Section 197.335

Title XII PUBLIC HEALTH AND WELFARE

Chapter 197

Effective - 01 Jul 1999, see footnote   

  197.335.  Appeals, venue. — Within thirty days of the decision of the committee, the applicant may file an appeal to be heard de novo by the administrative hearing commissioner, the circuit court of Cole County or the circuit court in the county within which such health care service or facility is proposed to be developed.

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(L. 1979 H.B. 222 § 8, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)

Effective 7-1-99

(1984) While a competing facility may be an "affected person" under sections 197.300 to 197.365, it has no right to appeal a decision of the Health Facilities Review Committee.  St. Joseph's Hill Infirmary, Inc. v. Mandl (Mo. App.) 682 S.W.2d 821.

(1987) Competitor of applicant for certificate of need to construct nursing home lacked standing to appeal administrative decision to grant certificate since this section expressly limits participants in an appeal to applicant and the health service agency within the affected area. Comm. Care Ctrs. v. Health  Fac. Rev. Com., 735 S.W.2d 13 (Mo. App.).