Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 105 - Supplemental Health Care Services Agency › Section 19 CSR 30-105.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms as set forth in this
				  chapter and sections 198.640 through
				  198.648, RSMo.
(1) Addresses shall mean, for legal entities
				and individuals, the physical address from which the disclosing entity operates
				its Missouri business and mailing address if different from the physical
				address.
(2) Articles shall mean a
				legal entity's articles of incorporation, articles of association, articles of
				organization, or articles of partnership.
(3) Average amount charged shall mean the
				average hourly rates or set pricing charged to a health care facility by an
				agency for each applicable individual health care personnel.
(4) Average amount paid shall mean the
				average hourly rates or set pricing paid by the agency to each applicable
				individual health care personnel.
(5) Controlling person shall mean a business
				entity, officer, program administrator, or director whose responsibilities
				include the direction of the management or policies of a supplemental health
				care services agency. The term controlling person shall also mean an individual
				who, directly or indirectly, beneficially owns an interest in a corporation,
				partnership, or other business association that is a controlling
				person.
(6) Department shall mean
				the Missouri Department of Health and Senior Services.
(7) Digital website shall mean an online
				webpage or technology platform operated by an agency that maintains data of
				health care personnel or independent contractors submitted to the agency
				online, for referral or provisioning engagement of the healthcare personnel to
				a health care facility.
(8) Digital
				smart phone application shall mean a computer program or software application
				operated by an agency that maintains data of health care personnel or
				independent contractors or provisioning engagement of the healthcare personnel
				to a health care facility.
(9)
				Employment opportunities shall mean either part time or full-time employment
				with any health care facility.
(10)
				Health care facility shall mean a licensed hospital as defined under section
				197.020, RSMo, or a licensed
				assisted living facility, intermediate care facility, residential care
				facility, or skilled nursing facility as defined under section
				198.006, RSMo.
(11) Health care personnel or personnel shall
				mean any individual licensed, accredited, or certified by the state of Missouri
				to perform specified health services consistent with state law.
(12) Immediately available shall mean made
				available to the department or its agent within two (2) business days following
				written requests made by means of email, fax, or in-person delivery, or within
				(1) hour of requests made during inspection visits.
(13) Independent contractor shall mean a
				self-employed worker licensed, accredited, or certified by the state of
				Missouri to perform specified health services consistent with state law, who is
				contracted, referred, or provisioned for engagement by a supplemental health
				care services agency to fulfill specified health services in a health care
				facility.
(14) Operator shall mean
				any person who establishes, conducts, or maintains an agency, or any person
				licensed or required to be licensed to establish, maintain, or conduct an
				agency.
(15) Owner shall mean any
				person with an ownership interest of five percent (5%) or more in the
				agency.
(16) Ownership interest
				shall mean a percentage of ownership of each person of any general partnership,
				limited partnership, general business corporation, nonprofit corporation,
				limited liability company, or governmental entity which owns or operates the
				agency.
(17) Person shall mean an
				individual, firm, corporation, partnership, association, or other legal
				entity.
(18) Referral shall mean
				the act of sending or directing health care personnel to a health care facility
				to work at the request of or for the benefit of the facility.
(19) Specified health service shall mean
				services provided by any individual health care personnel or independent
				contractor in a health care facility.
(20) Supplemental health care services agency
				or agency shall mean a person, firm, corporation, partnership, or association
				engaged for hire in the business of providing or procuring temporary employment
				in health care facilities for health care personnel, including a temporary
				nursing staffing agency as defined in section
				383.130, RSMo, or that operates
				a digital website or digital smartphone application that facilitates the
				provision of the engagement of health care personnel and accepts requests for
				health care personnel through its digital website or digital smartphone
				application. The term shall not include an individual who engages only on his
				or her own behalf, or to provide the individual's services on a temporary basis
				to health care facilities or a home health agency licensed under section
				197.415, RSMo, and shall not
				include a person, firm, corporation, partnership, or association engaged in the
				provision of contracted specialty services by a practitioner as defined under
				subdivision (4) of section
				376.1575, RSMo, to a hospital as
				defined under section
				197.020, RSMo, or to other
				individuals or entities providing health care that are not health care
				facilities.
(21) Temporary
				employment shall mean health care personnel placed by a supplemental health
				care services agency in a health care facility for an initial term of less than
				twenty-four (24) months to support or supplement the facilities' workforce for
				any purpose.