198.012. Provisions of sections 198.003 to 198.136 not to apply, when--exempt entities may be licensed. - Missouri Statutes

Provisions of sections 198.003 to 198.136 not to apply, when--exemptentities may be licensed.

198.012. 1. The provisions of sections 198.003 to 198.136 shall notapply to any of the following entities:

(1) Any hospital, facility or other entity operated by the state or theUnited States;

(2) Any facility or other entity otherwise licensed by the state andoperating exclusively under such license and within the limits of suchlicense, unless the activities and services are or are held out as beingactivities or services normally provided by a licensed facility under sections198.003 to 198.186, 198.200, 208.030, and 208.159, RSMo, except hospitalslicensed under the provisions of chapter 197, RSMo;

(3) Any hospital licensed under the provisions of chapter 197, RSMo,provided that the assisted living facility, intermediate care facility orskilled nursing facility are physically attached to the acute care hospital;and provided further that the department of health and senior services inpromulgating rules, regulations and standards pursuant to section 197.080,RSMo, with respect to such facilities, shall establish requirements andstandards for such hospitals consistent with the intent of this chapter, andsections 198.067, 198.070, 198.090, 198.093 and 198.139 to 198.180 shall applyto every assisted living facility, intermediate care facility or skillednursing facility regardless of physical proximity to any other health carefacility;

(4) Any facility licensed pursuant to sections 630.705 to 630.760, RSMo,which provides care, treatment, habilitation and rehabilitation exclusively topersons who have a primary diagnosis of mental disorder, mental illness,mental retardation or developmental disabilities, as defined in section630.005, RSMo;

(5) Any provider of care under a life care contract, except to anyportion of the provider's premises on which the provider offers servicesprovided by an intermediate care facility or skilled nursing facility asdefined in section 198.006. For the purposes of this section, "provider ofcare under a life care contract" means any person contracting with anyindividual to furnish specified care and treatment to the individual for thelife of the individual, with significant prepayment for such care andtreatment.

2. Nothing in this section shall prohibit any of these entities fromapplying for a license under sections 198.003 to 198.136.

(L. 1979 S.B. 328, et al. § 5, A.L. 1980 H.B. 1724, A.L. 1982 S.B. 698, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1989 H.B. 210)

*Reprinted due to editorial change required by § 198.005.

CROSS REFERENCE:

Missouri veterans homes, nursing home license not required, RSMo 42.130