Missouri Revised Statutes
Chapter 197 - Medical Treatment Facility Licenses
Section 197.071 - Review by administrative hearing commission.

Effective - 01 Jul 2018, 2 histories
197.071. Review by administrative hearing commission. — Any person aggrieved by an official action of the department of health and senior services affecting the licensed status of a person under the provisions of sections 197.005 to 197.120, including the refusal to grant, the grant, the revocation, the suspension, or the failure to renew a license, may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, and it shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department of health and senior services.
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(L. 1978 S.B. 661, A.L. 2017 S.B. 50 merged with S.B. 501)
Effective 7-01-18

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 197 - Medical Treatment Facility Licenses

Section 197.005 - Medicare conditions of participation compliance, deemed compliance with hospital licensure standards.

Section 197.010 - Citation of law.

Section 197.020 - Definitions.

Section 197.030 - Purposes of law.

Section 197.032 - Hospitals and medical personnel may refuse abortions — no denial of public benefits for such refusal — civil action, when.

Section 197.040 - License for hospital required.

Section 197.050 - Application for license, contents — fee.

Section 197.052 - Adjacent property, hospital may revise premises of campus for licensure purposes.

Section 197.060 - License to issue, when — annual renewal — not transferable.

Section 197.065 - Life safety code standards — waiver, when — rulemaking authority.

Section 197.070 - Denial, suspension or revocation of license.

Section 197.071 - Review by administrative hearing commission.

Section 197.080 - Rules, procedure — regulations and standards — review and revision of regulations — rulemaking authority.

Section 197.090 - Existing hospitals to be allowed time to meet standards.

Section 197.100 - Inspections by department of health and senior services required, reports from certain other agencies accepted, when — department to determine life, safety, and building codes.

Section 197.105 - Investigation of complaints, department to post on website, content.

Section 197.108 - Former employees not to inspect or survey hospital — required disclosures — conflict of interest reporting.

Section 197.120 - Operating hospital without license a misdemeanor — proceedings to restrain.

Section 197.135 - Forensic examinations, victims of sexual offense, requirements — waiver of requirements, when — reimbursement of costs — access to statewide telehealth network required.

Section 197.150 - Procedures for compliance, requirements.

Section 197.152 - Protection for reporting infection control concerns, reporting required — authority of infection control officers, review of orders — good faith reporting of infection control concerns protected.

Section 197.154 - Regulation review and update required, standards.

Section 197.156 - Definition of nosocomial infection outbreaks.

Section 197.158 - Complaint procedure to be provided to patients.

Section 197.160 - Infection data to be available to department of health and senior services, violation, effect, state payments suspended, when.

Section 197.162 - Infection control practices to be considered in licensure process, annual report required.

Section 197.165 - Infection control advisory panel appointed — members — expenses, fund created.

Section 197.168 - Influenza vaccination offered to certain inpatients prior to discharge.

Section 197.200 - Definitions.

Section 197.205 - License required to operate.

Section 197.210 - Application, form of — fee, exception.

Section 197.215 - License to issue, when — transfer or assignment of license, when — display required.

Section 197.220 - Denial, suspension or revocation of license.

Section 197.221 - Review of license denial or revocation by administrative hearing commission.

Section 197.225 - Department of health and senior services may promulgate regulations — abortion facilities to maintain written protocols for medical emergencies and transfer of patients.

Section 197.230 - Department may inspect and investigate — delegation of such authority authorized, when — abortion facilities, unannounced on-site inspections — public reports.

Section 197.235 - Failure to have license a misdemeanor — attorney general to represent department, institute actions — advertising, cannot imply state operation, fine.

Section 197.240 - Accident and health insurers to cover care in an ambulatory surgical center or abortion facility, exceptions.

Section 197.250 - Definitions.

Section 197.252 - Certificate required — standards.

Section 197.254 - Application for certificate — fee, how determined — temporary permit — survey and approval — posting of certificate — branch offices.

Section 197.256 - Renewal, when required, form, fee — survey, approval, renewal of certificate — certificate not renewed is void — statistical reports required.

Section 197.258 - Department authorized to make surveys, when required — visiting of homes — survey of other governmental agency, requirements — reciprocal agreements with bordering states — maintenance of branch office in Missouri required, when.

Section 197.260 - Report of compliance, service — disclosure of reports, confidentiality of information.

Section 197.262 - Denial of application, grounds — review.

Section 197.264 - Client's bill of rights, contents — discharge planning, contents.

Section 197.266 - Abuse and neglect, penalty.

Section 197.268 - Complaints, grounds, review.

Section 197.270 - Promulgation of rules, procedure.

Section 197.272 - State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties.

Section 197.274 - Action to enjoin violations, where filed.

Section 197.276 - Violations, penalty.

Section 197.278 - Department responsibility for inspection and certification.

Section 197.280 - Order authorizing entry for survey, grounds for.

Section 197.285 - Protections for hospital, ambulatory surgical center, and abortion facility employees for certain disclosures — written policy required — procedures for disclosure — anonymous reports.

Section 197.287 - Training programs related to quality of patient care and safety required — standards developed by department of health and senior services.

Section 197.289 - Adequate nurse staffing, methodology required, minimum requirements.

Section 197.293 - Licensure regulations, standards used by the department of health and senior services for enforcement.

Section 197.294 - Use of certain information to establish standard of care prohibited in private civil actions.

Section 197.295 - Licensure enforcement, appeals, procedure.

Section 197.297 - Rulemaking authority, department of health and senior services.

Section 197.300 - Citation of law.

Section 197.305 - Definitions.

Section 197.310 - Review committee, members, terms, compensation, duties.

Section 197.311 - Political contributions to committee members by applicants prohibited.

Section 197.312 - Certificate of need not required for St. Louis residential care facilities and assisted living facilities — certain other facilities, certificate not required.

Section 197.315 - Certificate of need granted, when — forfeiture, grounds — application for certificate, fee — certificate not required, when.

Section 197.316 - Certificate of need not required for nursing homes treating only AIDS patients — violations, penalty.

Section 197.318 - Licensed and available, defined — review of letters of intent — application of law in pending court cases — expansion procedures.

Section 197.320 - Rules and regulations.

Section 197.325 - Submission of applications.

Section 197.326 - Lobbyist and interest registration required, when, contents, penalty — general assembly member prohibited from accepting contributions, when — certain persons may not offer gifts, when, penalty.

Section 197.327 - Certificate issued for additional beds for Medicaid patients, use for nonMedicaid patients, penalty — procedure to collect.

Section 197.330 - Duties of review committee.

Section 197.335 - Appeals, venue.

Section 197.340 - Notices to committee.

Section 197.345 - Actions taken prior to October 1, 1980, not affected.

Section 197.355 - Certificate required before funds may be appropriated.

Section 197.357 - Reimbursement for project cost-overrun in excess of ten percent, eligible when — requirements.

Section 197.366 - Health care facilities defined.

Section 197.367 - Licensed bed limitation imposed, when.

Section 197.400 - Definitions.

Section 197.405 - Home health agencies, license required.

Section 197.410 - Application for license, fee.

Section 197.415 - License issued or renewed, requirements.

Section 197.416 - Out-of-state applicants for licensure, compliance history may be requested.

Section 197.420 - License not transferable or assignable on sale or transfer of ownership — new application, requirement — temporary license, when.

Section 197.425 - Survey inspections by department, when.

Section 197.430 - Report on survey, list of deficiencies, content — plan of correction filed with department — resurvey and administrative review procedure.

Section 197.435 - Complaint procedure.

Section 197.440 - Refusal to issue, suspension or revocation of license, grounds — right to administrative review.

Section 197.445 - Rules and regulations, procedure.

Section 197.450 - Home health services advisory council — members — terms, qualifications — appointment — vacancies — expenses.

Section 197.455 - Injunctions, venue.

Section 197.460 - Exempt persons and religious organizations.

Section 197.465 - Funds to be deposited in general revenue.

Section 197.470 - Reports or investigations open to public, exception — requests for material, procedure, fee.

Section 197.475 - Violations, penalty.

Section 197.477 - Reports of inspections by department of health and senior services may be available to public, when — certain information to remain confidential.

Section 197.478 - Home health agency information to be provided on department internet website.

Section 197.480 - In-home health care providers, transfer of assets or bequests, rebuttable presumption of undue influence, when.

Section 197.500 - Employee disqualification list to be maintained.

Section 197.700 - Medical staff membership to be considered on individual basis, discrimination prohibited.

Section 197.705 - Health care facilities personnel required to wear identification badges, when.