanctions for violations authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003
198.066. Sanctions for violations authorized. —
To encourage compliance with the provisions of this chapter and any rules promulgated thereto, the department of health and senior services shall impose sanctions commensurate with the seriousness of the violation which occurred. For class I, II, or III violations, the following remedies may be imposed:
(1) A plan of correction;
(2) Additional directed staff training;
(3) State monitoring;
(4) A directed plan of correction;
(5) Denial of payment for new Medicaid admissions;
(6) A probationary license and consent agreement as described in section 198.026;
(7) Recovery of civil monetary penalties pursuant to section 198.067;
(8) Denial of payment for all new admissions;
(9) Receivership pursuant to section 198.105; or
(10) License revocation.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.069 - Resident returned to facility from a medical facility, physician orders, duty of facility.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2007
198.069. Resident returned to facility from a medical facility, physician orders, duty of facility. —
For any resident of an assisted living facility who is released from a hospital or skilled nursing facility and returns to an assisted living facility as a resident, such resident's assisted living facility shall immediately, upon return, implement physician orders in the hospital or discharge summary, and within twenty-four hours of the patient's return to the facility, review and document such review of any physician orders related to the resident's hospital discharge care plan or the skilled nursing facility discharge care plan and modify the individual service plan for the resident accordingly. The department of health and senior services may adjust personal care units authorized as described in subsection 14 of section 208.152 upon the effective date of the physicians orders to reflect the services required by such orders.
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(L. 2007 S.B. 577)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.071 - Death of a resident, persons to contact prior to transfer of deceased.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003
198.071. Death of a resident, persons to contact prior to transfer of deceased. —
The staff of a residential care facility, an assisted living facility, an intermediate care facility, or a skilled nursing facility shall attempt to contact the resident's immediate family or a resident's responsible party, and shall contact the attending physician and notify the local coroner or medical examiner immediately upon the death of any resident of the facility prior to transferring the deceased resident to a funeral home.
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(L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.075 - Fire safety standards loan fund created, use of moneys.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2009, 2 histories
198.075. Fire safety standards loan fund created, use of moneys. —
1. There is hereby created in the state treasury the "Fire Safety Standards Loan Fund", for implementing the provisions of subsections 4 and 5 of section 198.074. Moneys deposited in the fund shall be considered state funds under Article IV, Section 15 of the Missouri Constitution. The state treasurer shall be custodian of the fund and may disburse moneys from the fund in accordance with sections 30.170 and 30.180. Any moneys remaining in the fund at the end of the biennium shall revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
2. Qualifying facilities shall make an application to the state treasurer's office upon forms provided by the state treasurer's office. Upon receipt of an application for a loan, the state treasurer's office shall review the application before state funds are allocated for a loan. For purposes of this section, a
"qualifying facility"
shall mean a facility licensed under this chapter that is in substantial compliance.
"Substantial compliance"
shall mean a facility that has no uncorrected deficiencies and is in compliance with department of health and senior services rules and regulations governing such facility.
3. The fund shall be a loan of which the interest rate shall not exceed two and one-half percent.
4. The fund shall be administered by the state treasurer's office.
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(L. 2007 H.B. 952 & 674, A.L. 2009 H.B. 395)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.076 - Department of social services to establish standards and regulations for residential care facilities and assisted living facilities.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2007, 2 histories
198.076. Department of social services to establish standards and regulations for residential care facilities and assisted living facilities. —
The department shall promulgate reasonable standards and regulations for all residential care facilities and all assisted living facilities. The standards and regulations shall take into account the level of care provided and the number and type of residents served by the facility to insure maximum flexibility. These standards and regulations shall relate to:
(1) The number and qualifications of employed and contract personnel having responsibility for any of the services provided for residents;
(2) The equipment, facilities, services and supplies essential to the health and welfare of the residents;
(3) Fire safety, including resident smoking in designated areas only, unannounced fire drills, fire safety training, and notification to the department of fires and fire watches;
(4) Sanitation in the facility;
(5) Diet, which shall be based on good nutritional practice;
(6) Personal funds and property of residents;
(7) Resident rights and resident grievance procedures appropriate to the levels of care, size and type of facility;
(8) Record keeping appropriate to the levels of care, size and type of facility;
(9) Construction of the facility;
(10) Care of residents.
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(L. 1979 S.B. 328, et al. § 25, A.L. 1984 S.B. 451, A.L. 2007 H.B. 952 & 674)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.077 - Department to maintain facility compliance records.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014, 2 histories
198.077. Department to maintain facility compliance records. —
For any residential care facility, assisted living facility, intermediate care facility or skilled nursing facility, if the department of health and senior services maintains records of site inspections and violations of statutes, rules, or the terms or conditions of any license issued to such facility, the department shall also maintain records of compliance with such statutes, rules, or terms or conditions of any license, and shall specifically record in such records any actions taken by the facility that are above and beyond what is minimally required for compliance.
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(L. 1999 H.B. 316, et al. § 4 merged with S.B. 326 § 15, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.079 - Department to establish standards and regulations for intermediate care and skilled nursing facilities.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2007
198.079. Department to establish standards and regulations for intermediate care and skilled nursing facilities. —
The department shall promulgate reasonable standards and regulations for all intermediate care facilities and all skilled nursing facilities. The standards and regulations shall take into account the level of care provided and the type of residents served by the facility. These standards and regulations shall relate to:
(1) The number and qualifications of employed and contract personnel having responsibility for any of the services provided for residents;
(2) The equipment, facilities, services and supplies essential to the health and welfare of the residents;
(3) Fire safety, including resident smoking in designated areas only, unannounced fire drills, fire safety training, and notification to the department of fires and fire watches;
(4) Sanitation in the facility;
(5) Diet, which shall be related to the needs of each resident and based on good nutritional practice and on recommendations which may be made by the physician attending the resident;
(6) Personal funds and property of residents;
(7) Resident rights and resident grievance procedures;
(8) Record keeping, including clinical and personnel records;
(9) The construction of the facility, including plumbing, heating, ventilation and other housing conditions which shall insure the health, safety and comfort of residents and protection from fire hazards;
(10) Care of residents;
(11) Social and rehabilitative service;
(12) Staff training and continuing education.
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(L. 1979 S.B. 328, et al. § 26, A.L. 2007 H.B. 952 & 674)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.080 - Assessment procedures developed — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014
198.080. Assessment procedures developed — rulemaking authority. —
The department of health and senior services shall develop flexible assessment procedures for individuals in long-term care and those considering long-term care services which follow the individual through the continuum of care, including periodic reassessment. By January 1, 2002, the department of health and senior services shall promulgate rules and regulations to implement the new assessment system and shall make a report to the appropriate house and senate committees of the general assembly regarding the new assessment system. 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, 1999, shall be invalid and void.
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(L. 1999 S.B. 326 § 3, A.L. 2014 H.B. 1299 Revision)
CROSS REFERENCE:
Rulemaking authority, 198.534
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.085 - Categories of standards for each type of licensed facility.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1995
198.085. Categories of standards for each type of licensed facility. —
In establishing standards for each type of facility, the department shall classify the standards into three categories for each type of licensed facility as follows:
(1) Class I standards are standards the violation of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result;
(2) Class II standards are standards which have a direct or immediate relationship to the health, safety or welfare of any resident, but which do not create imminent danger;
(3) Class III standards are standards which have an indirect or a potential impact on the health, safety or welfare of any resident.
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(L. 1979 S.B. 328, et al. § 28, A.L. 1984 S.B. 451, A.L. 1995 H.B. 574)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.087 - Uniformity of application of regulation standards, department's duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014, 3 histories
198.087. Uniformity of application of regulation standards, department's duties. —
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 Missouri on-site surveyor evaluation process, and the number and type of actions overturned by the informal dispute resolution process and formal appeal shall be used in 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;
(4) Evaluate the implementation and compliance of the provisions of subdivision (3) of subsection 1 of section 198.012 in which rules, requirements, regulations and standards pursuant to section 197.080 for assisted living facilities, intermediate care facilities and skilled nursing facilities attached to an acute care hospital are consistent with the intent of this chapter; and
(5) Develop rules and regulations requiring the exchange of information, including regulatory violations, between the department and the department of social services to ensure the protection of individuals who are served by health care providers regulated by either
*
department.
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(L. 1999 S.B. 326 § 11, A.L. 2006 S.B. 616, A.L. 2010 H.B. 1965, A.L. 2014 H.B. 1299 Revision)
*Word "the" appears here in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.093 - Violations of resident's rights — complaints — legal action — damages.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1979
198.093. Violations of resident's rights — complaints — legal action — damages. —
1. Any resident or former resident who is deprived of any right created by sections 198.088 and 198.090, or the estate of a former resident so deprived, may file a written complaint within one hundred eighty days of the alleged deprivation or injury with the office of the attorney general describing the facts surrounding the alleged deprivation. A copy of the complaint shall be sent to the department by the attorney general.
2. The attorney general shall review each complaint and may initiate legal action as provided under sections 198.003 to 198.186.
3. If the attorney general fails to initiate a legal action within sixty days of receipt of the complaint, the complainant may, within two hundred forty days of filing the complaint with the attorney general, bring a civil action in an appropriate court against any owner, operator or the agent of any owner or operator to recover actual damages. The court may, in its discretion, award punitive damages which shall be limited to the larger of five hundred dollars or five times the amount of special damages, unless the deprivation complained of is the result of an intentional act or omission causing physical or emotional injury to the resident, and may award to the prevailing party attorney's fees based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary and proper; except that, an attorney who is paid in whole or part from public funds for his representation in any cause arising under this section shall not be awarded any attorney fees.
4. No owner or operator who pleads and proves as an affirmative defense that he exercised all care reasonably necessary to prevent the deprivation and injury for which liability is asserted shall be liable under this section.
5. Persons bringing suit to recover against a bond for personal funds pursuant to section 198.096 shall not be required to first file a complaint with the attorney general pursuant to subsection 1 of this section, nor shall subsection 1 be construed to limit in any way the right to recover on such bond.
6. Nothing contained in sections 198.003 to 198.186 shall be construed as abrogating, abridging or otherwise limiting the right of any person to bring appropriate legal actions in any court of competent jurisdiction to insure or enforce any legal right or to seek damages, nor shall any provision of the above-named sections be construed as preventing or discouraging any person from filing a complaint with the department or notifying the department of any alleged deficiency or noncompliance on the part of any facility.
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(L. 1979 S.B. 328, et al. § 31)
2023 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• 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.
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(L. 1979 S.B. 328, et al. § 32, A.L. 1988 S.B. 602, A.L. 2009 H.B. 395)