Missouri Revised Statutes
Chapter 630 - Department of Mental Health
Section 630.778 - Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance.

Effective - 28 Aug 1980
630.778. Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance. — 1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into on behalf of the facility if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:
(1) The person seeking payment under the agreement was an affiliate of the individual contracting on behalf of the facility at the time the agreement was made;
(2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.
2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of person who received such notice, but the payment does not relieve the licensee or head of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved.
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(L. 1980 H.B. 1724)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 630 - Department of Mental Health

Section 630.003 - Department created — state mental health commission — Missouri institute of mental health — transfers of powers and agencies.

Section 630.005 - Definitions.

Section 630.006 - Intellectually disabled and intellectual disability, use of terms — revisor to change statutory references.

Section 630.010 - Mental health commission — members, terms, qualifications, appointment, vacancies, compensation — organization, meetings.

Section 630.015 - Director, appointment — duties of commission.

Section 630.020 - Departmental goals, duties.

Section 630.025 - Director to head department — compensation — not to have private practice — director may conduct inquiries, issue subpoenas.

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 630.080 - State auditor may examine records — personally identifiable information not to be revealed.

Section 630.085 - Annual report by director, to whom, when, contents.

Section 630.090 - Department to receive federal grants and aids, when — administration — application approval — reports.

Section 630.095 - Copyrights and trademarks by department.

Section 630.097 - Comprehensive children's mental health service system to be developed — team established, members, duties — plan to be developed, content — evaluations to be conducted, when.

Section 630.108 - Interaction between physical and mental health, guidelines for screening and assessment of persons receiving services — rulemaking authority.

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 630.140 - Records confidential, when — may be disclosed, to whom, how, when — release to be documented — court records confidential, exceptions.

Section 630.145 - Department to release information to next of kin and persons responsible for costs, when.

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 630.165 - Suspected abuse of patient, report, by whom made, contents — effect of failure to report — penalty.

Section 630.167 - Investigation of report, when made, by whom — abuse prevention by removal, procedure — reports confidential, privileged, exceptions — immunity of reporter, notification — retaliation prohibited — administrative discharge of employee...

Section 630.168 - Suspected abuse to be reported.

Section 630.170 - Disqualification for employment because of conviction — appeal process — criminal record review, procedure — registry maintained, when — appeals procedure.

Section 630.175 - Physical and chemical restraints prohibited, exceptions — requirements for collaborative practice arrangements — security escort devices and certain extraordinary measures not considered physical restraint.

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 630.193 - Professional review committee to make recommendations to director — committee members, appointment, qualifications, terms, compensation — organization and meetings.

Section 630.194 - Professional review committee to review proposals, make report and recommendations — director to approve or disapprove — to review work in progress.

Section 630.196 - Research review committee at department facilities — committee members, appointment, qualifications, terms, compensation — organization and meetings.

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 630.205 - Patient or representative liable for costs of services rendered — parents not liable, when — denial of services for inability to pay prohibited, when — department subrogated to rights of patient, parent, or recipient, when.

Section 630.210 - Charges for pay patients — each facility considered a separate unit — director to determine rules for means test and domicile verification — failure to pay, effect — exceptions, emergency treatment for transients — waiver of means t...

Section 630.215 - Pay patient, how determined — estate of patient, court to notify director and conservator — failure to pay, may discharge — appeal.

Section 630.220 - Court actions by department on behalf of institutions — interest on accounts of patients.

Section 630.225 - Pay patient to be provided suitable clothing before admission — may receive gifts of clothing.

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 630.330 - Department may receive gifts — disposal of gift property — mental health trust fund created.

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 630.405 - Purchase of services, procedure — commissioner of administration to cooperate — rules, procedure.

Section 630.407 - Administrative entities may be recognized, when — contracting with vendors — subcontracting — department to promulgate rules.

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 630.460 - Overpayment, defined — overpayment reimbursement request by department, procedure, review procedure — interest, amount, when — collection of overpayment, attorney general.

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 630.546 - Lease purchase agreement authorized for use of facilities constructed by private developer on grounds of existing St. Louis state hospital, procedure — deemed to be public works, wage rate.

Section 630.550 - Centralized supply warehouses established, costs — mental health central supply fund, created, administered — charges, operation of fund.

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 630.635 - Procedure when consent not given — review panel to be named — notice and hearing required — appeal — emergency transfers may be made.

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 630.705 - Rules for standards for facilities and programs for persons affected by mental disorder, mental illness, or developmental disability — classification of facilities and programs — certain facilities and programs not to be licensed.

Section 630.710 - Required standards.

Section 630.715 - Licensing of residential facilities and day programs — fee — affidavit.

Section 630.717 - Alcohol and drug abuse facilities and programs exempt — fire, safety standards compliance — report to general assembly.

Section 630.720 - Issuance of license, term — temporary permits, when — may be transferable — posting.

Section 630.725 - Denial or revocation — appeal — determination by administrative hearing commission — notice of revocation, when.

Section 630.730 - Inspection by department and others, when — may be ordered, when.

Section 630.735 - License required.

Section 630.740 - Penalty for failure to obtain license — attorney general to represent department — relief to be granted.

Section 630.745 - Noncompliance with law revealed by inspection — procedure — corrective measures, time limit — reinspection, when — probationary license — posting of noncompliance notices.

Section 630.750 - Procedure upon finding of noncompliance which may present health or safety dangers.

Section 630.755 - Injunctive relief may be requested — action to have priority — civil penalties may be assessed, procedure.

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 630.766 - Monitor may be assigned by department — to advise operator as to compliance — report to department.

Section 630.769 - Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist.

Section 630.772 - Emergency procedure.

Section 630.775 - Powers and duties of receiver.

Section 630.778 - Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance.

Section 630.781 - Compensation of receiver.

Section 630.784 - Receiver may receive license.

Section 630.787 - Receivership may be terminated by court, when.

Section 630.790 - Accounting of receiver, when — judgment for deficiencies — priority of receiver's claim.

Section 630.793 - Liabilities of receivers and licensees.

Section 630.805 - Nonresidents may be returned to place of residence, when — reciprocal agreements authorized — transportation costs.

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 630.875 - Citation of law — definitions — program created, purpose — requirements — rulemaking authority.

Section 630.925 - Mental health fatality review panel established, members, duties.

Section 630.927 - Rulemaking authority.

Section 630.945 - Maximum and intermediate facilities, work hours limited — exception for emergencies.

Section 630.950 - Immunity from liability, when.

Section 630.975 - Rulemaking authority — disclosure of records, when.

Section 630.1000 - Office of comprehensive child mental health established, duties — staff authorized.

Section 630.1005 - Comprehensive child mental health clinical advisory council established, members, duties.