Missouri Revised Statutes
Chapter 198 - Nursing Homes and Facilities
Section 198.039 - License refused or revoked — review by administrative hearing commission — judicial review.

Effective - 28 Aug 1979
198.039. License refused or revoked — review by administrative hearing commission — judicial review. — 1. Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, et seq., except that the petition must be filed with the administrative hearing commission within fifteen days after the mailing or delivery of notice to the operator. It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing or exhaust any other procedure within the department.
2. The administrative hearing commission may stay the revocation of such license, pending the commission's findings and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security except that the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if upon application of the department the commission finds reason to believe that continued operation of a facility pending the commission's final determination would present an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result. In any case in which the department has refused to issue a license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.
3. The administrative hearing commission shall make the final decision as to the issuance or revocation of a license. Any person aggrieved by a final decision of the administrative hearing commission, including the department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the facility is located. Review shall be had, except as modified herein, in accordance with the provisions of sections 621.189 and 621.193.
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(L. 1979 S.B. 328, et al. § 13)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 198 - Nursing Homes and Facilities

Section 198.003 - Citation of law.

Section 198.005 - Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes.

Section 198.006 - Definitions.

Section 198.009 - Department to administer — promulgation of rules, procedure — cooperation of other agencies.

Section 198.012 - Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed.

Section 198.015 - License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation.

Section 198.016 - Information on home- and community-based services to be provided prior to admission.

Section 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.

Section 198.022 - Licensure applications, department duties — department may copy records at its expense — removal of records prohibited — inspection, when — court order to inspect — out-of-state applicants, compliance history may be requested.

Section 198.026 - Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license.

Section 198.027 - On-site revisit not required, when.

Section 198.029 - Noncompliance — notice to operator and public, when — notice of noncompliance posted.

Section 198.030 - Posting of inspection reports at the facility.

Section 198.032 - Records, what confidential, what subject to disclosure — procedure — central registry to receive complaints of abuse and neglect, procedure — hotline caller log to be maintained.

Section 198.036 - Revocation of license — grounds — notice required.

Section 198.039 - License refused or revoked — review by administrative hearing commission — judicial review.

Section 198.042 - Medical supervision for residents relying on spiritual healing not required.

Section 198.045 - Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection.

Section 198.048 - Different classifications of facility may exist on same premises, when.

Section 198.052 - Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when.

Section 198.053 - Assisted living facilities, notification of posting of latest Vaccine Informational Sheet.

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 198.061 - Penalty for providing services without license — penalty for interfering with enforcement of law.

Section 198.064 - Duplicate payments — how determined — procedures for repayment.

Section 198.066 - Sanctions for violations authorized.

Section 198.067 - Noncompliance with law — injunction, when — civil penalties, how calculated, where deposited.

Section 198.069 - Resident returned to facility from a medical facility, physician orders, duty of facility.

Section 198.070 - Abuse or neglect of residents — reports, when, by whom — contents of report — failure to report, penalty — investigation, referral of complaint, removal of resident — confidentiality of report — immunity, exception — prohibition aga...

Section 198.071 - Death of a resident, persons to contact prior to transfer of deceased.

Section 198.073 - Persons eligible for care in residential care facility or assisted living facility — assisted living facility licenses granted, requirements — facility admission, requirements, disclosures — rulemaking authority.

Section 198.074 - Sprinkler system requirements — fire alarm system requirements.

Section 198.075 - Fire safety standards loan fund created, use of moneys.

Section 198.076 - Department of social services to establish standards and regulations for residential care facilities and assisted living facilities.

Section 198.077 - Department to maintain facility compliance records.

Section 198.079 - Department to establish standards and regulations for intermediate care and skilled nursing facilities.

Section 198.080 - Assessment procedures developed — rulemaking authority.

Section 198.082 - Nursing assistant training programs, requirements — training incomplete, special requirements and supervision for assistant beginning duties — competency evaluation — additional training.

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 198.088 - Facilities to establish policies and procedures, scope, content — rights of residents — complaint — procedure.

Section 198.090 - Personal possessions may be held in trust, requirements, disposal of — written statements required when, penalty — prohibitions, penalties — misappropriation, report, investigation — employee disqualification list.

Section 198.093 - Violations of resident's rights — complaints — legal action — damages.

Section 198.096 - Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow.

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 198.105 - Petition for appointment of receiver, contents — hearing — appointment of receiver.

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 198.132 - Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment.

Section 198.136 - Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved.

Section 198.139 - Medicaid moneys not to be used for other purposes.

Section 198.142 - Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments.

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 198.161 - Fraud investigation division created — director — compensation — assistance by local prosecutors.

Section 198.165 - Medicaid payments stopped by division, when — hearing.

Section 198.168 - Fraud investigation director may petition for appointment of receiver, when — court hearing.

Section 198.171 - Civil restitution of Medicaid funds, when.

Section 198.174 - Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties.

Section 198.177 - Compelling of testimony — grant of immunity, when.

Section 198.180 - Audit and inspection of records, when — warrant.

Section 198.183 - State agencies and law enforcement officers to cooperate with fraud investigation division.

Section 198.186 - Local crime investigation powers not diminished.

Section 198.187 - Criminal background checks for residents permitted.

Section 198.189 - Medicaid payment system for assisted living facilities to be implemented — options.

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 198.280 - Election districts — election of directors — terms — qualifications — declaration of candidacy — appointed if no candidate — no election required when.

Section 198.290 - Powers of board of directors — first meeting — officers — bylaws — time for meetings.

Section 198.300 - Powers of nursing home district.

Section 198.301 - Whistleblower protection for employees — availability of information on rights of persons retaliated against.

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 198.318 - Board of directors to prescribe form, make necessary covenants, restrictions — bondholders, remedies of — revenue bonds, not to be exclusive method of financing.

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 198.345 - Apartments for seniors, districts may establish (counties of third and fourth classification).

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 198.418 - Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions.

Section 198.421 - Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license.

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 198.510 - Disclosure required, by whom — licensing department, duties — department of health and senior services, duties.

Section 198.515 - Alzheimer's facilities, informational documents required — department, duties — licensing department, verification.

Section 198.525 - Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when.

Section 198.526 - Annual inspections — reevaluation of inspection process — disclosure of inspection schedule limited, penalty for violation.

Section 198.527 - Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards.

Section 198.528 - Long-term care facility information to be provided on department internet website.

Section 198.530 - Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included.

Section 198.532 - Investigation of complaints — results provided, when.

Section 198.533 - Conflict of interest, state investigators.

Section 198.534 - Rulemaking authority.

Section 198.545 - Definitions — contracting with third parties — department to establish IDR process, procedures — rulemaking authority.

Section 198.610 - Citation of law — definitions.

Section 198.612 - Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority.

Section 198.614 - Unauthorized placement of electronic monitoring device — immunity from liability, when.

Section 198.616 - Acknowledgment form, contents.

Section 198.618 - Resident sole authority to request monitoring — exception for lack of capacity, requirements.

Section 198.620 - Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when.

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 198.632 - Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when.

Section 198.640 - Definitions.

Section 198.642 - Supplemental health care services agency, registration required — procedure.

Section 198.644 - Agency criteria — revocation and nonrenewal of registration, when — appeal procedure.

Section 198.646 - Complaints, reporting system.

Section 198.648 - Rulemaking authority.