Bachtel v. Miller County Nursing Home District

STEPHEN N. LIMBAUGH, JR., Judge,

dissenting.

I respectfully dissent.

At the outset, I question the majority’s reliance on Clark v. Beverly Enterprises-Missouri, Inc., 872 S.W.2d 522, 525 (Mo. App.1994), for the proposition that section 198.070.10 of the Omnibus Nursing Home Act (ONHA) implicitly creates a private cause of action for nursing home employees terminated in violation of the statute. The Clark court failed to account for section 198.067 of the ONHA, which autho*806rizes the Department of Social Services, or the Attorney General on the Department’s behalf, to bring an action in circuit…