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 Title XII PUBLIC HEALTH AND WELFARE

 Chapter 198 Nursing Homes and Facilities ^  !
GENERALLY
198.003   Citation of law. (8/28/1979)
198.005   Assisted living facilities, statutory references to residential care facilities to be changed by revisor of statutes. (8/28/2006)
198.006   Definitions. (8/28/2006)
198.009   Department to administer — promulgation of rules, procedure — cooperation of other agencies. (8/28/1995)
198.012   Provisions of sections 198.003 to 198.136 not to apply, when — exempt entities may be licensed. (8/28/2011)
198.015   License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation. (1/1/2017)
198.016   Information on home- and community-based services to be provided prior to admission. (8/28/2010)
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. (8/28/2014)
198.022   Duty of department on receipt of application — duty upon denial — 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. (8/28/2003)
198.026   Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license. (8/28/2014)
198.027   On-site revisit not required, when. (8/28/2003)
198.029   Noncompliance — notice to operator and public, when — notice of noncompliance posted. (8/28/2014)
198.030   Posting of inspection reports at the facility. (8/28/2003)
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. (8/28/2003)
198.036   Revocation of license — grounds — notice required. (8/28/2003)
198.039   License refused or revoked — review by administrative hearing commission — judicial review. (8/28/1979)
198.042   Medical supervision for residents relying on spiritual healing not required. (8/28/1979)
198.045   Participation in Medicare or Medicaid optional — survey for certification at same time as license inspection. (8/28/1979)
198.048   Different classifications of facility may exist on same premises, when. (8/28/1984)
198.052   Records of facilities — when examined or audited — retention, how long — to accompany resident on transfer, when. (8/28/1979)
198.053   Assisted living facilities, notification of posting of latest Vaccine Informational Sheet. (8/28/2017)
198.054   Influenza vaccination for employees, facilities to assist in obtaining. (10/14/2016)
198.055   Inspection by department valid for certain mental health patients, when. (8/28/1984)
198.058   Certain facilities exempt from construction standards, when. (8/28/2010)
198.061   Penalty for providing services without license — penalty for interfering with enforcement of law. (8/28/1979)
198.064   Duplicate payments — how determined — procedures for repayment. (8/28/1979)
198.066   Sanctions for violations authorized. (8/28/2003)
198.067   Noncompliance with law — injunction, when — civil penalties, how calculated, where deposited. (8/28/2003)
198.069   Resident returned to facility from a medical facility, physician orders, duty of facility. (8/28/2007)
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 against retaliation — penalty — employee list — self-reporting of incidents, investigations, when. (8/28/2018)
198.071   Death of a resident, persons to contact prior to transfer of deceased. (8/28/2003)
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. (8/28/2007)
198.074   Sprinkler system requirements — fire alarm system requirements. (8/28/2009)
198.075   Fire safety standards loan fund created, use of moneys. (8/28/2009)
198.076   Department of social services to establish standards and regulations for residential care facilities and assisted living facilities. (8/28/2007)
198.077   Department to maintain facility compliance records. (8/28/2014)
198.079   Department to establish standards and regulations for intermediate care and skilled nursing facilities. (8/28/2007)
198.080   Assessment procedures developed — rulemaking authority. (8/28/2014)
198.082   Nursing assistant training programs, requirements — training incomplete, special requirements and supervision for assistant beginning duties — competency evaluation — additional training. (8/28/2019)
198.085   Categories of standards for each type of licensed facility. (8/28/1995)
198.087   Uniformity of application of regulation standards, department's duties. (8/28/2014)
198.088   Facilities to establish policies and procedures, scope, content — rights of residents — complaint — procedure. (8/28/1994)
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. (8/28/2014)
198.093   Violations of resident's rights — complaints — legal action — damages. (8/28/1979)
198.096   Bond required for facility holding resident's property in trust — exception, cash deposit held in insured escrow. (8/28/2009)
198.097   Misappropriation of funds of elderly or disabled nursing home residents, penalty. (1/1/2017)
198.099   Petition for appointment of receiver — when. (7/1/1979)
198.103   Department may appoint monitor. (7/1/1979)
198.105   Petition for appointment of receiver, contents — hearing — appointment of receiver. (8/28/2003)
198.108   Ex parte appointment of receiver in emergency, when — notice — hearing. (7/1/1979)
198.112   Powers of receiver. (7/1/1979)
198.115   Executory contracts, receiver not required to honor — when — hearing. (7/1/1979)
198.118   Compensation of receiver. (7/1/1979)
198.121   Bond of receiver. (7/1/1979)
198.124   License may be issued to facility operated by receiver — duration. (7/1/1979)
198.128   Termination of receivership, when. (7/1/1979)
198.132   Accounting by receiver, when — contents — liability for deficiency — priority of deficiency judgment. (7/1/1979)
198.136   Operator or affiliate not liable for acts of receiver — liability of operator or affiliate otherwise not relieved. (7/1/1979)
198.139   Medicaid moneys not to be used for other purposes. (7/1/1979)
198.142   Health care provider and vendor not to misrepresent or conceal facts or convert benefits for payments. (7/1/1979)
198.145   Kickbacks, bribes and rebates prohibited, when. (7/1/1979)
198.148   Offering or making kickbacks, bribes or rebates prohibited, when. (7/1/1979)
198.151   Usual trade discounts and employment benefits not kickbacks, bribes or rebates. (7/1/1979)
198.155   False statements by health care provider prohibited, when. (7/1/1979)
198.158   Penalties for violation of sections 198.139 to 198.155. (1/1/2017)
198.161   Fraud investigation division created — director — compensation — assistance by local prosecutors. (7/1/1979)
198.165   Medicaid payments stopped by division, when — hearing. (7/1/1979)
198.168   Fraud investigation director may petition for appointment of receiver, when — court hearing. (7/1/1979)
198.171   Civil restitution of Medicaid funds, when. (7/1/1979)
198.174   Fraud investigation director may hold hearings, take oaths — procedure on failure to testify — confidentiality of recorders — penalties. (7/1/1979)
198.177   Compelling of testimony — grant of immunity, when. (7/1/1979)
198.180   Audit and inspection of records, when — warrant. (7/1/1979)
198.183   State agencies and law enforcement officers to cooperate with fraud investigation division. (7/1/1979)
198.186   Local crime investigation powers not diminished. (7/1/1979)
198.187   Criminal background checks for residents permitted. (8/28/2009)
198.189   Medicaid payment system for assisted living facilities to be implemented — options. (8/28/2014)
NURSING HOME DISTRICTS
198.200   District created, how — territory included — name — nursing home defined. (8/28/1984)
198.210   Petition of voters for district, where filed, contents. (8/28/1978)
198.220   Notice of hearing on petition — costs of notice. (8/28/1963)
198.230   Procedure where several petitions filed — amendment. (8/28/1963)
198.240   If petition sufficient county commission to order election. (8/28/1978)
198.250   Notice of election, contents. (8/28/1985)
198.260   Form of ballot. (8/28/1985)
198.263   Increase in tax levy, procedure — ballot of submission, form. (8/28/1985)
198.270   Results of election to be filed. (8/28/1978)
198.280   Election districts — election of directors — terms — qualifications — declaration of candidacy — appointed if no candidate — no election required when. (8/28/2001)
198.290   Powers of board of directors — first meeting — officers — bylaws — time for meetings. (8/28/1963)
198.300   Powers of nursing home district. (8/28/1991)
198.301   Whistleblower protection for employees — availability of information on rights of persons retaliated against. (8/28/2003)
198.305   Unsuitable site, may be changed, when. (8/28/1991)
198.310   Indebtedness for nursing home — election — ballot — limits — tax to pay. (8/28/2013)
198.312   Revenue bonds authorized, when. (8/28/1978)
198.314   Revenue bonds not an indebtedness of the issuing authority. (8/28/1978)
198.316   Revenue bonds, form of, interest rate — to be negotiable instruments. (8/28/1978)
198.318   Board of directors to prescribe form, make necessary covenants, restrictions — bondholders, remedies of — revenue bonds, not to be exclusive method of financing. (8/28/1978)
198.320   Annexation of territory to district — election. (8/28/1978)
198.330   Records of district — officers and employees to give bond. (8/28/1963)
198.340   Board as trustee may accept and hold property donated — duties. (8/28/1963)
198.345   Apartments for seniors, districts may establish (counties of third and fourth classification). (8/28/2013)
198.350   Citation of law. (8/28/1963)
198.360   Dissolution of district. (8/28/1978)
NURSING FACILITY REIMBURSEMENT ALLOWANCE
198.401   Nursing facility reimbursement allowance, definitions. (8/28/1994)
198.403   Formula set forth in rules. (8/28/1994)
198.406   Records required, transmittal to department — elements of report, determinations. (8/28/1994)
198.409   Determination of amount due — notification, payments — offset allowed. (8/28/1994)
198.412   Finality of determination, protest — hearing, reconsideration, appeal. (8/28/1994)
198.416   Forms and content set forth in rule. (8/28/1994)
198.418   Remittance of amount — nursing facility reimbursement allowance fund, purpose, restrictions — nursing facility quality of care fund, purpose, restrictions. (8/28/1994)
198.421   Allowance period, notification by department, delinquent allowance — lien, enforcement, sanctions — effect upon license. (8/28/2014)
198.424   No effect upon tax-exempt status. (8/28/1994)
198.427   Medicaid provider agreements, payments, rate, computation. (8/28/1994)
198.428   Medicaid eligibility presumed pending approval or denial of application, when. (8/28/2014)
198.431   Contingent application of requirements — disbursement of fund, when. (8/28/1994)
198.433   Imposition of allowance, when. (8/28/1994)
198.436   Rules, regulations, promulgation, procedure. (8/28/1995)
198.439   Expiration date. (8/28/2020)
ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT
198.500   Citation of law. (8/28/1996)
198.505   Definitions. (8/28/1996)
198.510   Disclosure required, by whom — licensing department, duties — department of health and senior services, duties. (8/28/2014)
198.515   Alzheimer's facilities, informational documents required — department, duties — licensing department, verification. (8/28/2014)
INSPECTION REQUIREMENTS
198.525   Inspection of certain long-term care facilities, when — restrictions on surveyors, required disclosures — immediate family member defined — conflict of interest, when. (8/28/2009)
198.526   Biannual inspections — reevaluation of inspection process — reduction in inspection schedule, when — disclosure of inspection schedule limited, penalty for violation. (8/28/2003)
198.527   Inspectors and surveyors of long-term care facilities — uniformity of application of regulation standards. (8/28/2012)
198.528   Long-term care facility information to be provided on department internet website. (8/28/2003)
MANAGED CARE SERVICES PROVIDED IN FACILITIES
198.530   Managed care services provided in long-term care facilities, when, conditions — reimbursement rate — services included. (8/28/1999)
INVESTIGATION OF COMPLAINTS
198.532   Investigation of complaints — results provided, when. (8/28/2003)
198.533   Conflict of interest, state investigators. (8/28/1999)
198.534   Rulemaking authority. (8/28/1999)
INFORMAL DISPUTE RESOLUTION
198.545   Definitions — contracting with third parties — department to establish IDR process, procedures — rulemaking authority. (8/28/2009)
AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES ACT
198.610   Citation of law — definitions. (8/28/2020)
198.612   Placement of electronic monitoring device — immunity from liability, when — release of recordings, when — rulemaking authority. (8/28/2020)
198.614   Unauthorized placement of electronic monitoring device — immunity from liability, when. (8/28/2020)
198.616   Acknowledgment form, contents. (8/28/2020)
198.618   Resident sole authority to request monitoring — exception for lack of capacity, requirements. (8/28/2020)
198.620   Request procedure — form, contents — consent requirements — recordkeeping requirements — access to footage, when. (8/28/2020)
198.622   Facility to permit monitoring, requirements. (8/28/2020)
198.624   Abuse or neglect of resident, use of footage, reporting requirements. (8/28/2020)
198.626   Admissibility of footage in court or administrative proceeding, when. (8/28/2020)
198.628   Notice of electronic monitoring to be posted. (8/28/2020)
198.630   Sanctions, when — administrative penalty, when. (8/28/2020)
198.632   Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. (8/28/2020)
 - Cross References
Advance health care directives registry, 459.250
Advocacy and assistance office — established in lieutenant governor's office, 660.620 to 660.625
AIDS patients, nursing homes limited to AIDS treatment, certificate of need not required, 197.316
All license, permit and certificate applications shall contain the Social Security number of the applicant, 324.024
Certificate of need not required for certain facilities controlled by religious organization, 197.312
Certificate of need, St. Louis residential care facilities and assisted living facilities, no certificate of need required, 197.312
Comprehensive emergency medical services systems act, 190.001 to 190.245
Family care safety registry and access line, 210.900 to 210.936
Financial exploitation of the elderly, crime of, 570.145
Health care assistance payments fraud and abuse, 191.900 to 191.914
Identification badges, health care facilities personnel required to wear, when, 197.705
License for administrator of assisted living facilities required, limitations, 344.020
Long-term care facility residents, office of state ombudsman, protection and care of residents, powers and duties, 192.2300 to 192.2315
Long-term care insurance premium tax credit, 135.096
Nursing home employees, criminal history background checks required, persons with criminal history not to be hired, when, 192.2495
Nursing home Medicaid per diem rate, recalculation, amount, 208.225
Sexual contact or intercourse with a skilled nursing or Alzheimer's resident, crime of, penalties, consent not a defense, 566.116
Skilled nursing care facilities, a license for assisted living facilities insufficient, 344.020
Tuberculosis testing rules for nursing homes, 199.350

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22 Sep 2020 13:17


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