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2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.526 - Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022, 2 histories
198.526. Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation. —
1. The department of health and senior services shall inspect all facilities licensed by the department at least once each year. Such inspections shall be conducted:
(1) Without the prior notification of the facility; and
(2) At times of the day, on dates and at intervals which do not permit facilities to anticipate such inspections.
2. The department shall annually reevaluate the inspection process to ensure the requirements of subsection 1 of this section are met.
3. Information regarding unannounced inspections shall be disclosed to employees of the department on a need-to-know basis only. Any employee of the department who knowingly discloses the time of an unannounced inspection in violation of this section is guilty of a class A misdemeanor and shall have his or her employment immediately terminated.
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(L. 1999 S.B. 326 § 4, A.L. 2003 S.B. 556 & 311, A.L. 2022 H.B. 2331 merged with S.B. 710)
CROSS REFERENCE:
Rulemaking authority, 198.534
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.527 - Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Aug 2012, 2 histories
198.527. Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards. —
To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of health and senior services shall:
(1) Evaluate the requirements for inspectors or surveyors of facilities, including the eligibility, training and testing requirements for the position. Based on the evaluation, the department shall develop and implement additional training and knowledge standards for inspectors and surveyors;
(2) Periodically evaluate the performance of the inspectors or surveyors regionally and statewide to identify any deviations or inconsistencies in regulation application. At a minimum, the number and type of actions overturned by the informal dispute resolution process under section 198.545 and formal appeal shall be used as part of the evaluation. Based on such evaluation, the department shall develop standards and a retraining process for the region, state, or individual inspector or surveyor, as needed;
(3) In addition to the provisions of subdivisions (1) and (2) of this section, the department shall develop a single uniform comprehensive and mandatory course of instruction for inspectors/surveyors on the practical application of enforcement of statutes, rules and regulations. Such course shall also be open to attendance by administrators and staff of facilities licensed pursuant to this chapter.
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(L. 1999 H.B. 316, et al. § 2, A.L. 2009 H.B. 395, A.L. 2012 H.B. 1608)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.528 - Long-term care facility information to be provided on department internet website.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Aug 2003
198.528. Long-term care facility information to be provided on department internet website. —
1. The department of health and senior services shall provide through its internet website:
(1) The most recent survey of every long-term care facility licensed in this state and any such findings of deficiencies and the effect the deficiency would have on such facility. If such survey is in dispute, the survey shall not be posted on the website until the facility's informal dispute resolution process resolves the dispute and the department shall, upon request of the facility, post the facility's response;
(2) The facility's proposed plan of correction;
(3) A link to the federal website that provides a summary of facility surveys conducted over the last three years; and
(4) Information on how to obtain a copy of a complete facility survey conducted over the last three years.
2. Nothing in this section shall be construed as requiring the department to post any information on its internet website that is prohibited from disclosure pursuant to the federal Health Insurance Portability and Accountability Act, as amended.
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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 198.532 - Investigation of complaints — results provided, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003
198.532. Investigation of complaints — results provided, when. —
1. Complaints filed with the department of health and senior services against a long-term care facility which allege that harm has occurred or is likely to occur to a resident or residents of the facility due to actions or the lack of actions taken by the facility shall be investigated within thirty days of receipt of such complaints. The purpose of such investigation shall be to ensure the safety, protection and care of all residents of the facility likely to be affected by the alleged action or inaction. Such investigation shall be in addition to the investigation requirements for abuse and neglect reports pursuant to section 198.070.
2. The department shall provide the results of all investigations in accordance with section 192.2500. The department shall provide the results of such investigation in writing to all parties to the complaint, and if requested, to any of the facility's residents, or their family members or guardians. Complaints and written results will be readily available for public access and review at the department of health and senior services and at the long-term care facility. Personal information identifying the resident will be blanked out, except in regard to immediate family, the attorney-in-fact or the legal guardian of the resident in question. This information will remain readily available for a period of time determined by the department of health and senior services.
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(L. 1999 S.B. 326 § 1, A.L. 2003 S.B. 556 & 311)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.533 - Conflict of interest, state investigators.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1999
198.533. Conflict of interest, state investigators. —
The division shall ensure that any monitor selected to perform state investigations of long-term care facilities has no conflict of interest, and has no direct or indirect connection to the facility or its parent corporation.
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(L. 1999 S.B. 326 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.534 - Rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Aug 1999
198.534. Rulemaking authority. —
In consultation with consumers, providers and others, the division shall promulgate rules and regulations to implement the provisions of this section and sections 198.080, 198.086, 198.526, 198.532 and 198.533. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section and sections 198.080, 198.086, 198.526, 198.532 and 198.533 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.
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(L. 1999 S.B. 326 § 6)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.610 - Citation of law — definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.610. Citation of law — definitions. —
1. The provisions of sections 198.610 to 198.632 shall be known and may be cited as the "Authorized Electronic Monitoring in Long-Term Care Facilities Act".
2. For purposes of sections 198.610 to 198.632, the following terms shall mean:
(1)
"Authorized electronic monitoring"
, the placement and use of an electronic monitoring device by a resident in his or her room in accordance with the provisions of sections 198.610 to 198.632;
(2)
"Department"
, the department of health and senior services;
(3)
"Electronic monitoring device"
, a surveillance instrument capable of recording or transmitting audio or video footage of any activity occurring in a resident's room;
(4)
"Facility"
or
"long-term care facility"
, any residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility, as such terms are defined under section 198.006;
(5)
"Guardian"
, the same meaning as defined under section 475.010;
(6)
"Legal representative"
, a person authorized under a durable power of attorney that complies with sections 404.700 to 404.737 to act on behalf of a resident of a facility;
(7)
"Resident"
, a person residing in a facility.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.612 - Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.612. Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority. —
1. Residents of long-term care facilities in this state shall have the right to place in the resident's room an authorized electronic monitoring device that is owned and operated by the resident or provided by the resident's guardian or legal representative.
2. No facility shall be civilly or criminally liable for activity or action arising out of the use by any resident or any resident's guardian or legal representative of any electronic monitoring device, including the facility's inadvertent or intentional disclosure of a recording made by a resident, or by a person who consents on behalf of the resident, for any purpose not authorized under sections 198.610 to 198.632.
3. No facility shall be civilly or criminally liable for a violation of the Health Insurance Portability and Accountability Act (HIPAA) or any resident's right to privacy arising out of any electronic monitoring conducted under sections 198.610 to 198.632.
4. Except for cases of abuse and neglect, no person shall release any recording made under sections 198.610 to 198.632 without the written permission of the resident or the resident's guardian or legal representative and the long-term care facility.
5. The department shall promulgate rules to implement the provisions of sections 198.610 to 198.632. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.614 - Unauthorized placement of electronic monitoring device — immunity from liability, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.614. Unauthorized placement of electronic monitoring device — immunity from liability, when. —
1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if:
(1) The placement and use of the device is not open and obvious; or
(2) The facility and the department are not informed about the device by the resident, by a person who placed the device in the room, or by a person who is using the device.
2. The department and the facility shall be immune from civil liability in connection with the unauthorized placement or use of an electronic monitoring device in the room of a resident.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.616 - Acknowledgment form, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.616. Acknowledgment form, contents. —
Each facility shall use an electronic monitoring device acknowledgment form developed by the department and adopted by regulation. The form shall be offered to any resident or resident's guardian or legal representative upon request. The form shall be completed and signed by or on behalf of a resident prior to the installation of, or any use of, an electronic monitoring device in the facility. The form shall state:
(1) That a person who places an electronic monitoring device in the room of a resident or who uses or discloses a tape or other recording made by the device may be civilly liable for any unlawful violation of the privacy rights of another;
(2) That a person who, without authorization, places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the unauthorized placement of the device in the room of a resident has waived any privacy right the person may have had in connection with images or sounds that may be acquired by the device;
(3) That a resident or the resident's guardian or legal representative is entitled to conduct authorized electronic monitoring, and that if the facility refuses to permit the electronic monitoring or fails to make reasonable physical accommodations for the authorized electronic monitoring, the person should contact the department;
(4) The basic procedures that shall be followed to request authorized electronic monitoring;
(5) The manner in which sections 198.610 to 198.632 affect the legal requirement to report abuse or neglect when electronic monitoring is being conducted; and
(6) Any other information regarding authorized or unauthorized electronic monitoring that the department, by regulation, specifies should be included on the form.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.618 - Resident sole authority to request monitoring — exception for lack of capacity, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.618. Resident sole authority to request monitoring — exception for lack of capacity, requirements. —
1. If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under sections 198.610 to 198.632, notwithstanding the terms of any durable power of attorney, general power of attorney, or similar instrument.
2. If a resident has been judicially declared to lack the capacity required for taking an action such as requesting electronic monitoring, only the guardian of the resident may request electronic monitoring under sections 198.610 to 198.632.
3. If a resident has been determined by a physician to lack capacity to request electronic monitoring but has not been judicially declared to lack the required capacity, only the legal representative of the resident may request electronic monitoring under sections 198.610 to 198.632.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.622 - Facility to permit monitoring, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.622. Facility to permit monitoring, requirements. —
1. A facility shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of electronic monitoring devices.
2. The facility shall require a resident who conducts authorized electronic monitoring, or the resident's guardian or legal representative, to post and maintain a conspicuous notice at the entrance to the resident's room. The notice shall state that the room is being monitored by an electronic monitoring device.
3. Authorized electronic monitoring conducted under sections 198.610 to 198.632 shall not be compulsory and shall be conducted only at the request of the resident or the resident's guardian or legal representative.
4. A facility shall not refuse to admit an individual to residency in the facility and shall not remove a resident from the facility because of a request to conduct authorized electronic monitoring. A facility shall not remove a resident from the facility because unauthorized electronic monitoring is being conducted by or on behalf of a resident.
5. A facility shall make reasonable physical accommodation for authorized electronic monitoring, including:
(1) Providing a reasonably secure place to mount the video surveillance camera or other electronic monitoring device; and
(2) Providing access to power sources for the video surveillance camera or other electronic monitoring device.
6. The resident or the resident's guardian or legal representative shall pay for all costs associated with conducting electronic monitoring, except for the costs of electricity. The resident or the resident's guardian or legal representative shall be responsible for:
(1) All costs associated with installation of equipment incurred by the resident or the facility; and
(2) Maintaining the equipment.
7. A facility shall require an electronic monitoring device to be installed in a manner that is safe for residents, employees, or visitors who may be moving about the room. The department shall adopt rules regarding the safe placement of an electronic monitoring device.
8. If authorized electronic monitoring is conducted, the facility shall require the resident or the resident's guardian or legal representative to conduct the electronic monitoring in plain view.
9. A facility shall not be required to provide internet service or network access to any electronic monitoring device. Any internet service for an electronic monitoring device shall be the sole responsibility of the resident or the resident's guardian or legal representative.
10. A facility may move a resident to a comparable room to accommodate a request to conduct authorized electronic monitoring.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.624 - Abuse or neglect of resident, use of footage, reporting requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.624. Abuse or neglect of resident, use of footage, reporting requirements. —
1. If a resident who has capacity to determine that he or she has been abused or neglected and who is conducting electronic monitoring under sections 198.610 to 198.632 gives footage made by the electronic monitoring device to a person and directs the person to view or listen to the footage to determine whether abuse or neglect has occurred, the person to whom the resident gives the footage is considered to have viewed or listened to the footage on or before the seventh day after the date the person receives the footage for the purposes of reporting abuse or neglect.
2. A person is required to report abuse based on the person's viewing of, or listening to, footage only if the incident of abuse is acquired on the footage. A person is required to report neglect based on the person's viewing of, or listening to, footage only if it is clear from viewing or listening to the footage that neglect has occurred.
3. If abuse or neglect of the resident is reported to the facility, and the facility requests a copy of any relevant footage made by an electronic monitoring device, the person who possesses the footage shall provide the facility with a copy at the facility's expense.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.626 - Admissibility of footage in court or administrative proceeding, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.626. Admissibility of footage in court or administrative proceeding, when. —
1. Subject to applicable rules of evidence and procedure and the requirements of this section, footage created through the use of unauthorized or authorized electronic monitoring described by sections 198.610 to 198.632 may be admitted into evidence in a civil or criminal court action or administrative proceeding, provided that a proper foundation is offered to support its admission.
2. A court or administrative agency shall not admit into evidence footage created through the use of unauthorized or authorized electronic monitoring or take or authorize action based on the footage unless:
(1) If the footage is a videotape or recording, the footage shows the time and date that the events acquired on the footage occurred;
(2) The contents of the footage have not been edited or artificially enhanced; and
(3) If the contents of the footage have been transferred from the original format to another technological format, the transfer was done by a qualified professional and the contents of the footage were not altered.
3. A person who sends more than one specimen of footage to the department shall identify for the department each specimen on which the person believes that an incident of abuse or evidence of neglect may be found. The department may adopt rules encouraging persons who send footage to the department to identify the place on the footage that an incident of abuse or evidence of neglect may be found.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.628 - Notice of electronic monitoring to be posted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.628. Notice of electronic monitoring to be posted. —
Each facility shall post a notice at the entrance to the facility stating that the rooms of some residents may be monitored electronically by, or on behalf of, the residents and that the monitoring is not necessarily open and obvious. The department by rule shall prescribe the format and the precise content of the notice.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.630 - Sanctions, when — administrative penalty, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.630. Sanctions, when — administrative penalty, when. —
1. The department may impose appropriate sanctions under this chapter on an administrator of a facility who knowingly:
(1) Refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2) Refuses to admit an individual to residency or allows the removal of a resident from the institution solely because of a request to conduct authorized electronic monitoring by a resident or a resident's guardian or legal representative;
(3) Allows the removal of a resident from the facility solely because unauthorized electronic monitoring is being conducted by or on behalf of the resident; or
(4) Violates another provision of sections 198.610 to 198.632.
2. The department may assess an administrative penalty against a facility that:
(1) Refuses to permit a resident or the resident's guardian or legal representative to conduct authorized electronic monitoring;
(2) Refuses to admit an individual to residency or allows the removal of a resident from the institution because of a request to conduct authorized electronic monitoring;
(3) Allows the removal of a resident from the facility solely because unauthorized electronic monitoring is being conducted by, or on behalf of, the resident; or
(4) Violates another provision of sections 198.610 to 198.632.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.632 - Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2020
198.632. Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. —
1. A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with sections 198.610 to 198.632 or who destroys or corrupts any data collected by the device is guilty of a class B misdemeanor.
2. Evidence that the person had the consent of the resident or the resident's guardian or legal representative to engage in the conduct described in subsection 1 of this section shall be an affirmative defense to any prosecution brought under the provisions of subsection 1 of this section.
3. A person other than a resident of the facility who, without authorization, places an electronic monitoring device in the room of a resident or who consents to or acquiesces in the unauthorized placement of the device in the room of a resident is guilty of a class B misdemeanor if the person continues the conduct after a written warning to cease and desist from that conduct.
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(L. 2020 H.B. 1387 & 1482)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.640 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022
198.640. Definitions. —
As used in sections 198.640 to 198.648, the following terms shall mean:
(1)
"Controlling person"
, a business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a supplemental health care services agency. The term controlling person also means an individual who, directly or indirectly, beneficially owns an interest in a corporation, partnership, or other business association that is a controlling person;
(2)
"Department"
, the department of health and senior services;
(3)
"Health care facility"
, a licensed hospital defined under section 197.020 or a licensed entity defined under subdivision (6), (14), (22), or (23) of section 198.006;
(4)
"Health care personnel"
, any individual licensed, accredited, or certified by the state of Missouri to perform specified health services consistent with state law;
(5)
"Person"
, an individual, firm, corporation, partnership, or association;
(6)
"Supplemental health care services agency"
or
"agency"
, a person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for health care personnel, including a temporary nursing staffing agency as defined in section 383.130, or that operates a digital website or digital smartphone application that facilitates the provision of the engagement of health care personnel and accepts requests for health care personnel through its digital website or digital smartphone application. The term supplemental health care services agency or agency shall not include an individual who engages, only on his or her own behalf, to provide the individual's services on a temporary basis to health care facilities or a home health agency licensed under section 197.415 and shall not include a person, firm, corporation, partnership, or association engaged in the provision of contracted specialty services by a practitioner as defined under subdivision (4) of section 376.1575, to a hospital as defined under section 197.020, or to other individuals or entities providing health care that are not health care facilities.
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(L. 2022 S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.642 - Supplemental health care services agency, registration required — procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022
198.642. Supplemental health care services agency, registration required — procedure. —
1. A person who operates a supplemental health care services agency shall register annually with the department. Each separate business location of the agency shall have a separate registration with the department. Fees collected under this section shall be deposited in the state treasury and credited to the state general revenue fund.
2. The department shall establish forms and procedures for processing each supplemental health care services agency registration application. An application for agency registration shall include at least the following:
(1) The names and addresses of each person having an ownership interest in the agency;
(2) If the owner is a corporation, copies of the articles of incorporation or articles of association and current bylaws, together with the names and addresses of officers and directors;
(3) Satisfactory proof of compliance with the provisions of sections 198.640 to 198.648;
(4) Any other relevant information that the department determines is necessary to properly evaluate an application for registration;
(5) Policies and procedures that describe how the agency's records will be immediately available at all times to the department upon request; and
(6) A registration fee that may be established in rule by the department as determined to be necessary to meet the expenses of the department for the administration of the provisions of sections 198.640 to 198.648, but in no case shall such fee be more than one thousand dollars.
­­If an agency fails to provide the items required in this subsection to the department, the department shall immediately suspend or refuse to issue the supplemental health care services agency registration. An agency may appeal the department's decision to the administrative hearing commission under chapter 621.
3. A registration issued by the department according to this section shall be effective for a period of one year from the date of its issuance, unless the registration has been revoked or suspended under the provisions of this section or unless the agency is sold or ownership or management is transferred. If an agency is sold or ownership or management is transferred, the registration of the agency shall be void, and the new owner or operator may apply for a new registration.
4. The department shall be responsible for the oversight of supplemental health care services agencies through annual unannounced surveys, complaint investigations, and other actions necessary to ensure compliance with sections 198.640 to 198.648.
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(L. 2022 S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.646 - Complaints, reporting system.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022
198.646. Complaints, reporting system. —
The department shall establish a system for reporting complaints against a supplemental health care services agency or its health care personnel. Complaints may be made by any member of the public. The department shall investigate any complaint received and shall report the department's findings to the complaining party and the agency or health care personnel involved.
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(L. 2022 S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.648 - Rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022
198.648. Rulemaking authority. —
The department shall promulgate rules to implement the provisions of sections 198.640 to 198.648. 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, 2022, shall be invalid and void.
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(L. 2022 S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.001 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.001. Definitions. —
As used in sections 199.001 to 199.055
*
, the following terms mean:
(1)
"Brain injury"
, includes brain injury and traumatic brain injury as defined in section 192.735;
(2)
"Department"
, the department of health and senior services' adult brain injury program;
(3)
"Injury or trauma"
, any unintentional or intentional damage to the body resulting from acute exposure to thermal, mechanical, electrical, or chemical energy or from the absence of such essentials as heat or oxygen;
(4)
"Rehabilitation"
, a comprehensive series of interventions for physical, medical, cognitive and psychological disabilities designed to restore a person to his maximum functional potential.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 2011 H.B. 464)
*Section 199.055 does not exist.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.007 - Brain injury advisory council, advisory body to department.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.007. Brain injury advisory council, advisory body to department. —
The Missouri brain injury advisory council, created by section 192.745, shall act as the advisory body to the department and department director. Any power or function of the department requiring planning activities shall be undertaken with the direct input and cooperation of the advisory council. The department shall not undertake or duplicate any activity or function of the council under the provisions of section 192.745.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.009 - Contracts with public or private vendors, allowed — brain injury, department to secure comprehensive program, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.009. Contracts with public or private vendors, allowed — brain injury, department to secure comprehensive program, contents. —
1. The department may provide injury prevention, and brain injury evaluation, care, treatment, rehabilitation and such related services directly or through contracts from private and public vendors in this state, the quality of the services being equal, appropriate and consistent with professional advice in the least restrictive environment and as close to an individual's home community as possible, with funds appropriated for this purpose.
2. If it is determined through a comprehensive evaluation that a person has a traumatic brain injury so as to require the coordination of provision of services, including other state governmental agencies, nongovernmental and the private sector, and if such person, such person's parent, if the person is a minor, or legal guardian, so requests, the department shall, within the limits of available resources and subject to relevant federal and state laws, secure a comprehensive program of any necessary services for such person. Such services may include, but need not be limited to, the following:
(1) Assessment and evaluation;
(2) Service coordination;
(3) Counseling;
(4) Respite care;
(5) Recreation;
(6) Rehabilitation;
(7) Cognitive retraining;
(8) Prevocational rehabilitation;
(9) Residential care;
(10) Homemaker services;
(11) Day activity programs;
(12) Supported living;
(13) Referral to appropriate services;
(14) Transportation;
(15) Supported work, if provided by the department, shall be directed toward preparation for education or vocational achievement, independent living, and community participation. Long-term needs shall be identified and efforts made to link participants with appropriate resources.
3. In securing the comprehensive program of services, the department shall involve the participant, his or her family or his or her legal guardian in decisions affecting his or her care, rehabilitation, services or referral. The quality of the services being equal, appropriate and consistent with professional advice, services shall be offered in the least restrictive environment and as close to an individual's home community as possible.
4. In accordance with state and federal law, no service or program operated or funded by the department shall deny admission or other services to any person because of the person's race, sex, creed, marital status, national origin, handicap, or age.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 1993 H.B. 481, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.010 - Missouri rehabilitation center, University of Missouri to operate, duties for brain injury — department to provide rehabilitation and tuberculosis treatment.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011, 3 histories
199.010. Missouri rehabilitation center, University of Missouri to operate, duties for brain injury — department to provide rehabilitation and tuberculosis treatment. —
The curators of the University of Missouri shall provide for the care of persons needing brain injury and other rehabilitation subject to appropriation by the general assembly. The department of health and senior services shall provide for the treatment and commitment of persons having tuberculosis subject to appropriation by the general assembly.
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(L. 1985 S.B. 19, A.L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 1996 S.B. 540, A.L. 2010 S.B. 1007, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.020 - Residence of officers — rent, how established — expiration thirty days after transfer of Missouri rehabilitation center to University of Missouri.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 01 Jul 1996, see footnote
199.020. Residence of officers — rent, how established — expiration thirty days after transfer of Missouri rehabilitation center to University of Missouri. —
1. The following officers and their families shall, with the permission of the department of health and senior services, reside on the premises or other property of the center: center director, assistant director, physicians, and other personnel required for the center's operation as recommended by the center's director. Personnel residing at the center shall pay a monthly rental determined annually at the lower of cost or fair market value; except that the center director, with the approval of the director of the department of health and senior services, may establish a lower rate as required to fill the center's personnel needs.
*
2. This section shall terminate thirty days following the date notice is provided to the revisor of statutes that an agreement has been executed which transfers the Missouri rehabilitation center from the department of health and senior services to the board of curators of the University of Missouri.
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(RSMo 1939 § 9379, A.L. 1985 S.B. 19, A.L. 1996 S.B. 540)
Prior revisions: 1929 § 8682; 1919 § 12331; 1909 § 1460
Effective 7-1-96
*Termination date 3-27-97
*Revisor's Note: The Revisor of Statutes received notice of the transfer on February 25, 1997. Termination date was thirty days following the date of notice.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.029 - Rules and regulations, general operating rules, department to promulgate — procedure — exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.029. Rules and regulations, general operating rules, department to promulgate — procedure — exception. —
1. The department shall promulgate rules under the provisions of this section and chapter 536 as necessary to prescribe policies or standards which affect charging and funding of residential care rehabilitation programs and specialized services for persons with brain injuries available to the public. The rules applicable to each facility, program or service operated or funded by the department shall be available for public inspection and review at such facility, program or service. These rules shall not apply to facilities, programs or services operated or provided by curators of the University of Missouri.
2. The rules, operating regulations and facility policies shall be compatible with and appropriate to the facility or program mission, population served, size, type of service and other reasonable classifications. 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.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 S.B. 540, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.031 - Federal grants, department may receive, purposes — application.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.031. Federal grants, department may receive, purposes — application. —
1. The department may receive federal grants and aids for injury prevention and for persons with brain injuries and brain injury rehabilitation under the terms of the grants and aids and administer or pay them out subject to the provisions attached.
2. The director shall approve such applications for federal assistance administered through the department as may be considered advisable after consultation with the Missouri brain injury advisory council.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 2011 H.B. 464)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.033 - Records to be confidential — disclosure upon request, certain persons, when — disclosure to be documented.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 01 Jul 1992, see footnote
199.033. Records to be confidential — disclosure upon request, certain persons, when — disclosure to be documented. —
1. Information and records compiled, obtained, prepared or maintained by the rehabilitation facilities, residential facility or specialized program operated or funded by the department or otherwise in the course of providing services to patients shall be confidential.
2. The facilities or programs shall disclose information and records to the following upon their request:
(1) The parent of a minor patient;
(2) The guardian or other person having legal custody of the patient;
(3) The attorney of a patient who is a ward of the juvenile court, an alleged incompetent, an incompetent ward or a person detained under chapter 632, as evidenced by court orders of the attorney's appointment;
(4) An attorney or personal physician as authorized by the patient.
3. The facilities or services may disclose information and records under any of the following:
(1) As authorized by the patient;
(2) To persons or agencies responsible for providing health care services to such patients;
(3) To the extent necessary for a recipient to make a claim or for a claim to be made on behalf of a recipient for aid or insurance;
(4) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, program evaluations or similar studies; provided, that such personnel shall not identify, directly or indirectly, any individual patient in any report of such research, audit or evaluation, or otherwise disclose patient identities in any manner;
(5) To the courts as necessary for the administration of the provisions of sections 199.001 to 199.055;
(6) To law enforcement officers or public health officers, but only to the extent necessary to carry out the responsibilities of their office, and all such law enforcement and public health officers shall be obligated to keep such information confidential;
(7) Pursuant to an order of a court or administrative agency of competent jurisdiction;
(8) To the department of social services as necessary to report or have investigated abuse, neglect, or rights violations of patients.
4. The facility or program shall document the dates, nature, purposes and recipients of any records disclosed under this section.
5. Nothing contained in this section shall limit the rights of discovery in judicial or administrative procedures as otherwise provided for by statute or rule.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341)
Effective 8-28-91 (H.B. 218); 7-1-92 (S.B. 125 & 341)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment › Section 199.037 - Patient rights, rules and regulations, director to promulgate — exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 199
• Effective - 28 Aug 2011
199.037. Patient rights, rules and regulations, director to promulgate — exception. —
The director of the department shall promulgate reasonable rules relative to the implementation of patient rights described in sections 199.001 to 199.051. These rules shall not apply to facilities, programs or services operated or provided by the curators of the University of Missouri.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 1996 S.B. 540, A.L. 2011 H.B. 464)