Effective - 28 Aug 1999
198.530. Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included. — 1. If an enrollee in a managed care organization is also a resident in a long-term care facility licensed pursuant to chapter 198, or a continuing care retirement community, as defined in section 197.305, such enrollee's managed care organization shall provide the enrollee with the option of receiving the covered service in the long-term care facility which serves as the enrollee's primary residence. For purposes of this section, "managed care organization" means any organization that offers any health plan certified by the department of health and senior services designed to provide incentives to medical care providers to manage the cost and use of care associated with claims, including, but not limited to, a health maintenance organization and preferred provider organization. The resident enrollee's managed care organization shall reimburse the resident facility for those services which would otherwise be covered by the managed care organization if the following conditions apply:
(1) The facility is willing and able to provide the services to the resident; and
(2) The facility and those health care professionals delivering services to residents pursuant to this section meet the licensing and training standards as prescribed by law; and
(3) The facility is certified through Medicare; and
(4) The facility and those health care professionals delivering services to residents pursuant to this section agree to abide by the terms and conditions of the health carrier's contracts with similar providers, abide by patient protection standards and requirements imposed by state or federal law for plan enrollees and meet the quality standards established by the health carrier for similar providers.
2. The managed care organization shall reimburse the resident facility at a rate of reimbursement not less than the Medicare allowable rate pursuant to Medicare rules and regulations.
3. The services in subsection 1 of this section shall include, but are not limited to, skilled nursing care, rehabilitative and other therapy services, and postacute care, as needed. Nothing in this section shall limit the managed care organization from utilizing contracted providers to deliver the services in the enrollee's resident facility.
4. A resident facility shall not prohibit a health carrier's participating providers from providing covered benefits to an enrollee in the resident facility. A resident facility or health care professional shall not impose any charges on an enrollee for any service that is ancillary to, a component of, or in support of the services provided under this section when the services are provided by a health carrier's participating provider, or otherwise create a disincentive for the use of the health carrier's participating providers. Any violation of the requirements of this subsection by the resident facility shall be considered abuse or neglect of the resident enrollee.
--------
(L. 1999 H.B. 316, et al. § 3)
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.