197.327. Certificate issued for additional beds for Medicaid patients, use for nonMedicaid patients, penalty--procedure to collect. - Missouri Statutes

Certificate issued for additional beds for Medicaid patients, use fornonMedicaid patients, penalty--procedure to collect.

197.327. 1. If a facility is granted a certificate of need pursuant tosections 197.300 to 197.365 based on an application stating a need foradditional Medicaid beds, such beds shall be used for Medicaid patients and noother.

2. Any person who violates the provisions of subsection 1 of thissection shall be liable to the state for civil penalties of one hundreddollars for every day of such violation. Each nonMedicaid patient placed in aMedicaid bed shall constitute a separate violation.

3. The attorney general shall, upon the request of the department, bringan action in a circuit court of competent jurisdiction to recover the civilpenalty. The department may bring such an action itself. The civil actionmay be brought in the circuit court of Cole County or, at the option of thedirector, in another county which has venue of an action against the personunder other provisions of law.

(L. 1988 H.B. 1368)