STATE EX REL. BOONE RETIREMENT CENTER, INC. v. HAMILTON

No. 79728.

946 S.W.2d 740 (1997)

STATE of Missouri ex rel. BOONE RETIREMENT CENTER, INC., Relator, v. Honorable Gene HAMILTON, Judge, Circuit Court, Boone County, Respondent.

Supreme Court of Missouri, En Banc.

June 17, 1997.


Attorney(s) appearing for the Case

Mark G. Arnold, St. Louis, Harvey M. Tettlebaum, Lowell Pearson, Jefferson City, for Relator.

Jeremiah W. (Jay) Nixon, Attorney General, James Layton, Chief Deputy Attorney General, Sam W. McCahon, Special Prosecuting Attorney, Jefferson City, for Respondent.


ROBERTSON, Judge.

Congress requires every nursing home receiving Medicare or Medicaid to establish a quality assessment and assurance committee. Within the statute establishing this requirement, Congress said "[a] State... may not require disclosure of the records of such committee except insofar as such disclosure is related to the compliance of such committee with the requirements of this subparagraph." 42 U.S.C. section 1395i-3(b)(1)(B) (skilled nursing facility...

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