reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.097 - Misappropriation of funds of elderly or disabled nursing home residents, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jan 2017, 2 histories, see footnote
198.097. Misappropriation of funds of elderly or disabled nursing home residents, penalty. —
1. Any person who assumes the responsibility of managing the financial affairs of an elderly or disabled person who is a resident of any facility licensed under this chapter is guilty of a class E felony if such person misappropriates the funds and fails to pay for the facility care of the elderly or disabled person. For purposes of this subsection, a person assumes the responsibility of managing the financial affairs of an elderly person when he or she receives, has access to, handles, or controls the elderly or disabled person's monetary funds, including but not limited to Social Security income, pension, cash, or other resident income.
2. Evidence of misappropriating funds and failure to pay for the care of an elderly or disabled person may include but not be limited to proof that the facility has sent, by certified mail with confirmation receipt requested, notification of failure to pay facility care expenses incurred by a resident to the person who has assumed responsibility of managing the financial affairs of the resident.
3. Nothing in subsection 2 of this section shall be construed as limiting the investigations or prosecutions of violations of subsection 1 of this section or the crime of financial exploitation of an elderly or disabled person as defined by section 570.145.
­­--------
(L. 1987 S.B. 277 § 1, A.L. 2007 S.B. 577, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.099 - Petition for appointment of receiver — when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.099. Petition for appointment of receiver — when. —
The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a facility or the owner or operator of a facility may petition for appointment of a receiver for a facility when any of the following conditions exist:
(1) The operator is operating without a license;
(2) The department has revoked the license of an operator or refused to grant an application for a license to the operator;
(3) The department has initiated revocation procedures and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license revocation;
(4) The facility is closing or intends to close and adequate arrangements for relocation of residents have not been made at least thirty days prior to closure;
(5) An emergency exists in the facility;
(6) The operator is insolvent; or
(7) An owner of the land or structure is insolvent and such insolvency substantially affects the operation of the facility.
­­--------
(L. 1979 S.B. 328, et al. § 33)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.103 - Department may appoint monitor.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.103. Department may appoint monitor. —
In any situation described in section 198.099, the department may place a person to act as a monitor in the facility. The monitor shall observe operation of the facility and shall advise it on how to comply with state laws and regulations, and shall submit a written report periodically to the department on the operation of the facility.
­­--------
(L. 1979 S.B. 328, et al. § 34)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.108 - Ex parte appointment of receiver in emergency, when — notice — hearing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.108. Ex parte appointment of receiver in emergency, when — notice — hearing. —
If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to believe that an emergency exists in the facility, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing. Notice of the petition and order shall be served on the operator or administrator of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the facility within twenty-four hours after issuance of the order. If the petition is not filed by the attorney general, a copy of the petition shall be served on the department and upon the attorney general. A hearing on the petition shall be held within three days after notice is served or posted unless the operator consents to a later date. After the hearing, the court may terminate, continue or modify the temporary order.
­­--------
(L. 1979 S.B. 328, et al. § 36)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.115 - Executory contracts, receiver not required to honor — when — hearing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.115. Executory contracts, receiver not required to honor — when — hearing. —
1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the facility's operator or administrator while acting in that capacity, if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:
(1) The person seeking payment under the agreement was an affiliate of the operator or owner at the time the agreement was made;
(2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.
2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease or mortgage involved by any person who received such notice, but the payment does not relieve the owner or operator of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved.
­­--------
(L. 1979 S.B. 328, et al. § 38)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.118 - Compensation of receiver.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.118. Compensation of receiver. —
The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership.
­­--------
(L. 1979 S.B. 328, et al. § 39)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.121 - Bond of receiver.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.121. Bond of receiver. —
A receiver may be required by the court to post a bond, which shall be considered a necessary expense of the receivership.
­­--------
(L. 1979 S.B. 328, et al. § 40)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.124 - License may be issued to facility operated by receiver — duration.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.124. License may be issued to facility operated by receiver — duration. —
Other provisions of sections 198.003 to 198.096 notwithstanding, the department may issue a license to a facility being operated by a receiver under sections 198.099 to 198.136. The duration of a license issued under this subsection is limited to the duration of the receivership.
­­--------
(L. 1979 S.B. 328, et al. § 41)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.128 - Termination of receivership, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.128. Termination of receivership, when. —
The court may terminate a receivership:
(1) Upon a motion by any party to the petition, by the department, or by the receiver, and a finding by the court that the deficiencies and violations in the facility have been substantially eliminated or remedied; or
(2) If all residents in the facility have been provided alternative modes of health care, either in another facility or otherwise.
­­The court may immediately terminate the receivership, or may terminate the receivership subject to such terms as the court deems necessary or appropriate to prevent the conditions complained of from recurring.
­­--------
(L. 1979 S.B. 328, et al. § 42)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.132 - Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.132. Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment. —
1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under section 198.108 and of the expenses of the receivership.
2. If the operating funds collected by the receiver under section 198.112 exceed the reasonable expenses of the receivership, the court shall order the payment of the surplus to the operator. If the operating funds are insufficient to cover reasonable expenses of the receivership, the operator shall be liable for the deficiency. The operator may apply to the court to determine the reasonableness of any expense of the receivership. The operator shall not be responsible for expenses in excess of what the court finds to be reasonable.
3. If a deficiency exists under subsection 2 of this section, the receiver may apply to the court for such a determination. If after notice to all interested parties and a hearing the court finds that in fact a deficiency does exist, then the court shall enter judgment in favor of the receiver and against the appropriate party or parties as set forth in subsection 2 of this section for the amount of such deficiency. Any judgment obtained under this subsection shall be treated as any other judgment and may be enforced according to law.
4. Any judgment for a deficiency obtained in accordance with this section by the receiver or any portion thereof may be assigned wholly or in part upon approval of the court.
5. The judgment shall have priority over any other judgment or lien or other interest which originates subsequent to the filing of a petition for receivership under the provisions of sections 198.099 to 198.136 except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.
­­--------
(L. 1979 S.B. 328, et al. § 43)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.136 - Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.136. Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved. —
No operator or affiliate may be held liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership. Nothing in sections 198.099 to 198.136 shall be deemed to relieve any operator or any affiliate of an operator of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the operator or affiliates of the operator prior to the appointment of a receiver under section 198.105 or 198.108, nor shall anything contained in sections 198.099 to 198.136 be construed to suspend during the receivership any obligation of the operator or any affiliate of an operator for payment of taxes or other operating and maintenance expenses of the facility, nor of the operator or affiliates of the operator for the payment of mortgages or liens.
­­--------
(L. 1979 S.B. 328, et al. § 44)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.139 - Medicaid moneys not to be used for other purposes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.139. Medicaid moneys not to be used for other purposes. —
A health care provider or vendor shall not knowingly use any moneys paid to him under Medicaid for services provided to any resident for any purpose other than that permitted by the provisions of chapter 208 or state regulations or federal regulations or statutes governing Medicaid reimbursement.
­­--------
(L. 1979 S.B. 328, et al. § 45)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.142 - Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.142. Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments. —
A health care provider or vendor shall not knowingly:
(1) Make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment under Medicaid for services provided to any resident;
(2) Make or cause to be made any false statement or representation of any material fact for use in determining the person's eligibility for any benefit or payment under Medicaid for services provided to any resident;
(3) Conceal or fail to disclose any material fact that affects his eligibility for any benefit or payment under Medicaid for services provided to any resident or affects the eligibility of another for whom he applies or for whom he receives such benefit or payment, with the intent to secure the benefit or payment in a greater quantity than is due or to secure the benefit or payment when none is permitted;
(4) Convert a benefit or payment he receives under Medicaid for services provided to a resident for a use or benefit other than that for which it was specifically intended.
­­--------
(L. 1979 S.B. 328, et al. § 46)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.145 - Kickbacks, bribes and rebates prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.145. Kickbacks, bribes and rebates prohibited, when. —
A person shall not purposely solicit or receive any payment, including, without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind, from any vendor or health care provider:
(1) In return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Medicaid; or
(2) In return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any good, facility, service or item for which payment may be made in whole or in part under Medicaid.
­­--------
(L. 1979 S.B. 328, et al. § 47)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.148 - Offering or making kickbacks, bribes or rebates prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.148. Offering or making kickbacks, bribes or rebates prohibited, when. —
A health care provider or vendor shall not purposely offer or make any payment, including without limitation, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind, to any person to induce the person:
(1) To refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Medicaid; or
(2) To purchase, lease, order or arrange for or recommend purchasing, leasing or ordering any good, facility, service or item for which payment may be made in whole or in part under Medicaid.
­­--------
(L. 1979 S.B. 328, et al. § 48)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.151 - Usual trade discounts and employment benefits not kickbacks, bribes or rebates.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.151. Usual trade discounts and employment benefits not kickbacks, bribes or rebates. —
Sections 198.145 and 198.148 do not apply to:
(1) Any usual trade discount which is dependent solely upon time of payment or quantity buying to wholesalers which is obtained by a health care provider regardless of whether reflected in the cost claimed or charges made by the health care provider under Medicaid; and
(2) Any amount paid by an employer to an employee, who has a bona fide employment relationship with the employer, for employment in the provision of covered services or items.
­­--------
(L. 1979 S.B. 328, et al. § 49)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.155 - False statements by health care provider prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.155. False statements by health care provider prohibited, when. —
1. A health care provider shall not knowingly make or cause to be made any false statement or representation of material fact in order to qualify either upon initial certification or upon recertification to receive funds under Medicaid.
2. A health care provider shall not knowingly induce or seek to induce any such false statement or representation of material fact for consideration, whether the consideration is direct or indirect.
­­--------
(L. 1979 S.B. 328, et al. § 50)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.158 - Penalties for violation of sections 198.139 to 198.155.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jan 2017, 2 histories, see footnote
198.158. Penalties for violation of sections 198.139 to 198.155. —
1. A person committing any act in violation of any provision of sections 198.139 to 198.155 is guilty of a class E felony.
2. A vendor or health care provider convicted of a criminal violation of sections 198.139 to 198.155 shall be prohibited from receiving future moneys under Medicaid or from providing services under Medicaid for or on behalf of any other health care provider. However, the director of the department or his or her designee shall review this prohibition upon the petition of a vendor or health care provider so convicted and, for good cause shown, may reinstate the vendor or health care provider as being eligible to receive funds under Medicaid. The decision of the director or his or her designee shall be made in writing after the director of the fraud investigation division is allowed the opportunity to state his or her position concerning such petition.
3. A vendor or health care provider committing any act or omission in violation of sections 198.139 to 198.155 shall be civilly liable to the state for any moneys obtained under Medicaid as a result of such act or omission.
­­--------
(L. 1979 S.B. 328, et al. § 51, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.161 - Fraud investigation division created — director — compensation — assistance by local prosecutors.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.161. Fraud investigation division created — director — compensation — assistance by local prosecutors. —
1. There is hereby created within the department of social services a "Fraud Investigation Division". The fraud investigation division shall be headed by a division director appointed by the director of the department of social services. The director of the fraud investigation division shall be an attorney at law licensed to practice in this state and shall have substantial experience in criminal prosecution or defense. The director of the fraud investigation division shall receive such compensation as the director of the department of social services may designate subject to appropriation by the general assembly. The director of the fraud investigation division may employ such attorneys, accountants, investigators and such other personnel as are necessary to conduct the activities of the division. A team approach to the operations of the division shall be utilized wherever practicable.
2. The director of the fraud investigation division, with such assistance as he may require from the appropriate county prosecuting attorney, shall investigate suspected violations of sections 198.139 to 198.155 and any civil liabilities due the state as a result of any such violation. Evidence of actions which may constitute criminal violations under sections 198.139 to 198.155 shall be referred to the appropriate county prosecuting attorney. If the prosecuting attorney fails or refuses to initiate prosecution on a cause referred to him by the director of the fraud investigation division within sixty days after he is made aware by complaint of an alleged violation, the prosecuting attorney shall so notify the attorney general, who may take full charge of the prosecution and may initiate prosecution by information or indictment for the violation.
­­--------
(L. 1979 S.B. 328, et al. § 52)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.165 - Medicaid payments stopped by division, when — hearing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.165. Medicaid payments stopped by division, when — hearing. —
1. When the director of the investigation division has probable cause to believe that a health care provider is committing any act or omission in violation of any provision of sections 198.139 to 198.186, he may petition an appropriate court for an order to stop payments under Medicaid to the health care provider pending completion of the investigation and litigation under sections 198.139 to 198.186.
2. The court shall allow the health care provider the opportunity to be heard on the request of the director of the fraud investigation division and shall decide, in writing, whether to stop payments to the health care provider.
­­--------
(L. 1979 S.B. 328, et al. § 53)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.168 - Fraud investigation director may petition for appointment of receiver, when — court hearing.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.168. Fraud investigation director may petition for appointment of receiver, when — court hearing. —
If the director of the fraud investigation division has probable cause to believe that any acts or omissions in violation of sections 198.139 to 198.155 have been committed by a person who is in control of assets purchased, in whole or in part, directly or indirectly, with funds from Medicaid and is likely to convert, destroy or remove those assets, the director of the fraud investigation division can petition the circuit court of the county in which those assets may be found to appoint a receiver to manage those assets until the investigation and any litigation are completed. The circuit court immediately upon receipt of the petition of the director of the fraud investigation division shall enjoin the person in control of the assets from converting, destroying or removing those assets. A hearing for the appointment of a receiver shall be held within ten days of the filing of the petition. If the court finds that there is probable cause to believe the person has committed any acts or omissions in violation of any provisions of sections 198.139 to 198.155 and that the assets are likely to be converted, destroyed or removed, the circuit court shall appoint a receiver to manage the assets until the investigation and any litigation are completed. The court shall maintain continuing jurisdiction over the assets and may modify its orders as circumstances require. The order appointing a receiver shall be a final order for purposes of appeal.
­­--------
(L. 1979 S.B. 328, et al. § 54)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.171 - Civil restitution of Medicaid funds, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.171. Civil restitution of Medicaid funds, when. —
The director of the fraud investigation division may seek civil restitution of any moneys dispensed under Medicaid for services provided to any resident or under section 208.030 which have been misappropriated, fraudulently obtained, or constitute overpayments. The authority of the director of the fraud investigation division under sections 198.139 to 198.186 to seek civil restitution does not diminish the authority of the department to seek restitution.
­­--------
(L. 1979 S.B. 328, et al. § 55)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.174 - Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.174. Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties. —
1. For the purpose of any investigation or proceeding under sections 198.158 to 198.171, the director of fraud investigation or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take testimony, require answers to written interrogatories and require production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director of fraud investigation deems relevant and material to the inquiry.
2. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the circuit court of any county of the state or the city of St. Louis, upon application by the division director may issue to the person an order requiring him to appear before the division director, or the officer designated by him, there to produce documentary evidence if so ordered or to give testimony or answer interrogatories touching the matter under investigation or in question in accordance with the forms and procedures otherwise authorized by the Rules of Civil Procedure. The court may make any order which justice requires to protect any person from undue annoyance, embarrassment, expense or oppression. Failure to obey the order of the court may be punished by the court as a contempt of court.
3. Notwithstanding the provisions of section 326.151, the accountant-client privilege recognized therein shall not, upon a knowing and intelligent waiver by any person subject to sections 198.003 to 198.186, constitute a defense and shall not apply to a subpoena under this section and shall not apply in court proceedings instituted pursuant to sections 198.139 to 198.186.
4. Information or documents obtained under this section by the director of the fraud investigation division shall not be disclosed except in the course of civil or criminal litigation or to another prosecutorial or investigative agency, or to the divisions of the department.
5. Anyone improperly disclosing information obtained under this section is guilty of a class A misdemeanor.
6. The provisions of this section do not repeal existing provisions of law and shall be construed as supplementary thereto.
­­--------
(L. 1979 S.B. 328, et al. § 56)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.177 - Compelling of testimony — grant of immunity, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.177. Compelling of testimony — grant of immunity, when. —
1. In any investigation or proceeding under sections 198.139 to 198.186 in which any person has been or may be called to testify, produce evidence or provide other information by means of a subpoena or before a court or grand jury, if the person refuses to answer any question or produce evidence or material of any kind on the ground that he may be incriminated thereby, the director of the fraud investigation division may, in writing, request the circuit court of the county in which the proceeding is held to order the person to answer the question or produce the evidence. Upon receipt of the request, the court shall hold a hearing on said written request after written notice to the person specifying the nature of the request and the time and place of the hearing, and advising the person of his right to be present and his right to counsel at such hearing. At the hearing the director of the fraud investigation division and the person may participate. The burden of proof is on the director of the division to demonstrate to the court (1) the necessity for and (2) the reasonableness of the request to order the person to answer the question or produce the evidence or both. If the court is satisfied that such burden has been met, it may issue an order requiring the person to answer the questions or produce the evidence, or both, which he refuses to give or produce on the basis of his privilege against self-incrimination. If the court believes such burden has not been met, it shall dismiss the request. When the order is communicated to the person, the person may not refuse to comply with the order on the basis of his privilege against self-incrimination. After complying with the order and giving the testimony or producing the evidence, no testimony or other evidence or information obtained or any information directly or indirectly derived from the testimony or evidence may be used against the person in any proceeding or prosecution for any offense concerning which he gave answer or produced evidence under court order, except a prosecution for perjury, false swearing or contempt committed in answering or failing to answer, or in the producing or failing to produce evidence in accordance with the order.
2. If any person refuses to testify after being granted immunity from prosecution under sections 198.139 to 198.186 and after being ordered to testify or produce evidence, the court may find the person in contempt.
­­--------
(L. 1979 S.B. 328, et al. § 57)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.180 - Audit and inspection of records, when — warrant.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.180. Audit and inspection of records, when — warrant. —
During any investigation under sections 198.139 to 198.186, the director of the fraud investigation division shall have the right to audit and to inspect the records of any health care provider or vendor. If the health care provider or vendor refuses to allow such audit or inspection or if there is reason to believe that the records are in danger of being destroyed, altered or secreted, the director of the fraud investigation division may make written application under oath to any court in the county where the records in question are being kept, or in Cole County, and if the judge shall be satisfied that there is reasonable cause for the audit or inspection or reasonable cause to believe that the records are in danger of being destroyed, altered or secreted, he shall issue a warrant to search for and seize such records.
­­--------
(L. 1979 S.B. 328, et al. § 58)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.183 - State agencies and law enforcement officers to cooperate with fraud investigation division.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.183. State agencies and law enforcement officers to cooperate with fraud investigation division. —
1. All state agencies shall cooperate with the director of the fraud investigation division in his efforts to enforce the provisions of sections 198.139 to 198.186. All officers of the state of Missouri charged with the enforcement of criminal law shall also render and furnish to the director of the fraud investigation division, when requested, all information and assistance in their possession or within their power relating to sections 198.139 to 198.186.
2. The department and all of its other divisions shall promptly notify the director of the fraud investigation division of any substantial complaint or allegation of possible fraudulent activity on the part of a health care provider or vendor under Medicaid and shall refer to the director of the fraud investigation division all suspected cases of fraud in Medicaid services provided to any resident.
3. The director of the fraud investigation division shall be allowed access to all information in the possession of the department which relates to Medicaid services provided to any resident. The department shall make available to the director of the fraud investigation division electronic data processing services pertaining to such Medicaid information.
­­--------
(L. 1979 S.B. 328, et al. § 59)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.186 - Local crime investigation powers not diminished.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 01 Jul 1979, see footnote
198.186. Local crime investigation powers not diminished. —
The powers of the director of the fraud investigation division under sections 198.139 to 198.186 shall not diminish the powers of local authorities to investigate criminal conduct within their jurisdiction.
­­--------
(L. 1979 S.B. 328, et al. § 60)
Effective 7-1-79
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.187 - Criminal background checks for residents permitted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Aug 2009
198.187. Criminal background checks for residents permitted. —
Any long-term care facility licensed under this chapter may request criminal background checks under chapter 43 of a resident in such facility.
­­--------
(L. 2009 H.B. 395)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.189 - Medicaid payment system for assisted living facilities to be implemented — options.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
Effective - 28 Aug 2014, 2 histories
198.189. Medicaid payment system for assisted living facilities to be implemented — options. —
The department of social services, MO HealthNet division, and the department of health and senior services, division of senior and disability services shall work together to implement a new Medicaid payment system for assisted living facilities defined in section 198.006. The departments shall look at possible options including but not limited to federal Medicaid waivers, state plan amendments, and provisions of the federal Deficit Reduction Act of 2005 that will allow a tiered rate system via a bundled monthly rate for all services not included in the room and board function of the facility, including but not limited to: adult day care/socialization activities, escort services, essential shopping, health maintenance activities, housekeeping activities, meal preparation, laundry services, medication assistance (set-up and administration), personal care services, assistance with activities of daily living and instrumental activities of daily living, transportation services, nursing supervision, health promotion and exercise programming, emergency call systems, incontinence supplies, and companion services. The amount of the personal funds allowance for the Medicaid recipient residing in an assisted living facility shall include enough money for over-the-counter medications and co-payments for Medicaid and Medicare Part D services. The departments shall work with assisted living facility provider groups in developing this new payment system. The department of social services shall submit all necessary applications for implementing this new system singularly or within a multiservice state Medicaid waiver application to the secretary of the federal Department of Health and Human Services by July 1, 2007.
­­--------
(L. 2006 S.B. 616 § 1, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.200 - District created, how — territory included — name — nursing home defined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1984
198.200. District created, how — territory included — name — nursing home defined. —
1. A nursing home district may be created, incorporated and managed as provided in sections 198.200 to 198.350 and may exercise the powers herein granted or necessarily implied. A nursing home district may include municipalities or territory not in municipalities or both or territory in one or more counties; except, that the provisions of sections 198.200 to 198.350 are not effective in counties having a population of more than four hundred thousand inhabitants. The territory contained within the corporate limits of an existing nursing home district shall not be incorporated in another nursing home district.
2. When a nursing home district is organized it shall be a body corporate and political subdivision of the state and shall be known as "______ Nursing Home District", and in that name may sue and be sued, levy and collect taxes within the limitations of sections 198.200 to 198.350 and the constitution and issue bonds as herein provided.
3. For the purposes of sections 198.200 to 198.360,
"nursing home"
shall mean a residential care facility, an assisted living facility, an intermediate care facility, or a skilled nursing facility as defined in section 198.006.
­­--------
(L. 1963 p. 368 § 2, A.L. 1979 S.B. 328, et al., A.L. 1984 S.B. 451)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.210 - Petition of voters for district, where filed, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.210. Petition of voters for district, where filed, contents. —
Whenever the creation of a nursing home district is desired, a number of voters residing in the proposed district equal to ten percent of the vote cast for governor in the proposed district in the next preceding gubernatorial election, may file with the county clerk in which the territory or the greater part thereof is situated, a petition requesting the creation thereof. In case the proposed district which shall be contiguous is situated in two or more counties, the petition shall be filed in the office of the county clerk of the county in which the greater part of the area is situated, and the commissioners of the county commission of the county shall set the petition for public hearing. The petition shall set forth:
(1) A description of the territory to be embraced in the proposed district;
(2) The names of the municipalities located within the area;
(3) The name of the proposed district;
(4) The population of the district, which shall not be less than two thousand inhabitants;
(5) The assessed valuation of the area, which shall not be less than two million five hundred thousand dollars; and
(6) A request that the question be submitted to the voters residing within the limits of the proposed nursing home district whether they will establish a nursing home district under sections 198.200 to 198.350, to be known as "______ Nursing Home District" for the purpose of constructing and maintaining a public nursing home.
­­--------
(L. 1963 p. 368 § 3, A.L. 1978 H.B. 971)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.220 - Notice of hearing on petition — costs of notice.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.220. Notice of hearing on petition — costs of notice. —
1. Upon the filing of the petition with the county clerk, he shall present it to the commissioners of the county commission who shall thereupon set the petition for hearing within not less than thirty nor more than forty days after the filing.
2. Notice shall be given by the commissioner of the county commission of the time and place where the hearing will be held, by publication on three separate days in one or more newspapers having a general circulation within the territory proposed to be incorporated as a nursing home district, the first of which publications shall be not less than twenty days prior to the date set for the hearing and if there is no such newspaper, then notice shall be posted in ten of the most public places in the territory, not less than twenty days prior to the date set for the hearing. This notice shall include a description of the territory as set out in the petition, names of municipalities located therein and the name of the proposed district and the question of creating a nursing home district.
3. The costs of printing and publication or posting of notices of public hearing thereon shall be paid in advance by the petitioners, and, if a district is organized under sections 198.200 to 198.350, they shall be reimbursed out of the funds received by the district from taxation or other sources.
­­--------
(L. 1963 p. 368 § 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.230 - Procedure where several petitions filed — amendment.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1963
198.230. Procedure where several petitions filed — amendment. —
If two or more petitions covering in part the same territory are filed prior to the public hearing upon the petition which is first filed, the petitions shall be consolidated for public hearing, and hearing thereon may be continued to permit the giving of notice of any subsequent petitions. At the public hearing upon the petitions, the petitioners in the petition first filed may move to amend the petition to include any part of the territory described in the subsequent petitions, either as originally filed or as amended. Any such motion shall be allowed by the commissioners of the county commission. The public hearing shall proceed upon the first petition as originally filed or as so amended, and further proceedings upon any other petitions subsequently filed shall be stayed and held in abeyance until the termination of all proceedings upon the first petition, or any petition may be dismissed or withdrawn upon motion of the petitioners therein by their representatives.
­­--------
(L. 1963 p. 368 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.240 - If petition sufficient county commission to order election.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1978
198.240. If petition sufficient county commission to order election. —
If the territory, petition and proceedings meet the requirements of sections 198.200 to 198.350, the commissioners of the county commission shall in and by the order finding and determining the sufficiency of the petition and that the territory meets the requirements of sections 198.200 to 198.350
*
order the question to be submitted to the voters of the proposed district.
­­--------
(L. 1963 p. 368 § 6, A.L. 1978 H.B. 971)
*Words "and shall" appear in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.250 - Notice of election, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1985
198.250. Notice of election, contents. —
Each notice shall state briefly the purpose of the election, setting forth the proposition to be voted upon and a description of the territory. The notice shall further state that any district upon its establishment shall have the powers, objects and purposes provided by sections 198.200 to 198.350, and shall have the power to levy a property tax not to exceed thirty-five cents on the one hundred dollars valuation.
­­--------
(L. 1963 p. 368 § 7, A.L. 1978 H.B. 971, A.L. 1985 S.B. 100)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 198 - Nursing Homes and Facilities › Section 198.260 - Form of ballot.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 198
• Effective - 28 Aug 1985
198.260. Form of ballot. —
The question of whether or not a nursing home shall be organized shall be submitted in substantially the following form:
Shall there be organized in the counties of ______ , state of Missouri, a nursing home district for the establishment and operation of a nursing home to be located within the boundaries of the proposed district and having the power to impose a property tax not to exceed the annual rate of thirty-five cents on the hundred dollars assessed valuation without voter approval, and such additional tax as may be approved hereafter by vote thereon, to be known as "______ Nursing Home District" as prayed for by petition filed with the county clerk of ______ County, Missouri, on the ______ day of ______, 20______?
­­--------
(L. 1963 p. 368 § 8, A.L. 1978 H.B. 971, A.L. 1985 S.B. 100)