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TitleKansas Assisted Living Regulations - Health Policy & Management
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Table of Contents
                            STATUTES AND REGULATIONS FOR THE LICENSURE AND OPERATION OF ASSISTED LIVING AND RESIDENTIAL HEALTH CARE FACILITIES
	Kansas Statutes Annotated
		Table of Contents
		Adult Care Home Statutes
			39-923.  Definitions.
			39-924.  Purpose of act.
			39-925.  Administration of act; transfer of administration to secretary of aging; appointment of officer to administer the act; contracts.
			39-926.  License required to operate home; compliance with regulations.
			39-926a.  Limitation on number of persons licensed to operate adult care home; application of section; section supplemental to adult care home licensure act.
			39-927.  Application for license; contents; application for license to operate new intermediate nursing care home for the mentally retarded; limitations.
			39-928.  Issuance of license, when; inspections and investigations; reports; time license effective; nontransferable; display; contents of license.
			39-929.  Provisional license, approval; terms; extension.
			39-930.  License fee; disposition.
			39-931.  Denial, suspension or revocation of license; notice; hearing; appeal.
			39-931a.  Same; grounds; person defined.
			39-932.  Adoption and enforcement of rules, regulations and standards.
			39-932a.  Adult care homes in less than an entire building.
			39-933.  Inspections and investigations; regulations for changes in facilities.
			39-934.  Certain information confidential.
			39-935.  Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection reports, posting and access; risk management program, when required; admissibility of reports.
			39-936.  Statement on admission; qualified personnel; education and training of unlicensed personnel; examination and fees; state registry established; refresher course required; supplier of medication; limitations on involuntary transfer or discharge...
			39-937.  Compliance with other laws and regulations.
			39-938.  Compliance with requirements and rules and regulations; exceptions.
			39-939.  Unlawful acts.
			39-940.  Forms for application, reports, records and inspections; records open to inspection; unlawful acts.
			39-941.  Adult care homes; license and regulation; certain organizations exempt.
			39-942.  License in effect on effective date of act continued in effect; exceptions.
			39-943.  Penalties.
			39-944.  Injunctions and other process.
			39-945.  Correction orders; issuance; contents.
			39-946.  Civil penalty; issuance; notice of assessment; factors in determining amount of civil penalty; enforcement.
			39-947.  Appeals to secretary; hearing; disposition of civil penalties.
			39-947a.  Informal dispute resolution; written request; procedure.
			39-948.  Appeals to district court; disposition of civil penalties.
			39-949.  Disposition of moneys.
			39-950.  Rules and regulations.
			39-951  Authority granted under act additional and not limiting.
			39-952.  Correction order not issued, when.
			39-953.  Citation of act.
			39-953a.  Order prohibiting new admissions to adult care home; when issued; proceedings; remedy not limiting.
			39-953b.  Annual report of violations resulting in issuance of correction orders and civil penalties.
			39-954.  Application for receiver; order appointing; qualifications of persons designated and method of selection, rules and regulations.
			39-955.  Filing application for receivership; contents.
			39-956.  Service of copies of application for receivership; posting in adult care home.
			39-957.  Answer to application for receivership.
			39-958.  Priority of application for receivership in district court; evidence; appointment of receiver; certain statutes inapplicable to license granted receiver; length of license.
			39-959.  Powers and duties of receiver.
			39-960.  Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
			39-961  Department on aging to assist receiver; expenses of department; repayment.
			39-962.  Supervision of district court; final accounting; removal.
			39-963.  Termination of receivership; circumstances; accounting and disposition of money; court orders for recovery of certain expenses and costs.
			39-964.  Procedures for and review and enforcement of administrative actions.
			39-965.  Penalties for violations posing serious physical harm to resident.
			39-967.  Skilled nursing home or intermediate nursing care home means nursing facility.
			39-968.  Client assessment, referral and evaluation program; definitions;  implementation; data entry form; requirements; duties of secretary of aging; long-term care resource information; rules and regulations; voluntary oversight council; annual rep...
			39-969.  Criminal history record information.
			39-970.  Operation of adult care home precluded, when; access of secretary  of health and environment to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by ...
			39-971.  Quality enhancement wage pass-through program; eligible employees; quarterly wage audits; limitations on use of pass-through moneys; “nursing facilities” defined.
			39-972.  Residents receiving long-term care in medicaid approved institution; personal needs fund; supplemental income.
		Abuse, Neglect or Exploitation Statutes
			39-1401.  Abuse, neglect or exploitation of residents; definitions.
			39-1402.  Abuse, neglect or exploitation of residents; reporting abuse, neglect or exploitation or need of protective services; persons required to report; contents of report; posting notice of requirements of act; penalty for failure to report.
			39-1403.  Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.
			39-1404.  Same; duties of department of social and rehabilitation services and department of health and environment; personal visit; investigation and evaluation; information provided to certain persons.
			39-1405.  Same; protective services; injunction.
			39-1406.  Same; persons authorized access to relevant records; authority to take actions to assist residents.
			39-1407.  Consent of resident to protective services; court authorization.
			39-1408.  Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when.
			39-1409.  Same; assistance of appropriate public or private agencies, groups or individuals.
			39-1410.  Review subsequent to authorization of protective services; continuation of protective services; reevaluations.
			39-1411.  Register of reports; findings forwarded to certain state regulatory authorities; consideration of findings; certain information confidential and not subject to open records act; disclosure of certain individuals prohibited.
			39-1412.  Transfer of certain powers, duties and functions of secretary of health and environment to secretary of aging; preservation of certain actions.
	Common Regulations to All Adult Care Homes
		Table of Contents
		26-39-100.  Definitions.
		26-39-101.  Licensure of adult care homes.
		26-39-102.  Admission, transfer, and discharge rights of residents in adult care homes.
		26-39-103.  Resident rights in adult care homes.
		26-39-104.  Receivership of adult care homes.
		26-39-105.  Adoptions by reference:  general.
		26-39-438.  Informal dispute resolution requests.
		26-39-439  Informal dispute resolution panel.
		26-39-440.  Informal dispute resolution process.
		26-39-441.  Notification of final decision.
	Assisted Living & Residential Health Care Regulations
		Table of Contents
		26-41-101.  Administration.
		26-41-102.  Staff qualifications.
		26-41-103.  Staff development.
		26-41-104.  Disaster and emergency preparedness.
		26-41-105.  Resident records.
		26-41-106.  Community governance.
		26-41-200.  Resident criteria.
		26-41-201.  Resident functional capacity screening.
		26-41-202.  Negotiated service agreement.
		26-41-203.  General services.
		26-41-204.  Health care services.
		26-41-205.  Medication management.
		26-41-206.  Dietary services.
		26-41-207.  Infection control.
		28-39-254.  Construction; general requirements.
		28-39-255.  Support service areas.
		28-39-256.  Details and finishes.
	Nursing Aide Regulations
		Table of Contents
		28-39-164.  Definitions.
		28-39-165.  Nurse aide training program.
		28-39-166.  Nurse aide course instructor.
		28-39-167.  Out-of-state and allied health training endorsement for nurse aide.
		28-39-168.  State nurse aide test.
	Medication Aide Regulations
		Table of Contents
		28-39-169a.  Medication aide.
		28-39-169b.  State medication aide test.
		28-39-169c.  Medication aide continuing education.
                        
Document Text Contents
Page 1

KANSAS DEPARTMENT ON AGING

Statutes and Regulations for the Licensure and Operation of

Assisted Living and Residential
Health Care Facilities

Licensure, Certification, and Evaluation CommissionLicensure, Certification, and Evaluation Commission

Print Date:________________. NOTICE: Print date is the date this copy of the Statutes and Regulations was
printed. Print date is NOT the same date as the Effective Date of the Statutes and Regulations. For more information,
call 1-800-432-3535 or go to www.agingkansas.org

Page 2

KANSAS


STATUTES


ANNOTATED

Page 70

Adult Care Homes May, 2009



26-39-104, Receivership Page 25

RECEIVERSHIP

26-39-104. Receivership of adult care homes.

(a) A person may be designated by the secretary to be a receiver if that person meets the
following requirements:


(1) Has operated a Kansas adult care home for at least five consecutive years; and

(2) has a history of compliance with licensure standards.

(b) A person designated as a receiver shall not use the designation for any commercial

purpose.

(Authorized by and implementing K.S.A. 2007 Supp. 39-954; effective May 22, 2009.)

Page 71

Adult Care Homes May, 2009



26-39-105, Adoptions by Reference Page 26

ADOPTIONS BY REFERENCE

26-39-105. Adoptions by reference: general .

The following material shall apply to all adult care homes except nursing facilities for
mental health, intermediate care facilities for the mentally retarded, and boarding care homes:


(a) Dietary guidelines. In the “dietary guidelines for Americans,” 2005, published by the

U.S. department of health and human services and U.S. department of agriculture, appendixes A-
1 and A-2 and “notes for appendix A-2” are hereby adopted by reference.


(b) Infection control. The department’s document titled “tuberculosis (TB) guidelines

for adult care homes,” dated July 2008, is hereby adopted by reference.

(Authorized by and implementing K.S.A. 39-932; effective May 22, 2009.)

Page 139

Medication Aide December, 2003



28-39-169c, Medication Aide Continuing Education Page 8

(n) Each applicant for renewal of certification shall have completed the required number
of hours of documented and approved continuing education during each certification period
immediately proceeding renewal of the certificate. Approved continuing education hours
completed in excess of the requirement shall not be carried over to a subsequent renewal period.


(o) Each medication aide certificate that has been expired for three or fewer years shall

be reinstated upon the department’s receipt of the following:

(1) Verification of the applicant’s completion of 10 hours of approved continuing

education. This continuing education shall have been completed within the three-year period
following expiration of the certification;


(2) a renewal application form; and

(3) a nonrefundable renewal application fee of $20.00.

(p) Each lapsed certificate renewed within the three-year period specified in subsection

(o) shall be valid for two years from the date of issuance.

(q) Each person whose medication aide certification has been expired for more than three

years shall be required to retake the 75-hour medication aide course.

(Authorized by K.S.A. 65-1,121 and K.S.A. 75-5625; implementing K.S.A. 65-1,121 and

65-1124; effective Dec. 29, 2003.

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