Effective - 28 Aug 2014
192.2210. Deficiencies, operator informed in exit interview, requirements — plan of correction — categories of standards established — inspection reports made available — notices required. — 1. Whenever a duly authorized representative of the department finds upon an inspection of an adult day care program that it is not in compliance with the provisions of sections 192.2200 to 192.2260 and the standards established thereunder, the operator shall be informed of the deficiencies in an exit interview conducted with the operator or his designee. The department shall inform the operator or designee, in writing, of any violation of a class I standard at the time the determination is made. If there was a violation of any class I standard, immediate corrective action shall be taken by the operator or designee and a written plan of correction shall be submitted to the department. A written report shall be prepared of any deficiency and a copy of such report and a written correction order shall be sent to the operator or designee by certified mail or other delivery service that provides a dated receipt of delivery at the adult day care program address within ten working days after the inspection, stating separately each deficiency and the specific statute or regulation violated.
2. The operator or designee shall have five working days following receipt of a written report and correction order regarding a violation of a class I standard and ten working days following receipt of the report and correction order regarding violations of class II or class III standards to submit a plan of correction for the department's approval which contains specific dates for achieving compliance. Within five working days after receiving a plan of correction regarding a violation of a class I standard and within ten working days after receiving a plan of correction regarding a violation of a class II or III standard, the department shall give its written approval or rejection of the plan.
3. If there was a violation of a class I standard, an unannounced reinspection shall be conducted within twenty calendar days of the exit interview to determine if deficiencies have been corrected. If there was a violation of any class II standard and the plan of correction is acceptable, an unannounced reinspection shall be conducted between forty and ninety calendar days from the date of the exit conference to determine the status of all previously cited deficiencies. If there was a violation of class III standards sufficient to establish that the adult day care program was not in substantial compliance, an unannounced reinspection shall be conducted within one hundred twenty days of the exit interview to determine the status of previously identified deficiencies.
4. In establishing standards for each type of adult day care program, the department shall classify the standards into three categories as follows:
(1) Class I standards are standards the violation of which would present either an imminent danger to the health, safety or welfare of any participant or a substantial probability that death or serious physical harm would result;
(2) Class II standards are standards which have a direct or immediate relationship to the health, safety or welfare of any participant, but which do not create imminent danger;
(3) Class III standards are standards which have an indirect or a potential impact on the health, safety or welfare of any participant.
5. Every adult day care program shall make available the most recent inspection report of the adult day care program. If the operator determines that the inspection report of the adult day care program contains individually identifiable health information, the operator may redact such information prior to making the inspection report available.
6. If an adult day care program submits satisfactory documentation that establishes correction of any deficiency contained within the written report of deficiency required by this section*, an on-site revisit of such deficiency may not be required.
7. If, following the reinspection, the adult day care program is found not in substantial compliance with sections 192.2200 to 192.2260 and the standards established thereunder or the operator is not correcting the noncompliance in accordance with the plan of correction, the department shall issue a notice of noncompliance, which shall be sent by certified mail or other delivery service that provides a dated receipt of delivery to the operator of the adult day care program, according to the most recent information or documents on file with the department.
8. The notice of noncompliance shall inform the operator or administrator that the department may seek the imposition of any other action authorized by law.
9. At any time after an inspection is conducted, the operator may choose to enter into a consent agreement with the department to obtain a probationary license. The consent agreement shall include a provision that the operator will voluntarily surrender the license if substantial compliance is not reached in accordance with the terms and deadlines established under the agreement. The agreement shall specify the stages, actions and time span to achieve substantial compliance.
10. Whenever a notice of noncompliance has been issued, the operator shall post a copy of the notice of noncompliance and a copy of the most recent inspection report in a conspicuous location in the adult day care program, and the department shall send a copy of the notice of noncompliance to concerned federal, state or local governmental agencies.
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(L. 2014 S.B. 567 § 660.404)
*Section "600.404", which does not exist, appears in original rolls.
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 192 - Department of Health and Senior Services
Section 192.002 - Department of health and senior services established.
Section 192.006 - Health and senior services, department of, rulemaking authority, procedure.
Section 192.007 - Director, appointment — compensation — qualifications.
Section 192.014 - State board of health and senior services to advise department.
Section 192.015 - Fees for laboratory tests authorized — deposit in general revenue.
Section 192.016 - Putative father registry — fund created.
Section 192.025 - To accept and disburse federal funds for health purposes.
Section 192.031 - Hepatitis C programs established by department of health and senior services.
Section 192.033 - Strategies for raising public awareness on hepatitis C.
Section 192.040 - Department to issue reports — subjects.
Section 192.050 - Department to maintain certain bureaus — establishment of others.
Section 192.060 - Department to keep vital statistics.
Section 192.072 - Bureau of immunization to develop educational materials — contents, distribution.
Section 192.080 - Bureau of food and drug inspection.
Section 192.083 - Office of minority health, established — purpose, duties.
Section 192.090 - Inspection of hotels, inns and boardinghouses.
Section 192.100 - Inspection of beverages.
Section 192.110 - Department's duty as to diseases of animals.
Section 192.139 - Communicable disease reporting, guidelines for department.
Section 192.140 - Public health nurse provided — public and private places disinfected.
Section 192.150 - Interference a misdemeanor — duty of mayor and county commission.
Section 192.160 - Taxpayers may petition for the appointment of a nurse.
Section 192.170 - Money appropriated from current revenue.
Section 192.250 - Department to receive grants.
Section 192.260 - County health officer appointed by county commission.
Section 192.280 - Duties of county health officer — neglect, penalty — removal.
Section 192.290 - State regulations supersede local rules — additional local rules.
Section 192.310 - Cities of 75,000 or over excepted from sections 192.260 to 192.320.
Section 192.320 - Violation of law or quarantine — penalty.
Section 192.324 - Administrative and cost allocation fund created, use of moneys.
Section 192.326 - Disaster fund created, use of moneys during a state of emergency.
Section 192.390 - Cost of certain formulas to be provided — rulemaking authority.
Section 192.400 - Definitions.
Section 192.410 - Powers and duties of department.
Section 192.420 - Department to make rules — procedure.
Section 192.430 - Radiation sources to be kept safe.
Section 192.460 - Emergency orders — compliance required — hearing.
Section 192.470 - Judicial review.
Section 192.480 - Law not to limit medical use of radiation.
Section 192.490 - Violation of law or regulation, misdemeanor — injunctive relief.
Section 192.507 - Radiological laboratory to be established, purpose.
Section 192.650 - Cancer information reporting system established — purpose — rulemaking authority.
Section 192.653 - Reports required from certain health care providers, content — exemptions.
Section 192.665 - Definitions.
Section 192.700 - Arthritis program established — purpose.
Section 192.703 - Definitions.
Section 192.705 - Program coordinators, appointment, duties — compensation.
Section 192.712 - Expenses of board and committee members to be paid, subject to appropriations.
Section 192.714 - Regional arthritis centers to be established — purpose — regions designated.
Section 192.716 - Centers to establish programs for education and improved patient care.
Section 192.720 - Support for rheumatology trainees — amount — approval of candidates.
Section 192.723 - Research feasibility studies to be carried out by regional centers.
Section 192.725 - Arthritis information network to be established — staff.
Section 192.735 - Definitions.
Section 192.737 - Data analysis and needs assessment.
Section 192.739 - Confidentiality of reports — release of reports, requirements.
Section 192.740 - No liability for furnishing required information, exception.
Section 192.742 - Promulgation of rules, authority for, consultation with council.
Section 192.760 - Definitions.
Section 192.769 - Notice to patients upon completion of a mammogram — effective date.
Section 192.900 - Missouri public health services fund, established, purposes.
Section 192.947 - Hemp extract, use of, immunity from liability, when.
Section 192.965 - Office on women's health created, duties.
Section 192.968 - Committee to advise the office on women's health created, duties.
Section 192.2005 - Definitions.
Section 192.2010 - Shared care program established, goals — department duties.
Section 192.2100 - Alzheimer's disease and related disorders respite care program — definitions.
Section 192.2105 - Respite care program for Alzheimer's purposes.
Section 192.2110 - Rules and regulations for respite care program, procedure.
Section 192.2150 - Department to use services of certain organizations, when.
Section 192.2200 - Definitions.
Section 192.2215 - Revocation of license, when — notification of operator.
Section 192.2220 - Exceptions to licensure requirements for adult day care centers.
Section 192.2230 - Fee for license or renewal, limitation.
Section 192.2235 - Adult daycare program manual — regional training sessions.
Section 192.2245 - License denied — suspended — revoked — hearing procedure — appeals.
Section 192.2250 - Rulemaking authority.
Section 192.2255 - Rules, authority, procedure.
Section 192.2260 - Violations, penalties.
Section 192.2275 - Cost-based uniform rate for services, budget line item.
Section 192.2300 - Definitions.
Section 192.2400 - Definitions.
Section 192.2405 - Mandatory reporters--penalty for failure to report.
Section 192.2410 - Reports, contents — department to maintain telephone for reporting.
Section 192.2415 - Investigations of reports of eligible adults, department procedures.
Section 192.2425 - Investigation of elder abuse — report.
Section 192.2430 - Duty to report, immunity.
Section 192.2440 - Assistance to be given.
Section 192.2445 - Procedure when abuse, neglect, or physical harm may be involved — remedies.
Section 192.2450 - Interference with delivery of services, effect — remedy.
Section 192.2455 - Recipient unable to give consent, procedure, remedy.
Section 192.2460 - Director may proceed under other law, when — legal counsel may be retained, when.
Section 192.2470 - Discontinuance of services, when — exception.
Section 192.2505 - Confidentiality of records, records disclosed, when.