Kansas Administrative Code

(Authorized by and implementing K.S.A. 39-708c; effective Oct. 1, 2001; revoked, T-30-10-31-13,Nov.1,2013;revokedFeb.28,2014.)

(Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; revoked, E-82-11, June 17, 1981; revoked May 1, 1982.)

(Authorized by K.S.A. 39-708c; im- plementing K.S.A. 39-708c and K.S.A. 39-709; ef- fective July 1, 2004; revoked, T-30-10-31-13, Nov. 1, 2013; revoked Feb. 28, 2014.)

(Authorized by and implementing K.S.A. 39-708c, 39-709; effective Jan. 2, 1992; amended May 1, 2002; revoked, T-30-10-31-13, Nov. 1, 2013; revoked Feb. 28, 2014.)

This regulation shall be revoked on and after March 1, 1997. (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

(Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; revoked, T-30-10-31-13, Nov. 1, 2013; re- voked Feb. 28, 2014.)

Scope. The regulations set forth in this article shall provide for the licensing of, and set the standards for the services and programs required of, community mental health centers, including the following: (a) Each center organized as a community men- tal health center pursuant…

Establishment of a new com- munity mental health center; altered service area. (a) Pursuant to K.S.A. 19-4001 and amend- ments thereto, the establishment of a new com- munitymentalhealthcentershallnotbeapproved by the secretary if the proposed center’s service area is already bei…

Necessary elements for a pro- posal to establish a new community mental health center or to realign the service area of one or more existing centers. (a) A writ- ten request for approval of the establishment of a new community mental health center, or of the realignment of the se…

Approval or disapproval of a proposal to establish a new community men- tal health center or to realign the service area of one or more existing centers. (a) Each pro- posal to establish a new community mental health center, or to realign the service area of one or more licensed …

Responsibility for compliance. (a) Each center shall comply with the require- ments of this article. (b) Each center shall ensure compliance with the applicable requirements of this article by any affiliated center, affiliate, or contractor with which the center has entered into …

Departmental assistance; coop- eration with compliance monitoring. One or more employees of the division may be assigned by the department to provide technical assistance to a licenseeortoassistalicenseeindevelopingitsqual- ity improvement program or other similar respon- sibilit…

Access; identification; infor- mation. (a) Each center shall make every reason- able effort to overcome any barriers that consum- ers may have to receiving services, including the following: (1) Physical disabilities; (2) disabilities specifically resulting from any mental illnes…

No denial of required services; exceptions; requirements; rights, documen- tation. (a) No center shall deny necessary and ap- propriate services to any person requesting men- tal health services from that center unless any of the following conditions is met: (1) The person requir…

Prohibition against denial of required services because of an inability to pay fees; establishment of a schedule of fees; adjustment; disclosure; reviews; collection of fees. (a) No center shall deny to any consumer requesting services from that center any neces- sary and appropr…

Coordination and community involvement. Each center, in order to facilitate the coordination of services between itself and other agencies and the referral of consumers, both to the center by others and by the center to other providers of services, shall establish and maintain co…

Data and statistical reporting. (a) Each center shall compile and report to the division data and statistics concerning the opera- tions of the center and its utilization by the com- munity as the division may require. (b) These data and statistical reporting require- ments shall…

Definitions. Words and phrases used in this article but not defined in this regu- lation shall have the same meanings as they are defined to have in the “care and treatment act for mentally ill persons,” K.S.A. 59-2945 et seq., and amendments thereto, or in the “mental health ref…

Governing or advisory board; powers; bylaws. (a) Each center shall have a gov- erning board empowered to perform the following: (1) Adopt bylaws and establish policies and pro- cedures for the center; (2) set goals and adopt necessary plans and a budget for the center; and (3) ex…

Conflict of interest prohibit- ed. Each licensee shall ensure that no individu- al serving on the licensee’s governing or advisory board or as an employee, contractor, or consultant engages in activities constituting a conflict of in- terest between the licensee’s provision of se…

Annual audit. (a) Each center shall annually obtain an independent audit of the financial affairs and records of the center. (b) The reports of this audit shall be made avail- able to anyone upon request. (c) A copy of the two most recently complet- ed audit reports shall be atta…

Mission and vision statements; strategic plan; coordination with quality im- provement program. (a) Each center shall de- velop,adopt,anddisplayatappropriatelocationsa statement of its mission, including a concise state- ment of the purpose for which the center exists, the genera…

(b) “Affiliated center” means any community mental health center that is licensed by the sec- retary in accordance with this article, based upon the exception specified in K.S.A. 75-3307b(b) and amendments thereto. (c) “Center” means a community mental health center that is organ…

Solicitation and consideration of consumer comments and suggestions. (a) Each center shall adopt and adhere to written policies and procedures that provide for regular and ongoing solicitation of comments and sug- gestions from its consumers. Each center shall utilize both formal…

Personnel. (a) Each licensee shall vest the following duties in an executive di- rector, to be appointed by and responsible to the governing board of a center, or as provided for in the bylaws or other policies and procedures of an affiliated provider: (1) Responsibility for the …

Personnel policies and proce- dures. (a) Each licensee shall adopt and adhere to written personnel policies and procedures pro- viding for the rights, duties, and responsibilities of all members of the licensee’s staff. (b) These policies and procedures shall require the followin…

Administrative records. Each licensee shall adopt and adhere to written policies and procedures providing for the creation, reten- tion, and destruction of accurate administrative and business records that shall clearly reflect the business, financial, and administrative operatio…

Clinical records.(a)Eachlicens- ee shall adopt and adhere to written policies and procedures providing for a written, consolidated, and current clinical record for each consumer to whom the licensee provides any service. (b) This record shall meet the following criteria: (1) Be c…

Confidentiality and release of information. (a) Each licensee shall adopt and adhere to written policies and procedures that shall ensure the confidentiality of the clinical record, and all portions of that record, and any other information concerning each consumer who has at any…

De-escalation techniques and emergency behavioral interventions. (a) Each center shall adopt and adhere to written policies and procedures that require the following: (1) Each staff member, volunteer, and contrac- tor shall utilize only de-escalation techniques or emergency behav…

Transportation. (a) Each licens- ee providing any transportation to consumers shall adopt and adhere to written policies and procedures that require the following: (1) Before a staff member, a volunteer, or a con- tractorprovidesanytransportationofaminorcon- sumer, the staff memb…

Two types of license; require- ments. (a) Two types of license shall be issued by the secretary in accordance with this article. One shall be titled “community mental health center.” The other shall be titled “affiliated community mental health center.” To be eligible for either …

Statement of rights; distribu- tion; adherence to. (a) Each center shall publish and make available at the center, at the principal place of business of each affiliated provider with which the center has an affiliation agreement, and at other appropriate locations a written state…

Complaints; review; appeals; procedures; records. (a) Each center shall adopt and adhere to written policies and proce- dures that allow for any consumer, individual, or agency to make a written complaint about any member of the staff or any aspect of the center’s operations, req…

Quality improvement pro- gram; records. (a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive quality improvement program designed to continually measure, assess, and improve the quality of the services that are provided by the…

Risk management program; records. (a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive risk management program designed to review and evaluate clinical and ad- ministrative activities for the following purposes: (1) Identifyin…

Utilization review program; re- cords. (a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive utilization review program de- signed to facilitate the delivery of high-quality, cost-effective, appropriate services by the center a…

Licensing procedure; compli- ance surveys; duration and renewal of li- cense; provisional license. (a) Each agency or licensee desiring a new or renewed license as a “community mental health center” or an “af- filiated community mental health center” shall 159 Licensing of Commun…

(Authorized by and implementing K.S.A. 75-3307b, K.S.A. 1990 Supp. 39-1603, 39- 1604(d), 39-1608(a) and (c), 65-4434(f); effective Oct. 28, 1991; revoked July 7, 2003.)

(Authorized by and implementing K.S.A. 75-3307b, K.S.A. 1990 Supp. 39-1603, 39- 1604(d), 39-1608(a) and (c), 65-4434(f); effective Oct. 28, 1991; revoked July 7, 2003.)

Basic service delivery stan- dards; service components. (a) Each licensee shall provide all services in a manner consistent with the following basic service delivery stan- dards. Each service provided by a licensee shall include the following components: (1) An initial assessment…

Timeliness of response; re- quirements; documentation when unable to comply; referral to quality improvement pro- gram. (a) Each center shall respond to every con- tact or request for services by first determining, in a manner that is consistent with applicable clinical practices…

Required basic community support services. (a) Each center shall provide asappropriate,throughthecenter,acontractor,or any affiliated center or other provider with which the center has an affiliation agreement, each of the following basic community support services: (1) Orientati…

Suspension; revocation of a li- cense; procedure; voluntary surrender. (a) Any license issued by the secretary in accordance with this article may be suspended or revoked for failure of the licensee to be in compliance with the applicable requirements of this article. (b) A licen…

Optional services. The services specified in K.A.R. 30-60-71 through K.A.R. 30- 60-76 shall be deemed optional services that a licensee may choose to offer directly or through a contractor. If a licensee elects to provide any or all of these services, the licensee, or its contrac…

Alcohol and substance abuse services. If a licensee provides, directly or through a contractor, specialized alcohol or sub- stance abuse services, these services shall meet the following conditions: (a) Be separately li- censed or certified as required by the department; (b) be p…

Acute care services. If a center provides, directly or through a contractor, services consisting of inpatient care and treatment that is more intensive than outpatient treatment, in a fa- cility or unit that is separately licensed by this de- partment as a psychiatric hospital or…

Partial or day hospitaliza- tion services. If a licensee provides, directly or through a contractor, partial or day hospitalization services, these services shall meet the following conditions: (a) Be provided in compliance with the requirements of the department’s medicaid regul…

Residential treatment ser- vices. If a licensee provides, directly or through a contractor, residential treatment services at a fa- cility other than in a consumer’s own home, these services shall meet the following conditions: (a) Be separately inspected or licensed as required …

(Authorized by and implementing K.S.A. 75-3307b, K.S.A. 1990 Supp. 39-1603, 39- 1604(d), 39-1608(a) and (c), 65-4434(f); effective Oct. 28, 1991; revoked July 7, 2003.)