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-sta
Duty of department on receipt of application--duty upondenial--department may copy records at its expense--removal ofrecords prohibited--inspection, when--court order toinspect--out-of-state applicants, compliance history may berequested.
198.022. 1. Upon receipt of an application for a license to operate afacility, the department shall review the application, investigate theapplicant and the statements sworn to in the application for license andconduct any necessary inspections. A license shall be issued if the followingrequirements are met:
(1) The statements in the application are true and correct;
(2) The facility and the operator are in substantial compliance with theprovisions of sections 198.003 to 198.096 and the standards establishedthereunder;
(3) The applicant has the financial capacity to operate the facility;
(4) The administrator of an assisted living facility, a skilled nursingfacility, or an intermediate care facility is currently licensed under theprovisions of chapter 344, RSMo;
(5) Neither the operator nor any principals in the operation of thefacility have ever been convicted of a felony offense concerning the operationof a long-term health care facility or other health care facility or everknowingly acted or knowingly failed to perform any duty which materially andadversely affected the health, safety, welfare or property of a resident,while acting in a management capacity. The operator of the facility or anyprincipal in the operation of the facility shall not be under exclusion fromparticipation in the Title XVIII (Medicare) or Title XIX (Medicaid) program ofany state or territory;
(6) Neither the operator nor any principals involved in the operation ofthe facility have ever been convicted of a felony in any state or federalcourt arising out of conduct involving either management of a long-term carefacility or the provision or receipt of health care;
(7) All fees due to the state have been paid.
2. Upon denial of any application for a license, the department shall sonotify the applicant in writing, setting forth therein the reasons and groundsfor denial.
3. The department may inspect any facility and any records and may makecopies of records, at the facility, at the department's own expense, requiredto be maintained by sections 198.003 to 198.096 or by the rules andregulations promulgated thereunder at any time if a license has been issued toor an application for a license has been filed by the operator of suchfacility. Copies of any records requested by the department shall be preparedby the staff of such facility within two business days or as determined by thedepartment. The department shall not remove or disassemble any medical recordduring any inspection of the facility, but may observe the photocopying or maymake its own copies if the facility does not have the technology to make thecopies. In accordance with the provisions of section 198.525, the departmentshall make at least two inspections per year, at least one of which shall beunannounced to the operator. The department may make such other inspections,announced or unannounced, as it deems necessary to carry out the provisions ofsections 198.003 to 198.136.
4. Whenever the department has reasonable grounds to believe that afacility required to be licensed under sections 198.003 to 198.096 isoperating without a license, and the department is not permitted access toinspect the facility, or when a licensed operator refuses to permit access tothe department to inspect the facility, the department shall apply to thecircuit court of the county in which the premises is located for an orderauthorizing entry for such inspection, and the court shall issue the order ifit finds reasonable grounds for inspection or if it finds that a licensedoperator has refused to permit the department access to inspect the facility.
5. Whenever the department is inspecting a facility in response to anapplication from an operator located outside of Missouri not previouslylicensed by the department, the department may request from the applicant thepast five years compliance history of all facilities owned by the applicantlocated outside of this state.
(L. 1979 S.B. 328, et al. § 8, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 2003 S.B. 556 & 311)*Editorial change required by § 198.005.