Missouri Revised Statutes
Mo. Rev. Stat. § 197.335 (2026)
Appeals, venue
✓ current as of May 2026
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197.335. Appeals, venue. — Within thirty days of the decision of the committee, the applicant may file an appeal to be heard de novo by the administrative hearing commissioner, the circuit court of Cole County or the circuit court in the county within which such health care service or facility is proposed to be developed.
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(L. 1979 H.B. 222 § 8, A.L. 1986 S.B. 553 & 775, A.L. 1987 H.B. 384 Revision, A.L. 1999 S.B. 326)
Effective 7-1-99
(1984) While a competing facility may be an "affected person" under sections 197.300 to 197.365, it has no right to appeal a decision of the Health Facilities Review Committee. St. Joseph's Hill Infirmary, Inc. v. Mandl (Mo. App.) 682 S.W.2d 821.
(1987) Competitor of applicant for certificate of need to construct nursing home lacked standing to appeal administrative decision to grant certificate since this section expressly limits participants in an appeal to applicant and the health service agency within the affected area. Comm. Care Ctrs. v. Health Fac. Rev. Com., 735 S.W.2d 13 (Mo. App.).
Notes of Decisions
Cited in 15
cases, 1985–2012 · leading case: State Ex Rel. Christian Health Care of Springfield, Inc. v. Missouri Dep't of Health & Senior Servs., 229 S.W.3d 270 (Mo. Ct. App. 2007).
State Ex Rel. Christian Health Care of Springfield, Inc. v. Missouri Dep't of Health & Senior Servs., 229 S.W.3d 270 (Mo. Ct. App. 2007). “[Montgomery] challenged the subject-matter jurisdiction of this Court on the grounds that [the appellants] have no standing to challenge the issuance of a Certificate of Need under Section 197.335, RSMo. 9. [The appellants] as competitors of [Montgomery] and as affected parties…”
HCA Health Servs. of Midwest, Inc. v. Admin. Hearing Comm'n, 702 S.W.2d 884 (Mo. Ct. App. 1985). “Section 197.335 RSMo 1978 authorizes the AHC to hear certain appeals from Committee decisions on certificate of need applications.”
West Cnty. Care Ctr., Inc. v. Missouri Health Facilities Review Comm., 773 S.W.2d 474 (Mo. Ct. App. 1989). “[2] The literal text of § 197.335, RSMo Supp.1987, grants the right of judicial review of the administrative decision on a certificate of need only to the applicant and health systems agency, each an affected person within the definition of § 197.”
Mercy Hospitals East Communities v. Missouri Health Facilities Review Comm., 362 S.W.3d 415 (Mo. 2012). “John's lacks standing because section 197.335 provides standing only to applicants, not economic competitors.”
Cmty. Care Centers, Inc. v. Missouri Health Facilities Review Comm., 735 S.W.2d 13 (Mo. Ct. App. 1987). “In examining the first contention, it must be noted that appellant, and others similarly situated, are given no recognition under the statute providing for appeal from a decision by the Health Facilities Review Committee.”
Missouri Health Facilities Review Comm. v. Admin. Hearing Comm'n, 700 S.W.2d 445 (Mo. 1985). “The failure to mention MHFRC as a party having standing to appeal in § 197.335 is of no significance. That statute lists specifically the parties who have standing to appeal from decisions of MHFRC, which obviously would not undertake an appeal from its own decision.”
PIA Psychiatric Hospitals, Inc. v. Missouri Health Facilities Review Comm., 729 S.W.2d 491 (Mo. Ct. App. 1987). “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 under section 197.335. (Emphasis…”
Cont'l Coal, Inc. v. Missouri Land Reclamation Comm'n, 150 S.W.3d 371 (Mo. Ct. App. 2004). “…30, 32 (Mo. banc 1976). 4 . That statute has since been amended to confer standing solely upon the applicant. See § 197.335, RSMo (2000).”
Pia Psychiatric Hospitals, Inc. v. Missouri Health Facilities Review Comm., 724 S.W.2d 524 (Mo. Ct. App. 1986). “The issue turns upon a construction of § 197.335, RSMo (Supp.1984), which is: “Within thirty days of the decision of the committee, the applicant or the health systems agency [now SHPDA] within whose area the new institutional health service is to be offered may file an appeal…”
Health Servs. Mgmt., Inc. v. Missouri Health Facilities Review Comm., 791 S.W.2d 732 (Mo. Ct. App. 1990). “That section provides also that the question of approval by operation of law is subject to appeal under § 197.335. That section grants the right of appeal to an applicant for certificate of need and to the health systems agency, 2 all “in accordance with the provisions of…”
Missouri Health Care Ass'n v. Missouri Health Facilities Review Comm., 777 S.W.2d 241 (Mo. Ct. App. 1989). “Although the statutory scheme for administering the certificate of need law provides for participation by “affected persons,” that level of participation does not make an “affected person” a party.”
Mid-Am. Georgian Gardens, Inc. v. Missouri Health Facilities Review Comm., 908 S.W.2d 715 (Mo. Ct. App. 1995). “STANDING Section 197.335, RSMo Supp.1993 provides for appeals of MHFRC decisions regarding the issuance of certificates of need: [Wjithin thirty days of the decision of the committee, the applicant or the health systems agency within whose area the new institutional health…”
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