reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.263 - Increase in tax levy, procedure — ballot of submission, form.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1985
198.263. Increase in tax levy, procedure — ballot of submission, form. —
Any district which has a lower tax levy than the maximum levy authorized by section 198.250 may increase its levy up to, but not in excess of, such maximum levy if a majority of the voters of the district who vote on the increase approve the increase. The ballot of submission for a tax increase under this section shall be in substantially the following form:
Shall the ______ Nursing Home District be authorized to increase the annual rate of property tax from ______ cents to ______ cents on the hundred dollars assessed valuation?
☐ YES
☐ NO
(Place an "X" in the square opposite the answer for which you wish to vote.)
­­If a majority of the qualified voters casting votes thereon are in favor of the increase, the board of directors of the district shall levy the annual rate of tax approved; but if a majority of the voters casting votes thereon are opposed to the increase, any annual tax rate in effect at the time of the election shall remain in effect; provided, however, that if the voters of the district have previously approved a levy and the levy has not been imposed, the board of directors may impose such previously approved levy or portion thereof, subject to other provisions of the law with respect to limitation on tax revenues.
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(L. 1985 S.B. 100)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.270 - Results of election to be filed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.270. Results of election to be filed. —
The order determining and declaring results of the election shall be entered upon the records of the commission and a certified copy thereof shall be filed with the county clerk of each other county in which the proposed district lies who shall cause the same to be spread upon the records of the county commission. If the order shows that the question to organize the district received a majority of the votes cast, the order shall declare the district organized.
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(L. 1963 p. 368 § 9, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.290 - Powers of board of directors — first meeting — officers — bylaws — time for meetings.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.290. Powers of board of directors — first meeting — officers — bylaws — time for meetings. —
1. The board of directors of a district shall possess and exercise all of its legislative and executive powers. Within thirty days after the election of the initial directors, the board shall meet. The time and place of the first meeting of the board shall be designated by the county commission. At its first meeting the board shall elect a chairman from its members and select a secretary, treasurer and such officers or employees as it deems expedient or necessary for the accomplishment of its corporate objects. The secretary and treasurer need not be members of the board. At the meeting the board, by ordinance, shall define the first and subsequent fiscal years of the district, and shall adopt a corporate seal and bylaws, which shall determine the times for the annual election of officers and of other regular and special meetings of the board and shall contain the rules for the transaction of other business of the district and for amending the bylaws.
2. Each director of any district shall devote such time to the duties of the office as the faithful discharge thereof may require and shall serve without compensation.
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(L. 1963 p. 368 § 11)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.301 - Whistleblower protection for employees — availability of information on rights of persons retaliated against.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2003
198.301. Whistleblower protection for employees — availability of information on rights of persons retaliated against. —
No employee of a nursing home district who directs or exercises any authority in a facility shall evict, harass, dismiss, or retaliate against a resident or employee because such resident or employee or any member of such resident's or employee's family has made a report of any violation or suspected violation of laws, ordinances, or regulations applying to the facility which the resident, the resident's family, or an employee has reasonable cause to believe has been committed or has occurred. Through the existing department information and referral telephone contact line, residents, their families, and employees of a facility shall be able to obtain information about their rights, protections, and options in cases of eviction, harassment, dismissal, or retaliation due to a report being made pursuant to this section.
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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 198.305 - Unsuitable site, may be changed, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1991
198.305. Unsuitable site, may be changed, when. —
1. If, after acquiring a site for a nursing home or a nursing home, the board of the district by resolution determines that the site or nursing home acquired is unsuitable or unnecessary for the purpose, or it is in the best interest of the district, that the property should be sold, the board may sell and convey the property in the manner provided in subsection 2 of this section, provided that all outstanding bonds of the district constituting a lien on the property to be sold have been paid in full; or a sum sufficient to pay all such bonds, together with interest accrued or to accrue thereon, together with any other items of expense provided in such bonds, is deposited with the fiscal agent named in the bonds for the purpose of full payment; or consent in writing is obtained from all of the holders of the bonds.
2. Upon filing with the county clerk of the county in which the original petition to organize the district was filed of a certified copy of the resolution adopted by the board of directors of the district setting forth the reasons for selling the property and the manner in which the conditions of the provisions in subsection 1 of this section have been satisfied, the clerk shall present the resolution to the county commission. If the commission is satisfied that the statements in the resolution are true and valid, it shall by order entered of record approve the resolution. The board of directors of the district may then proceed to sell and convey the property. The deed shall be executed by the secretary of the board for and on behalf of the district, and shall convey to the purchaser all the right, title, interest, and estate which the nursing home district has in the property.
3. Any proceeds from the sale of the property remaining after the expenses of the sale of the property and the purchase price and costs of purchase of any new site or structure have been paid shall be placed in the treasury of the district and used to carry out the purposes for which the district was organized.
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(L. 1975 H.B. 382, A.L. 1991 H.B. 450)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.310 - Indebtedness for nursing home — election — ballot — limits — tax to pay.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2013
198.310. Indebtedness for nursing home — election — ballot — limits — tax to pay. —
1. For the purpose of purchasing nursing home district sites, erecting nursing homes and related facilities and furnishing the same, building additions to and repairing old buildings, the board of directors may borrow money and issue bonds for the payment thereof in the manner provided herein. The question of the loan shall be submitted by an order of the board of directors of the district. Notice of the submission of the question, the amount and the purpose of the loan shall be given as provided in section 198.250.
2. The question shall be submitted in substantially the following form:
Shall the ______ Nursing Home District borrow money in the amount of ______ dollars for the purpose of ______ and issue bonds in payment thereof?
3. If the constitutionally required percentage of the votes cast are for the loan, the board shall, subject to the restrictions of subsection 4, be vested with the power to borrow money in the name of the district, to the amount and for the purposes specified on the ballot, and issue the bonds of the district for the payment thereof.
4. The loans authorized by this section shall not be contracted for a period longer than twenty years, and the entire amount of the loan shall at no time exceed, including the existing indebtedness of the district, in the aggregate, ten percent of the value of taxable tangible property therein, as shown by the last completed assessment for state and county purposes, the rate of interest to be agreed upon by the parties, but in no case to exceed the highest legal rate allowed by contract; when effected, it shall be the duty of the directors to provide for the collection of an annual tax sufficient to pay the interest on the indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within the time the principal becomes due.
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(L. 1963 p. 368 § 13, A.L. 1978 H.B. 971, A.L. 2013 S.B. 89)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.312 - Revenue bonds authorized, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.312. Revenue bonds authorized, when. —
As an alternative to the authorization for an indebtedness provided by section 198.310, for the purpose of providing funds for the acquisition, construction, erection, equipment and furnishing of nursing homes and related facilities, and for providing a site therefor, including offstreet parking space, and making from time to time enlargements or extensions thereof, the board of directors may issue and sell revenue bonds. The revenue bonds are payable, both as to principal and interest, solely and only out of the net income and revenues arising from the operation of the facility, after providing for the costs of operation and maintenance thereof, or from other funds made available to the facility from sources other than from proceeds of taxation.
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(L. 1978 H.B. 1769)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.314 - Revenue bonds not an indebtedness of the issuing authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.314. Revenue bonds not an indebtedness of the issuing authority. —
Any bonds issued under and pursuant to sections 198.312 to 198.318 shall not be deemed to be an indebtedness of the state of Missouri, or of any city, or of the board of directors, or of the individual members of the board of directors, and shall not be deemed to be an indebtedness within the meaning of any constitutional or statutory limitation upon the incurring of indebtedness.
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(L. 1978 H.B. 1769)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.316 - Revenue bonds, form of, interest rate — to be negotiable instruments.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.316. Revenue bonds, form of, interest rate — to be negotiable instruments. —
1. Revenue bonds issued pursuant to the provisions of section 198.312 shall be of such denomination, shall bear such rate of interest not to exceed the highest rate permitted by law, and shall mature at such times as determined by the board of directors. The bonds may be either serial bonds or term bonds and may be issued with or without reservation of the right to call them for payment or redemption in advance of their maturity, upon the giving of notice and with or without the covenant requiring the payment of a premium in the event of the call and redemption prior to maturity as the board determines.
2. The bonds when issued and sold shall be negotiable instruments within the meaning of the law merchant and the negotiable instruments law and the interest thereon is exempt from income taxes under the laws of the state of Missouri.
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(L. 1978 H.B. 1769)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.318 - Board of directors to prescribe form, make necessary covenants, restrictions — bondholders, remedies of — revenue bonds, not to be exclusive method of financing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.318. Board of directors to prescribe form, make necessary covenants, restrictions — bondholders, remedies of — revenue bonds, not to be exclusive method of financing. —
1. The board of directors, issuing bonds under the provisions of section 198.312, shall prescribe the form, details and incidents of the bonds, and the board of directors shall make such covenants as in their judgment are advisable or necessary properly to secure the payment thereof; but the form, details, incidents and covenants shall not be inconsistent with any of the provisions of sections 198.312 to 198.318.
2. The holder of any bonds issued hereunder or of any coupons representing interest accrued thereon may, by civil action either at law or in equity, compel the board of directors issuing such bonds to perform all duties imposed upon them by the provisions of sections 198.312 to 198.318, and also to enforce the performance of any and all other covenants made by such board of directors in the issuance of the bonds.
3. The provisions of sections 198.312 to 198.318 shall not be exclusive of other legal methods of financing the facilities therein described, but shall furnish an alternative method of finance.
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(L. 1978 H.B. 1769)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.320 - Annexation of territory to district — election.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.320. Annexation of territory to district — election. —
1. A petition for annexation of land to a nursing home district shall be signed by not less than ten percent or fifty voters, whichever is fewer, residing within the territory therein described proposed for annexation and shall be filed with the county clerk of the county in which the district or the greater portion thereof is situated, and shall be addressed to the commissioners of the county commission. A hearing shall be held thereon as nearly as possible as in the case of a formation petition. If, upon hearing, the commissioners of the county commission find that the petition is in compliance with sections 198.200 to 198.350, they shall order the submission of the question to the voters to decide whether or not the proposed annexation shall take place. The question shall be submitted within the territory by the county commission as is provided in section 198.250.
2. The question shall be submitted in substantially the following form:
Shall (description of territory) be annexed to the ______ Nursing Home District?
3. If a majority of the votes cast on the question in the district and in the territory described in the petition, respectively, are in favor of the annexation, the commissioners of the county commission shall by order declare the territory annexed and shall describe the altered boundaries of the district.
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(L. 1963 p. 368 § 14, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.330 - Records of district — officers and employees to give bond.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.330. Records of district — officers and employees to give bond. —
The board shall provide for the proper and safe keeping of its permanent records and for the recording of the corporate action of the district. It shall keep a true and accurate account of its receipts and an annual audit shall be made of its books, records and accounts. All officers and employees authorized to receive or retain the custody of money or to sign vouchers, checks, warrants or evidences of indebtedness binding upon the district shall furnish surety bond for the faithful performance of their duties and the faithful accounting for all moneys that may come into their hands in an amount to be fixed and in a form to be approved by the board.
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(L. 1963 p. 368 § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.340 - Board as trustee may accept and hold property donated — duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.340. Board as trustee may accept and hold property donated — duties. —
Any person desiring to donate property for the benefit of a nursing home, constructed or to be constructed under sections 198.200 to 198.350, may vest title to the property so donated in the board of directors created under sections 198.200 to 198.350, and the board of directors shall hold and control the property so received and accepted according to the terms of the deed, gift, devise or bequest of the property, and shall be a trustee of the property, and shall take title to all property it may acquire in the name of the district and shall control the property for the purposes provided in sections 198.200 to 198.350.
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(L. 1963 p. 368 § 16)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.345 - Apartments for seniors, districts may establish (counties of third and fourth classification).

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2013, 2 histories
198.345. Apartments for seniors, districts may establish (counties of third and fourth classification). —
Nothing in sections 198.200 to 198.350 shall prohibit a nursing home district from establishing and maintaining apartments for seniors that provide at a minimum housing and food services in any county of the third or fourth classification within its corporate limits. Such nursing home districts shall not lease such apartments for less than fair market rent as reported by the United States Department of Housing and Urban Development.
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(L. 2005 H.B. 58 merged with S.B. 210, A.L. 2013 S.B. 23 merged with S.B. 89)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.350 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.350. Citation of law. —
Sections 198.200 to 198.350 shall be known and may be referred to as "The Nursing Home District Law".
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(L. 1963 p. 368 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.360 - Dissolution of district.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.360. Dissolution of district. —
In any nursing home district created under the provisions of sections 198.200 to 198.350 which is not operating a nursing home, and in which the voters of the district have on three separate occasions refused to approve a bond issue for the construction of a nursing home, or in which the voters of the district have not approved a bond issue for the construction of a nursing home within three years after the establishment of the district, the board of that district shall submit to the voters the proposition of the dissolution of the district. If a majority of the voters approve the dissolution, the district shall be dissolved and any tax money in the treasury shall be paid into the general revenue fund of the county or counties in which the district is located, in the same proportion as the proportion of the valuation of the district in each county is to the total valuation of the district.
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(L. 1969 p. 304 § 1, A.L. 1971 S.B. 158, A.L. 1973 H.B. 364, A.L. 1978 H.B. 1208)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.401 - Nursing facility reimbursement allowance, definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.401. Nursing facility reimbursement allowance, definitions. —
1. Each nursing facility, except for state-owned and -operated facilities, shall, in addition to all other fees and taxes now required or paid, pay a nursing facility reimbursement allowance for the privilege of engaging in the business of providing nursing facility services, other than services in an institution for mental diseases, in this state.
2. For the purpose of this section, the phrase
"engaging in the business of providing nursing facility services, other than services in an institution for mental diseases, in this state"
means accepting payment for such services.
3. For the purpose of this section, the term
"nursing facility"
shall be defined using the definition in section 1396r, Title 42 United States Code, as amended, and as such qualifies as a class of health care providers recognized in federal Public Law 102-234 Medicaid Voluntary Contribution and Provider Specific Tax Amendment of 1991.
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(L. 1994 H.B. 1362 § 1)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.403 - Formula set forth in rules.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.403. Formula set forth in rules. —
Each nursing facility's reimbursement allowance shall be based on a formula set forth in rules and regulations promulgated by the department of social services as provided in section 198.436.
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(L. 1994 H.B. 1362 § 2)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.406 - Records required, transmittal to department — elements of report, determinations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.406. Records required, transmittal to department — elements of report, determinations. —
1. Each nursing facility shall keep such records as may be necessary to determine the amount of its reimbursement allowance. On or before the first day of October of each year, every nursing facility shall submit to the department of social services a statement that accurately reflects such information as is necessary to determine that nursing facility's reimbursement allowance.
2. If a nursing facility does not have a third prior year desk-reviewed cost report, elements of the reimbursement allowance shall be based on determinations by the department of social services in accordance with rules and regulations established under section 198.436.
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(L. 1994 H.B. 1362 § 3)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.409 - Determination of amount due — notification, payments — offset allowed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.409. Determination of amount due — notification, payments — offset allowed. —
1. The director of the department of social services shall make a determination as to the amount of nursing facility reimbursement allowance due from each nursing facility.
2. The director of the department of social services shall notify each nursing facility of the annual amount of its reimbursement allowance on or before the first day of October each year. Such amount may be paid in monthly
*
increments over the balance of the reimbursement allowance period.
3. The department of social services may offset the nursing facility reimbursement allowance owed by the nursing facility against any payment due that nursing facility only if the nursing facility requests such an offset. The amounts to be offset shall result, so far as practicable, in withholding from the nursing facility an amount substantially equivalent to the reimbursement allowance owed by the nursing facility. The office of administration and state treasurer may make any fund transfers necessary to execute the offset.
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(L. 1994 H.B. 1362 § 4)
Expires 9-30-24
*Word "month" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.412 - Finality of determination, protest — hearing, reconsideration, appeal.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.412. Finality of determination, protest — hearing, reconsideration, appeal. —
1. Each nursing facility reimbursement allowance determination shall be final after receipt of written notice from the department of social services, unless the nursing facility files a protest with the director of the department of social services setting forth the grounds on which the protest is based, within thirty days from the date of receipt of written notice from the department of social services to the nursing facility.
2. If a timely protest is filed, the director of the department of social services shall reconsider the determination and, if the nursing facility has so requested, the director or the director's designee shall grant the nursing facility a hearing to be held within forty-five days after the protest is filed, unless extended by agreement between the nursing facility and the director. The director shall issue a final decision within forty-five days of the completion of the hearing. After reconsideration of the reimbursement allowance determination and a final decision by the director of the department of social services, a nursing home's appeal of the director's final decision shall be to the administrative hearing commission in accordance with sections 208.156 and 621.055.
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(L. 1994 H.B. 1362 § 5)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.416 - Forms and content set forth in rule.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.416. Forms and content set forth in rule. —
The director of the department of social services shall prescribe by rule the form and content of any document required to be filed pursuant to the provisions of sections 198.401 to 198.436.
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(L. 1994 H.B. 1362 § 6)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.418 - Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.418. Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions. —
1. The nursing facility reimbursement allowance owed or, if an offset has been requested, the balance, if any, after such offset, shall be remitted by the nursing facility to the department of social services. The remittance shall be made payable to the director of the department of revenue. The amount remitted shall be deposited in the state treasury to the credit of the "Nursing Facility Reimbursement Allowance Fund", which is hereby created for the sole purposes of providing payment to nursing facilities and disbursing up to five percent of the federal funds deposited to the nursing facility reimbursement allowance fund each year, not to exceed one million five hundred thousand dollars, to the credit of the nursing facility quality of care fund, subject to appropriation. The "Nursing Facility Quality of Care Fund" is hereby created in the state treasury. All investment earnings of the nursing facility quality of care fund shall be credited to the nursing facility quality of care fund. The unexpended balance in the nursing facility quality of care fund at the end of the biennium is exempt from the provisions of section 33.080. The unexpended balance shall not revert to the general revenue fund, but shall accumulate in the nursing facility quality of care fund from year to year. All investment earnings of the nursing facility reimbursement allowance fund shall be credited to the nursing facility reimbursement allowance fund.
2. An offset as authorized by this section or a payment to the nursing facility reimbursement allowance fund shall be accepted as payment of the nursing facility's obligation imposed by section 198.401.
3. The state treasurer shall maintain records that show the amount of money in the nursing facility reimbursement allowance fund at any time and the amount of any investment earnings on that amount. The department of social services shall disclose such information to any interested party upon written request.
4. The unexpended balance in the nursing facility reimbursement allowance fund at the end of the biennium is exempt from the provisions of section 33.080. The unexpended balance shall not revert to the general revenue fund, but shall accumulate in the nursing facility reimbursement allowance fund from year to year.
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(L. 1994 H.B. 1362 § 7)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.421 - Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014
198.421. Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license. —
1. A nursing facility reimbursement allowance period as provided in sections 198.401 to 198.436 shall be from the first day of October to the thirtieth day of September. The department shall notify each nursing facility with a balance due on the thirtieth day of September of each year the amount of such balance due. If any nursing home fails to pay its nursing facility reimbursement allowance within thirty days of such notice, the reimbursement allowance shall be delinquent. The reimbursement allowance may remain unpaid during an appeal or as allowed in section 198.412.
2. Except as otherwise provided in this section, if any reimbursement allowance imposed under the provision of section 198.401 for a previous reimbursement allowance period is unpaid and delinquent, the department of social services may proceed to enforce the state's lien against the property of the nursing facility and to compel the payment of such reimbursement allowance in the circuit court having jurisdiction in the county where the nursing facility is located. In addition, the director of the department of social services or the director's designee may cancel or refuse to issue, extend or reinstate a Medicaid provider agreement to any nursing facility which fails to pay such delinquent reimbursement allowance required by section 198.401 unless under appeal as allowed in section 198.412.
3. Except as otherwise provided in this section, failure to pay a delinquent reimbursement allowance imposed under section 198.401 shall be grounds for denial, suspension or revocation of a license granted under this chapter. The director of the department of health and senior services may deny, suspend or revoke the license of any nursing facility which fails to pay a delinquent reimbursement allowance unless under appeal as allowed in section 198.412.
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(L. 1994 H.B. 1362 § 8, A.L. 2014 H.B. 1299 Revision)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.424 - No effect upon tax-exempt status.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.424. No effect upon tax-exempt status. —
Nothing in sections 198.401 to 198.436 shall be deemed to affect or in any way limit the tax-exempt or nonprofit status of any nursing facility granted by state law.
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(L. 1994 H.B. 1362 § 9)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.427 - Medicaid provider agreements, payments, rate, computation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.427. Medicaid provider agreements, payments, rate, computation. —
The department of social services shall make payments to those nursing facilities that have a valid Medicaid provider agreement with the department. Any per diem rate, or its equivalent, used to compute such payments shall be equal to or greater than the nursing facility's per diem rate in effect on January 1, 1994, for those facilities with a permanent rate established in accordance with regulations promulgated by the department of social services. Those nursing facilities without a permanent rate or with an interim rate as of January 1, 1994, will be subject to having their permanent rate established in accordance with regulations promulgated by the department of social services in effect on January 1, 1994. Once the permanent rate is established, any per diem rate, or its equivalent, used to compute such payments shall be equal to or greater than the permanent rate established according to regulations in effect on January 1, 1994. The nursing facility reimbursement allowance shall not be used to supplant, and shall be in addition to, general revenue payments to nursing facilities.
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(L. 1994 H.B. 1362 § 10)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.428 - Medicaid eligibility presumed pending approval or denial of application, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014, 2 histories
198.428. Medicaid eligibility presumed pending approval or denial of application, when. —
If the family support division is unable to make a determination regarding Medicaid eligibility for a resident within sixty days of the submission of a completed application for medical assistance for nursing facility services, the patient shall be Medicaid eligible until the application is approved or denied. However, in no event shall benefits be construed to commence prior to the date of application.
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(L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.431 - Contingent application of requirements — disbursement of fund, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.431. Contingent application of requirements — disbursement of fund, when. —
The requirements of sections 198.401 to 198.433 shall apply only as long as the revenues generated under section 198.401 are eligible for federal financial participation as provided in sections 198.401 to 198.433 and payments are made pursuant to the provisions of section 198.401. For the purpose of this section, "federal financial participation" is the federal government's share of Missouri's expenditures under the Medicaid program. Notwithstanding anything in this section to the contrary, in the event federal financial participation is either denied, discontinued, reduced in excess of five percent per year or no longer available for the revenues generated under section 198.401, the director of the department of social services shall cause disbursement of all funds held in the nursing facility reimbursement allowance fund to be made to all nursing facilities in accordance with regulations promulgated by the department of social services, along with a full accounting of such disbursements, within forty-five days of receipt of notice thereof by the department of social services.
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(L. 1994 H.B. 1362 § 11)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.433 - Imposition of allowance, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1994
198.433. Imposition of allowance, when. —
The nursing home reimbursement allowance provided in section 198.401 shall not be imposed prior to the effective date of rules and regulations promulgated by the department of social services, but in no event prior to October 1, 1994.
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(L. 1994 H.B. 1362 § 12)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.436 - Rules, regulations, promulgation, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1995
198.436. Rules, regulations, promulgation, procedure. —
No regulations implementing sections 198.401 to 198.436 may be filed with the secretary of state without first being provided to interested parties registered on a list of such parties to be maintained by the director of the department of social services. Regulations must be provided to all interested parties seventy-two hours prior to being filed with the secretary of state. No rule or portion of a rule promulgated under the authority of sections 198.401 to 198.436 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1994 H.B. 1362 § 13, A.L. 1995 S.B. 3)
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.439 - Expiration date.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Sep 2021, 11 histories, see footnote
198.439. Expiration date. —
Sections 198.401 to 198.436 shall expire on September 30, 2024.
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(L. 1994 H.B. 1362 § 14, A.L. 1996 S.B. 952, A.L. 1999 S.B. 326, A.L. 2002 H.B. 1781 merged with S.B. 1094, A.L. 2005 S.B. 189, A.L. 2006 S.B. 822, A.L. 2007 S.B. 4, A.L. 2011 S.B. 62, A.L. 2015 S.B. 210, A.L. 2016 H.B. 1534, A.L. 2018 S.B. 775, A.L. 2019 S.B. 29, A.L. 2020 H.B. 2456, A.L. 2021 1st Ex. Sess. S.B. 1)
Effective 9-28-21
Expires 9-30-24
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.500 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1996
198.500. Citation of law. —
Sections 198.500 to 198.515 shall be known and may be cited as the "Alzheimer's Special Care Disclosure Act".
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(L. 1996 H.B. 781 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.505 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1996
198.505. Definitions. —
For the purposes of sections 198.500 to 198.515,
"Alzheimer's special care unit"
or
"Alzheimer's special care program"
means any facility as defined in section 198.006, or any home health agency, adult day care center, hospice or adult foster home that locks, secures, segregates or provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or a related disorder, to prevent or limit access by a resident outside the designated or separated area; and that advertises, markets or otherwise promotes the facility as providing specialized Alzheimer's or dementia care services.
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(L. 1996 H.B. 781 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.510 - Disclosure required, by whom — licensing department, duties — department of health and senior services, duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014
198.510. Disclosure required, by whom — licensing department, duties — department of health and senior services, duties. —
1. Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's special care program shall be required to disclose the form of care or treatment provided that distinguishes that unit or program as being especially applicable, or suitable for persons with Alzheimer's or dementia. The disclosure shall be made to the department which licenses the facility, agency or center giving the special care. At the time of admission of a patient requiring treatment rendered by the Alzheimer's special care program, a copy of the disclosure made to the department shall be delivered by the facility to the patient and the patient's next of kin, designee, or guardian. The licensing department shall examine all such disclosures in the department's records and verify the information on the disclosure for accuracy as part of the facility's regular license renewal procedure.
2. The department of health and senior services shall develop a single disclosure form to be completed by the facility, agency or center giving the special care. The information required to be disclosed by subsection 1 of this section on this form shall include, if applicable, an explanation of how the care is different from the rest of the facility in the following areas:
(1) The Alzheimer's special care unit's or program's written statement of its overall philosophy and mission which reflects the need of residents afflicted with dementia;
(2) The process and criteria for placement in, transfer or discharge from, the unit or program;
(3) The process used for assessment and establishment of the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition;
(4) Staff training and continuing education practices;
(5) The physical environment and design features appropriate to support the functioning of cognitively impaired adult residents;
(6) The frequency and types of resident activities;
(7) The involvement of families and the availability of family support programs;
(8) The costs of care and any additional fees; and
(9) Safety and security measures.
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(L. 1996 H.B. 781 § 3, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.515 - Alzheimer's facilities, informational documents required — department, duties — licensing department, verification.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2014
198.515. Alzheimer's facilities, informational documents required — department, duties — licensing department, verification. —
Any facility which offers to provide or provides care for persons with Alzheimer's disease by means of an Alzheimer's special care unit or Alzheimer's special care program shall be required to provide an informational document developed by or approved by the department of health and senior services. The document shall include but is not limited to updated information on selecting an Alzheimer's special care unit or Alzheimer's special care program. The document shall be given to any person seeking information about or placement in an Alzheimer's special care unit or Alzheimer's special care program. The distribution of this document shall be verified by the licensing department as part of the facility's regular license renewal procedure.
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(L. 1996 H.B. 781 § 4, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.525 - Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 2022, 3 histories
198.525. Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when. —
1. In order to comply with sections 198.012 and 198.022, the department of health and senior services shall inspect residential care facilities, assisted living facilities, intermediate care facilities, and skilled nursing facilities, including those facilities attached to acute care hospitals at least once a year.
2. The department shall not assign an individual to inspect or survey a long-term care facility licensed under this chapter, for any purpose, in which the inspector or surveyor was an employee of such facility within the preceding two years.
3. For any inspection or survey of a facility licensed under this chapter, regardless of the purpose, the department shall require every newly hired inspector or surveyor at the time of hiring or, with respect to any currently employed inspector or surveyor as of August 28, 2009, to disclose:
(1) The name of every Missouri licensed long-term care facility in which he or she has been employed; and
(2) The name of any member of his or her immediate family who has been employed or is currently employed at a Missouri licensed long-term care facility.
­­The disclosures under this subsection shall be disclosed to the department whenever the event giving rise to disclosure first occurs.
4. For purposes of this section, the phrase
"immediate family member"
shall mean husband, wife, natural or adoptive parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild.
5. The information called for in this section shall be a public record under the provisions of subdivision (6) of section 610.010.
6. Any person may notify the department if facts exist that would lead a reasonable person to conclude that any inspector or surveyor has any personal or business affiliation that would result in a conflict of interest in conducting an inspection or survey for a facility. Upon receiving that notice, the department, when assigning an inspector or surveyor to inspect or survey a facility, for any purpose, shall take steps to verify the information and, if the department has probable cause to believe that it is correct, shall not assign the inspector or surveyor to the facility or any facility within its organization so as to avoid an appearance of prejudice or favor to the facility or bias on the part of the inspector or surveyor.
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(L. 1999 S.B. 8 & 173 § 4, A.L. 2003 S.B. 556 & 311, A.L. 2009 H.B. 395, A.L. 2022 H.B. 2331 merged with S.B. 710)