Download Statutes and Regulations for the Licensure and Operation Of Assisted Living/Residential Health PDF

TitleStatutes and Regulations for the Licensure and Operation Of Assisted Living/Residential Health
LanguageEnglish
File Size1.1 MB
Total Pages119
Table of Contents
                            Chapter 39—MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS, SOCIAL WELFARE
Article 9. – ADULT CARE HOMES
39-923. Definitions.
39-924. Purpose of act.
39-925. Administration of act; transfer of administration to secretary for aging and disability services; appointment of officer to administer the act; contracts.
39-926. License required to operate home; compliance with regulations.
39-927. Application for license; contents; application for license to operate new intermediate nursing care home for people with intellectual disability; 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; emergency orders; settlement agreements; certain licensure limitations.
39-932. Adoption and enforcement of rules, regulations and standards.
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 of resident; effect of reliance upon spiritual means or prayer for healing by resident.
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.
39-948. 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.
39-954. 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. Kansas department for aging and disability services 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 for aging and disability services; long-term care resource information; rules and regulations; voluntary oversight council; annual report.
39-969. Criminal history record information.
39-970. Operation of adult care home precluded, when; access of secretary for aging and disability to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed or registered professional service providers, volunteers and certain employees exempt; certain persons in custody of secretary of corrections exempt; report of convictions and adjudications by the Kansas bureau of investigation.
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.
Article 14. REPORTING ABUSE, NEGLECT, OR EXPLOITATION OF CERTAIN PERSONS
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 Kansas department for aging and disability 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.
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.
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.
ARTICLE 41. ASSISTED LIVING/RESIDENTIAL HEALTH CARE FACILITIES
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.
                        
Document Text Contents
Page 1

1








Statutes and Regulations for the Licensure and Operation

Of

Assisted Living/Residential Health Care Facilities

Page 2

2


39-923

Chapter 39—MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS, SOCIAL

WELFARE

Article 9. – ADULT CARE HOMES

CHAPTER 39—MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS, SOCIAL WELFARE .............................. 2

ARTICLE 9. – ADULT CARE HOMES ............................................................................................................................... 2

ARTICLE 9. – ADULT CARE HOMES ............................................................................................................................... 5

39-923. Definitions. .............................................................................................................................................. 5

39-924. Purpose of act. ........................................................................................................................................ 8

39-925. Administration of act; transfer of administration to secretary for aging and disability services;

appointment of officer to administer the act; contracts..................................................................................... 9

39-926. License required to operate home; compliance with regulations. ...................................................... 10

39-926a.Limitation on number of persons licensed to operate adult care home; application of section;

section supplemental to adult care home licensure act. ................................................................................... 10

39-927. Application for license; contents; application for license to operate new intermediate nursing care

home for people with intellectual disability; limitations. ................................................................................. 11

39-928.Issuance of license, when; inspections and investigations; reports; time license effective;

nontransferable; display; contents of license.................................................................................................... 11

39-929.Provisional license, approval; terms; extension. ................................................................................... 12

39-930. License fee; disposition. ........................................................................................................................ 12

39-931. Denial, suspension or revocation of license; emergency orders; settlement agreements; certain

licensure limitations. .......................................................................................................................................... 13

39-931a. Same; grounds; person defined. ......................................................................................................... 14

39-932.Adoption and enforcement of rules, regulations and standards. ........................................................ 14

39-932a.Adult care homes in less than an entire building. ............................................................................... 15

39-933.Inspections and investigations; regulations for changes in facilities. .................................................. 15

39-934.Certain information confidential. .......................................................................................................... 16

39-935. Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection

reports, posting and access; risk management program, when required; admissibility of reports. ............... 16

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 of resident; effect of reliance upon spiritual means or

prayer for healing by resident. .......................................................................................................................... 17

39-937.Compliance with other laws and regulations. ...................................................................................... 20

39-938. Compliance with requirements and rules and regulations; exceptions. ............................................. 20

39-939.Unlawful acts. ........................................................................................................................................ 20

39-940. Forms for application, reports, records and inspections; records open to inspection; unlawful acts.

............................................................................................................................................................................ 20

39-941.Adult care homes; license and regulation; certain organizations exempt. .......................................... 21

39-942.License in effect on effective date of act continued in effect; exceptions. ........................................... 21

39-943.Penalties. ................................................................................................................................................ 21

39-944. Injunctions and other process. .............................................................................................................. 22

Page 59

59


26-39-101. LICENSURE OF ADULT CARE HOMES.



(a) Initiation of application process.

(1) Each applicant for a license to operate an adult care home shall submit a letter of
intent to the department.

(2) The letter of intent shall include all of the following information:
(A) The type of adult care home license being requested;
(B) the name, address, and telephone number of the applicant; and
(C) the street address or legal description of the proposed site.

(b) Initial licensure application.

(1) Each applicant for an initial license shall submit the following to the department:
(A) A completed application on a form prescribed by the department;
(B) a copy of each legal document identifying ownership and control, including
applicable deeds, leases, and management agreements;
(C) any required approval of other owners or mortgagors;
(D) curriculum vitae or resumes of all facility and corporate staff responsible for the
operation and supervision of the business affairs of the facility;
(E) a complete list of names and addresses of facilities that the applicant operates in
states other than Kansas; and


ording to generally accepted
accounting principles and certified by the applicant to be accurate.

(2) A license shall be issued by the department if all of the following requirements are
met:
(A) A licensure application has been completed by the applicant.
(B) Construction of the facility or phase is completed.
(C) The facility is found to meet all applicable requirements of the law.
(D) The applicant is found to qualify for a license under K.S.A. 39-928 and amendments
thereto.

(c) Change of ownership or licensee.

(1) The current licensee shall notify the department, in writing, of any anticipated
change in the information that is recorded on the current license at least 60 days before the
proposed effective date of change.

Page 60

60


(2) Each applicant proposing to purchase, lease, or manage an adult care home shall
submit the following information, if applicable, to the department:
(A) A completed application form prescribed by the department;
(B) a copy of each legal document transferring ownership or control, including sales
contracts, leases, deeds, and management agreements;
(C) any required approval of other owners or mortgagors;
(D) curriculum vitae or resumes of all facility and corporate staff responsible for the
operation and supervision of the business affairs of the facility;
(E) a complete list of names and addresses of facilities the applicant operates in states
other than Kansas; and
(F) a financial statement projecting the

accounting principles and certified by the applicant as accurate.

(3) A new license shall be issued by the department if a complete application and the
required forms have been received and the applicant is found to qualify for a license under
K.S.A. 39-928 and amendments thereto.

(d) New construction or conversion of an existing unlicensed building to an adult care
home.

(1) Each applicant for a nursing facility, intermediate care facility for the mentally
retarded, assisted living facility, or residential health care facility shall request approval of the
site at least 30 days before construction begins. The written request for site approval shall
include all of the following information:
(A) The name and telephone number of the individual to be contacted by evaluation
personnel;
(B) the dimensions and boundaries of the site; and
(C) the name of the public utility or municipality that provides services to the site,
including water, sewer, electricity, and natural gas.

(2) Intermediate care facilities for the mentally retarded shall not have more than one
residential building with 16 beds or less located on one site or on contiguous sites. The
residential buildings shall be dispersed geographically to achieve integration and harmony with
the community or neighborhoods in which the buildings are located.

(3) The applicant shall submit one copy of the final plans for new construction or
conversion of an existing unlicensed building, for the entire project or phase to be completed,
which shall be sealed, signed, and certified by a licensed architect to be in compliance with the
following regulations:
(A) For a nursing facility, K.A.R. 26-40-301 through K.A.R. 26-40-305;
(B) for an intermediate care facility for the mentally retarded with 16 beds or less, K.A.R.
28-39-225;

Page 118

118


28-39-256. DETAILS AND FINISHES.


(a) Details for assisted living or residential health care facilities shall include the
following:

(1) Rooms containing bathtubs, showers or toilets available for use by residents shall be
equipped with doors and hardware capable of being opened from the outside and shall permit
access from outside the room in an emergency.

(2) Windows and outer doors which may be left in an open position shall be provided
with insect screens. Windows shall be designed to prevent accidental falls when open or shall
be equipped with security screens.

(3) Doors, sidelights, borrowed lights, and windows in which the glazing is within 18
inches or 46 centimeters of the floor shall be glazed with safety glass, wire glass, or plastic
glazing material that will resist breaking and will not create dangerous cutting edges if broken.
Similar materials shall be used in wall openings of recreation rooms and exercise rooms unless
required otherwise for fire safety.

(4) Safety glass or plastic glazing as described in paragraph (a) (3) shall be used for
shower doors and bath enclosures.

(5) Grab bars, or sufficient blocking installed in the walls to support a grab bar, shall be
provided at all toilets, showers, and tubs accessible to residents.

(b) Finishes.

(1) Wall bases in kitchens, janitor's closets, laundries and resident bathrooms shall be
made tightly sealed, and constructed without voids that can harbor insects.

(2) Wall finishes shall be washable and, in the immediate area of plumbing fixtures, shall
be smooth and moisture-resistant. Finish trim, and wall and floor construction in dietary and
food preparation areas shall be free from spaces that can harbor rodents and insects.

(3) Ceilings in the dietary, food preparation, and food storage areas shall be cleanable by
dustless methods, such as vacuum cleaning or wet cleaning. Finished ceilings may be omitted in
mechanical and equipment spaces, shops, general storage areas, and similar spaces unless
required for fire protection purposes.

(4) Floor, wall and ceiling penetrations by pipes, ducts, and conduits shall be tightly
sealed to minimize entry of rodents and insects. Joints of structural elements shall be similarly
sealed.

Page 119

119


(5) Shower bases and tubs shall provide non-slip surfaces.

(c) Mechanical requirements.

(1) Heating, air conditioning, and ventilating systems.

(A) The system shall be designed to maintain a year-round indoor temperature range of
70o F or 21o C to 85o F or 26o C.

(B) Each apartment or individual living unit shall allow the resident to control the
temperature.

(2) Plumbing and piping systems.

(A) Backflow prevention devices or vacuum breakers shall be installed on fixtures to
which hoses or tubing can be attached.

(B) Water distribution systems shall be arranged to provide hot water at outlets at all
times. The temperature of hot water shall range between 98o F and 120o F at bathing facilities,
sinks, and lavatories in resident use areas.

(3) Electrical requirements.

(A) All spaces occupied by persons or machinery and equipment within the buildings,
approaches to buildings, and parking lots shall have adequate lighting.

(B) Minimum lighting intensity levels shall be as required in Table 1.

(C) Each corridor and stairway shall remain lighted at all times.

(D) Each light in resident use areas shall be equipped with shades, globes, grids, or glass
panels.

(4) Telephone service. Each unit or apartment shall have at least one telephone jack for
each resident who desires phone service.

(Authorized by and implementing K.S.A. 39-932; effective Feb. 21, 1997.)

Similer Documents