197.295. Licensure enforcement, appeals, procedure. - Missouri Statutes

Licensure enforcement, appeals, procedure.

197.295. 1. A hospital or ambulatory surgical center aggrieved by adecision of the department pursuant to the provisions of paragraph (b) ofsubdivision (2) and subdivisions (3), (4) and (5) of subsection 1 of section197.293 may appeal such decision to the administrative hearing commissionpursuant to section 197.071 or section 197.221, and seek judicial reviewpursuant to section 621.145, RSMo. An appeal of an action to restrict newinpatient admissions or outpatient entrants, suspend operations or revoke alicense shall be heard on an expedited basis by the administrative hearingcommission. The hospital or ambulatory surgical center may apply to theadministrative hearing commission for an order to stay or suspend any suchdepartmental action pending the commission's findings and ruling as authorizedby section 621.035, RSMo.

2. If both the department and the hospital or ambulatory surgical centeragree to do so, prior to an appeal to the administrative hearing commissionpursuant to section 197.071 or section 197.221, an official action of thedepartment made pursuant to sections 197.010 to 197.120 or sections 197.200 to197.240 may be appealed to a departmental hearing officer. The department ofhealth and senior services shall promulgate rules specifying thequalifications of such a hearing officer, establish procedures to ensureimpartial decisions and provide for comparable appeal remedies when adepartmental hearing officer is unavailable.

(L. 2000 S.B. 788 § 5)