Missouri Laws 197.105 – Investigation of complaints, department to post on website, content
1. The department of health and senior services shall post on its website information regarding investigations of complaints against hospitals. The posting of such information shall comply with all of the following requirements:
(1) Complaint data shall not be posted unless the complaint has been substantiated by investigation by departmental employees to require a statement of deficiency;
Terms Used In Missouri Laws 197.105
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) The posting shall include the hospital’s plan of correction accepted by departmental officials;
(3) The posting shall include the dates and specific findings of the departmental investigation;
(4) The posting shall list or include a link to each facility’s annualized rate of substantiated complaints per patient day;
(5) The posting shall display the complaint investigation data so as to provide for peer group comparisons of:
(a) Psychiatric hospitals or psychiatric units within hospitals;
(b) Long-term acute care hospitals as defined by 42 C.F.R. § 412.23(e);
(c) Inpatient rehabilitation facilities or units meeting the requirements of 42 C.F.R. § 412.29; and
(6) Time lines for posting such information shall be consistent with the CMS State Operations Manual, as amended.
2. This section shall not be construed to require or permit the posting of information that would violate state or federal laws or regulations governing the confidentiality of patient data or medical records or information protected under subsection 4 of section 537.035.