Omnibus Nursing Home Act: Licensing, Inspections and Enforcement
About 9 of every 50 questions on a Missouri NHA State Exam practice exam come from this topic.
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What to know
Chapter 198, RSMo, the Omnibus Nursing Home Act, requires a department license to run a skilled nursing, intermediate care, assisted living or residential care facility; operating without one is a class A misdemeanor, or a class E felony if a resident is abused or neglected. Licenses last up to two years, state the maximum resident capacity, are posted conspicuously, and renewal is due at least 30 days before expiration. A new operator applies within ten working days of a change in control. The department inspects every facility at least once a year without notice. Violations fall into three classes: class I (imminent danger), class II (direct relationship, no imminent danger) and class III (indirect or potential impact), each with its own plan-of-correction deadline, reinspection window and civil penalty range. Revocation requires ten days' notice and may be appealed to the Administrative Hearing Commission within fifteen days. Mandated reporters must immediately report suspected abuse or neglect, and the department starts investigating within 24 hours. The Act also sets record retention periods, rules for residents' trust funds and bonds, resident lawsuits through the attorney general, and receivership.
Where it comes from
- Mo. Rev. Stat. §§ 198.006, 198.012, 198.015, 198.018
- Mo. Rev. Stat. §§ 198.026, 198.029, 198.030, 198.032
- Mo. Rev. Stat. §§ 198.036, 198.039, 198.042, 198.048, 198.052
- Mo. Rev. Stat. §§ 198.061, 198.067, 198.070, 198.071, 198.074, 198.085
- Mo. Rev. Stat. §§ 198.090, 198.093, 198.096, 198.097, 198.099, 198.103, 198.526
Try a practice question
How does the Omnibus Nursing Home Act define a facility's administrator?
- AAny person owning five percent or more of the facility
- BThe person in general administrative charge of the facility
- CThe person licensed to operate the facility by the department
- DThe registered nurse who supervises all resident care
Show the answer
The person in general administrative charge of the facility. Section 198.006 defines the administrator as the person in general administrative charge of a facility. The operator is the person licensed or required to be licensed.
Mo. Rev. Stat. § 198.006 ("administrator")
Ready for a full run? The Missouri Nursing Home Administrator State Exam Practice Test is 50 questions in 120 minutes, scored at 75%. For the official exam's details, see Missouri Nursing Home Administrator License Exam Requirements.