Current through Register Vol. 49, No. 18, September 16, 2024
(1) No person shall
establish, conduct, or maintain a supplemental health care services agency in
this state without a valid registration issued by the department.
(2) Each supplemental health care services
agency providing, procuring, or engaging health care personnel or independent
contractors for temporary employment in Missouri health care facilities must
submit a registration application and fee. The Application for
Registration to Operate a Supplemental Health Care Service Agency
("Application"), included herein, shall be completed and submitted to the
department via mail or electronically online with the fee required by
19 CSR
30-105.020. Information provided in the application
shall be attested by signature to be true and correct to the best of the
applicant's knowledge and belief.
(3) Each separate business location from
which the agency operates in Missouri shall have a separate
application.
(4) The application
shall include-
(A) Agency information,
including-
1. The agency's legal or
registered fictitious name, addresses, telephone number, fax number, email
address, and responsible contact person;
2. Indication of whether the application is
the result of a new registered agency or renewal of an existing agency's
registration; and
3. The agency's
days and hours of operation;
(B) Owner information, including -
1. Owner name(s), federal employer
identification number(s) or social security number(s), state tax identification
number, mailing address, and contact information. The owner shall be registered
to do business with Missouri Secretary of State;
2. Type of owner's legal entity;
3. All controlling persons in the ownership
of the agency, including each individual or entity name, title or position,
personal or primary address, telephone number, federal employer identification
number or Social Security number, and percentage of ownership;
4. If the owner is a legal entity, include
copies of the articles and current bylaws, together with the names and
addresses of officers, managers, members, or directors;
(C) Operator information, including -
1. Operator name, mailing address, and
contact information. The operator shall be registered to do business with
Missouri Secretary of State;
2.
Type of operator's legal entity;
3. All controlling persons in the operation
of the agency, including each individual or entity name, title or position,
personal or primary address, telephone number, federal employer identification
number or Social Security number, and percentage of ownership;
4. List any other supplemental health care
services agencies in which the operator owns or operates and provide the
agency's name, address, type of registration, and registration
number;
(D) Financial
information, including-
1. Proof of financial
responsibility through one (1) of the following methods documenting at least
four weeks of back wages per employee:
A.
Establishing and maintaining an escrow account consisting of cash or assets
eligible for deposit; or
B.
Obtaining and maintaining an unexpired irrevocable letter of credit
established. Such letters of credit shall be nontransferable and nonassignable
and shall be issued by any bank or savings association organized and existing
under the laws of this state or the United States;
2. Name and address of the bank, savings
bank, or savings association in which the agency will deposit the agency's
employee's income tax withholdings. If the agency is not responsible for
employee income tax withholding, the agency shall provide the name and address
of each personnel for whom income taxes will not be withheld; and
3. Additional proof of stable or satisfactory
financial condition, as specifically requested by the department. This
additional documentation shall be submitted within ten (10) business days of
receipt of the written request;
(E) Other information, including -
1. Proof that the agency or health care
personnel, including independent contractors, has medical malpractice insurance
(professional liability insurance is acceptable), as required by section
198.644.1(4),
RSMo;
2. Proof of current worker's
compensation coverage as required by Missouri law and Chapter 287, RSMo or, if
the personnel are independent contractors, proof of occupational accident
insurance; and
(F)
Affidavit, including the following attestations -
1. That the individual or operating entity
has adequate financial resources to properly operate the agency referred to in
the application;
2. That the agency
is familiar with the requirements of a supplemental health care services agency
as set out in Chapter 198, RSMo, and the regulations of the Department of
Health and Senior Services promulgated thereunder;
3. That the agency does not restrict in any
manner the employment opportunities of health care personnel and independent
contractors;
4. That the agency
refrains in any contract with any health care personnel, including independent
contractors, or health care facility from requiring the payment of liquidated
damages, employment fees, or other compensation should the health care
personnel be hired as a permanent employee of a health care facility;
5. That all health care personnel, including
independent contractors, meet all licensing or certification requirements and
all training and continuing education standards for the position in which the
personnel would be working; and
6.
That each health care personnel and independent contractor complies with
requirements related to background checks in sections
192.2490 and
192.2495, RSMo.
(5) An agency's
registration is valid for one (1) year and shall expire on the annual
anniversary of the date the registration was originally issued. If renewed, an
agency's registration is valid for one (1) year and shall expire on the annual
anniversary of the date the registration was last renewed.
(6) An agency's renewal application must be
received at least sixty (60) days prior to the expiration of the current
registration.
(7) An agency's
registration is valid only for the entity and/ or person identified on the
registration issued at the address shown thereon and is not subject to sale,
assignment, or other transfer.
