Missouri Revised Statutes
Chapter 198
Convalescent, Nursing and Boarding Homes
←198.009
Section 198.012.1
198.014→
August 28, 2015
Provisions of sections 198.003 to 198.136 not to apply, when--exempt entities may be licensed.
198.012. 1. The provisions of sections 198.003 to 198.136 shall not
apply to any of the following entities:
(1) Any hospital, facility or other entity operated by the state or
the United States;
(2) Any facility or other entity otherwise licensed by the state and
operating exclusively under such license and within the limits of such
license, unless the activities and services are or are held out as being
activities or services normally provided by a licensed facility under
sections 198.003 to 198.186, 198.200, 208.030, and 208.159, except
hospitals licensed under the provisions of chapter 197;
(3) Any hospital licensed under the provisions of chapter 197,
provided that the assisted living facility, intermediate care facility or
skilled nursing facility are physically attached to the acute care
hospital; and provided further that the department of health and senior
services in promulgating rules, regulations and standards pursuant to
section 197.080, with respect to such facilities, shall establish
requirements and standards for such hospitals consistent with the intent of
this chapter, and sections 198.067, 198.070, 198.090, 198.093 and 198.139
to 198.180 shall apply to every assisted living facility, intermediate care
facility or skilled nursing facility regardless of physical proximity to
any other health care facility;
(4) Any facility licensed pursuant to sections 630.705 to 630.760
which provides care, treatment, habilitation and rehabilitation exclusively
to persons who have a primary diagnosis of mental disorder, mental illness,
or developmental disabilities, as defined in section 630.005;
(5) Any provider of care under a life care contract, except to any
portion of the provider's premises on which the provider offers services
provided by an intermediate care facility or skilled nursing facility as
defined in section 198.006. For the purposes of this section, "provider of
care under a life care contract" means any person contracting with any
individual to furnish specified care and treatment to the individual for
the life of the individual, with significant prepayment for such care and
treatment.
2. Nothing in this section shall prohibit any of these entities from
applying for a license under sections 198.003 to 198.136.
(L. 1979 S.B. 328, et al. § 5, A.L. 1980 H.B. 1724, A.L. 1982 S.B.
698, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1989 H.B. 210,
A.L. 2011 H.B. 555 merged with H.B. 648)
CROSS REFERENCE:
Missouri veterans homes, nursing home license not required, 42.130
1991
1991
198.012. 1. The provisions of sections 198.003 to 198.136 shall not
apply to any of the following entities:
(1) Any hospital, facility or other entity operated by the state or the
United States;
(2) Any facility or other entity otherwise licensed by the state and
operating exclusively under such license and within the limits of such
license, unless the activities and services are or are held out as being
activities or services normally provided by a licensed facility under sections
198.003 to 198.186, 198.200, 208.030, and 208.159, except hospitals licensed
under the provisions of chapter 197;
(3) Any hospital licensed under the provisions of chapter 197, provided
that the assisted living facility, intermediate care facility or skilled
nursing facility are physically attached to the acute care hospital; and
provided further that the department of health and senior services in
promulgating rules, regulations and standards pursuant to section 197.080,
with respect to such facilities, shall establish requirements and standards
for such hospitals consistent with the intent of this chapter, and sections
198.067, 198.070, 198.090, 198.093 and 198.139 to 198.180 shall apply to
every assisted living facility, intermediate care facility or skilled nursing
facility regardless of physical proximity to any other health care facility;
(4) Any facility licensed pursuant to sections 630.705 to 630.760 which
provides care, treatment, habilitation and rehabilitation exclusively to
persons who have a primary diagnosis of mental disorder, mental illness,
mental retardation or developmental disabilities, as defined in section
630.005;
(5) Any provider of care under a life care contract, except to any
portion of the provider's premises on which the provider offers services
provided by an intermediate care facility or skilled nursing facility as
defined in section 198.006. For the purposes of this section, "provider of
care under a life care contract" means any person contracting with any
individual to furnish specified care and treatment to the individual for the
life of the individual, with significant prepayment for such care and
treatment.
2. Nothing in this section shall prohibit any of these entities from
applying for a license under sections 198.003 to 198.136.
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