Effective - 28 Aug 2019
197.108. Former employees not to inspect or survey hospital — required disclosures — conflict of interest reporting. — 1. The department of health and senior services shall not assign an individual to inspect or survey a hospital, for any purpose, if the inspector or surveyor was an employee of such hospital or another hospital within its organization or a competing hospital within fifty miles of the hospital to be inspected or surveyed in the preceding two years.
2. For any inspection or survey of a hospital, regardless of the purpose, the department shall require every newly hired inspector or surveyor at the time of hiring or any currently employed inspector or surveyor as of August 28, 2019, to disclose:
(1) The name of every hospital in which he or she has been employed in the last ten years and the approximate length of service and the job title at the hospital; and
(2) The name of any member of his or her immediate family who has been employed in the last ten years or is currently employed at a hospital and the approximate length of service and the job title at the hospital.
The disclosures under this subsection shall be made to the department whenever the event giving rise to disclosure first occurs.
3. For purposes of this section, the phrase "immediate family member" shall mean a husband, wife, natural or adoptive parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild.
4. The information provided under subsection 2 of this section shall be considered a public record under the provisions of section 610.010.
5. Any person may notify the department if facts exist that would lead a reasonable person to conclude that any inspector or surveyor has any personal or business affiliation that would result in a conflict of interest in conducting an inspection or survey for a hospital. Upon receiving such notice, the department, when assigning an inspector or surveyor to inspect or survey a hospital, for any purpose, shall take steps to verify the information and, if the department has reason to believe that such information is correct, the department shall not assign the inspector or surveyor to the hospital or any hospital within its organization so as to avoid an appearance of prejudice or favor to the hospital or bias on the part of the inspector or surveyor.
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(L. 2019 S.B. 514)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 197 - Medical Treatment Facility Licenses
Section 197.010 - Citation of law.
Section 197.020 - Definitions.
Section 197.030 - Purposes of law.
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 197.090 - Existing hospitals to be allowed time to meet standards.
Section 197.105 - Investigation of complaints, department to post on website, content.
Section 197.120 - Operating hospital without license a misdemeanor — proceedings to restrain.
Section 197.150 - Procedures for compliance, requirements.
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 197.165 - 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 197.220 - Denial, suspension or revocation of license.
Section 197.221 - Review of license denial or revocation by administrative hearing commission.
Section 197.250 - Definitions.
Section 197.252 - Certificate required — standards.
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 197.274 - 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 197.289 - Adequate nurse staffing, methodology required, minimum requirements.
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 197.320 - Rules and regulations.
Section 197.325 - Submission of applications.
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 197.366 - 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 197.425 - Survey inspections by department, when.
Section 197.435 - Complaint procedure.
Section 197.445 - Rules and regulations, procedure.
Section 197.455 - Injunctions, venue.
Section 197.460 - Exempt persons and religious organizations.
Section 197.465 - Funds to be deposited in general revenue.
Section 197.475 - Violations, penalty.
Section 197.478 - Home health agency information to be provided on department internet website.
Section 197.500 - Employee disqualification list to be maintained.
Section 197.705 - Health care facilities personnel required to wear identification badges, when.