Noncompliance, how determined--procedure tocorrect--notice--reinspection--probationary license.
198.026. 1. Whenever a duly authorized representative ofthe department finds upon an inspection of a facility that it isnot in compliance with the provisions of sections 198.003 to198.096 and the standards established thereunder, the operator oradministrator shall be informed of the deficiencies in an exitinterview conducted with the operator or administrator or hisdesignee. The department shall inform the operator oradministrator, in writing, of any violation of a class I standardat the time the determination is made. A written report shall beprepared of any deficiency for which there has not been promptremedial action, and a copy of such report and a writtencorrection order shall be sent to the operator or administratorby certified mail or other delivery service that provides a datedreceipt of delivery at the facility address within ten workingdays after the inspection, stating separately each deficiency andthe specific statute or regulation violated.
2. The operator or administrator shall have five workingdays following receipt of a written report and correction orderregarding a violation of a class I standard and ten working daysfollowing receipt of the report and correction order regardingviolations of class II or class III standards to request anyconference and to submit a plan of correction for thedepartment's approval which contains specific dates for achievingcompliance. Within five working days after receiving a plan ofcorrection regarding a violation of a class I standard and withinten working days after receiving a plan of correction regarding aviolation of a class II or III standard, the department shallgive its written approval or rejection of the plan. If there wasa violation of any class I standard, immediate corrective actionshall be taken by the operator or administrator and a writtenplan of correction shall be submitted to the department. Thedepartment shall give its written approval or rejection of theplan and if the plan is acceptable, a reinspection shall beconducted within twenty calendar days of the exit interview todetermine if deficiencies have been corrected. If there was aviolation of any class II standard and the plan of correction isacceptable, an unannounced reinspection shall be conductedbetween forty and ninety calendar days from the date of the exitconference to determine the status of all previously citeddeficiencies. If there was a violation of class III standardssufficient to establish that the facility was not in substantialcompliance, an unannounced reinspection shall be conducted withinone hundred twenty days of the exit interview to determine thestatus of previously identified deficiencies.
3. If, following the reinspection, the facility is foundnot in substantial compliance with sections 198.003 to 198.096and the standards established thereunder or the operator is notcorrecting the noncompliance in accordance with the approved planof correction, the department shall issue a notice ofnoncompliance, which shall be sent by certified mail or otherdelivery service that provides a dated receipt of delivery toeach person disclosed to be an owner or operator of the facility,according to the most recent information or documents on filewith the department.
4. The notice of noncompliance shall inform the operator oradministrator that the department may seek the imposition of anyof the sanctions and remedies provided for in section 198.067, orany other action authorized by law.
5. At any time after an inspection is conducted, theoperator may choose to enter into a consent agreement with thedepartment to obtain a probationary license. The consentagreement shall include a provision that the operator willvoluntarily surrender the license if substantial compliance isnot reached in accordance with the terms and deadlinesestablished under the agreement. The agreement shall specify thestages, actions and time span to achieve substantial compliance.
6. Whenever a notice of noncompliance has been issued, theoperator shall post a copy of the notice of noncompliance and acopy of the most recent inspection report in a conspicuouslocation in the facility, and the department shall send a copy ofthe notice of noncompliance to the division of family services ofthe department of social services, the department of mentalhealth, and any other concerned federal, state or localgovernmental agencies.
Noncompliance, how determined--procedure tocorrect--notice--reinspection--probationary license.
198.026. 1. Whenever a duly authorized representative ofthe department finds upon an inspection of a facility that it isnot in compliance with the provisions of sections 198.003 to198.096 and the standards established thereunder, the operator oradministrator shall be informed of the deficiencies in an exitinterview conducted with the operator or administrator or hisdesignee. The department shall inform the operator oradministrator, in writing, of any violation of a class I standardat the time the determination is made. A written report shall beprepared of any deficiency for which there has not been promptremedial action, and a copy of such report and a writtencorrection order shall be sent to the operator or administratorby certified mail or other delivery service that provides a datedreceipt of delivery at the facility address within ten workingdays after the inspection, stating separately each deficiency andthe specific statute or regulation violated.
2. The operator or administrator shall have five workingdays following receipt of a written report and correction orderregarding a violation of a class I standard and ten working daysfollowing receipt of the report and correction order regardingviolations of class II or class III standards to request anyconference and to submit a plan of correction for thedepartment's approval which contains specific dates for achievingcompliance. Within five working days after receiving a plan ofcorrection regarding a violation of a class I standard and withinten working days after receiving a plan of correction regarding aviolation of a class II or III standard, the department shallgive its written approval or rejection of the plan. If there wasa violation of any class I standard, immediate corrective actionshall be taken by the operator or administrator and a writtenplan of correction shall be submitted to the department. Thedepartment shall give its written approval or rejection of theplan and if the plan is acceptable, a reinspection shall beconducted within twenty calendar days of the exit interview todetermine if deficiencies have been corrected. If there was aviolation of any class II standard and the plan of correction isacceptable, an unannounced reinspection shall be conductedbetween forty and ninety calendar days from the date of the exitconference to determine the status of all previously citeddeficiencies. If there was a violation of class III standardssufficient to establish that the facility was not in substantialcompliance, an unannounced reinspection shall be conducted withinone hundred twenty days of the exit interview to determine thestatus of previously identified deficiencies.
3. If, following the reinspection, the facility is foundnot in substantial compliance with sections 198.003 to 198.096and the standards established thereunder or the operator is notcorrecting the noncompliance in accordance with the approved planof correction, the department shall issue a notice ofnoncompliance, which shall be sent by certified mail or otherdelivery service that provides a dated receipt of delivery toeach person disclosed to be an owner or operator of the facility,according to the most recent information or documents on filewith the department.
4. The notice of noncompliance shall inform the operator oradministrator that the department may seek the imposition of anyof the sanctions and remedies provided for in section 198.067, orany other action authorized by law.
5. At any time after an inspection is conducted, theoperator may choose to enter into a consent agreement with thedepartment to obtain a probationary license. The consentagreement shall include a provision that the operator willvoluntarily surrender the license if substantial compliance isnot reached in accordance with the terms and deadlinesestablished under the agreement. The agreement shall specify thestages, actions and time span to achieve substantial compliance.
6. Whenever a notice of noncompliance has been issued, theoperator shall post a copy of the notice of noncompliance and acopy of the most recent inspection report in a conspicuouslocation in the facility, and the department shall send a copy ofthe notice of noncompliance to the division of family services ofthe department of social services, the department of mentalhealth, and any other concerned federal, state or localgovernmental agencies.
Noncompliance, how determined--procedure tocorrect--notice--reinspection--probationary license.
198.026. 1. Whenever a duly authorized representative ofthe department finds upon an inspection of a facility that it isnot in compliance with the provisions of sections 198.003 to198.096 and the standards established thereunder, the operator oradministrator shall be informed of the deficiencies in an exitinterview conducted with the operator or administrator or hisdesignee. The department shall inform the operator oradministrator, in writing, of any violation of a class I standardat the time the determination is made. A written report shall beprepared of any deficiency for which there has not been promptremedial action, and a copy of such report and a writtencorrection order shall be sent to the operator or administratorby certified mail or other delivery service that provides a datedreceipt of delivery at the facility address within ten workingdays after the inspection, stating separately each deficiency andthe specific statute or regulation violated.
2. The operator or administrator shall have five workingdays following receipt of a written report and correction orderregarding a violation of a class I standard and ten working daysfollowing receipt of the report and correction order regardingviolations of class II or class III standards to request anyconference and to submit a plan of correction for thedepartment's approval which contains specific dates for achievingcompliance. Within five working days after receiving a plan ofcorrection regarding a violation of a class I standard and withinten working days after receiving a plan of correction regarding aviolation of a class II or III standard, the department shallgive its written approval or rejection of the plan. If there wasa violation of any class I standard, immediate corrective actionshall be taken by the operator or administrator and a writtenplan of correction shall be submitted to the department. Thedepartment shall give its written approval or rejection of theplan and if the plan is acceptable, a reinspection shall beconducted within twenty calendar days of the exit interview todetermine if deficiencies have been corrected. If there was aviolation of any class II standard and the plan of correction isacceptable, an unannounced reinspection shall be conductedbetween forty and ninety calendar days from the date of the exitconference to determine the status of all previously citeddeficiencies. If there was a violation of class III standardssufficient to establish that the facility was not in substantialcompliance, an unannounced reinspection shall be conducted withinone hundred twenty days of the exit interview to determine thestatus of previously identified deficiencies.
3. If, following the reinspection, the facility is foundnot in substantial compliance with sections 198.003 to 198.096and the standards established thereunder or the operator is notcorrecting the noncompliance in accordance with the approved planof correction, the department shall issue a notice ofnoncompliance, which shall be sent by certified mail or otherdelivery service that provides a dated receipt of delivery toeach person disclosed to be an owner or operator of the facility,according to the most recent information or documents on filewith the department.
4. The notice of noncompliance shall inform the operator oradministrator that the department may seek the imposition of anyof the sanctions and remedies provided for in section 198.067, orany other action authorized by law.
5. At any time after an inspection is conducted, theoperator may choose to enter into a consent agreement with thedepartment to obtain a probationary license. The consentagreement shall include a provision that the operator willvoluntarily surrender the license if substantial compliance isnot reached in accordance with the terms and deadlinesestablished under the agreement. The agreement shall specify thestages, actions and time span to achieve substantial compliance.
6. Whenever a notice of noncompliance has been issued, theoperator shall post a copy of the notice of noncompliance and acopy of the most recent inspection report in a conspicuouslocation in the facility, and the department shall send a copy ofthe notice of noncompliance to the division of family services ofthe department of social services, the department of mentalhealth, and any other concerned federal, state or localgovernmental agencies.
