To repeal section 197.415, RSMo 1994, relating to licensing of home health agencies, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 197.415, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 197.415, to read as follows:

     197.415. 1. The department shall review the applications and shall issue a license to applicants who have complied with the requirements of sections 197.400 to 197.475 and have received approval of the department [after a survey inspection].

     2. A license shall be renewed annually upon approval of the department when the following conditions have been met:

     (1) The application for renewal is accompanied by a six- hundred-dollar license fee;

     (2) The home health agency is in compliance with the requirements established under the provisions of sections 197.400 to 197.475 as evidenced by a survey inspection by the department [within ninety days prior to renewal] which shall occur at least every thirty-six months for agencies that have been in operation thirty-six consecutive months from the initial inspection. The frequency of inspections for agencies in operation at least thirty-six consecutive months from the initial inspection shall be determined by such factors as number of complaints received and changes in management, supervision or ownership. The survey inspections for any agency in operation less than thirty-six consecutive months from the initial inspection shall be conducted at least every twelve months;

     (3) In lieu of any survey required by sections 197.400 to 197.475, the department may accept in whole or in part written reports of the survey of any state or federal agency, or of any professional accrediting agency, if such survey is:

     (a) Comparable in scope and method to the department's surveys; and

     (b) Conducted within one year of initial application or within thirty-six months for the renewal of the home health agency's license as required by subdivision (2) of section 197.415;

     (4) The application is accompanied by a statement of any changes in the information previously filed with the department under section 197.410.

     3. Each license shall be issued only for the home health agency listed in the application. Licenses shall be posted in a conspicuous place in the main offices of the licensed home health agency.