Section 198.087

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2006, 3 histories, see footnote   (history) 

  198.087.  Uniformity of application of regulation standards, department's duties. — To ensure uniformity of application of regulation standards in long-term care facilities throughout the state, the department of social services shall:

  (1) Evaluate the requirements for inspectors or surveyors of facilities, including the eligibility, training and testing requirements for the position.  Based on the evaluation, the department shall develop and implement additional training and knowledge standards for inspectors and surveyors;

  (2) Periodically evaluate the performance of the inspectors or surveyors regionally and statewide to identify any deviations or inconsistencies in regulation application. At a minimum, the Missouri on-site surveyor evaluation process, and the number and type of actions overturned by the informal dispute resolution process and formal appeal shall be used in the evaluation. Based on such evaluation, the department shall develop standards and a retraining process for the region, state, or individual inspector or surveyor, as needed;

  (3) In addition to the provisions of subdivisions (1) and (2) of this section, the department shall develop a single uniform comprehensive and mandatory course of instruction for inspectors/surveyors on the practical application of enforcement of statutes, rules and regulations. Such course shall also be open to attendance by administrators and staff of facilities licensed pursuant to this chapter;

  (4) With the full cooperation of and in conjunction with the department of health and senior services, evaluate the implementation and compliance of the provisions of subdivision (3) of subsection 1 of section 198.012 in which rules, requirements, regulations and standards pursuant to section 197.080, RSMo, for residential care facilities II, intermediate care facilities and skilled nursing facilities attached to an acute care hospital are consistent with the intent of this chapter. A report of the differences found in the evaluation conducted pursuant to this subdivision shall be made jointly by the departments of social services and health and senior services to the governor and members of the general assembly by January 1, 2008; and

  (5) With the full cooperation and in conjunction with the department of health and senior services, develop rules and regulations requiring the exchange of information, including regulatory violations, between the departments to ensure the protection of individuals who are served by health care providers regulated by either the department of health and senior services or the department of social services.

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(L. 1999 S.B. 326 § 11, A.L. 2006 S.B. 616)