198.526. Biannual inspections--reevaluation of inspection process--reduction in inspection schedule, when--disclosure of inspection schedule limited, penalty for violation. - Missouri Statutes

Biannual inspections--reevaluation of inspectionprocess--reduction in inspection schedule, when--disclosure ofinspection schedule limited, penalty for violation.

198.526. 1. Except as provided in subsection 3 of this section, thedepartment of health and senior services shall inspect all facilitieslicensed by the department at least twice each year. Such inspectionsshall be conducted:

(1) Without the prior notification of the facility; and

(2) At times of the day, on dates and at intervals which do notpermit facilities to anticipate such inspections.

2. The department shall annually reevaluate the inspection process toensure the requirements of subsection 1 of this section are met.

3. The department may reduce the frequency of inspections to once ayear if a facility is found to be in substantial compliance. The basis forsuch determination shall include, but not be limited to, the following:

(1) Previous inspection reports;

(2) The facility's history of compliance with rules promulgatedpursuant to this chapter;

(3) The number and severity of complaints received about thefacility; and

(4) In the year subsequent to a finding of no class I violations orclass II violations, the facility does not have a change in ownership,operator, or, if the department finds it significant, a change in directorof nursing.

4. Information regarding unannounced inspections shall be disclosedto employees of the department on a need-to-know basis only. Any employeeof the department who knowingly discloses the time of an unannouncedinspection in violation of this section is guilty of a class A misdemeanorand shall have his or her employment immediately terminated.

(L. 1999 S.B. 326 § 4, A.L. 2003 S.B. 556 & 311)

CROSS REFERENCE:

Rulemaking authority, RSMo 198.534