197.295. Licensure enforcement, appeals, procedure.

253 words·~1 min read·/mo/chapter-197/197-295

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

197.295. Licensure enforcement, appeals, procedure. — 1. A hospital, ambulatory surgical center, or abortion facility aggrieved by a decision of the department pursuant to the provisions of paragraph

(b)of subdivision

(2)and subdivisions (3),

(4)and

(5)of subsection 1 of section 197.293 may appeal such decision to the administrative hearing commission pursuant to section 197.071 or section 197.221 , and seek judicial review pursuant to section 621.145 . An appeal of an action to restrict new inpatient admissions or outpatient entrants, suspend operations or revoke a license shall be heard on an expedited basis by the administrative hearing commission. The hospital, ambulatory surgical center, or abortion facility may apply to the administrative hearing commission for an order to stay or suspend any such departmental action pending the commission's findings and ruling as authorized by section 621.035 .

2. If both the department and the hospital, ambulatory surgical center, or abortion facility agree to do so, prior to an appeal to the administrative hearing commission pursuant to section 197.071 or section 197.221 , an official action of the department made pursuant to sections 197.010 to 197.120 or sections 197.200 to 197.240 may be appealed to a departmental hearing officer. The department of health and senior services shall promulgate rules specifying the qualifications of such a hearing officer, establish procedures to ensure impartial decisions and provide for comparable appeal remedies when a departmental hearing officer is unavailable.

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(L. 2000 S.B. 788 § 5, A.L. 2017 2d Ex. Sess. S.B. 5)

Effective 10-24-17