Chapter 39 — DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE

39-939. Unlawful acts. It shall be unlawful in any adult care home to house, care for or permit: (a) Any resident to stay in any unapproved room, area, or detached building. (b) Abuse, neglect, or cruel treatment of any resident. (c) The admission to resident status of any person…

39-940. Forms for application, reports, records and inspections; records open to inspection; unlawful acts. (a) The secretary for aging and disability services may prescribe and supply necessary forms for applications, reports, records and inspections for adult care homes. All pr…

39-941. Adult care homes; license and regulation; certain organizations exempt. Nothing in this act shall be construed to apply to any licensed general hospital or any nursing care facility operated by and in conjunction with a licensed hospital, or to an adult care home operated…

39-942. License in effect on effective date of act continued in effect; exceptions. All licenses, issued under the provisions of chapter 39, article 9, of the Kansas Statutes Annotated, for adult care homes or homes for the aged in force upon the taking effect of this act shall c…

39-943. Penalties. Any person operating an adult care home in this state without a license under this law shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100, or by imprisonment in the county jail for a period of not more than si…

39-944. Injunctions and other process. Notwithstanding the existence or pursuit of any other remedy, the secretary for aging and disability services, as the licensing agency, in the manner provided by the Kansas judicial review act, may maintain an action in the name of the state…

39-945. Correction orders; issuance; contents. (a) A correction order may be issued by the secretary for aging and disability services or the secretary's designee to a person licensed to operate an adult care home whenever the state fire marshal or the marshal's representative or…

39-946. Civil penalty; issuance; notice of assessment; factors in determining amount of civil penalty; enforcement. (a) If upon reinspection by the state fire marshal or the marshal's representative or a duly authorized representative of the secretary for aging and disability ser…

39-947. Appeals to secretary; hearing; disposition of civil penalties. Any licensee against whom a civil penalty has been assessed under K.S.A. 39-946, and amendments thereto, may appeal such assessment within 10 days after receiving a written notice of assessment by filing with …

39-947a. Informal dispute resolution; written request; procedure. (a) Upon receipt of a statement of deficiencies, an adult care home administrator may within 10 calendar days after receipt of a statement make a written request to the secretary for aging and disability services f…

39-948. Appeals to district court; disposition of civil penalties. (a) A licensee may appeal to the district court from a decision of the secretary for aging and disability services under K.S.A. 39-947, and amendments thereto. The appeal shall be tried in accordance with the prov…

39-949. Disposition of moneys. All civil penalties collected pursuant to the provisions of this act shall be deposited in the state general fund. History: L. 1978, ch. 161, § 5; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents …

39-950. Rules and regulations. The secretary for aging and disability services may adopt rules and regulations necessary to carry out the provisions of this act. History: L. 1978, ch. 161, § 6; L. 2003, ch. 149, § 15; L. 2014, ch. 115, § 139; July 1. Previous | Next LEGISLATIVE C…

39-951. Authority granted under act additional and not limiting. The authority granted to the secretary for aging and disability services under this act is in addition to other statutory authority the secretary for aging and disability services has to require the licensing and op…

39-952. Correction order not issued, when. The secretary for aging and disability services or the secretary's designee shall not issue a correction order to a person licensed to operate an adult care home because of a violation of a provision of article 9 of chapter 39 of the Kan…

39-953. Citation of act. K.S.A. 39-923 to 39-944, inclusive, and acts amendatory thereof or supplemental thereto, and K.S.A. 39-931a and 39-945 to 39-952, inclusive, and acts amendatory thereof or supplemental thereto, shall be known and may be cited as the adult care home licens…

39-953a. Order prohibiting new admissions to adult care home; when issued; proceedings; remedy not limiting. (a) At any time the secretary for aging and disability services initiates any action concerning an adult care home in which it is alleged that there has been a substantial…

39-953b. Annual report of violations resulting in issuance of correction orders and civil penalties. (a) The secretary shall issue annually to each adult care home a report summarizing by category of licensure, violation and frequency of occurrence those violations which have res…

39-954. Application for receiver; order appointing; qualifications of persons designated and method of selection, rules and regulations. (a) The secretary for aging and disability services, the owner of an adult care home, or the person licensed to operate an adult care home may …

39-955. Filing application for receivership; contents. The application for receivership shall be filed in the Shawnee county district court or the district court in the county where the adult care home is located. The application shall be verified and set forth the specific reaso…

39-956. Service of copies of application for receivership; posting in adult care home. The applicant shall serve those persons set forth in K.S.A. 39-954, and amendments thereto, with copies of the application. Service of process shall be as provided for under the code of civil p…

39-957. Answer to application for receivership. A party shall file an answer to the application within five days after the service of process of the application. History: L. 1978, ch. 163, § 4; L. 2019, ch. 55, § 32; May 9. Previous | Next LEGISLATIVE COORDINATING COUNCIL General…

39-958. Priority of application for receivership in district court; evidence; appointment of receiver; certain statutes inapplicable to license granted receiver; length of license. (a) The application for receivership shall be given priority by the district court and shall be hea…

39-959. Powers and duties of receiver. (a) A receiver appointed in accordance with the provisions of this act shall have the following powers and duties: (1) Conduct the day to day business operations of the adult care home; (2) operate the adult care home to provide safe and ade…

39-960. Expenditures from moneys appropriated for purposes of act; when authorized; repayment. (a) The secretary for aging and disability services, upon request of a receiver, may authorize expenditures from moneys appropriated for purposes set forth in this act if incoming payme…

39-961. Kansas department for aging and disability services to assist receiver; expenses of department; repayment. (a) The personnel and facilities of the Kansas department for aging and disability services shall be available to the receiver for the purposes of carrying out the r…

39-962. Supervision of district court; final accounting; removal. The receiver shall be subject to the supervision of the district court. The receiver shall file a final accounting with the district court upon the termination of the receivership. The receiver shall be subject to …

39-963. Termination of receivership; circumstances; accounting and disposition of money; court orders for recovery of certain expenses and costs. (a) The court shall terminate the receivership only under any of the following circumstances: (1) Twenty-four months after the date on…

39-964. Procedures for and review and enforcement of administrative actions. (a) The provisions of the Kansas administrative procedure act and the Kansas judicial review act shall govern all administrative proceedings conducted pursuant to K.S.A. 39-945 through 39-963, and amendm…

39-965. Penalties for violations posing serious physical harm to resident. (a) If the secretary for aging and disability services determines that an adult care home is in violation of or has violated any requirements, standards or rules and regulations established under the adult…

39-966. History: L. 1992, ch. 322, § 2; Repealed, L. 1994, ch. 147, § 3; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…

39-967. Skilled nursing home or intermediate nursing care home means nursing facility. Wherever the terms "skilled nursing home" or "intermediate nursing care home", or words of like effect, are referred to or designated by a statute or rule and regulation, such reference or desi…

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. (a) The secretary for aging and disability services shall upon request receive from the Kansas bureau of investigation in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto, without charge, such criminal history record i…

39-970. Adult care home; definitions; operation; precluded, when; access of secretary of health and environment to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed…

39-971. Quality enhancement wage pass-through program; eligible employees; quarterly wage audits; limitations on use of pass-through moneys; "nursing facilities" defined. (a) Notwithstanding any provision of law to the contrary, and within the limits of appropriations therefor, t…

39-972. Residents receiving long-term care in medicaid approved institution; personal needs fund; supplemental income. (a) The head of the designated state medicaid agency shall authorize for each resident and each resident spouse of a nursing facility receiving long-term care in…

39-973. Operator registration act. K.S.A. 39-973 through 39-980, and amendments thereto, shall be known and may be cited as the operator registration act. History: L. 2014, ch. 94, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Do…

39-974. Same; definitions. As used in the operator registration act: (a) "Operator" means an individual registered pursuant to the operator registration act who may be appointed by a licensee to have authority and responsibility to oversee an adult care home. (b) "Secretary" mean…

39-975. Same; registration of operators; rules and regulations. (a) On and after July 1, 2014, no person shall represent that such person is an operator unless such person is registered under the operator registration act as an operator. A violation of this subsection is a class …

39-976. Same; operator registration on adult care home administrator license required. On and after July 1, 2014, no adult care home shall be operated unless under the supervision of an operator who holds a valid registration as an operator issued pursuant to the operator registr…

39-977. Same; waiver of registration requirements, when. (a) Upon application and within two years of July 1, 2014, the secretary may waive the requirements of (b)(2) and (b)(6) of section 4, and amendments thereto, and grant a registration to any applicant so long as the applica…

39-978. Same; registration renewal. (a) Every individual who holds a valid registration as an operator shall apply to the department for renewal of such registration in accordance with rules and regulations adopted by the secretary. (b) Upon making an application for a renewal of…

39-979. Same; fees; health occupations credentialing fee fund. (a) There is hereby created in the state treasury the health occupations credentialing fee fund to be administered by the secretary for aging and disability services. All expenditures from the health occupations crede…

39-980. Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary. (a) The secretary may deny, refuse to renew, suspend or revoke a registration where the operator or applicant: (1) Has obtained, or attempted to obtain, a registrati…

39-981. Authorized electronic monitoring; reasonable accommodations; notice; consent; use as evidence; prohibitions. (a) As used in this section: (1) "Adult care home" means the same as defined in K.S.A. 39-923, and amendments thereto; (2) "authorized electronic monitoring" means…

39-982. Requirements of Kansas department for aging and disability services; COVID-19 public health emergency; infection control inspections; provision of personal protective equipment, sanitizing supplies and tests; adoption of best practices. The Kansas department for aging and…

39-1001. Purpose of act. The purpose of this act shall be to aid in development, maintenance, improvement or expansion of day care programs for children with intellectual or other disabilities in this state. History: L. 1965, ch. 291, § 1; L. 2012, ch. 91, § 21; July 1. Previous …

39-1002. Secretary for children and families designated as official to accept and disburse funds. The secretary for children and families hereinafter referred to as the secretary is hereby designated as the official of this state authorized to accept and disburse funds made avail…

39-1003. Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities. The secretary shall make no commitment or enter into any agreement pursuant to exercising authority under this act until the secretary deter…