Missouri Revised Statutes

Mo. Rev. Stat. § 197.330 (2026)

Duties of review committee

✓ current as of May 2026
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  197.330.  Duties of review committee. — 1.  The committee shall:

  (1)  Notify the applicant within fifteen days of the date of filing of an application as to the completeness of such application;

  (2)  Provide written notification to affected persons located within this state at the beginning of a review.  This notification may be given through publication of the review schedule in all newspapers of general circulation in the area to be served;

  (3)  Hold public hearings on all applications when a request in writing is filed by any affected person within thirty days from the date of publication of the notification of review;

  (4)  Within one hundred days of the filing of any application for a certificate of need, issue in writing its findings of fact, conclusions of law, and its approval or denial of the certificate of need; provided, that the committee may grant an extension of not more than thirty days on its own initiative or upon the written request of any affected person;

  (5)  Cause to be served upon the applicant, the respective health system agency, and any affected person who has filed his prior request in writing, a copy of the aforesaid findings, conclusions and decisions;

  (6)  Consider the needs and circumstances of institutions providing training programs for health personnel;

  (7)  Provide for the availability, based on demonstrated need, of both medical and osteopathic facilities and services to protect the freedom of patient choice; and

  (8)  Establish by regulation procedures to review, or grant a waiver from review, nonsubstantive projects.  

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The term "filed" or "filing" as used in this section shall mean delivery to the staff of the health facilities review committee the document or documents the applicant believes constitute an application.

  2.  Failure by the committee to issue a written decision on an application for a certificate of need within the time required by this section shall constitute approval of and final administrative action on the application, and is subject to appeal pursuant to section 197.335 only on the question of approval by operation of law.

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(L. 1979 H.B. 222 § 7, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)

Effective 7-1-99

(1987) Failure of Health Facilities Review Committee to issue decision on application within the time allotted by this section constitutes approval of application and pendency of prior application by same applicant for larger hospital at same location is irrelevant. Platte County Medical Center, Inc. v. Mo. Health F. Review, 734 S.W.2d 608 (Mo. App.).

Notes of Decisions
Cited in 7 cases, 1985–1995 · leading case: West Cnty. Care Ctr., Inc. v. Missouri Health Facilities Review Comm., 773 S.W.2d 474 (Mo. Ct. App. 1989).
West Cnty. Care Ctr., Inc. v. Missouri Health Facilities Review Comm., 773 S.W.2d 474 (Mo. Ct. App. 1989). · cites it 4× “That is to say, an affected person who invokes participation in the administrative certification proceeding because of the status of competitor is a stranger to that proceeding for every other purpose than the statutory purpose invested by § 197.330. That scheme of the statute…”
State Ex Rel. Missouri Health Care Ass'n v. Missouri Health Facilities Review Comm., 768 S.W.2d 559 (Mo. Ct. App. 1988). · cites it 2× “1987), this Court construed the provisions of § 197.330, RSMo 1979. We held that the time limits established by § 197.”
HCA Health Servs. of Midwest, Inc. v. Admin. Hearing Comm'n, 702 S.W.2d 884 (Mo. Ct. App. 1985). · cites it 2× “See § 197.330 RSMo (Supp.1984). This court has expressly held, however, that § 197.”
Health Servs. Mgmt., Inc. v. Missouri Health Facilities Review Comm., 791 S.W.2d 732 (Mo. Ct. App. 1990). “Accordingly, such an affected person was adjudicated as without standing to test the jurisdiction of the Review Committee to postpone decision on the application for a certificate of need beyond *735 the statutory review schedule of § 197.330. None of the interests protected to…”
Pia Psychiatric Hospitals, Inc. v. Missouri Health Facilities Review Comm., 724 S.W.2d 524 (Mo. Ct. App. 1986). “The only right it has under § 197.330 is to be notified in writing of an application, to be present at a public hearing on all applications when requested, and to be notified of the decisions, as an “affected person”.”
Med. Mgmt. of Osage Beach, Inc. v. Missouri Health Facilities Review Comm., 904 S.W.2d 291 (Mo. Ct. App. 1995). · cites it 2× “The court then ordered the committee to conduct a “public hearing in accordance with Section 197.330 and the committee’s Rules, Regulations and practices as they existed in May 1993.”
State ex rel. Integrated Health Servs. v. Missouri Health Facilities Review Comm., 814 S.W.2d 677 (Mo. Ct. App. 1991). · cites it 3× “Section 197.330, RSMo.Supp.1990 effective June 15, 1987, reads: 197.”
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