reglab/housing_qa huggingface dataset:
KS Stat § 65-5103 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5103 Application for license; annual fee.

65-5103. Application for license; annual fee. (a) Persons desiring to receive a license to operate a home health agency shall file a written application with the secretary on a form prescribed by the secretary.(b) The application shall be accompanied by a license fee fixed by rules and regulations of the secretary that establish a fee based upon the actual or estimated number of home health unduplicated patients admitted to a home health agency during the prior licensure year. The initial license fee may be greater than subsequent annual fees as established by the secretary by rules and regulations.History: L. 1984, ch. 335, § 3; L. 1992, ch. 71, § 1; L. 2017, ch. 17, § 4; July 1.
KS Stat § 65-5105 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5105 Survey inspections.

65-5105. Survey inspections. (a) In addition to the survey inspection required for licensing or for a license to remain in effect, the secretary may make other survey inspections during normal business hours.(b) Each home health agency shall allow the secretary or the authorized representatives of the secretary to enter upon the premises of the home health agency during normal business hours for the purpose of conducting the survey inspection. Failure to allow such entry upon its premises shall constitute grounds for denial, suspension or revocation of a license.History: L. 1984, ch. 335, § 5; L. 1992, ch. 71, § 3; July 1.
KS Stat § 65-5106 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5106 Same; written report; list of deficiencies; exit interview; copies of report.

65-5106. Same; written report; list of deficiencies; exit interview; copies of report. After completion of each survey inspection, a written report of the findings with respect to compliance or noncompliance with the provisions of this act and the standards established hereunder as well as a list of deficiencies found shall be prepared. The list of deficiencies shall specifically state the statute or rule and regulation which the home health agency is alleged to have violated. A copy of the survey inspection report shall be furnished to the applicant, except that a copy of the preliminary survey inspection report signed jointly by a representative of the home health agency and the inspector shall be left with the applicant when an inspection is completed. This preliminary survey inspection report shall constitute the final record of deficiencies assessed against the home health agency during the inspection, all deficiencies shall be specifically listed and no additional deficiencies based upon the data developed at that time shall be assessed at a later time. An exit interview shall be conducted in conjunction with the joint signing of the preliminary survey inspection report. Upon request, every home health agency shall provide to any person a copy of the most recent survey inspection report and related documents, provided the person requesting such report agrees to pay a reasonable charge to cover copying costs.History: L. 1984, ch. 335, § 6; July 1.
KS Stat § 65-5107 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5107 Complaint against home health agency; investigation and hearing; notice.

65-5107. Complaint against home health agency; investigation and hearing; notice. Any person may make a complaint against a home health agency licensed under the provisions of this act by making a complaint through the complaint hotline maintained by the Kansas department for aging and disability services stating the details and facts supporting the complaint. If the secretary determines after an investigation that the charges are sufficient to warrant a hearing to determine whether the license of the home health agency should be suspended or revoked, the secretary shall fix a time and place for a hearing and require the home health agency to appear and defend against the complaint in accordance with the provisions of the Kansas administrative procedure act. A copy of the complaint shall be given to the home health agency at the time it is notified of the hearing. The notice of the hearing shall be given at least 20 days prior to the date of the hearing.History: L. 1984, ch. 335, § 7; L. 1988, ch. 356, § 217; L. 2017, ch. 17, § 6; July 1.
KS Stat § 65-5108 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5108 Refusal to issue, suspension or revocation of license; grounds; hearing.

65-5108. Refusal to issue, suspension or revocation of license; grounds; hearing. (a) The secretary shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to substantially comply with any provision of this act or with any rule and regulation or standard of the secretary adopted under the provisions of this act or for obtaining the license by means of fraud, misrepresentation or concealment of material facts.(b) Any home health agency which has been refused a license or which has had its license revoked or suspended by the secretary may request a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act.History: L. 1984, ch. 335, § 8; L. 1988, ch. 356, § 218; July 1, 1989.
KS Stat § 65-5109 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5109 Rules and regulations; application.

65-5109. Rules and regulations; application. (a) The secretary may adopt reasonable rules and regulations necessary to carry out the provisions of this act. The rules and regulations shall be initially adopted within one year of the effective date of this act.(b) The rules and regulations adopted by the secretary under the provisions of this act shall apply to all health services covered by this act which are rendered to any patient being served by a home health agency regardless of source of payment for the service, patient's condition or place of residence.History: L. 1984, ch. 335, § 9; L. 1985, ch. 222, § 3; July 1.
KS Stat § 65-5111 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5111 Injunction to restrain violations.

65-5111. Injunction to restrain violations. The secretary may file an action in the district court for the county in which any home health agency alleged to be violating the provisions of this act resides or may be found for an injunction to restrain the home health agency from continuing the violation.History: L. 1984, ch. 335, § 11; July 1.
KS Stat § 65-5112 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5112 Act not applicable to certain individuals or organizations.

65-5112. Act not applicable to certain individuals or organizations. The provisions of this act shall not apply to:(a) Individuals who personally provide one or more home health or attendant care services if such persons are not under the direct control and doing work for or employed by any business entity, except as provided in subsection (f);(b) any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church, religious denomination or sect;(c) a hospice which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq., and amendments thereto, and which provides services only to hospice patients;(d) a program for all-inclusive care for the elderly (PACE) which is certified to participate in the medicare or medicaid program under 42 code of federal regulations, chapter IV, subchapter E, section 460.2 et seq., and amendments thereto, and which provides services only to PACE participants;(e) an outpatient physical therapy agency that is certified to participate in the medicare program and that provides services only to outpatient physical therapy patients; or(f) individuals who personally provide one or more home health or attendant care services if such individuals are employed in accordance with K.S.A. 39-7,100(b)(2) and 65-1124(l), and amendments thereto.History: L. 1984, ch. 335, § 12; L. 1989, ch. 191, § 4; L. 1994, ch. 6, § 4; L. 2009, ch. 140, § 1; L. 2017, ch. 17, § 7; July 1.
KS Stat § 65-5113 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5113 Disposition of moneys.

65-5113. Disposition of moneys. All moneys received by the secretary under this act shall be deposited in the state treasury and credited to the state general fund.History: L. 1984, ch. 335, § 13; July 1.
KS Stat § 65-5114 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5114 Violation of act; misdemeanor.

65-5114. Violation of act; misdemeanor. Any person who violates any of the provisions of this act is guilty of a class B misdemeanor.History: L. 1984, ch. 335, § 14; July 1.
KS Stat § 65-5115 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5115 Home health aides; requirements for employment; instruction and examination; examination fee, disposition.

65-5115. Home health aides; requirements for employment; instruction and examination; examination fee, disposition. (a) The secretary may require, as a condition to continued employment by a home health agency that home health aides, within 90 days of employment, successfully complete an approved course of instruction and take and satisfactorily pass an examination prescribed by the secretary.(b) A course of instruction for home health aides may be prepared and administered by any home health agency or by any other qualified person. A course of instruction prepared and administered by a home health agency may be conducted on the premises of the home health agency which prepared and which will administer the course of instruction. The secretary shall not require home health aides to enroll in any particular approved course of instruction, but the secretary shall prepare guidelines for the preparation and administration of courses of instruction and shall approve or disapprove courses of instruction.(c) The secretary may not require that home health aides complete the course of instruction and pass the examination established pursuant to K.S.A. 39-936(c)(3), and amendments thereto, before enrolling in an approved course of instruction authorized by this section. Home health aides may enroll in any approved course of instruction.(d) The examination required under this section shall be prescribed by the secretary and shall be reasonably related to the duties performed by home health aides. The same examination shall be given by the secretary to all home health aides.(e) The secretary shall fix, charge and collect an examination fee to cover all or any part of the cost of the examination required under subsection (a). The examination fee shall be fixed by rules and regulations of the secretary. The examination fee shall be deposited in the state treasury and credited to the state general fund.History: L. 1984, ch. 335, § 15; L. 1985, ch. 222, § 4; L. 1990, ch. 233, § 3; L. 2017, ch. 17, § 8; July 1.
KS Stat § 65-5116 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 51 - Home Health Agencies|65-5116 Unlicensed employees prohibited from prefilling insulin syringes; penalty.

65-5116. Unlicensed employees prohibited from prefilling insulin syringes; penalty. (a) As used in this section "home health agency" means a home health agency licensed in accordance with the provisions of K.S.A. 65-5101 through 65-5115 and K.S.A. 75-5614.(b) No unlicensed person employed by a home health agency, in the course of employment with a home health agency, shall prefill insulin syringes for any patient served by the home health agency.(c) Any person who violates the provisions of subsection (b) shall be guilty of a class C misdemeanor.History: L. 1984, ch. 305, § 1; July 1.
KS Stat § 65-5301 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5301 Definitions.

65-5301. Definitions. As used in this act:(a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials.(b) "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern.(c) "License" means an authorization issued by the secretary permitting a business entity to engage in an asbestos project.(d) "Secretary" means the secretary of health and environment.(e) "Friable asbestos containing material" means any material that contains more than 1% asbestos, by weight, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure.(f) "Asbestos" means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.History: L. 1985, ch. 203, § 1; L. 2016, ch. 20, § 1; July 1.
KS Stat § 65-5302 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5302 Asbestos projects; license required; exemptions.

65-5302. Asbestos projects; license required; exemptions. (a) Except as otherwise provided in this act, no business entity shall engage in an asbestos project unless the entity holds a license issued by the secretary for that purpose.(b) The provisions of this act do not apply to a business entity which uses its own employees in removing or encapsulating asbestos for the purposes of renovating, maintaining, repairing or demolishing the entity's own facilities.History: L. 1985, ch. 203, § 2; L. 1998, ch. 31, § 1; July 1.
KS Stat § 65-5303 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5303 Administration of act; duties of secretary; license fees; inspections; rules and regulations.

65-5303. Administration of act; duties of secretary; license fees; inspections; rules and regulations. The secretary shall administer the provisions of this act. In administering the provisions of this act, the secretary shall:(a) Prescribe fees for the issuance and renewal of licenses. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of this act;(b) conduct on-site inspections of procedures being utilized by a licensee for removing and encapsulating asbestos during an actual asbestos project;(c) inspect and approve asbestos disposal sites; and(d) adopt rules and regulations necessary for the administration of this act including, but not limited to, requirements, procedures and standards relating to asbestos projects as are necessary to protect the public health and safety.History: L. 1985, ch. 203, § 3; L. 1998, ch. 31, § 2; L. 2016, ch. 20, § 2; July 1.
KS Stat § 65-5304 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5304 Licensure of business entities; qualifications; requirements.

65-5304. Licensure of business entities; qualifications; requirements. In order to qualify for a license, a business entity shall:(a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is trained in accordance with all applicable asbestos training provisions required by the United States department of labor and the environmental protection agency;(b) demonstrate to the satisfaction of the secretary that the business entity is capable of complying with all applicable requirements, procedures, standards of the United States environmental protection agency and the United States occupational safety and health administration and the secretary;(c) have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and(d) comply with all rules and regulations adopted by the secretary under this act.History: L. 1985, ch. 203, § 4; L. 2016, ch. 20, § 3; July 1.
KS Stat § 65-5305 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5305 Same; application; form; requirements; fee.

65-5305. Same; application; form; requirements; fee. (a) To apply for a license, a business entity shall submit an application to the secretary in the form required by the secretary and shall pay the fee prescribed by the secretary.(b) The application shall include:(1) The name and address of the business entity;(2) a description of the protective clothing and respirators that the business entity will use;(3) the name and address of each asbestos disposal site that the business entity will use;(4) a description of the site decontamination procedures that the business entity will use;(5) a description of the removal and encapsulation methods that the business entity will use;(6) a description of the procedures that the business entity will use for handling waste containing asbestos;(7) a description of the air monitoring procedures that the business entity will use;(8) a description of the procedures that the business entity will use in cleaning up after completion of the asbestos project;(9) the signature of the chief executive officer of the business entity or a designee of the chief executive officer; and(10) any other information which may be required by the secretary.History: L. 1985, ch. 203, § 5; Jan. 1, 1986.
KS Stat § 65-5306 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5306 Same; term; renewal.

65-5306. Same; term; renewal. (a) A license expires one year from its effective date unless it is renewed for a one-year term as provided in this section.(b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of the licensee, a renewal notice that states:(1) The date on which the current license expires;(2) the date by which the renewal application must be received by the secretary for the renewal license to be issued and mailed before the current license expires; and(3) the amount of the renewal fee.(c) Before a license expires, the licensee periodically may renew it for an additional one-year term, if the business entity:(1) Otherwise is entitled to be licensed;(2) submits a renewal application to the secretary in the form required by the secretary; and(3) pays the renewal fee prescribed by the secretary.History: L. 1985, ch. 203, § 6; Jan. 1, 1986.
KS Stat § 65-5307 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5307 Records of asbestos projects required, contents; notification of secretary.

65-5307. Records of asbestos projects required, contents; notification of secretary. (a) Every licensee shall keep a record of each asbestos project it performs and shall make the record available to the secretary at any reasonable time. Records required by this section shall be kept for not less than three years. The record shall include:(1) The name and address of the individual person who supervised the asbestos project and of each employee or agent of the licensee who worked on the project;(2) the location and a description of the project and the amount of asbestos material that was removed;(3) the starting and completion dates of each instance of removal or encapsulation;(4) a summary of the procedures that were used to comply with all applicable standards;(5) the name and address of each asbestos disposal site where the waste containing asbestos was deposited; and(6) any other information which may be required by the secretary.(b) Every licensee, state agency or political or taxing subdivision of the state that engages in an asbestos project shall notify the secretary, in the manner prescribed by the secretary, of the proposed date on which the project is to be initiated.History: L. 1985, ch. 203, § 7; L. 2016, ch. 20, § 4; July 1.
KS Stat § 65-5309 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5309 Schedule of fees; disposition of moneys.

65-5309. Schedule of fees; disposition of moneys. (a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretary of the amount of revenue required for administration of the provisions of this act.(b) The secretary shall remit all moneys received from the fees established pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.History: L. 1985, ch. 203, § 9; L. 1987, ch. 252, § 1; L. 2001, ch. 5, § 261; L. 2016, ch. 20, § 5; L. 2021, ch. 60, § 2; July 1.
KS Stat § 65-5310 (2021)
2021 Kansas Statutes|Chapter 65 - Public Health|Article 53 - Asbestos Control|65-5310 Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension.

65-5310. Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension. (a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for license or licensee, whichever is applicable, has:(1) Fraudulently or deceptively obtained or attempted to obtain a license;(2) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act;(3) failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or(4) employed or permitted an untrained individual person to work on an asbestos project.(b) Before any license is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.(c) Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the Kansas judicial review act.(d) (1) If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity engaging in such asbestos project.(2) In no case shall a temporary suspension of a license under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license shall be reinstated unless the secretary has suspended or revoked the license, after notice and hearing, or the license has expired as otherwise provided under this act.History: L. 1985, ch. 203, § 10; L. 2010, ch. 17, § 161; L. 2016, ch. 20, § 6; July 1.