Effective - 28 Aug 2022, 2 histories
198.026. Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license. — 1. Whenever a duly authorized representative of the department finds upon an inspection of a facility that it is not in compliance with the provisions of sections 198.003 to 198.096 and the standards established thereunder, the operator or administrator shall be informed of the deficiencies in an exit interview conducted with the operator or administrator, or his or her designee. The department shall inform the operator or administrator, in writing, of any violation of a class I standard at the time the determination is made. A written report shall be prepared of any deficiency for which there has not been prompt remedial action, and a copy of such report and a written correction order shall be sent to the operator or administrator by a delivery service that provides a dated receipt of delivery within ten working days after the inspection, stating separately each deficiency and the specific statute or regulation violated.
2. The operator or administrator shall have five working days following receipt of a written report and correction order regarding a violation of a class I standard and ten working days following receipt of the report and correction order regarding violations of class II or class III standards to request any conference and to submit a plan of correction for the department's approval which contains specific dates for achieving compliance. Within five working days after receiving a plan of correction regarding a violation of a class I standard and within ten working days after receiving a plan of correction regarding a violation of a class II or III standard, the department shall give its written approval or rejection of the plan. If there was a violation of any class I standard, immediate corrective action shall be taken by the operator or administrator and a written plan of correction shall be submitted to the department. The department shall give its written approval or rejection of the plan and if the plan is acceptable, a reinspection shall be conducted within twenty calendar days of the exit interview to determine if deficiencies have been corrected. If there was a violation of any class II standard and the plan of correction is acceptable, an unannounced reinspection shall be conducted between forty and ninety calendar days from the date of the exit conference to determine the status of all previously cited deficiencies. If there was a violation of class III standards sufficient to establish that the facility was not in substantial compliance, an unannounced reinspection shall be conducted within one hundred twenty days of the exit interview to determine the status of previously identified deficiencies.
3. If, following the reinspection, the facility is found not in substantial compliance with sections 198.003 to 198.096 and the standards established thereunder or the operator is not correcting the noncompliance in accordance with the approved plan of correction, the department shall issue a notice of noncompliance, which shall be sent by a delivery service that provides a dated receipt of delivery to the operator or administrator of the facility, according to the most recent information or documents on file with the department.
4. The notice of noncompliance shall inform the operator or administrator that the department may seek the imposition of any of the sanctions and remedies provided for in section 198.067, or any other action authorized by law.
5. At any time after an inspection is conducted, the operator may choose to enter into a consent agreement with the department to obtain a probationary license. The consent agreement shall include a provision that the operator will voluntarily surrender the license if substantial compliance is not reached in accordance with the terms and deadlines established under the agreement. The agreement shall specify the stages, actions and time span to achieve substantial compliance.
6. Whenever a notice of noncompliance has been issued, the operator shall post a copy of the notice of noncompliance and a copy of the most recent inspection report in a conspicuous location in the facility, and the department shall send a copy of the notice of noncompliance to the department of social services, the department of mental health, and any other concerned federal, state or local governmental agencies.
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(L. 1979 S.B. 328, et al. § 9, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 2014 H.B. 1299 Revision, A.L. 2022 H.B. 2331 merged with S.B. 710)
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.