197.316. Certificate of need not required for nursing homes treating only AIDS patients--violations, penalty. - Missouri Statutes

Certificate of need not required for nursing homes treating onlyAIDS patients--violations, penalty.

197.316. 1. The provisions of subsection 10 of section 197.315 andsections 197.317 and 197.318 shall not apply to facilities which are licensedpursuant to the provisions of chapter 198, RSMo, which are designed andoperated exclusively for the care and treatment of persons with acquired humanimmunodeficiency syndrome, AIDS.

2. If a facility is granted a certificate of need and is found to beexempt from the provisions of subsection 10 of section 197.315 and sections197.317 and 197.318 pursuant to the provisions of subsection 1 of thissection, then only AIDS patients shall be residents of such facility and noothers.

3. Any facility that violates the provisions of subsection 2 of thissection shall be liable for a fine of one hundred dollars per resident per dayfor each such violation.

4. The attorney general shall, upon request of the department of healthand senior services, bring an action in a circuit court of competentjurisdiction for violation of this section.

(L. 1995 S.B. 108 § 1 subsecs. 1 to 4, A.L. 1999 S.B. 326)

Effective 7-1-99