Kansas Administrative Code

(Authorized by K.S.A. 1980 Supp. 39-708c; effective, E-74-43, Aug. 16, 1974; effec- tiveMay1,1975;amended,E-78-35,Dec.30,1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; revoked May 1, 1981.)

Personal needs fund. (a) At the time of admission, each nursing facility provider shall furnish each resident and the resident’s rep- resentative, if any, with a written statement that meets the following requirements: (1) Lists all services provided by the provider, distinguishi…

(Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, E-74-43, Aug. 16, 1974; effective, E-74-44, Aug. 28, 1974; effective May 1, 1975; amended, E-76-34, July 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amend- ed May 1, 19…

(Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, E-74-44, Aug. 28, 1974; effective May 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-79-20, Aug. 17, 1978; amended May 1, 1979; amended, E-…

(Authorized by and implementing K.S.A. 1997 Supp. 39-708c; effective May 1, 1985; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Aug. 14, 1998; revoked Aug. 15, 2003.)

(Authorized by and implement- ing K.S.A. 39-708c; effective May 1, 1985; amend- ed May 1, 1988; amended Jan. 2, 1989; amend- ed Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended July 1, 1991; amended Nov. 2, 1992; amended Jan. 3, 1994; amended Dec.…

(Authorized by and implement- ing K.S.A. 39-708c; effective May 1, 1985; amend- ed May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Oct. 28, 1991; amended Nov. 2, 1992; amended Jan. 1…

This rule and regulation shall expire on July 1, 1991. (Authorized by and im- plementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective May 1, 1987; amend- ed Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; revoked July 1, 1991.)

(Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Oct. 28, 1991; amended Nov. 2, 199…

(Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended May 1, 1986; amended, T-87-29, Nov. 1, 1986; amended May 1, 1987; amended, T-89-5, Jan. 21, 1988; amended Sept. 26, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1- 90, Oct. 1, 199…

(Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Oct. 28, 1991; amended Nov. 2, 1992; amended Jan. 3, 19…

Nursing facility program defi- nitions. (a) The following words and terms, when used in this article, shall have the follow- ing meanings, unless the context clearly indicates otherwise. (1) “Accrual basis of accounting” means that revenue of the provider is reported in the peri-…

Nursing facility program pro- viders. (a) The nursing facility program providers shall include the following types of care facilities: (1) Nursing facilities; and (2) nursing facilities for mental health, which shall have been operating in accordance with a provider agreement wit…

Provider agreement. (a) As a prerequisite for participation in the medicaid/ medikan program as a nursing facility provider, the owner of the real and personal property used to provide the nursing facility services or the les- see of such real and personal property shall en- ter …

Inadequate care. (a) If the agen- cy determines that inadequate care is being pro- vided to a recipient or that a recipient’s rights are being violated, payment to the nursing facility may be terminated or suspended. (b)Iftheagencydeterminesthatanursingfacil- ity has not correcte…

(Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective May 1, 1984; revoked May 1, 1986.)

Private pay wings. As a pre- requisite for participation in the medicaid/ medikan program, a nursing facility shall not de- 99 Adult Care Home Program 30-10-3 velop private pay wings or segregate medicaid/ medikan residents to separate areas of the nurs- ing facility. The effecti…

Standards for participation; nursing facilities and nursing facilities for mental health.(a)Asaprerequisiteforparticipa- tion in the Kansas medical assistance program as a provider of nursing facility services, each nursing facility and each nursing facility for mental health sha…

Payment of claims. (a) Payment to participating providers. Each participating pro- vider shall be paid, at least monthly, a per diem 105 Adult Care Home Program 30-10-21 rate for nursing facility services, excluding resi- dent liability, rendered to eligible residents if all of t…

(Authorized by and implement- ing K.S.A. 1990 Supp. 39-708c; effective, T-30-10- 1-90, Oct. 1, 1990; effective Jan. 30, 1991; amend- ed Oct. 1, 1991; amended April 1, 1992; revoked Sept. 19, 2008.) 109 Adult Care Home Program 30-10-204

Intermediate care facilities for mentally retarded. (a) Change of provider. (1) The current provider or prospective provid- er shall notify the agency of a proposed change of providers at least 60 days in advance of the closing transaction date. Failure to submit a timely noti- f…

ICF-MR provider agree- ment. As a prerequisite for participation in the medicaid/medikan program as an ICF-MR pro- vider, the owner or lessee shall enter into a pro- vider agreement with the agency on forms pre- scribed by the secretary. The effective date of this regulation shal…

ICF-MR inadequate care. (a) When the agency determines that inadequate care is being provided to a client, payment to the ICF-MR for the client may be terminated. (b) When the agency receives confirmation from the Kansas department of health and envi- ronment that an ICF-MR has n…

ICF-MR standards for par- ticipation; intermediate care facility for the mentally retarded or clients with related conditions. As a prerequisite for participation in the medicaid/medikan program as a provider of intermediate care facility services for the mentally retarded or cli…

ICF-MR admission proce- dure. (a) Admission procedure for ICF’s-MR shall be pursuant to 42 CFR 483.440, effective October 3, 1988, which is adopted by reference. (b) An ICF-MR shall not require a private- paying client to remain in a private-pay status for any period of time afte…

ICF-MR certification and re- certification by physicians. (a) Certification. At the time of admission to an ICF-MR or at the time any ICF-MR client applies for medical as- sistance under the medicaid/medikan program, a physician or physician extender shall certify that the servic…

ICF-MR inspection of care and utilization review. (a) The inspection of care team from the Kansas department of health and environment shall conduct an inspection of care and utilization review of each medicaid/ medikan client in all intermediate care facilities for the mentally …

ICF-MR personal needs fund. (a) At the time of admission, ICF-MR pro- viders shall furnish that client and the representa- tive with a written statement that: (1) Lists all services provided by the provider, distinguishing between those services included in the provider’s per die…

ICF-MR prospective re- imbursement. Providers participating in the medicaid/medikanprogramshallbereimbursedfor ICF-MR services through rates that are reasonable andadequatetomeettheclient-relatedcostswhich must be incurred by efficiently and economically operated facilities in or…

Reserve days. (a) Payment shall be available for nursing facility residents, exclud- ing those on planned temporary stays, for days for which it is necessary to reserve a bed in a nursing facility (NF) or nursing facility for mental health (NF-MH) when the resident is absent for …

(Authorized by and implement- ing K.S.A. 1990 Supp. 39-708c; effective, T-30- 12-28-90, Dec. 28, 1990; effective March 4, 1991; 113 Adult Care Home Program 30-10-211 amended Oct. 1, 1991; amended April 1, 1992; revoked Sept. 19, 2008.)

ICF-MR financial data. (a) General. The per diem rate or rates for providers participating in the medicaid/medikan program shall be based on an audit or desk review of the costs reported to provide client care in each fa- cility. The basis for conducting these audits or re- views…

ICF-MR extra care. (a) Ad- ditional reimbursement for direct services shall be available to ICF’s-MR for medicaid/medikan clients in need of extra care. Failure to obtain prior authorization shall negate reimbursement for this service. (b) Extra care shall be considered a covered…

ICF-MR cost reports. (a) His- torical cost data. (1) For cost reporting purposes, each provider shall submit the ICF-MR financial and statistical report in accordance with the instructions in- cluded in this regulation. The report shall cover a consecutive 12-month period of oper…

ICF-MR rates of reimburse- ment. (a) Rates for ICF’s-MR. (1) The determination of per diem rates shall be made, at least annually by the secretary, on the basis of the cost information supplied by the provider, and retained for cost auditing. The cost information for each provide…

ICF-MR rates; effective dates. (a) Effective date of per diem rates for ex- isting facilities. The effective date of a new rate that is based on information and data in the ICF/ MR cost report shall be the first day of the third calendar month following the month the com- plete c…

ICF-MR payment of claims. (a) Payment to participating provider. Each par- ticipating provider shall be paid, at least monthly, a per diem rate for ICF-MR services, excluding client liability, rendered to eligible clients pro- vided that: (1) The agency is billed on the turn-arou…

ICF-MR reserve days. (a) Payment shall be available for days for which it is necessary to reserve a bed in an intermediate care facility for the mentally retarded when the client is absent for: (1) admission to a hospital for acute conditions; (2) therapeutically indicated home v…

ICF-MR non-reimbursable costs. (a) Costs not related to client care, as set forth in K.A.R. 30-10-200, shall not be considered in computing reimbursable costs. In addition, the following expenses or costs shall not be allowed: (1) Fees paid to non-working directors and the salari…

ICF-MR costs allowed with limitations. (a) The following expenses or costs shall be allowed with limitations: (1) Loan acquisition fees and standby fees shall be amortized over the life of the related loan if the loan is related to client care. (2) Only the taxes specified below …

This rule and regulation shall expire on January 30, 1991. (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; ef- fective May 1, 1985; revoked, T-30-10-1-90, Oct. 1, 1990; revoked Jan. 30, 1991.)

ICF-MR revenues. A statement of revenue shall be required as part of the cost report forms. (a) Revenue shall be reported in ac- cordance with general accounting rules as record- ed in the accounting records of the facility and as required in the detailed revenue schedule in the …

ICF-MR compensation of owners, spouses, related parties and admin- istrators. (a) Non-working owners and related parties. Remunerations paid to non-working own- ers or other related parties, as defined in K.A.R. 30-10-200, shall not be considered an allowable cost regardless of t…

ICF-MR ownership reim- bursement fee. (a) The agency shall determine an allowable cost for ownership. (b) (1) The ownership allowance shall include an appropriate component for: (A) Rent or lease expense; (B) interest expense on real estate mortgage; (C)amortizationofleaseholdimp…

ICF-MR interest expense. (a) Only necessary and proper interest on working capital indebtedness shall be an allowable cost. (b) The interest expense shall be incurred on indebtedness established with: (1) Lenders or lending organizations not related to the borrower; or (2) partne…

ICF-MR central office costs. (a) Allocation of central office costs shall be rea- sonable, conform to general accounting rules, and allowed only to the extent that the central office is providing a service normally available in the ICF- MR. Central office costs shall not be recog…

ICF-MR client days. (a) Cal- culation of client days. (1) Client day has the meaning set forth in K.A.R. 30-10-200. (2) If both admission and discharge occur on the same day, that day shall be considered to be a day of admission and shall count as one client day. (3) If the provi…

This rule and regulation shall expire on October 1, 1991. (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; revoked Oct. 1, 1991.) GROUP BOARDING HOMES FOR CHILDREN AND YOUTH 30-11…

(Authorized by and implement- ing K.S.A. 39-708c; effective May 1, 1985; amend- ed May 1, 1988; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended July 1, 1991; amended Oct. 28, 1991; amended May 1, 1992; amended Nov. 2, 1992; amended Jan. 3, 1994; amended Dec. 2…

(Authorizedbyandimplementing K.S.A. 39-708c; effective May 1, 1985; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended May 1, 1992; amended Nov. 2, 1992; amended Dec. 29, 1995; amended Aug. 15, 2003; amended May 1, 2005; revoked Sept. 19, 2008.)