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Whispering Oaks RCF Management Co. Inc. v. Missouri Dep't of Health & Senior Servs.

Court of Appeals of Missouri, Western District, First Division

August 5, 2014

WHISPERING OAKS RCF MANAGEMENT COMPANY, INC., Appellant,
v.
MISSOURI DEPARTMENT OF HEALTH and SENIOR SERVICES, Respondent

As Amended August 28, 2014.

Page 493

[Copyrighted Material Omitted]

Page 494

[Copyrighted Material Omitted]

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Page 497

APPEAL FROM THE CIRCUIT COURT OF COLE COUNTY. THE HONORABLE JON E. BEETEM, JUDGE.

Naren Chaganti, Town & Country, MO, for appellant.

James M. McCoy, Ross A. Brown, Curtis M. Schube, Jefferson City, MO, for respondent.

BEFORE DIVISION ONE: MARK D. PFEIFFER, PRESIDING JUDGE, LISA WHITE HARDWICK AND KAREN KING MITCHELL, JUDGES. All Concur.

OPINION

Lisa White Hardwick, Judge

Page 498

Whispering Oaks RCF Management Co. Inc. (" Appellant" ) brings ten points on appeal challenging the Administrative Hearing Commission's (the " AHC" ) decision to deny Appellant a license to operate as a long term care facility. This appeal arises from the circuit court's judgment affirming the AHC's decision. For reasons explained herein, we find no error in the AHC's licensure denial and therefore affirm the circuit court's judgment.

The Omnibus Nursing Home Act

This appeal involves the denial of a license to operate as a long term care facility under the 1979 Omnibus Nursing Home Act (the " Act" ), Sections 198.003 to 198.186.[1] Before delving into the facts of the current appeal, it is helpful to review the statutory framework of the Act.

" The Omnibus Nursing Home Act, 'an exercise of the police power of the state, directed to the protection of health, safety, and welfare of a large and increasing nursing home population . . . ,' addresses the need to insure adequate patient care through a variety of statutory devices." Villines v. Div. of Aging and Mo. Dept. of Soc. Servs., 722 S.W.2d 939, 944 (Mo. banc 1987) (alteration in ...


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