Missouri Revised Statutes
Chapter 198 - Nursing Homes and Facilities
Section 198.260 - Form of ballot.

Effective - 28 Aug 1985
198.260. Form of ballot. — The question of whether or not a nursing home shall be organized shall be submitted in substantially the following form:
Shall there be organized in the counties of ______ , state of Missouri, a nursing home district for the establishment and operation of a nursing home to be located within the boundaries of the proposed district and having the power to impose a property tax not to exceed the annual rate of thirty-five cents on the hundred dollars assessed valuation without voter approval, and such additional tax as may be approved hereafter by vote thereon, to be known as "______ Nursing Home District" as prayed for by petition filed with the county clerk of ______ County, Missouri, on the ______ day of ______, 20______?
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(L. 1963 p. 368 § 8, A.L. 1978 H.B. 971, A.L. 1985 S.B. 100)

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.