Missouri Revised Statutes
Chapter 197 - Medical Treatment Facility Licenses
Section 197.335 - Appeals, venue.

Effective - 01 Jul 1999
197.335. Appeals, venue. — Within thirty days of the decision of the committee, the applicant may file an appeal to be heard de novo by the administrative hearing commissioner, the circuit court of Cole County or the circuit court in the county within which such health care service or facility is proposed to be developed.
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(L. 1979 H.B. 222 § 8, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)
Effective 7-1-99
(1984) While a competing facility may be an "affected person" under sections 197.300 to 197.365, it has no right to appeal a decision of the Health Facilities Review Committee. St. Joseph's Hill Infirmary, Inc. v. Mandl (Mo. App.) 682 S.W.2d 821.
(1987) Competitor of applicant for certificate of need to construct nursing home lacked standing to appeal administrative decision to grant certificate since this section expressly limits participants in an appeal to applicant and the health service agency within the affected area. Comm. Care Ctrs. v. Health Fac. Rev. Com., 735 S.W.2d 13 (Mo. App.).

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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.