Mo. Rev. Stat. § 198.003
Citation of law
Sections 198.003 to 198.186 shall be known and may be cited as the "Omnibus Nursing Home Act".
Revised Statutes of Missouri Chapter 198 — Nursing Homes and Facilities
Missouri · statute · Mo. Rev. Stat. ch. 198 · 146 active provisions
Mo. Rev. Stat. § 198.005
Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes
The term "residential care facility I" shall be referred to as a "residential care facility", and the term "residential care facility II" shall be referred to as "assisted living facility". The revisor of statutes shall make the appropriate changes to all such references in the revised statutes, except that references…
Mo. Rev. Stat. § 198.006
Definitions
As used in sections 198.003 to 198.186, unless the context clearly indicates otherwise, the following terms mean: (1) "Abuse", the infliction of physical, sexual, or emotional injury or harm; (2) "Activities of daily living" or "ADL", one or more of the following activities of daily living: (a) Eating; (b) Dressing; (c…
Mo. Rev. Stat. § 198.009
Department to administer — promulgation of rules, procedure — cooperation of other agencies
1. The provisions of sections 198.003 to 198.186 shall be administered by the department. The department shall have authority to promulgate rules and regulations for the purposes of administering sections 198.003 to 198.186. All such rules and regulations shall be promulgated in accordance with this section and chapter…
Mo. Rev. Stat. § 198.012
Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed
1. The provisions of sections 198.003 to 198.136 shall not apply to any of the following entities: (1) Any hospital, facility or other entity operated by the state or the United States; (2) Any facility or other entity otherwise licensed by the state and operating exclusively under such license and within the limits of…
Mo. Rev. Stat. § 198.015
License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation
1. No person shall establish, conduct or maintain a residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility in this state without a valid license issued by the department. Any person violating this subsection is guilty of a class A misdemeanor. Any person violating t…
Mo. Rev. Stat. § 198.016
Information on home- and community-based services to be provided prior to admission
Prior to admission of a MO HealthNet individual into a long-term care facility, the prospective resident or his or her next of kin, legally authorized representative, or designee shall be informed of the home- and community-based services available in this state and shall have on record that such home- and community-ba…
Mo. Rev. Stat. § 198.018
Applications for license, how made — fees — affidavit — documents required to be filed — nursing facility quality of care fund created — facilities may not be licensed by political subdivisions, but they may inspect
1. Applications for a license shall be made to the department by the operator upon such forms and including such information and documents as the department may reasonably require by rule or regulation for the purposes of administering sections 198.003 to 198.186, section 198.200, and sections 208.030 and 208.159. 2. T…
Mo. Rev. Stat. § 198.022
Licensure applications, department duties — department may copy records at its expense — removal of records prohibited — inspection, when — court order to inspect — out-of-state applicants, compliance history may be requested — written reports accepted, when
1. Upon receipt of an application for a license to operate a facility, the department shall review the application, investigate the applicant and the statements sworn to in the application for license and conduct any necessary inspections. A license shall be issued if the following requirements are met: (1) The stateme…
Mo. Rev. Stat. § 198.026
Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license
1. Whenever a duly authorized representative of the department finds upon an inspection of a facility that it is not in compliance with the provisions of sections 198.003 to 198.096 and the standards established thereunder, the operator or administrator shall be informed of the deficiencies in an exit interview conduct…
Mo. Rev. Stat. § 198.027
On-site revisit not required, when
If a facility submits satisfactory documentation that establishes correction of any deficiency contained within the written report of deficiency required by section 198.026, an on-site revisit of such deficiency may not be required.
Mo. Rev. Stat. § 198.029
Noncompliance — notice to operator and public, when — notice of noncompliance posted
The provisions of section 198.026 notwithstanding, whenever a duly authorized representative of the department finds upon inspection of a licensed facility, and the director of the department finds upon review, that the facility or the operator is not in substantial compliance with a standard or standards the violation…
Mo. Rev. Stat. § 198.030
Posting of inspection reports at the facility
Every residential care facility, assisted living facility, intermediate care facility, and skilled nursing facility shall post the most recent inspection report of the facility in a conspicuous place. If the operator determines that the inspection report of the facility contains individually identifiable health informa…
Mo. Rev. Stat. § 198.032
Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect, procedure — hotline caller log to be maintained
1. Nothing contained in sections 198.003 to 198.186 shall permit the public disclosure by the department of confidential medical, social, personal or financial records of any resident in any facility, except when disclosed in a manner which does not identify any resident, or when ordered to do so by a court of competen…
Mo. Rev. Stat. § 198.036
Revocation of license — grounds — notice required
1. The department may revoke a license in any case in which it finds that: (1) The operator failed or refused to comply with class I or II standards, as established by the department pursuant to section 198.085; or failed or refused to comply with class III standards as established by the department pursuant to section…
Mo. Rev. Stat. § 198.039
License refused or revoked — review by administrative hearing commission — judicial review
1. Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, et seq., except that the petition must be filed with the administrative hearin…
Mo. Rev. Stat. § 198.042
Medical supervision for residents relying on spiritual healing not required
Nothing in sections 198.003 to 198.096, or the rules and regulations adopted pursuant thereto, shall be construed as authorizing the medical supervision, regulation or control of the remedial care or treatment of those residents who rely solely upon treatment by prayer or spiritual means in accordance with creed or ten…
Mo. Rev. Stat. § 198.045
Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection
Participation in reimbursement programs under either Medicare or Medicaid, Title XVIII and Title XIX of the Social Security Act, (Title 42, United States Code, Sec. 1395x or 1396d), or other federal laws, shall be at the option of the individual facility. A skilled nursing facility or an intermediate care facility whic…
Mo. Rev. Stat. § 198.048
Different classifications of facility may exist on same premises, when
A skilled nursing, intermediate care, assisted living facility, or residential care facility may exist on the same premises under the following circumstances: (1) The skilled nursing, intermediate care, assisted living facility or residential care facility is an identifiable unit thereof, such as an entire ward or cont…
Mo. Rev. Stat. § 198.052
Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when
1. The state auditor, at the request of the department or on his own initiative, may examine and audit any records relating to the operation of any facility. 2. The director of the department may examine and audit, or cause to be examined and audited, any records relating to the operation of any facility. 3. Each facil…
Mo. Rev. Stat. § 198.053
Assisted living facilities, notification of posting of latest Vaccine Informational Sheet
No later than October first of each year, in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each assisted living facility, as such term is defined in section 198.006, shall notify residents and staff where in the facility…
Mo. Rev. Stat. § 198.054
Influenza vaccination for employees, facilities to assist in obtaining
Each year between October first and March first, all long-term care facilities licensed under this chapter shall assist their health care workers, volunteers, and other employees who have direct contact with residents in obtaining the vaccination for the influenza virus by either offering the vaccination in the facilit…
Mo. Rev. Stat. § 198.055
Inspection by department valid for certain mental health patients, when
A facility may provide accommodations, board, health care or treatment, or personal services for residents placed through the department of mental health. Inspections made pursuant to provisions of sections 198.003 to 198.096 shall also serve as the inspections required under the provisions of chapter 630 except for in…
Mo. Rev. Stat. § 198.058
Certain facilities exempt from construction standards, when
Any facility licensed under chapter 197 or chapter 198, which is in operation before September 28, 1979, or whose application is on file, or whose construction plans have been approved by the department before September 28, 1979, shall be exempt from construction standards developed by the department subsequent to the…
Mo. Rev. Stat. § 198.061
Penalty for providing services without license — penalty for interfering with enforcement of law
1. No person shall, jointly or severally, offer, advertise or hold out to the public, services subject to section 198.015 without a currently valid appropriate license issued by the department to render the particular services. 2. No person, jointly or severally, shall interfere with or prevent any duly authorized repr…
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