Effective - 01 Jan 2017, 2 histories
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 this subsection wherein abuse or neglect of a resident of the facility has occurred is guilty of a class E felony. The department of health and senior services shall investigate any complaint concerning operating unlicensed facilities. For complaints alleging abuse or neglect, the department shall initiate an investigation within twenty-four hours. All other complaints regarding unlicensed facilities shall be investigated within forty-five days.
2. If the department determines the unlicensed facility is in violation of sections 198.006 to 198.186, the department shall immediately notify the local prosecuting attorney or attorney general's office.
3. Each license shall be issued only for the premises and persons named in the application. A license, unless sooner revoked, shall be issued for a period of up to two years, in order to coordinate licensure with certification in accordance with section 198.045.
4. If during the period in which a license is in effect, a licensed operator which is a partnership, limited partnership, or corporation undergoes any of the following changes, or a new corporation, partnership, limited partnership or other entity assumes operation of a facility whether by one or by more than one action, the current operator shall notify the department of the intent to change operators and the succeeding operator shall within ten working days of such change apply for a new license:
(1) With respect to a partnership, a change in the majority interest of general partners;
(2) With respect to a limited partnership, a change in the general partner or in the majority interest of limited partners;
(3) With respect to a corporation, a change in the persons who own, hold or have the power to vote the majority of any class of securities issued by the corporation.
5. Licenses shall be posted in a conspicuous place on the licensed premises.
6. Any license granted shall state the maximum resident capacity for which granted, the person or persons to whom granted, the date, the expiration date, and such additional information and special limitations as the department by rule may require.
7. The department shall notify the operator at least sixty days prior to the expiration of an existing license of the date that the license application is due. Application for a license shall be made to the department at least thirty days prior to the expiration of any existing license.
8. The department shall grant an operator a temporary operating permit in order to allow for state review of the application and inspection for the purposes of relicensure if the application review and inspection process has not been completed prior to the expiration of a license and the operator is not at fault for the failure to complete the application review and inspection process.
9. The department shall grant an operator a temporary operating permit of sufficient duration to allow the department to evaluate any application for a license submitted as a result of any change of operator.
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(L. 1979 S.B. 328, et al. § 6, A.L. 1984 S.B. 451, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 1999 S.B. 326, A.L. 2003 S.B. 556 & 311, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCES:
License for administrator of assisted living facilities required, limitations, 344.020
Skilled nursing care facilities, a license for assisted living facilities insufficient, 344.020
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 198 - Nursing Homes and Facilities
Section 198.003 - Citation of law.
Section 198.006 - Definitions.
Section 198.027 - On-site revisit not required, when.
Section 198.030 - Posting of inspection reports at the facility.
Section 198.036 - Revocation of license — grounds — notice required.
Section 198.042 - Medical supervision for residents relying on spiritual healing not required.
Section 198.048 - Different classifications of facility may exist on same premises, when.
Section 198.054 - Influenza vaccination for employees, facilities to assist in obtaining.
Section 198.055 - Inspection by department valid for certain mental health patients, when.
Section 198.058 - Certain facilities exempt from construction standards, when.
Section 198.064 - Duplicate payments — how determined — procedures for repayment.
Section 198.066 - Sanctions for violations authorized.
Section 198.071 - Death of a resident, persons to contact prior to transfer of deceased.
Section 198.074 - Sprinkler system requirements — fire alarm system requirements.
Section 198.075 - Fire safety standards loan fund created, use of moneys.
Section 198.077 - Department to maintain facility compliance records.
Section 198.080 - Assessment procedures developed — rulemaking authority.
Section 198.085 - Categories of standards for each type of licensed facility.
Section 198.087 - Uniformity of application of regulation standards, department's duties.
Section 198.093 - Violations of resident's rights — complaints — legal action — damages.
Section 198.097 - Misappropriation of funds of elderly or disabled nursing home residents, penalty.
Section 198.099 - Petition for appointment of receiver — when.
Section 198.103 - Department may appoint monitor.
Section 198.108 - Ex parte appointment of receiver in emergency, when — notice — hearing.
Section 198.112 - Powers of receiver.
Section 198.115 - Executory contracts, receiver not required to honor — when — hearing.
Section 198.118 - Compensation of receiver.
Section 198.121 - Bond of receiver.
Section 198.124 - License may be issued to facility operated by receiver — duration.
Section 198.128 - Termination of receivership, when.
Section 198.139 - Medicaid moneys not to be used for other purposes.
Section 198.145 - Kickbacks, bribes and rebates prohibited, when.
Section 198.148 - Offering or making kickbacks, bribes or rebates prohibited, when.
Section 198.151 - Usual trade discounts and employment benefits not kickbacks, bribes or rebates.
Section 198.155 - False statements by health care provider prohibited, when.
Section 198.158 - Penalties for violation of sections 198.139 to 198.155.
Section 198.165 - Medicaid payments stopped by division, when — hearing.
Section 198.171 - Civil restitution of Medicaid funds, when.
Section 198.177 - Compelling of testimony — grant of immunity, when.
Section 198.180 - Audit and inspection of records, when — warrant.
Section 198.186 - Local crime investigation powers not diminished.
Section 198.187 - Criminal background checks for residents permitted.
Section 198.200 - District created, how — territory included — name — nursing home defined.
Section 198.210 - Petition of voters for district, where filed, contents.
Section 198.220 - Notice of hearing on petition — costs of notice.
Section 198.230 - Procedure where several petitions filed — amendment.
Section 198.240 - If petition sufficient county commission to order election.
Section 198.250 - Notice of election, contents.
Section 198.260 - Form of ballot.
Section 198.263 - Increase in tax levy, procedure — ballot of submission, form.
Section 198.270 - Results of election to be filed.
Section 198.300 - Powers of nursing home district.
Section 198.305 - Unsuitable site, may be changed, when.
Section 198.310 - Indebtedness for nursing home — election — ballot — limits — tax to pay.
Section 198.312 - Revenue bonds authorized, when.
Section 198.314 - Revenue bonds not an indebtedness of the issuing authority.
Section 198.316 - Revenue bonds, form of, interest rate — to be negotiable instruments.
Section 198.320 - Annexation of territory to district — election.
Section 198.330 - Records of district — officers and employees to give bond.
Section 198.340 - Board as trustee may accept and hold property donated — duties.
Section 198.350 - Citation of law.
Section 198.360 - Dissolution of district.
Section 198.401 - Nursing facility reimbursement allowance, definitions.
Section 198.403 - Formula set forth in rules.
Section 198.406 - Records required, transmittal to department — elements of report, determinations.
Section 198.409 - Determination of amount due — notification, payments — offset allowed.
Section 198.412 - Finality of determination, protest — hearing, reconsideration, appeal.
Section 198.416 - Forms and content set forth in rule.
Section 198.424 - No effect upon tax-exempt status.
Section 198.427 - Medicaid provider agreements, payments, rate, computation.
Section 198.428 - Medicaid eligibility presumed pending approval or denial of application, when.
Section 198.431 - Contingent application of requirements — disbursement of fund, when.
Section 198.433 - Imposition of allowance, when.
Section 198.436 - Rules, regulations, promulgation, procedure.
Section 198.439 - Expiration date.
Section 198.500 - Citation of law.
Section 198.505 - Definitions.
Section 198.528 - Long-term care facility information to be provided on department internet website.
Section 198.532 - Investigation of complaints — results provided, when.
Section 198.533 - Conflict of interest, state investigators.
Section 198.534 - Rulemaking authority.
Section 198.610 - Citation of law — definitions.
Section 198.616 - Acknowledgment form, contents.
Section 198.622 - Facility to permit monitoring, requirements.
Section 198.624 - Abuse or neglect of resident, use of footage, reporting requirements.
Section 198.626 - Admissibility of footage in court or administrative proceeding, when.
Section 198.628 - Notice of electronic monitoring to be posted.
Section 198.630 - Sanctions, when — administrative penalty, when.
Section 198.640 - Definitions.
Section 198.642 - Supplemental health care services agency, registration required — procedure.