Applications for license, how made--fees--affidavit--documentsrequired to be filed--nursing facility quality of care fundcreated--facilities may not be licensed by politicalsubdivisions, but they may inspect.
198.018. 1. Applications for a license shall be made to thedepartment by the operator upon such forms and including such informationand documents as the department may reasonably require by rule orregulation for the purposes of administering sections 198.003 to 198.186,section 198.200, and sections 208.030 and 208.159, RSMo.
2. The applicant shall submit all documents required by thedepartment under this section attesting by signature that the statementscontained in the application are true and correct to the best of theapplicant's knowledge and belief, and that all required documents areeither included with the application or are currently on file with thedepartment.
3. The application shall be accompanied by a license fee in an amountestablished by the department. The fee established by the department shallnot exceed six hundred dollars, and shall be a graduated fee based on thelicensed capacity of the applicant and the duration of the license. A feeof not more than fifty dollars shall be charged for any amendments to alicense initiated by an applicant. In addition, facilities certified toparticipate in the Medicaid or Medicare programs shall pay a certificationfee of up to one thousand dollars annually, payable on or before Octoberfirst of each year. The amount remitted for the license fee, fee foramendments to a license, or certification fee shall be deposited in thestate treasury to the credit of the "Nursing Facility Quality of CareFund", which is hereby created. All investment earnings of the nursingfacility quality of care fund shall be credited to such fund. All moneysin the nursing facility quality of care fund shall, upon appropriation, beused by the division of aging for conducting inspections and surveys, andproviding training and technical assistance to facilities licensed underthe provisions of this chapter. The unexpended balance in the nursingfacility quality of care fund at the end of the biennium is exempt from theprovisions of sections 33.080, RSMo. The unexpended balance in the nursingfacility quality of care fund shall not revert to the general revenue fund,but shall accumulate in the nursing facility quality of care fund from yearto year.
4. Within ten working days of the effective date of any document thatreplaces, succeeds, or amends any of the documents required by thedepartment to be filed pursuant to this section, an operator shall filewith the department a copy of such document. The operator shall attest bysignature that the document is true and correct. If the operator knowinglyfails to file a required document or provide any information amending anydocument within the time provided for in this section, a circuit court may,upon application of the department or the attorney general, assess apenalty of up to fifty dollars per document for each day past the requireddate of filing.
5. If an operator fails to file documents or amendments to documentsas required pursuant to this section and such failure is part of a patternor practice of concealment, such failure shall be sufficient grounds forrevocation of a license or disapproval of an application for a license.
6. Any facility defined in subdivision (8), (15), (16) or (17) ofsection 198.006 that is licensed by the state of Missouri pursuant to theprovisions of section 198.015 may not be licensed, certified or registeredby any other political subdivision of the state of Missouri whether or notit has taxing power, provided, however, that nothing in this subsectionshall prohibit a county or city, otherwise empowered under law, to inspectsuch facility for compliance with local ordinances of food service or firesafety.
Applications for license, how made--fees--affidavit--documentsrequired to be filed--nursing facility quality of care fundcreated--facilities may not be licensed by politicalsubdivisions, but they may inspect.
198.018. 1. Applications for a license shall be made to thedepartment by the operator upon such forms and including such informationand documents as the department may reasonably require by rule orregulation for the purposes of administering sections 198.003 to 198.186,section 198.200, and sections 208.030 and 208.159, RSMo.
2. The applicant shall submit all documents required by thedepartment under this section attesting by signature that the statementscontained in the application are true and correct to the best of theapplicant's knowledge and belief, and that all required documents areeither included with the application or are currently on file with thedepartment.
3. The application shall be accompanied by a license fee in an amountestablished by the department. The fee established by the department shallnot exceed six hundred dollars, and shall be a graduated fee based on thelicensed capacity of the applicant and the duration of the license. A feeof not more than fifty dollars shall be charged for any amendments to alicense initiated by an applicant. In addition, facilities certified toparticipate in the Medicaid or Medicare programs shall pay a certificationfee of up to one thousand dollars annually, payable on or before Octoberfirst of each year. The amount remitted for the license fee, fee foramendments to a license, or certification fee shall be deposited in thestate treasury to the credit of the "Nursing Facility Quality of CareFund", which is hereby created. All investment earnings of the nursingfacility quality of care fund shall be credited to such fund. All moneysin the nursing facility quality of care fund shall, upon appropriation, beused by the division of aging for conducting inspections and surveys, andproviding training and technical assistance to facilities licensed underthe provisions of this chapter. The unexpended balance in the nursingfacility quality of care fund at the end of the biennium is exempt from theprovisions of sections 33.080, RSMo. The unexpended balance in the nursingfacility quality of care fund shall not revert to the general revenue fund,but shall accumulate in the nursing facility quality of care fund from yearto year.
4. Within ten working days of the effective date of any document thatreplaces, succeeds, or amends any of the documents required by thedepartment to be filed pursuant to this section, an operator shall filewith the department a copy of such document. The operator shall attest bysignature that the document is true and correct. If the operator knowinglyfails to file a required document or provide any information amending anydocument within the time provided for in this section, a circuit court may,upon application of the department or the attorney general, assess apenalty of up to fifty dollars per document for each day past the requireddate of filing.
5. If an operator fails to file documents or amendments to documentsas required pursuant to this section and such failure is part of a patternor practice of concealment, such failure shall be sufficient grounds forrevocation of a license or disapproval of an application for a license.
6. Any facility defined in subdivision (8), (15), (16) or (17) ofsection 198.006 that is licensed by the state of Missouri pursuant to theprovisions of section 198.015 may not be licensed, certified or registeredby any other political subdivision of the state of Missouri whether or notit has taxing power, provided, however, that nothing in this subsectionshall prohibit a county or city, otherwise empowered under law, to inspectsuch facility for compliance with local ordinances of food service or firesafety.
Applications for license, how made--fees--affidavit--documentsrequired to be filed--nursing facility quality of care fundcreated--facilities may not be licensed by politicalsubdivisions, but they may inspect.
198.018. 1. Applications for a license shall be made to thedepartment by the operator upon such forms and including such informationand documents as the department may reasonably require by rule orregulation for the purposes of administering sections 198.003 to 198.186,section 198.200, and sections 208.030 and 208.159, RSMo.
2. The applicant shall submit all documents required by thedepartment under this section attesting by signature that the statementscontained in the application are true and correct to the best of theapplicant's knowledge and belief, and that all required documents areeither included with the application or are currently on file with thedepartment.
3. The application shall be accompanied by a license fee in an amountestablished by the department. The fee established by the department shallnot exceed six hundred dollars, and shall be a graduated fee based on thelicensed capacity of the applicant and the duration of the license. A feeof not more than fifty dollars shall be charged for any amendments to alicense initiated by an applicant. In addition, facilities certified toparticipate in the Medicaid or Medicare programs shall pay a certificationfee of up to one thousand dollars annually, payable on or before Octoberfirst of each year. The amount remitted for the license fee, fee foramendments to a license, or certification fee shall be deposited in thestate treasury to the credit of the "Nursing Facility Quality of CareFund", which is hereby created. All investment earnings of the nursingfacility quality of care fund shall be credited to such fund. All moneysin the nursing facility quality of care fund shall, upon appropriation, beused by the division of aging for conducting inspections and surveys, andproviding training and technical assistance to facilities licensed underthe provisions of this chapter. The unexpended balance in the nursingfacility quality of care fund at the end of the biennium is exempt from theprovisions of sections 33.080, RSMo. The unexpended balance in the nursingfacility quality of care fund shall not revert to the general revenue fund,but shall accumulate in the nursing facility quality of care fund from yearto year.
4. Within ten working days of the effective date of any document thatreplaces, succeeds, or amends any of the documents required by thedepartment to be filed pursuant to this section, an operator shall filewith the department a copy of such document. The operator shall attest bysignature that the document is true and correct. If the operator knowinglyfails to file a required document or provide any information amending anydocument within the time provided for in this section, a circuit court may,upon application of the department or the attorney general, assess apenalty of up to fifty dollars per document for each day past the requireddate of filing.
5. If an operator fails to file documents or amendments to documentsas required pursuant to this section and such failure is part of a patternor practice of concealment, such failure shall be sufficient grounds forrevocation of a license or disapproval of an application for a license.
6. Any facility defined in subdivision (8), (15), (16) or (17) ofsection 198.006 that is licensed by the state of Missouri pursuant to theprovisions of section 198.015 may not be licensed, certified or registeredby any other political subdivision of the state of Missouri whether or notit has taxing power, provided, however, that nothing in this subsectionshall prohibit a county or city, otherwise empowered under law, to inspectsuch facility for compliance with local ordinances of food service or firesafety.
