Section 198.029

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 28 Aug 2014   

  198.029.  Noncompliance — notice to operator and public, when — notice of noncompliance posted. — The provisions of section 198.026 notwithstanding, whenever a duly authorized representative of the department finds upon inspection of a licensed facility, and the director of the department finds upon review, that the facility or the operator is not in substantial compliance with a standard or standards the violations of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result and which is not immediately corrected, the department shall:

  (1)  Give immediate written notice of the noncompliance to the operator, administrator or person managing or supervising the conduct of the facility at the time the noncompliance is found;

  (2)  Make public the fact that a notice of noncompliance has been issued to the facility.  Copies of the notice shall be sent to appropriate hospitals and social service agencies;

  (3)  Send a copy of the notice of noncompliance to the department of social services, the department of mental health, and any other concerned federal, state or local government agencies.  The facility shall post in a conspicuous location in the facility a copy of the notice of noncompliance and a copy of the most recent inspection report.

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(L. 1979 S.B. 328, et al. § 10, A.L. 2014 H.B. 1299 Revision)