Effective - 28 Aug 1980
630.775. Powers and duties of receiver. — A receiver appointed under this section:
(1) May exercise those powers and shall perform those duties set out by the court;
(2) May, in his discretion, either:
(a) Take control of all day-to-day operations of the residential facility;
(b) Name an individual to conduct the day-to-day operations of the facility subject to the supervision and direction of the receiver;
(3) May upgrade deficient facilities by any methods, procedures or actions he deems necessary; provided, however, that expenditures in excess of three thousand dollars, or in excess of any amount set by the court, be first approved by the court;
(4) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the head of the facility would have had if the receiver had not been appointed. The receiver shall take such action as is reasonably necessary to protect and conserve the assets or property of which the receiver takes possession, or the proceeds of any transfer thereof, and may use them only in the performance of the powers and duties set forth in this section and by order of the court;
(5) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of receivership, at the same rate of payment as was charged by the head of the facility at the time the petition for receivership was filed, unless a different rate is set by the court;
(6) May let contracts and hire agents and employees, including legal counsel, to carry out the powers and duties created under this section or by the court;
(7) May hire or discharge any employees;
(8) Shall receive and expend in a reasonable manner the revenues of the facility due on the date of the order of appointment as receiver, and to become due during the receivership;
(9) Shall do all acts necessary or appropriate to conserve the property and promote the health, safety or care of the residents of the facility;
(10) Except as hereinafter specified in section 630.790, shall honor all leases, mortgages, secured transactions or other wholly or partially executory contracts entered into on behalf of the facility, but only to the extent of payments which become due or are for the use of the property during the period of the receivership;
(11) Shall be responsible, to the same extent as the licensee would have been, for taxes which accrue during the period of the receivership;
(12) Shall be entitled to and shall take possession of all property or assets of residents which are in possession of the head of the facility. The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the alternative placement of any transferred or discharged resident;
(13) Shall provide, if upgrading of the facility or correction of the deficiencies is not possible, for the orderly transfer of all residents in the facility to other suitable facilities, or make other provisions for their continued health, safety and welfare;
(14) Shall, if any resident is transferred or discharged, provide for:
(a) Transportation of the resident and the resident's belongings and medical records to the place to which the resident is being transferred or discharged;
(b) Aid in locating an alternative placement and in discharge planning;
(c) If the resident is being transferred, preparation for transfer to mitigate transfer trauma;
(15) Shall, if any resident is to be transferred, permit participation by the resident or the resident's guardian in the selection of the resident's alternative placement;
(16) Shall, unless emergency transfer is necessary, prepare a resident under subdivisions (14)(c) and (15) by explaining alternative placements, and by providing orientation to the placement chosen by the resident or the resident's guardian.
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(L. 1980 H.B. 1724)
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 630 - Department of Mental Health
Section 630.005 - Definitions.
Section 630.015 - Director, appointment — duties of commission.
Section 630.020 - Departmental goals, duties.
Section 630.030 - Division directors, appointment, removal — appointment of other general personnel.
Section 630.035 - Appointment of facility heads, medical staffs.
Section 630.040 - Facility administrative officers to have general charge and control.
Section 630.045 - Appointment of persons for civil involuntary detention actions.
Section 630.050 - Rules, promulgation, procedure — public inspection — facility policies.
Section 630.053 - Mental health earnings fund — uses — rules and regulations, procedure.
Section 630.055 - Research activities by department.
Section 630.060 - Cooperation with other groups.
Section 630.065 - Planning activities by department.
Section 630.070 - Workers' compensation law extended to employees of department.
Section 630.075 - Personnel recruitment, development and training.
Section 630.085 - Annual report by director, to whom, when, contents.
Section 630.095 - Copyrights and trademarks by department.
Section 630.110 - Patient's rights — limitations.
Section 630.115 - Patient's entitlements — administrative review of violations.
Section 630.120 - No presumptions.
Section 630.125 - Explanation of rights and entitlements.
Section 630.127 - Notification protocols — rulemaking authority.
Section 630.130 - Electroconvulsive therapy, procedure — prohibitions — attorney's fees.
Section 630.133 - Psychosurgery, consent required — not to be performed by department.
Section 630.135 - Rules regarding patient's rights.
Section 630.150 - Disclosure of absence to be made, when, to whom.
Section 630.155 - Mistreatment of patient — defined — penalty.
Section 630.160 - Furnishing unfit food — defined — penalty.
Section 630.161 - Investigation of reports of vulnerable person abuse, when.
Section 630.162 - Mandatory reporters — preventing or discouraging reporting, penalty.
Section 630.163 - Mandatory reporting requirements.
Section 630.164 - Immunity from liability, when.
Section 630.168 - Suspected abuse to be reported.
Section 630.180 - Treatment by religious practice to be permitted.
Section 630.183 - Officers may authorize medical treatment for patient.
Section 630.186 - Purchase of food limited to that for use of patients.
Section 630.192 - Limitations on research activities in mental health facilities and programs.
Section 630.198 - Duties of research review committee.
Section 630.199 - Research involving persons civilly detained, sections applicable.
Section 630.200 - Discrimination prohibited.
Section 630.202 - Essential caregiver designation, procedure, requirements.
Section 630.305 - Funds of patient, control, expenditure, return, safekeeping.
Section 630.310 - Receipt of funds of patient, procedure.
Section 630.315 - Department may become payee for patient, procedure.
Section 630.320 - Disposition of unclaimed funds of patient — escheats, procedure.
Section 630.325 - Disposition of unclaimed personal property of patient.
Section 630.335 - Canteens and commissaries authorized — operation.
Section 630.340 - Sheltered workshops and activity centers authorized — operation.
Section 630.350 - Limitation on bank accounts.
Section 630.410 - Evaluation of contracts.
Section 630.415 - Terms of contracts.
Section 630.420 - Affiliation agreements from vendors required.
Section 630.425 - Incentive grants authorized — rules and regulations — duration of grants.
Section 630.430 - Commissioner of administration to make rules and regulations for incentive grants.
Section 630.435 - Affiliation agreements from grantees required.
Section 630.440 - Payment to grantees, procedure.
Section 630.445 - Records required of vendors or grantees, contents — access for inspection.
Section 630.450 - Duplication of programs to be avoided.
Section 630.455 - Attorney general to seek restitution for department.
Section 630.462 - Contractors for community psychiatric rehabilitation, reviews, how conducted.
Section 630.505 - Department to name facilities.
Section 630.510 - Inventory of facilities — plan for new facilities.
Section 630.525 - Destruction of obsolete structures — procedure.
Section 630.535 - Unneeded property may be transferred to another state agency — procedure.
Section 630.540 - Proposed transfers and conveyances to be reviewed.
Section 630.545 - Board and living quarters for employees of facilities.
Section 630.575 - Council created, members, duties, terms, meetings.
Section 630.580 - Education and awareness programs established — cooperation of state agencies.
Section 630.605 - Placement programs to be maintained.
Section 630.610 - Applications for placement — criteria to be considered.
Section 630.615 - Program standards to be considered — prior to placement.
Section 630.620 - Facilities and programs to be utilized in making placements.
Section 630.625 - Consent required for placement.
Section 630.630 - Alternative proposals to be prepared.
Section 630.640 - Costs of benefits may be paid by department — recovery.
Section 630.645 - Follow-up care.
Section 630.650 - Cooperation with department of social services.
Section 630.655 - Rules for standards for placement facilities and programs — required standards.
Section 630.656 - Waiver or exception request of administrative rule or standard, procedure.
Section 630.660 - Written contracts required.
Section 630.710 - Required standards.
Section 630.715 - Licensing of residential facilities and day programs — fee — affidavit.
Section 630.730 - Inspection by department and others, when — may be ordered, when.
Section 630.735 - License required.
Section 630.760 - Patients to have same rights as those for residents of nursing homes.
Section 630.763 - Receiver may be requested, by whom, when.
Section 630.772 - Emergency procedure.
Section 630.775 - Powers and duties of receiver.
Section 630.781 - Compensation of receiver.
Section 630.784 - Receiver may receive license.
Section 630.787 - Receivership may be terminated by court, when.
Section 630.793 - Liabilities of receivers and licensees.
Section 630.810 - Compact enacted — form.
Section 630.815 - Director of department to make rules — cooperate in administration.
Section 630.820 - Supplementary agreements authorized, when effective.
Section 630.825 - Expenses, how paid.
Section 630.830 - Transfer of patient, duty of administrator.
Section 630.835 - Copies of law furnished other states.
Section 630.850 - Compact enacted — form.
Section 630.855 - Contracts authorized, limitations.
Section 630.925 - Mental health fatality review panel established, members, duties.
Section 630.927 - Rulemaking authority.
Section 630.950 - Immunity from liability, when.
Section 630.975 - Rulemaking authority — disclosure of records, when.