Kansas Administrative Code

Contracting and granting practic- es and requirements. (a) Department approval of funding. No grantee or contractor shall make a subgrant or contract involving funds made avail- able by the department until an area plan or other document detailing the proposed use or uses of the …

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-86-48, Dec. 18, 1985; amended May 1, 1986; revoked May 31, 2002.)

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-86-34, Oct. 23, 1985; amended, T-86-48, Dec. 18, 1985; amended May 1, 1986; revoked Jan. 7, 2000.)

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended, T-89-14, April 26, 1988; amend- ed Oct. 1, 1988; amended Nov. 14, 1997; revoked July 15, 2011.)

Revision of approved subgrants or contracts. (a) A subgrantee, contractor or sub- contractor shall submit to an area agency a written request for revision of a subgrant or contract. (b) Any area agency may agree to a revision of a subgrant or a contract with a non-profit public o…

Reporting requirements. Each sub-grantee or contractee of an area agency shall: (a) Submit program and financial reports to the area agency deemed necessary by the department to comply with federal and state requirements; and (b) submit such reports by the due dates, using the fo…

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-86-48, Dec. 18, 1985; amended May 1, 1986; revoked Nov. 14, 1997.) HEARING AND APPEALS

Definitions. Each of the following terms, as used in this article of the department’s regulations, shall have the meaning specified in this regulation: (a) “Accredited college or uni- versity” means a college or university that is ac- credited by an accrediting body recognized by…

Change of name or address; replacement licenses. (a) Each licensee shall notify the board of any name or address change within 30 days of the change. Each licensee who is found to have knowingly or repeatedly failed to comply with this regulation shall be subject to dis- ciplinar…

Fees. (a)(1) The license applica- tion fee shall be $100.00. The license application fee for an initial licensure period of less than 24 months shall be prorated at $4.00 per month for each full or partial month. (2) The license renewal fee shall be $100.00. (3) The temporary lic…

Educational requirements for licensure. (a)(1) Each individual seeking initial licensure as an adult care home administrator shall meet the following requirements: (A) Hold a baccalaureate or higher degree from an accredited college or university; and (B) successfully complete a …

Application for initial licensure. (a) Each applicant for initial licensure shall submit anapplicationonformsprovidedbytheboardand shall furnish the fee specified in K.A.R. 26-38-11 and evidence satisfactory to the board of having met the requirements specified in K.A.R. 26-38-2.…

Licensing examinations. (a) Each applicantforinitiallicensureasanadultcarehome administrator shall be required to pass a national examination and a state law examination for adult care home administration approved by the board. (1) Each applicant shall take the national ex- amina…

Potentially disqualifying civ- il and criminal records; advisory opinion; fee. (a) Each applicant shall provide, and shall authorize the board to request, disciplinary ac- tion information and criminal history records. If adverse information is received from the appli- cant or fr…

Temporary license. (a) Each ap- plicant for a 60-day temporary license shall iden- tify the facility seeking to hire the applicant on a temporary basis and shall arrange for that facility to provide the board with written documentation that a current licensee is not available to …

Licensure by reciprocity. (a) Each applicant for licensure by reciprocity shall submit an application on board-approved forms accompanied by the application fee for licensure by reciprocity and the license application fee specified in K.A.R. 26-38-11. Each applicant for licensure…

Licensing renewal and license reinstatement; continuing education; spon- sorship. (a) Each application for renewal of a li- cense shall be submitted on or before June 30 of the year in which the license expires. (b) Each licensee shall submit an application on forms provided by t…

Display of license. Each person licensed as an adult care home administrator shall display that person’s wall license in a conspicuous place in the licensee’s office or place of business or employment. Each licensee serving as administra- tor in more than one facility shall displ…

Definitions. The following terms and definitions shall apply to all of the department’s regulations governing adult care homes and their employees: (a) “Activities direc- tor” means an individual who meets at least one of the following requirements: 960 DEPARTMENT FOR AGING AND D…

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 c…

Admission, transfer, and discharge rights of residents in adult care homes. (a) Each licensee, administrator, or oper- ator shall develop written admission policies re- garding the admission of residents. The admission policy shall meet the following requirements: (1) The adminis…

Resident rights in adult care homes. (a) Protection and promotion of resident rights. Each administrator or operator shall en- sure the protection and promotion of the rights of each resident as set forth in this regulation. Each resident shall have a right to a dignified existen…

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 st…

Adoptions by reference. (a) The following material shall apply to all adult care homes except nursing facilities for mental health, intermediate care facilities for the mentally re- tarded, and boarding care homes: (1) Dietary guidelines. In the “dietary guide- lines for American…

(Authorized by K.S.A. 39-932; implementing K.S.A. 2004 Supp. 39-923, K.S.A. 2004 Supp. 39-925, and K.S.A. 39-932; effective Nov. 4, 2005; revoked May 22, 2009.)

(Authorized by and implement- ing K.S.A. 2004 Supp. 39-923, K.S.A. 2004 Supp. 39-925, and K.S.A. 39-932; effective Nov. 4, 2005; revoked May 29, 2009.)

(Authorized by and implement- ing K.S.A. 2004 Supp. 39-923, K.S.A. 2004 Supp. 39-925, and K.S.A. 39-932; effective Nov. 4, 2005; revoked May 29, 2009.)

(Authorized by and implement- ing K.S.A. 2004 Supp. 39-923, K.S.A. 2004 Supp. 39-925, and K.S.A. 39-932; effective Nov. 4, 2005; revoked May 29, 2009.)

Informal dispute resolution requests. Any adult care home administrator may request from the department an informal op- portunity to dispute cited deficiencies pursuant to L. 2004, ch. 162, sec. 1 and amendments thereto. The adult care home administrator shall submit five copies …

Informal dispute resolution panel. (a) An informal dispute resolution panel, which is also known as an independent review panel, shall be appointed by the secretary. The membership of each informal dispute resolution panel shall consist of the members authorized by L. 2004, ch. 1…

Informal dispute resolution process. (a)(1) Departmental staff members may assist panel members in convening informal dis- pute resolution meetings within 30 days of the receipt of each request for informal dispute reso- lution. If the panel can not be convened within 30 days, th…

Notification of final decision. (a) The informal dispute resolution panel shall submit a written recommendation to the secre- tary upon adjournment of the informal dispute resolution meeting. The panel’s recommenda- tion shall be accepted, rejected, or modified by the secretary. …

Definitions. Each of the follow- ing terms, as used in K.A.R. 26-39-500 through 26-39-506,shallhavethemeaningspecifiedinthis regulation: (a) “Accredited college or university” means a college or university that is accredited by 972 DEPARTMENT FOR AGING AND DISABILITY SERVICES 26-…

(j) “Relevant experience” shall include work ex- perience in business, hospitality, gerontology, or health and human services, or other fields as ap- proved by the secretary. (k) “Relevant field” shall include degrees in business, hospitality, gerontology, or health and human ser…

Application for registration. (a) Each applicant for registration shall submit a completed application, pay the applicable fee, and provide evidence satisfactory to the department of havingmettherequirementsinK.A.R.26-39-501. (b) Each applicant shall provide the department with o…

Operator course. (a) Each ap- plicant shall have successfully completed an oper- ator course on principles of assisted living that is approved by the secretary. (b) Each operator course shall be conducted by one of the following training providers: (1) A long-term care provider o…

Registration renewal and re- instatement; continuing education. (a) Each registration shall expire biennially on April 30. Each initial registration shall be issued for at least 12 months but not more than 24 months. (b)(1) On or before April 30 of the calendar year in which the …

Fees. (a) The registration ap- plication fee shall be $65.00. The registration application fee for an initial registration of less than 24 months shall be prorated for any full or partial month. (b) The registration renewal fee shall be $65.00. (c) The registration renewal late f…

Change of name or address. Each operator shall notify the department of any change in the operator’s name or address within 30 days of the change. (a) Notice of each address change shall include the operator’s name, registra- tion number, previous mailing address, and new mailing…

Notice of actions; appeals by writ- ten requests; time to file written requests. (a) When an action is taken or proposed by any of the following parties in any program administered by the secretary, other than a medicaid program ad- ministered pursuant to K.S.A. 39-968, 75-5321a,…

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-86-34, Oct. 23, 1985; amended May 1, 1986; amended May 1, 1987; revoked Nov. 14, 1997.)

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-86-48, Dec. 18, 1985; amended May 1, 1986; revoked Nov. 14, 1997.)

(Authorized by and implementing K.S.A. 75-5908; effective, T-85-47, Dec. 19, 1984; effective May 1, 1985; amended, T-89-14, April 26, 1988; amended Oct. 1, 1988; revoked Nov. 14, 1997.)

Definitions. As used in article 4 of the department’s regulations, the following terms shall have these meanings. (a) “Appellant” means the area agency on aging, customer, service pro- vider, or an applicant wishing to be a customer or service provider who is affected by, and wis…

(Authorized by and implementing K.S.A. 75-5908 and K.S.A. 1996 Supp. 75-5928 and 75-5931; effective Nov. 14, 1997; revoked July 15, 2011.) 26-4-7 through 26-4-15. (Authorized by and implementing K.S.A. 75-5908 and K.S.A. 1996 Supp. 75-5928 and 75-5931; effective Nov. 14, 1997; re…

Nursing facility physical en- vironment; construction and site require- ments. Each nursing facility shall be designed, constructed, equipped, and maintained to protect the health and safety of the residents and per- sonnel and the public. (a) Codes and standards. Each nursing fa…

Nursing facility physical en- vironment; applicants for initial licensure and new construction. (a) Applicability. This regulation shall apply to each applicant for a nursing facility license and to any addition to a nursing facility licensed on the effective date of this regulat…

Nursing facility physical en- vironment; existing nursing facilities. (a) Ap- plicability. This regulation shall apply to all nurs- ing facilities licensed on the effective date of this regulation. (b) Codes and standards. Each nursing facil- ity shall meet the requirements of th…

Nursing facility physical en- vironment; details and finishes. Each nursing facility shall incorporate details and finishes to create a home environment. (a) Codes and stan- dards. Nursing facilities may be subject to codes, standards, and regulations of several different jurisdi…

Nursing facility physical envi- ronment; mechanical, electrical, and plumb- ing systems. (a) Applicability. This regulation shall apply to all nursing facilities. (b) Codes and standards. Each nursing facil- ity shall meet the requirements of the building codes, standards, and re…