Section 198.630 – Sanctions, when — administrative penalty, when.
Effective – 28 Aug 2020 198.630. Sanctions, when — administrative penalty, when. — 1. The department may impose appropriate sanctions under this chapter on an administrator of a facility who knowingly: (1) Refuses to permit a resident or the resident’s guardian or legal representative to conduct authorized electronic monitoring; (2) Refuses to admit an individual […]
Section 198.632 – Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when.
Effective – 28 Aug 2020 198.632. Unauthorized acts, electronic monitoring devices and data — penalties — affirmative defense, when. — 1. A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident’s room in accordance with sections 198.610 to 198.632 or who destroys or corrupts any data collected […]
Section 198.640 – Definitions.
Effective – 28 Aug 2022 198.640. Definitions. — As used in sections 198.640 to 198.648, the following terms shall mean: (1) “Controlling person”, a business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a supplemental health care services agency. The term controlling person also means an […]
Section 198.642 – Supplemental health care services agency, registration required — procedure.
Effective – 28 Aug 2022 198.642. Supplemental health care services agency, registration required — procedure. — 1. A person who operates a supplemental health care services agency shall register annually with the department. Each separate business location of the agency shall have a separate registration with the department. Fees collected under this section shall be […]
Section 198.644 – Agency criteria — revocation and nonrenewal of registration, when — appeal procedure.
Effective – 28 Aug 2022 198.644. Agency criteria — revocation and nonrenewal of registration, when — appeal procedure. — 1. Each registered supplemental health care services agency shall be required, as a condition of registration, to meet the following minimum criteria, which may be supplemented by rules promulgated by the department: (1) Provide to the […]
Section 198.646 – Complaints, reporting system.
Effective – 28 Aug 2022 198.646. Complaints, reporting system. — The department shall establish a system for reporting complaints against a supplemental health care services agency or its health care personnel. Complaints may be made by any member of the public. The department shall investigate any complaint received and shall report the department’s findings to […]
Section 198.648 – Rulemaking authority.
Effective – 28 Aug 2022 198.648. Rulemaking authority. — The department shall promulgate rules to implement the provisions of sections 198.640 to 198.648. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies […]
Section 198.614 – Unauthorized placement of electronic monitoring device — immunity from liability, when.
Effective – 28 Aug 2020 198.614. Unauthorized placement of electronic monitoring device — immunity from liability, when. — 1. For purposes of sections 198.610 to 198.632, the placement and use of an electronic monitoring device in the room of a resident is considered to be unauthorized if: (1) The placement and use of the device […]
Section 198.616 – Acknowledgment form, contents.
Effective – 28 Aug 2020 198.616. Acknowledgment form, contents. — Each facility shall use an electronic monitoring device acknowledgment form developed by the department and adopted by regulation. The form shall be offered to any resident or resident’s guardian or legal representative upon request. The form shall be completed and signed by or on behalf […]
Section 198.618 – Resident sole authority to request monitoring — exception for lack of capacity, requirements.
Effective – 28 Aug 2020 198.618. Resident sole authority to request monitoring — exception for lack of capacity, requirements. — 1. If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may request authorized electronic monitoring under sections 198.610 to 198.632, notwithstanding […]