Missouri Revised Statutes
Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief
Section 208.865 - Definitions.

Effective - 04 Nov 2008
208.865. Definitions. — Definitions.
As used in sections 208.850 to 208.871:
(1) "Consumer" means a person receiving personal care assistance services from a personal care attendant as defined in subdivision (4) of this section;
(2) "Council" means the Missouri quality home care council;
(3) "Department" means the Missouri department of health and senior services;
(4) "Personal care attendant" means a person, other than a consumer's spouse, providing consumer-directed personal care assistance services as defined in subdivisions (2) and (5) of section 208.900 under sections 208.900 to 208.927, similar consumer-directed personal care assistance services under section 208.930, and similar consumer-directed personal care assistance services through a program operated pursuant to a waiver obtained under Section 1915(c) of the federal Social Security Act or similar consumer-directed services under the successor to any of said programs;
(5) "Vendor" is defined in subdivision (10) of section 208.900 and in subsection 2 of section 208.862.
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(L. 2008 Adopted by Initiative, Proposition B, § 6, November 4, 2008)
Revisor's Note: References to statute or section numbers have been changed in accordance with section 3.060.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 208 - Old Age Assistance, Aid to Dependent Children and General Relief

Section 208.001 - Citation of law — MO HealthNet created — division created — rulemaking authority.

Section 208.009 - Illegal aliens prohibited from receiving any state or local public benefit — proof of lawful residence required — temporary benefits permitted, when — exceptions for nonprofit organizations.

Section 208.010 - Eligibility for public assistance, how determined — ineligibility for benefits, when — allowable exclusions — prevention of spousal impoverishments, division of assets, community spouse defined — burial lots defined — diversion of i...

Section 208.012 - Payments from Agent Orange funds not to be considered income in determining eligibility.

Section 208.013 - Restitution payments to victims of National Socialist (Nazi) persecution not income in determining eligibility.

Section 208.015 - Persons not eligible for general relief — exception — specified relative, defined — unemployable persons — relief limitation.

Section 208.016 - Personal needs allowance to be deducted from resident's income — increase in allowance, when.

Section 208.018 - Farmers' markets, SNAP participants, pilot program to purchase fresh food — requirements — sunset provision.

Section 208.020 - Eligibility not affected by involuntary conversion of real into personal property for year — receipt defined.

Section 208.022 - TANF electronic benefit cards to include photograph of recipient.

Section 208.024 - TANF benefits, prohibited purchases, where — definitions — EBT benefit account suspended temporarily, when.

Section 208.026 - Citation of law — work activities defined — TANF recipients required to engage in work activity — rulemaking authority.

Section 208.027 - TANF recipients, screening for illegal use of controlled substances, test to be used — positive test or refusal to be tested, administrative proceeding — reporting requirements — other household members to continue to receive benefi...

Section 208.030 - Supplemental welfare assistance, eligibility for — amount, how determined — reduction of supplemental payment prohibited, when.

Section 208.040 - Temporary assistance benefits — eligibility for — assignment of rights to support to state, when, effect of — authorized policies.

Section 208.041 - Children of unemployed parent eligible for aid to dependent children — unemployment benefits considered unearned income.

Section 208.042 - Recipients of aid to dependent children to participate in training or work projects — exceptions — refusal to participate, effect of — standards — child day care services authorized.

Section 208.043 - Aid to dependent children living with legal guardian who is not an eligible relative, when granted.

Section 208.044 - Child day care services to be provided certain persons — eligible providers.

Section 208.046 - Child care assistance, income eligibility criteria, vouchers or direct reimbursement, when.

Section 208.047 - Aid to dependent children in foster homes or child-care institutions, granted, when — maximum benefits.

Section 208.048 - Aid to families with dependent child — school attendance required — rules.

Section 208.050 - Aid to dependent children denied, when.

Section 208.053 - Low-wage trap elimination act — hand-up pilot program, transitional child care subsidies (Jackson, Clay and Greene counties) — report — rulemaking — sunset provision.

Section 208.055 - Public assistance recipients required to cooperate in establishing paternity — assignment of child support rights, when — public assistance defined.

Section 208.060 - Applications for benefits, how and where filed.

Section 208.065 - Verification of eligibility for public assistance, contract for.

Section 208.067 - TANF set-aside minimums for certain programs.

Section 208.070 - Applications may be made at county office and shall be investigated — decision — notice to applicant.

Section 208.071 - Individualized assessment of applicant — rulemaking authority.

Section 208.072 - Application for medical assistance, approval or denial, when — Medicaid payments to long-term care facilities, when.

Section 208.075 - Mental or physical examination may be required — evidence admissible at appeal hearing.

Section 208.080 - Appeal to director of the respective division, when — procedure.

Section 208.090 - Reinstatement and payment of benefits to applicant.

Section 208.100 - Appeal to circuit court — procedure.

Section 208.110 - Appeals from circuit court.

Section 208.120 - Records, when evidence, restrictions on disclosure — penalty.

Section 208.125 - Records may be destroyed, when.

Section 208.130 - Benefits granted may be reconsidered.

Section 208.140 - Grants subject to any change of law.

Section 208.141 - Donor human breast milk, hospital eligible for reimbursement, when — rulemaking authority.

Section 208.142 - Nonemergency medical treatment, use of emergency department services for, co-payment imposed.

Section 208.143 - Veterans medical services, division to determine if applicant for medical assistance is eligible.

Section 208.144 - Medicaid reimbursement for children participating in the Part C early intervention system (First Steps).

Section 208.145 - Medical assistance benefits, eligibility based on receipt of AFDC benefits, when.

Section 208.146 - Ticket-to-work health assurance program — eligibility — expiration date.

Section 208.147 - Annual income and eligibility verification required for medical assistance recipients — documentation required.

Section 208.148 - Missed appointment fee, when--department to request state plan amendment and waiver request.

Section 208.150 - Monthly benefits, how determined.

Section 208.151 - Medical assistance, persons eligible — rulemaking authority — waivers — military members eligibility, temporary suspension, when.

Section 208.152 - Medical services for which payment shall be made — co-payments may be required — reimbursement for services — notification upon change in interpretation or application of reimbursement — reimbursement for behavioral, social, and psy...

Section 208.153 - Medical assistance — regulations as to costs and manner — federal medical insurance benefits may be provided.

Section 208.154 - Insufficient funds, benefits to be paid pro rata.

Section 208.155 - Records concerning applicants and recipients of medical assistance confidential.

Section 208.156 - Hearings granted applicants and suppliers of services, when — class action authorized for suppliers, requirements — claims may be cumulative — procedure — appeal.

Section 208.157 - Discrimination prohibited — payment refused to provider of medical assistance who discriminates because of race, color or national origin.

Section 208.158 - Payments to be made only when federal grants-in-aid are provided.

Section 208.159 - Payments for nursing home services, how administered — rules.

Section 208.160 - Payment rolls, how prepared — checks and warrants, how issued.

Section 208.161 - Inpatient psychiatric hospital services, individuals under age twenty-one — nursing home service, any age, exception.

Section 208.163 - Direct payment on request by authorized providers of services.

Section 208.164 - Medical assistance abuse or fraud, definitions — department's or division's powers — reports, confidential — restriction or termination of benefits, when — rules.

Section 208.165 - Medical assistance, payments withheld for services, when — payment ordered, interest allowed.

Section 208.166 - Department to facilitate cost-effective purchase of comprehensive health care, definitions — authority of department, conditions — recipient's freedom of selection of plans and sponsors not limited.

Section 208.167 - Nursing home services, amount paid, computation — restrictions waived when, procedure.

Section 208.168 - Benefit payments for adult day care, intermediate care facilities, and skilled nursing homes — amount paid, how determined — effective when.

Section 208.169 - Reimbursement rate for nursing care services — not revised on change of ownership, management, operation — assignment to new facilities entering program — calculation — determination of trend factor, effect — expiration date of cert...

Section 208.170 - Duties of state treasurer — special funds created.

Section 208.171 - Effective date of certain sections.

Section 208.172 - Reduction or denial of benefits, basis for, restrictions on.

Section 208.173 - Committee established.

Section 208.174 - Director shall apply for amendment of waiver of comparability of services — promulgation of rules — procedure.

Section 208.175 - Drug utilization review board established, members, terms, compensation, duties.

Section 208.176 - Division to provide for prospective review of drug therapy.

Section 208.180 - Payment of benefits, to whom — disposition of benefit check of deceased person.

Section 208.181 - Expedited eligibility process, pregnant women.

Section 208.182 - Division to establish electronic transfer of benefits system — disclosure of information prohibited, penalty — benefits and verification to reside in one card.

Section 208.183 - Advisory council on rare diseases and personalized medicine, purpose, members, meetings — duties.

Section 208.184 - Rare diseases, advisory council — sickle cell disease and MO HealthNet beneficiaries, annual evaluation and review — report.

Section 208.190 - Division to comply with acts of congress relating to Social Security benefits.

Section 208.198 - Same or similar services, equal reimbursement rate required.

Section 208.201 - Mo HealthNet division established — director, how appointed, powers and duties — powers, duties and functions of division.

Section 208.204 - Medical care for children in custody of department, payment — division may administer funds — individualized service plans developed for children in state custody exclusively based on need for mental health services.

Section 208.210 - Undeclared income or property — benefits may be recovered by division, when.

Section 208.212 - Annuities, affect on Medicaid eligibility — rulemaking authority.

Section 208.213 - Personal care contracts, effect on eligibility.

Section 208.215 - Payer of last resort — liability for debt due the state, ceiling — rights of department, when, procedure, exception — report of injuries required, form, recovery of funds — recovery of medical assistance paid, when — court may adjud...

Section 208.216 - Attorney's fees to be paid by department for recipient appeals for federal supplemental security income benefits, when — rules, procedure.

Section 208.217 - Department may obtain medical insurance information — failure to provide information, attorney general to bring action, penalty — confidential information, penalty for disclosure — applicability to department of mental health.

Section 208.220 - Commissioner of administration may deduct certain amounts from state employee's compensation, when.

Section 208.221 - Jurisdiction, administrative hearing commission, procedure.

Section 208.223 - Reimbursement for ambulance service to be based on mileage.

Section 208.225 - Medicaid per diem rate recalculation for nursing homes, amount.

Section 208.226 - Antipsychotic medication, no restrictions on availability in MO HealthNet program — provider updates, content.

Section 208.227 - Multiple prescriptions, case management and surveillance programs to be established — rulemaking authority — state plan amendments and waivers.

Section 208.229 - Rebates on outpatient drugs — definitions.

Section 208.230 - Public assistance beneficiary employer disclosure act — report, content.

Section 208.238 - Eligibility, automated process to check applicants and recipients.

Section 208.240 - Statewide dental delivery system authorized.

Section 208.244 - Waiver of SNAP work requirements, inapplicable, when — savings used for child care assistance — annual report.

Section 208.247 - Food stamp eligibility, felony conviction not to make ineligible, when.

Section 208.250 - Definitions.

Section 208.255 - Missouri elderly and handicapped transportation assistance program created, purpose.

Section 208.260 - Funds appropriated to transportation department, duty to administer — distribution of funds, how determined.

Section 208.265 - Rules and procedures, developed by whom, published, where.

Section 208.285 - Farmers' market nutrition program, department to apply for grants — vouchers for fresh produce — rulemaking authority.

Section 208.300 - Volunteer program for in-home respite care of the elderly — credit for service, limitation.

Section 208.305 - Volunteers or designated elderly beneficiaries needing respite assistance to receive, when, qualifications — paid assistance, when, rate.

Section 208.325 - Self-sufficiency program, targeted households — assessments — self-sufficiency pacts, contents, incentives for participation, review by director, term of pact — training for case managers — sanctions for failure to comply with pact...

Section 208.337 - Accounts for children with custodial parents in JOBS (or FUTURES), conditions, limitations — waivers required.

Section 208.339 - Telecommuting employment options, office of administration, division of personnel, duties.

Section 208.341 - School programs — postponing sexual involvement — QUEST — rites of passage.

Section 208.342 - Earned income tax credit program, AFDC recipients.

Section 208.345 - Protocols for referral of public assistance recipients to federal programs.

Section 208.400 - Definitions.

Section 208.405 - JOBS program established, duties of department.

Section 208.410 - Volunteers to be given priority — publicity or recruitment program — persons excused from participation — pretermination hearing required before loss of benefits or services as sanction for nonparticipation — rules and regulations,...

Section 208.415 - Rulemaking authority — assessment and service plan — community work experience program authorized, participation voluntary, when, required when.

Section 208.420 - Department to apply for and accept federal funds.

Section 208.425 - Welfare reform coordinating committee established.

Section 208.431 - Medicaid managed care organization reimbursement allowance, amount.

Section 208.432 - Record keeping required, submission to department.

Section 208.433 - Calculation of reimbursement allowance amount — notification of Medicaid managed care organizations — offset permitted, when.

Section 208.434 - Amount final, when — protest, procedure.

Section 208.435 - Rulemaking authority.

Section 208.436 - Remittance to the department — deposit in dedicated fund.

Section 208.437 - Reimbursement allowance period — notification of balance due, when — delinquent payments, procedure, basis for denial of licensure — expiration date.

Section 208.453 - Hospitals to pay a federal reimbursement allowance for privilege of providing inpatient care, defined — elimination of allowance for certain hospitals.

Section 208.455 - Formula for federal reimbursement allowance established by rule — procedure.

Section 208.457 - Report annually by hospitals required, content — filed with department of social services.

Section 208.459 - Director of department of social services to determine amount of allowance — notification of amount due when — payment may be made in increments — offset by Medicaid payments due hospital on request.

Section 208.461 - Protest by hospital, procedure — filed when — hearing — final decision due when — appeal to administrative hearing commission.

Section 208.463 - Documents content and form prescribed by rule.

Section 208.465 - Balance of reimbursement to be remitted to department of social services payable to department of revenue — federal reimbursement allowance fund created, exempt from lapse provisions — investment earnings credited to fund.

Section 208.467 - Reimbursement allowance period, notification of balance due — delinquent when, state's lien against hospital property may be enforced — penalties.

Section 208.469 - Tax exempt or nonprofit status granted by state not to be affected.

Section 208.471 - Medicaid reimbursement payments to hospitals, amount, how calculated.

Section 208.473 - Federal reimbursement allowance requirements to apply only as long as federal participation in state's Medicaid program.

Section 208.475 - Effective date of allowance.

Section 208.477 - Medicaid eligibility, criteria used, effect when more restrictive than FY2003.

Section 208.478 - Graduate medical education and enhanced graduate medical education, amount of Medicaid payments — contingent expiration for federal reimbursement allowance.

Section 208.479 - Regulations must be provided to interested parties prior to filing with secretary of state.

Section 208.480 - Federal reimbursement allowance expiration date.

Section 208.482 - Disproportionate share hospital payments, restriction on audit recoupments — expiration date.

Section 208.530 - Definitions.

Section 208.533 - Commission established — members, qualifications — terms — expenses.

Section 208.535 - Commission, duties.

Section 208.600 - Citation of law, definitions.

Section 208.603 - Department of health and senior services to administer federal program.

Section 208.606 - Public education, at-risk elderly, purpose — action steps to be devised, preference for contacts.

Section 208.609 - Coordination of existing transportation services — voluntary transportation systems — emergency food services.

Section 208.618 - Program to address mental health needs.

Section 208.621 - Program, at-risk elderly.

Section 208.624 - Invest in caring, model program — intergenerational care and training program.

Section 208.627 - Report, delivery of case management services, contents — delivery of report.

Section 208.631 - Program established, terminates, when — definitions.

Section 208.633 - Eligible children, income limits of parents or guardians.

Section 208.636 - Requirements of parents or guardians.

Section 208.640 - Co-payments required, when, amount, limitations.

Section 208.643 - Rules, compliance with federal law.

Section 208.646 - Waiting period required, when.

Section 208.647 - Special health care needs, waiver of waiting period for coverage.

Section 208.650 - Studies and reports required by department of social services.

Section 208.655 - Abortion counseling prohibited, exceptions.

Section 208.657 - Rules, effective when, invalid when.

Section 208.658 - State children's health insurance information to be provided by child care providers and public schools — rulemaking authority — report.

Section 208.659 - Revision of eligibility requirements for uninsured women's health program.

Section 208.662 - Program established as CHIPs program — eligibility — coverage — report, content — program not entitlement.

Section 208.670 - Practice of telehealth, definitions — reimbursement of providers.

Section 208.677 - School children, parental authorization required for telehealth.

Section 208.686 - Home telemonitoring services, reimbursement program authorized — discontinuance, when — rules.

Section 208.690 - Citation of law — definitions.

Section 208.692 - Program established, purpose — asset disregard — departments duties — rules.

Section 208.694 - Eligibility — discontinuance of program, effect of — reciprocal agreements.

Section 208.696 - Director's duties — rules.

Section 208.698 - Reports required.

Section 208.750 - Title — definitions.

Section 208.755 - Family development account program established — proposals, content — department — duties — rulemaking authority.

Section 208.760 - Eligibility — withdrawal of moneys, when.

Section 208.765 - Forfeiture of account moneys, when — death of account holder, effect of.

Section 208.770 - Tax exemption, credit, when.

Section 208.775 - Independent evaluation — report.

Section 208.780 - Definitions.

Section 208.782 - Missouri Rx plan established, purpose — rulemaking authority.

Section 208.784 - Coordination of prescription drug coverage with Medicare Part D — enrollment in program — Medicaid dual eligibles, effect of.

Section 208.786 - Authority of department in providing benefits — start of program benefits, when.

Section 208.788 - Program not an entitlement — payer of last resort requirements.

Section 208.790 - Applicants required to have fixed place of residence, rules — eligibility income limits subject to appropriations, rules.

Section 208.794 - Fund created.

Section 208.798 - Termination date.

Section 208.819 - Transition grants created, eligibility, amount — information and training developed — rulemaking authority.

Section 208.850 - Title.

Section 208.853 - Findings and purpose.

Section 208.856 - Council created, expenses, members, terms, removal.

Section 208.859 - Powers and duties of the council.

Section 208.862 - Consumer rights and employment relations.

Section 208.865 - Definitions.

Section 208.868 - Federal approval and funding.

Section 208.871 - Severability clause.

Section 208.895 - Referral for services, department duties — assessments and care plans, requirements — definitions — report.

Section 208.896 - Structured family caregiving, department to apply for federal waiver — requirements — rulemaking authority.

Section 208.900 - Definitions.

Section 208.903 - Financial assistance for personal care, eligibility requirements.

Section 208.906 - Determination of eligibility — personal care service plan to be developed — reevaluation required.

Section 208.909 - Responsibilities of recipients and vendors.

Section 208.912 - Abuse and neglect reporting — investigation procedures — content of reports — employee disqualification list maintained.

Section 208.915 - Misappropriation of consumer's property or funds, report to the department — content of report — investigation procedures — employee disqualification list maintained.

Section 208.918 - Vendor requirements, philosophy and services.

Section 208.921 - Denial of eligibility, applicant entitled to hearing.

Section 208.924 - Discontinuation of services, when.

Section 208.927 - Rulemaking authority.

Section 208.930 - Consumer-directed personal care assistance services, reimbursement for through eligible vendors — eligibility requirements — documentation — service plan required — premiums, amount — annual reevaluation — denial of benefits, proced...

Section 208.935 - Assessment tool, home and community-based services.

Section 208.950 - Plans required — participant enrollment — survey to assess health and wellness outcomes — health risk assessments required.

Section 208.951 - Request for proposals.

Section 208.952 - Committee established, members, duties.

Section 208.955 - Committee established, members, duties — issuance of findings.

Section 208.990 - MO HealthNet eligibility requirements.

Section 208.991 - Definitions — persons eligible for MO HealthNet — rulemaking authority.

Section 208.1030 - Supplemental reimbursement for ground emergency medical transportation — amount — voluntary participation.

Section 208.1032 - Intergovernmental transfer program — increased reimbursement for services, when — participation requirements.

Section 208.1050 - Fund created, use of moneys.

Section 208.1060 - Food banks, state plan to be submitted for federal project.

Section 208.1070 - LARC prescriptions, transfer of, when.