198.036. Revocation of license--grounds--notice required.
Revocation of license--grounds--notice required.
198.036. 1. The department may revoke a license in any case in whichit finds that:
(1) The operator failed or refused to comply with class I or IIstandards, as established by the department pursuant to section 198.085; orfailed or refused to comply with class III standards as established by thedepartment pursuant to section 198.085, where the aggregate effect of suchnoncompliances presents either an imminent danger to the health, safety orwelfare of any resident or a substantial probability that death or seriousphysical harm would result;
(2) The operator refused to allow representatives of the departmentto inspect the facility for compliance with standards or deniedrepresentatives of the department access to residents and employeesnecessary to carry out the duties set forth in this chapter and rulespromulgated thereunder, except where employees of the facility are in theprocess of rendering immediate care to a resident of such facility;
(3) The operator knowingly acted or knowingly omitted any duty in amanner which would materially and adversely affect the health, safety,welfare or property of a resident;
(4) The operator demonstrated financial incapacity to operate andconduct the facility in accordance with the provisions of sections 198.003to 198.096;
(5) The operator or any principals in the operation of the facilityhave ever been convicted of, or pled guilty or nolo contendere to a felonyoffense concerning the operation of a long-term health care facility orother health care facility, or ever knowingly acted or knowingly failed toperform any duty which materially and adversely affected the health,safety, welfare, or property of a resident while acting in a managementcapacity. The operator of the facility or any principal in the operationof the facility shall not be under exclusion from participation in theTitle XVIII (Medicare) or Title XIX (Medicaid) program of any state orterritory; or
(6) The operator or any principals involved in the operation of thefacility have ever been convicted of or pled guilty or nolo contendere to afelony in any state or federal court arising out of conduct involvingeither management of a long-term care facility or the provision or receiptof health care.
2. Nothing in subdivision (2) of subsection 1 of this section shallbe construed as allowing the department access to information not necessaryto carry out the duties set forth in sections 198.006 to 198.186.
3. Upon revocation of a license, the director of the department shallso notify the operator in writing, setting forth the reason and grounds forthe revocation. Notice of such revocation shall be sent either bycertified mail, return receipt requested, to the operator at the address ofthe facility, or served personally upon the operator. The department shallprovide the operator notice of such revocation at least ten days prior toits effective date.
(L. 1979 S.B. 328, et al. § 12, A.L. 2003 S.B. 556 & 311)(1987) It has been held that the legislature did not intend that a single non-life-threatening incident would be sufficient to justify a license revocation under this section. Villines v. Division of Aging, 722 S.W.2d 939 (Mo.banc).