Missouri Department of Social Services, Division of Aging v. Leland Health Care, LLC

GLENN A. NORTON, Judge.

The Department of Social Services, Division of Aging1 appeals from a summary judgment entered in favor of Leland Health Care arising from an action for civil monetary penalties against Leland. We affirm in part and reverse in part.

I. BACKGROUND

We review the record in the light most favorable to the non-movant, the Division, affording it all reasonable inferences from the record. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993).

Leland operated a skilled nursing facility licensed under the Omnibus Nursing Home Act,…