Effective - 28 Aug 2014, 2 histories
198.018. Applications for license, how made — fees — affidavit — documents required to be filed — nursing facility quality of care fund created — facilities may not be licensed by political subdivisions, but they may inspect. — 1. Applications for a license shall be made to the department by the operator upon such forms and including such information and documents as the department may reasonably require by rule or regulation for the purposes of administering sections 198.003 to 198.186, section 198.200, and sections 208.030 and 208.159.
2. The applicant shall submit all documents required by the department under this section attesting by signature that the statements contained in the application are true and correct to the best of the applicant's knowledge and belief, and that all required documents are either included with the application or are currently on file with the department.
3. The application shall be accompanied by a license fee in an amount established by the department. The fee established by the department shall not exceed six hundred dollars, and shall be a graduated fee based on the licensed capacity of the applicant and the duration of the license. A fee of not more than fifty dollars shall be charged for any amendments to a license initiated by an applicant. In addition, facilities certified to participate in the Medicaid or Medicare programs shall pay a certification fee of up to one thousand dollars annually, payable on or before October first of each year. The amount remitted for the license fee, fee for amendments to a license, or certification fee shall be deposited in the state treasury to the credit of the "Nursing Facility Quality of Care Fund", which is hereby created. All investment earnings of the nursing facility quality of care fund shall be credited to such fund. All moneys in the nursing facility quality of care fund shall, upon appropriation, be used by the department of health and senior services for conducting inspections and surveys, and providing training and technical assistance to facilities licensed under the provisions of this chapter. The unexpended balance in the nursing facility quality of care fund at the end of the biennium is exempt from the provisions of sections 33.080. The unexpended balance in the nursing facility quality of care fund shall not revert to the general revenue fund, but shall accumulate in the nursing facility quality of care fund from year to year.
4. Within ten working days of the effective date of any document that replaces, succeeds, or amends any of the documents required by the department to be filed pursuant to this section, an operator shall file with the department a copy of such document. The operator shall attest by signature that the document is true and correct. If the operator knowingly fails to file a required document or provide any information amending any document within the time provided for in this section, a circuit court may, upon application of the department or the attorney general, assess a penalty of up to fifty dollars per document for each day past the required date of filing.
5. If an operator fails to file documents or amendments to documents as required pursuant to this section and such failure is part of a pattern or practice of concealment, such failure shall be sufficient grounds for revocation of a license or disapproval of an application for a license.
6. Any facility defined in subdivision (6), (14), (22), or (23) of section 198.006 that is licensed by the state of Missouri pursuant to the provisions of section 198.015 may not be licensed, certified or registered by any other political subdivision of the state of Missouri whether or not it has taxing power, provided, however, that nothing in this subsection shall prohibit a county or city, otherwise empowered under law, to inspect such facility for compliance with local ordinances of food service or fire safety.
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(L. 1979 S.B. 328, et al. § 7, 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. 2007 S.B. 397, A.L. 2014 H.B. 1299 Revision)
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.