197.293. Licensure regulations, standards used by the department of health and senior services for enforcement.
Licensure regulations, standards used by the department of health andsenior services for enforcement.
197.293. 1. In addition to the powers established in sections197.070 and 197.220, the department of health and senior services shall usethe following standards for enforcing hospital and ambulatory surgicalcenter licensure regulations promulgated to enforce the provisions ofsections 197.010 to 197.120, sections 197.150 to 197.165, and sections197.200 to 197.240:
(1) Upon notification of a deficiency in meeting regulatorystandards, the hospital or ambulatory surgical center shall develop andimplement a plan of correction approved by the department which includes,but is not limited to, the specific type of corrective action to be takenand an estimated time to complete such action;
(2) If the plan as implemented does not correct the deficiency, thedepartment may either:
(a) Direct the hospital or ambulatory surgical center to develop andimplement a plan of correction pursuant to subdivision (1) of thissubsection; or
(b) Require the hospital or ambulatory surgical center to implement aplan of correction developed by the department;
(3) If there is a continuing deficiency after implementation of theplan of correction pursuant to subdivision (2) of this subsection and thehospital or ambulatory surgical center has had an opportunity to correctsuch deficiency, the department may restrict new inpatient admissions oroutpatient entrants to the service or services affected by such deficiency;
(4) If there is a continuing deficiency after the departmentrestricts new inpatient admissions or outpatient entrants to the service orservices pursuant to subdivision (3) of this subsection and the hospital orambulatory surgical center has had an opportunity to correct suchdeficiency, the department may suspend operations in all or part of theservice or services affected by such deficiency;
(5) If there is a continuing deficiency after suspension ofoperations pursuant to subdivision (4) of this subsection, the departmentmay deny, suspend or revoke the hospital's or ambulatory surgical center'slicense pursuant to section 197.070 or section 197.220.
2. Notwithstanding the provisions of subsection 1 of this section tothe contrary, if a deficiency in meeting licensure standards presents animmediate and serious threat to the patients' health and safety, thedepartment may, based on the scope and severity of the deficiency, restrictaccess to the service or services affected by the deficiency until thehospital or ambulatory surgical center has developed and implemented anapproved plan of correction. Decisions as to whether a deficiencyconstitutes an immediate and serious threat to the patients' health andsafety shall be made in accordance with guidelines established pursuant toregulation of the department of health and senior services and suchdecisions shall be approved by the bureau of health facility licensing inthe department of health and senior services, or its successor agency, orby a person authorized by the regulations to approve such decisions in theabsence of the director.
(L. 2000 S.B. 788 § 4, A.L. 2004 S.B. 1279)