FIRST REGULAR SESSION
SENATE BILL NO. 689
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
2746S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 198.022, RSMo, and to enact in lieu thereof one new section relating to
inspections of certain long-term care facilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 198.022, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 198.022, 2
to read as follows:3
198.022. 1. Upon receipt of an application for a 1
license to operate a facility, the department shall review 2
the application, investigate the applicant and the 3
statements sworn to in the application for license and 4
conduct any necessary inspections. A license shall be 5
issued if the following requirements are met: 6
(1) The statements in the application are true and 7
correct; 8
(2) The facility and the operator are in substantial 9
compliance with the provisions of sections 198.003 to 10
198.096 and the standards established thereunder; 11
(3) The applicant has the financial capacity to 12
operate the facility; 13
(4) The administrator of an assisted living facility, 14
a skilled nursing facility, or an intermediate care facility 15
is currently licensed under the provisions of chapter 344; 16
(5) Neither the operator nor any principals in the 17
operation of the facility have ever been convicted of a 18 SB 689 2
felony offense concerning the operation of a long -term 19
health care facility or other health care facility or ever 20
knowingly acted or knowingly failed to perform any duty 21
which materially and adversely affected the health, safety, 22
welfare or property of a resident, while acting in a 23
management capacity. The operator of the facility or any 24
principal in the operation of the facility shall not be 25
under exclusion from participation in the Title XVIII 26
(Medicare) or Title X IX (Medicaid) program of any state or 27
territory; 28
(6) Neither the operator nor any principals involved 29
in the operation of the facility have ever been convicted of 30
a felony in any state or federal court arising out of 31
conduct involving either mana gement of a long-term care 32
facility or the provision or receipt of health care; 33
(7) All fees due to the state have been paid. 34
2. Upon denial of any application for a license, the 35
department shall so notify the applicant in writing, setting 36
forth therein the reasons and grounds for denial. 37
3. The department may inspect any facility and any 38
records and may make copies of records, at the facility, at 39
the department's own expense, required to be maintained by 40
sections 198.003 to 198.096 or by the rules and regulations 41
promulgated thereunder at any time if a license has been 42
issued to or an application for a license has been filed by 43
the operator of such facility. Copies of any records 44
requested by the department shall be prepared by the staff 45
of such facility within two business days or as determined 46
by the department. The department shall not remove or 47
disassemble any medical record during any inspection of the 48
facility, but may observe the photocopying or may make its 49
own copies if the facility does not have the technology to 50 SB 689 3
make the copies. In accordance with the provisions of 51
section 198.525, the department shall make at least one 52
inspection per year, which shall be unannounced to the 53
operator. The department may make such other inspections, 54
announced or unannounced, as it deems necessary to carry out 55
the provisions of sections 198.003 to 198.136. 56
4. Whenever the department has reasonable grounds to 57
believe that a facility required to be licensed under 58
sections 198.003 to 198.096 is operating without a license, 59
and the department is not permitted access to inspect the 60
facility, or when a licensed operator refuses to permit 61
access to the department to inspect the facility, the 62
department shall apply to the c ircuit court of the county in 63
which the premises is located for an order authorizing entry 64
for such inspection, and the court shall issue the order if 65
it finds reasonable grounds for inspection or if it finds 66
that a licensed operator has refused to per mit the 67
department access to inspect the facility. 68
5. Whenever the department is inspecting a facility in 69
response to an application from an operator located outside 70
of Missouri not previously licensed by the department, the 71
department may reques t from the applicant the past five 72
years compliance history of all facilities owned by the 73
applicant located outside of this state. 74
6. If a licensee of a residential care facility or 75
assisted living facility is accredited by a recognized 76
accrediting entity, then the licensee may submit to the 77
department documentation of the licensee's current 78
accreditation status. If a licensee submits to the 79
department documentation from a recognized accrediting 80
entity that the licensee is in good standing, then the 81
department shall not conduct an annual onsite inspection of 82 SB 689 4
the licensee. Nothing in this subsection shall preclude the 83
department from conducting inspections for violations of 84
standards or requirements contained within this chapter or 85
any other applicable law or regulation. As used in this 86
subsection, the term "recognized accrediting entity" shall 87
mean the Joint Commission or another nationally -recognized 88
accrediting entity approved by the department that has 89
specific residential care f acility or assisted living 90
facility program standards equivalent to the standards 91
established by the department under this chapter. 92