Kansas Administrative Code

Research programs. If a licens- ee conducts research programs utilizing human subjects, directly through research being conduct- ed by the staff of the licensee or of a contractor, these programs shall meet the following condi- tions: (a) Be strictly conducted under written pol- …

Notice of need of a license; or- der to cease; appeal. (a) Upon the division’s notice to any person or agency of the division’s de- termination that the person or agency is providing services for which a license issued in accordance with this article is required, that person or a…

Scope. The regulations in this arti- cle shall apply to each community mental health center licensed by the secretary in accordance with article 60 that desires to enter into a con- tract with the secretary pursuant to the “mental health reform act,” K.S.A. 39-1601 et seq., and a…

Screening and gatekeeping services. (a) Each participating community men- tal health center shall provide, when necessary or when requested and necessary, to any per- son found within the service area of the center, screening services to determine whether either of the following …

Liaison services. (a) Each par- ticipating community mental health center shall designate staff who shall perform the following: (1) Regularly visit at the hospital with every per- son admitted to a state psychiatric hospital from the service area of the center, whether on a volu…

Enhanced community sup- port services. (a) Each participating communi- ty mental health center shall provide directly, or through a contractor, an affiliated center, or any other provider with which the center has an affil- iation agreement, enhanced community support services in…

(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.) DISABILITIES—LICENSING PROVIDERS OF COMMUNITY SERVICES

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, in the “mental health reform…

Annual contracts; application; plan for compliance; term. (a) Each commu- nity mental health center desiring to become the participating community mental health center for its service area shall apply to the secretary for a contract on an annual basis at the time and in the manne…

Preference for licensed service area center; secretary’s right to contract with another licensed center. (a) Preference shall be given to the community mental health center in each service area to enter into a contract with the secretary to become the participating community ment…

Definitions. (a) Words and phrases used in this article shall have the same meanings as set forth in K.S.A. 39-1803, and amendments thereto.Inaddition,thefollowingtermsshallhave the meaning ascribed to them in this regulation. (1) “Agent” means any individual utilized by a provid…

License required; exceptions. (a) Each individual, group, association, corpora- tion, local government department, or local qua- sigovernmentagencyprovidingservicestopersons 18 years of age or older in need of services greater than those provided in a boarding care home as define…

Two types of license; display. (a) Two types of license may be issued by the sec- retary pursuant to this article to operate as a pro- vider. One type shall be a “full license,” and the other type shall be a “limited license.” Both types of license may be issued on a “temporary” …

(b) Both licenses issued pursuant to this article shall be prepared by the commission. (c) Each holder of a license shall prominently display the license in the holder’s principal place of business. (d) A full license shall apply to all providers ex- cept those providers specifie…

Compliance reviews; media- tion; enforcement actions; emergency or- ders. (a) At any time deemed necessary by the commissioner, a licensed provider may be re- viewed by the commission to ensure continuing compliance with the requirements of this article. (b) If a finding indicate…

Revocation of a license; sus- pension. (a) Any license issued pursuant to this article may be suspended or revoked before the expiration date for failure of the provider to com- ply with the requirements of this article. (b) A provider’s license may be suspended during the revoca…

Mandated requirements. (a) In order to be eligible to be licensed as a provider, each applicant shall demonstrate that the appli- cant either complies with or can comply with all applicable requirements of this article and all ap- plicable requirements of article 64. (b) For good…

Person-centered support plan- ning; implementation. (a) The provider shall prepare a written person-centered support plan for each person served that shall meet these re- quirements: (1) Be developed only after consultation with the following: (A) The person; 191 30-63-21 Disabil…

Individual rights and responsi- bilities. (a) Each provider shall at all times en- courage and assist each person served to under- stand and exercise the person’s individual rights and to assume the responsibilities that accompany these rights. (b) Each person served shall be gua…

Medications; restrictive inter- ventions; behavioral management commit- tee. (a) A provider shall take proactive and reme- dial actions to ensure appropriate, effective, and informed use of medications and other restrictive interventions to manage behavior or to treat diag- nosed…

Individual health. (a) A provid- er shall assist each person served, as necessary, in obtaining the medical and dental services to which the person has access and that may be re- quired to meet the person’s specific health care needs, including the following: (1) Scheduling and r…

Nutrition assistance. (a) Ex- cept when a provider is providing services to a person living in the home of a member of that person’s family, the provider shall assist each person served in obtaining daily access to a well- balanced, nutritious diet consistent with the pro- vision…

Staffing; abilities; staff health. (a) A provider shall provide professional and direct service staff in numbers sufficient to meet the sup- portandserviceneedsofeachpersonbeingserved. (b) Each employee shall be able to perform the employee’s job duties before working without ove…

Emergency preparedness. (a) Each agent of each provider shall be: (1) trained in general fire, safety and emergency procedures; (2) trained and able to effectively and efficiently evacuate any building within which the agent is providing services, including knowing: (A) alternati…

Abuse; neglect; exploitation. (a) Whenever any agent of a provider suspects that abuse, neglect, or exploitation is or has taken place, that agent shall immediately take appropri- ate action to ensure that any specifically involved person or persons and all others are protected w…

Records. (a) A provider shall maintain records for each person served. These records shall include the following: (1) any application or agreement for services; (2) any financial agreement made between the provider and the person; (3) any incident or accident reports; (4) a healt…

Physical facilities. (a) A provid- er shall maintain each site in which services are provided to any person and that is owned, leased, or made available by contract to be operated by a provider, any employee or board member of a provider, or any entity owned or controlled by a pr…

Registration with the commu- nity developmental disability organizations (CDDOs). (a) Anytime a provider does not have an affiliation agreement in force with the CDDO for that service area, the provider shall: (1) register with the CDDO, listing the types of services that the pro…

Case management. (a) Each community services provider providing case man- agement services shall perform the following: (1) Develop and implement policies and pro- cedures concerning the provision of case man- agement services that are consistent with the requirements of this reg…

Definitions. (a) Words and phrases used in this article shall have the same meanings as thosesetforthinK.S.A.39-1803orasdefinedinar- ticle 63. In addition, the following terms shall have the meaning ascribed to them in this regulation: (1) “home county” means, as determined by th…

Currently established and rec- ognized community mental retardation cen- ters now recognized as community develop- mental disability organizations (CDDOs). (a) Each community mental retardation center or- 198 DEPARTMENT FOR CHILDREN AND FAMILIES 30-64-11 ganized pursuant to the p…

Establishment of new commu- nity developmental disability organizations (CDDOs). (a) Except in compliance with this ar- ticle, a new CDDO shall not be established if the proposed service area is already being served by one or more existing CDDOs. (b) Except in compliance with thi…

Application for approval of a proposal to establish a new community de- velopmental disability organization or to re- align the service area of one or more existing CDDOs; requirements. (a) Anyone proposing the establishment of a new CDDO, or the realign- ment of the service area…

Approval or disapproval of a proposal to establish a new community de- velopmental disability organization or to re-align the service area of one or more ex- isting CDDOs. (a) Before the approval or dis- approval of a proposal to establish a new CDDO, or to re-align the service a…

Contracting community devel- opmental disability organizations; require- ments; enforcement actions. (a) Each CDDO established according to this article desiring to contract with the secretary pursuant to the provi- sions of the developmental disabilities reform act, K.S.A. 39-18…

Procedures applicable to the service area; development by the CDDO. (a) The governing board of each CDDO desiring to contract with the secretary shall develop written procedures, subject to approval by the commis- sioner, which shall specify how the requirements of this article w…

Implementation responsibili- ties of CDDOs. Each contracting CDDO shall perform the following: (a) Implement the approved service area proce- dures specified in K.A.R. 30-64-21; (b) collect and report to the secretary, in a manner specified by the commission, all infor- mation re…

Single point of application, de- termination, and referral. (a) Each contracting CDDO shall develop and implement policies and procedures by which the CDDO shall act as the singlepointofapplication,eligibilitydetermination, and referral for persons desiring to receive either info…

(Authorized by K.S.A. 39-1810; implementing K.S.A. 39-1805 and 39-1806; effec- tive July 1, 1996; amended Oct. 1, 1998; amended Aug. 23, 2002; amended Dec. 8, 2006; revoked May 30, 2008.)

Uniform access to services. (a) Each contracting CDDO shall implement a plan, developed in coordination with the CDDO’s affili- ates, that results in services being offered and pro- vided in a way that does not discriminate against any person because of the severity of each per- …

Quality enhancement. (a) Each contracting CDDO shall ensure that each service provided by the CDDO or by any affiliate shall be: (1)providedasspecifiedwithin,andinamanner that is responsive to, the person-centered support plan under which that service is being provided; 202 DEPAR…

Quality assurance. (a) Each con- tracting CDDO shall ensure the quality of the ser- vices being provided to persons being served by the CDDO or by an affiliate. Ensuring quality shall include providing for on-site monitoring by a local committee made up of persons served, their f…

Continuity and portability of services. (a) Each contracting CDDO shall en- sure both of the following: (1) That each person who has applied for, ac- cepted, and begun receiving community services continues to receive services consistent with the person’s person-centered support …

Gatekeeping. (a) Each request for admission to an ICF/MR or state institution shall be submitted to the CDDO responsible for the county in which the person is currently resid- ing. The CDDO shall implement a procedure to review each request for admission to an ICF/MR or state ins…

Statewide service access list. Each contracting CDDO shall ensure that each person who has applied for services, been deter- mined eligible for services, and agreed to accept services within the next year following the date of the person’s application, but who cannot now be provi…

Council of community mem- bers. (a) A council of community members orga- nized according to K.A.R. 30-64-22(c) shall meet these criteria: (1) Consist of a selected number of individuals, a majority of whom shall be made up of represen- tatives from each of the following two categ…

Dispute resolution. (a) Each contracting CDDO, in conjunction with the coun- cil of community members as specified in K.A.R. 30-64-31, shall develop and implement a dispute resolution procedure that shall provide persons being served by the CDDO, or by any community service provi…

Fiscal management. (a) Each contracting CDDO shall expend the funds re- ceived pursuant to its contract with the secretary only in accordance with the terms of that contract and this article. (b) A contracting CDDO shall not use funds received through this contract to supplant fu…

(Authorized by and implementing K.S.A. 39-1801, et seq.; effective July 1, 1996; re- voked Feb. 1, 2002.) DEVELOPMENTAL DISABILITY PROVIDER REVOLVING FUND

Eligible providers, loans, inter- est, repayment. (a) Only providers of mental retardation or developmental disability (MR/DD) services otherwise recognized and approved pur- suant to MR/DD programs administered by the department of SRS shall be eligible to participate in the MR/…