Section 198.015

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 01 Jan 2017, 2 histories, see footnote   

  198.015.  License, when required — duration — content — effect of change of ownership — temporary permits — penalty for violation. — 1.  No person shall establish, conduct or maintain a residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility in this state without a valid license issued by the department.  Any person violating this subsection is guilty of a class A misdemeanor.  Any person violating this subsection wherein abuse or neglect of a resident of the facility has occurred is guilty of a class E felony.  The department of health and senior services shall investigate any complaint concerning operating unlicensed facilities.  For complaints alleging abuse or neglect, the department shall initiate an investigation within twenty-four hours.  All other complaints regarding unlicensed facilities shall be investigated within forty-five days.

  2.  If the department determines the unlicensed facility is in violation of sections 198.006 to 198.186, the department shall immediately notify the local prosecuting attorney or attorney general's office.

  3.  Each license shall be issued only for the premises and persons named in the application.  A license, unless sooner revoked, shall be issued for a period of up to two years, in order to coordinate licensure with certification in accordance with section 198.045.

  4.  If during the period in which a license is in effect, a licensed operator which is a partnership, limited partnership, or corporation undergoes any of the following changes, or a new corporation, partnership, limited partnership or other entity assumes operation of a facility whether by one or by more than one action, the current operator shall notify the department of the intent to change operators and the succeeding operator shall within ten working days of such change apply for a new license:

  (1)  With respect to a partnership, a change in the majority interest of general partners;

  (2)  With respect to a limited partnership, a change in the general partner or in the majority interest of limited partners;

  (3)  With respect to a corporation, a change in the persons who own, hold or have the power to vote the majority of any class of securities issued by the corporation.

  5.  Licenses shall be posted in a conspicuous place on the licensed premises.

  6.  Any license granted shall state the maximum resident capacity for which granted, the person or persons to whom granted, the date, the expiration date, and such additional information and special limitations as the department by rule may require.

  7.  The department shall notify the operator at least sixty days prior to the expiration of an existing license of the date that the license application is due.  Application for a license shall be made to the department at least thirty days prior to the expiration of any existing license.

  8.  The department shall grant an operator a temporary operating permit in order to allow for state review of the application and inspection for the purposes of relicensure if the application review and inspection process has not been completed prior to the expiration of a license and the operator is not at fault for the failure to complete the application review and inspection process.

  9.  The department shall grant an operator a temporary operating permit of sufficient duration to allow the department to evaluate any application for a license submitted as a result of any change of operator.

­­--------

(L. 1979 S.B. 328, et al. § 6, A.L. 1984 S.B. 451, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 1999 S.B. 326, A.L. 2003 S.B. 556 & 311, A.L. 2014 S.B. 491)

Effective 1-01-17

CROSS REFERENCES:

License for administrator of assisted living facilities required, limitations, 344.020

Skilled nursing care facilities, a license for assisted living facilities insufficient, 344.020