198.421. Allowance period, notification by department, delinquent allowance--lien, enforcement, sanctions--effect upon license.

Allowance period, notification by department, delinquentallowance--lien, enforcement, sanctions--effect upon license.

198.421. 1. A nursing facility reimbursement allowanceperiod as provided in sections 198.401 to 198.436 shall be fromthe first day of October to the thirtieth day of September. Thedepartment shall notify each nursing facility with a balance dueon the thirtieth day of September of each year the amount of suchbalance due. If any nursing home fails to pay its nursingfacility reimbursement allowance within thirty days of suchnotice, the reimbursement allowance shall be delinquent. Thereimbursement allowance may remain unpaid during an appeal or asallowed in section 198.412.

2. Except as otherwise provided in this section, if anyreimbursement allowance imposed under the provision of section198.401 for a previous reimbursement allowance period is unpaidand delinquent, the department of social services may proceed toenforce the state's lien against the property of the nursingfacility and to compel the payment of such reimbursementallowance in the circuit court having jurisdiction in the countywhere the nursing facility is located. In addition, the directorof the department of social services or the director's designeemay cancel or refuse to issue, extend or reinstate a Medicaidprovider agreement to any nursing facility which fails to paysuch delinquent reimbursement allowance required by section198.401 unless under appeal as allowed in section 198.412.

3. Except as otherwise provided in this section, failure topay a delinquent reimbursement allowance imposed under section198.401 shall be grounds for denial, suspension or revocation ofa license granted under this chapter. The director of thedepartment of social services may deny, suspend or revoke thelicense of any nursing facility which fails to pay a delinquentreimbursement allowance unless under appeal as allowed in section198.412.

(L. 1994 H.B. 1362 § 8)

Expires 9-30-11