reglab/housing_qa huggingface dataset:
KS Stat § 39-945 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-945 Correction orders; issuance; contents.

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 a duly authorized representative of the secretary for aging and disability services inspects or investigates an adult care home and determines that the adult care home is not in compliance with the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated thereunder which individually or jointly affects significantly and adversely the health, safety, nutrition or sanitation of the adult care home residents. The correction order shall be served upon the licensee either personally or by certified mail, return receipt requested. The correction order shall be in writing, shall state the specific deficiency, cite the specific statutory provision or rule and regulation alleged to have been violated, and shall specify the time allowed for correction.(b) 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 a health care facility whenever a duly authorized representative of the secretary for aging and disability services determines that the health care facility is not in compliance with the provisions of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated thereunder. The correction order shall be served upon the licensee either personally or by certified mail, return receipt requested. The correction order shall be in writing, shall cite the specific statutory provision or rule and regulation alleged to have been violated and shall specify the time allowed for correction. For purposes of this section, "health care facility" has the meaning ascribed to such term by K.S.A. 40-3401, and amendments thereto.History: L. 1978, ch. 161, § 1; L. 1980, ch. 127, § 1; L. 1988, ch. 146, § 1; L. 2003, ch. 149, § 11; L. 2014, ch. 115, § 134; L. 2016, ch. 43, § 1; July 1.
KS Stat § 39-947 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-947 Appeals to secretary; hearing; disposition of civil penalties.

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 the secretary for aging and disability services written notice of appeal specifying why such civil penalty should not be assessed. Such appeal shall not operate to stay the payment of the civil penalty. Upon receipt of the notice of appeal, the secretary for aging and disability services shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act. If the secretary for aging and disability services sustains the appeal, any civil penalties collected shall be refunded forthwith to the appellant licensee with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the civil penalties to the secretary for aging and disability services. If the secretary for aging and disability services denies the appeal and no appeal from the secretary is taken to the district court in accordance with the provisions of the Kansas judicial review act, the secretary for aging and disability services shall dispose of any civil penalties collected as provided in K.S.A. 39-949, and amendments thereto.History: L. 1978, ch. 161, § 3; L. 1980, ch. 127, § 3; L. 1984, ch. 313, § 67; L. 2003, ch. 149, § 13; L. 2010, ch. 17, § 62; L. 2014, ch. 115, § 136; July 1.
KS Stat § 39-947a (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-947a Informal dispute resolution; written request; procedure.

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 for informal dispute resolution by an independent review panel. The administrator may make one request for informal dispute resolution per inspection to dispute any deficiencies with which such administrator disagrees. The informal dispute resolution may be based upon the statement of deficiencies and any other materials submitted; however, the department shall provide the administrator with a face to face informal dispute resolution meeting upon request by the administrator.(b) A written request for informal dispute resolution shall:(1) State the specific deficiencies being disputed;(2) provide a detailed explanation of the basis for the dispute; and(3) include any supporting documentation, including any information that was not available at the time of the inspection.(c) Upon receipt of the written request provided for in subsection (a), the secretary for aging and disability services shall appoint a panel of three persons to compose the independent review panel. One member shall be an employee from the Kansas department for aging and disability services adult care home survey unit, provided that the individual did not participate in the survey in dispute. Two members shall be appointed from outside of the survey unit and may be employees of the Kansas department for aging and disability services, or a health care professional or consumer not employed by the Kansas department for aging and disability services.(d) A request for informal dispute resolution shall not delay the timely correction of any deficiency. A facility may not seek a delay of any enforcement action against it on the grounds that the informal dispute resolution has not been completed before the effective date of the enforcement action. Any decision or proposed resolution of the independent review panel shall be advisory to the secretary of aging*.(e) Costs of the panel including traveling expenses and other expenses of the review shall be paid by the Kansas department for aging and disability services.(f) The secretary for aging and disability services shall by rules and regulations implement the provisions of this section.(g) This act shall be a part of and supplemental to the adult care home licensure act.History: L. 2004, ch. 162, § 1; L. 2014, ch. 115, § 137; July 1.
KS Stat § 39-948 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-948 Appeals to district court; disposition of civil penalties.

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 provisions of the Kansas judicial review act.(b) An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary for aging and disability services shall refund forthwith the payment of any civil penalties to the licensee with interest at the rate established by K.S.A. 16-204, and amendments thereto, from the date of payment of the civil penalties to the secretary. If the court denies the appeal, the secretary for aging and disability services shall dispose of any civil penalties collected as provided in K.S.A. 39-949, and amendments thereto.History: L. 1978, ch. 161, § 4; L. 1980, ch. 127, § 4; L. 1984, ch. 313, § 68; L. 2003, ch. 149, § 14; L. 2010, ch. 17, § 63; L. 2014, ch. 115, § 138; July 1.
KS Stat § 39-949 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-949 Disposition of moneys.

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.
KS Stat § 39-950 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-950 Rules and regulations.

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.
KS Stat § 39-951 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-951 Authority granted under act additional and not limiting.

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 operation of adult care homes and is not to be construed to limit any of the powers and duties of the secretary for aging and disability services under article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto.History: L. 1978, ch. 161, § 7; L. 2003, ch. 149, § 16; L. 2014, ch. 115, § 140; July 1.
KS Stat § 39-952 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-952 Correction order not issued, when.

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 Kansas Statutes Annotated, and amendments thereto, or a rule and regulation adopted thereunder which was caused by any person licensed by the state board of healing arts to practice a branch of the healing arts if such person licensed by the state board of healing arts is not an owner, operator or employee of the adult care home and if the person licensed to operate the adult care home shows that such person has exercised reasonable diligence in notifying the person licensed by the state board of healing arts to practice a branch of the healing arts of such person's duty to the residents of the adult care home.History: L. 1978, ch. 161, § 8; L. 1999, ch. 87, § 1; L. 2003, ch. 149, § 17; L. 2014, ch. 115, § 141; July 1.
KS Stat § 39-953 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-953 Citation of act.

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 licensure act.History: L. 1978, ch. 161, § 10; July 1.
KS Stat § 39-953a (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-953a Order prohibiting new admissions to adult care home; when issued; proceedings; remedy not limiting.

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 failure to comply with the requirements, standards or rules and regulations established under the adult care home licensure act, that conditions exist in the adult care home which are life threatening or endangering to the residents of the adult care home, that the adult care home is insolvent, or that the adult care home has deficiencies which significantly and adversely affect the health, safety, nutrition or sanitation of the adult care home residents, the secretary for aging and disability services may issue an order, pursuant to the emergency proceedings provided for under the Kansas administrative procedure act, prohibiting any new admissions into the adult care home until further determination by the secretary for aging and disability services. This remedy granted to the secretary for aging and disability services is in addition to any other statutory authority the secretary for aging and disability services has relating to the licensure and operation of adult care homes and is not be construed to limit any of the powers and duties of the secretary for aging and disability services under the adult care home licensure act.(b) This section shall be part of and supplemental to the adult care home licensure act.History: L. 1988, ch. 146, § 3; L. 2003, ch. 149, § 18; L. 2014, ch. 115, § 142; July 1.
KS Stat § 39-953b (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.

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 resulted in the issuance of correction orders and civil penalties within the preceding twelve-month period.(b) This section shall be part of and supplemental to the adult care home licensure act.History: L. 1988, ch. 146, § 4; July 1.
KS Stat § 39-954 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-954 Application for receiver; order appointing; qualifications of persons designated and method of selection, rules and regulations.

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 file an application with the district court for an order appointing the secretary for aging and disability services or the designee of the secretary as receiver to operate an adult care home whenever: (1) Conditions exist in the adult care home that are life threatening or endangering to the residents of the adult care home; (2) the adult care home is insolvent; or (3) the secretary for aging and disability services has issued an order revoking the license of the adult care home.(b) The secretary for aging and disability services may adopt rules and regulations setting forth the necessary qualifications of persons to be designated receivers and a method for selecting designees.History: L. 1978, ch. 162, § 1; L. 1985, ch. 151, § 1; L. 2003, ch. 149, § 19; L. 2014, ch. 115, § 143; July 1.
KS Stat § 39-955 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-955 Filing application for receivership; contents.

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 reasons therefor.History: L. 1978, ch. 162, § 2; L. 2019, ch. 55, § 30; May 9.
KS Stat § 39-956 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-956 Service of copies of application for receivership; posting in adult care home.

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 procedure. The applicant shall also send a copy of the application for receivership to the adult care home. The adult care home shall post the application in a conspicuous place within the adult care home.History: L. 1978, ch. 162, § 3; L. 2019, ch. 55, § 31; May 9.
KS Stat § 39-957 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-957 Answer to application for receivership.

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.
KS Stat § 39-958 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-958 Priority of application for receivership in district court; evidence; appointment of receiver; certain statutes inapplicable to license granted receiver; length of license.

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 heard no later than the seventh day following the filing of the answer or other responsive pleading. A continuance of no more than 14 days may be granted by the district court for good cause. The district court shall give all parties who have filed an answer the opportunity to present evidence pertaining to the application. If the district court finds that the facts warrant the granting of the application, the court shall appoint the secretary for aging and disability services or the designee of the secretary as receiver to operate the home.(b) Upon the appointment of a receiver under this section, the receiver shall be granted a license by the licensing agency to operate an adult care home as provided under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto. The provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, relating to inspection prior to granting a license to operate an adult care home and relating to payment of license fees shall not apply to a license granted to a receiver under this section, and such license shall remain in effect during the existence of the receivership and shall expire on the termination of the receivership.History: L. 1978, ch. 162, § 5; L. 2003, ch. 149, § 20; L. 2014, ch. 115, § 144; L. 2019, ch. 55, § 33; May 9.
KS Stat § 39-959 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-959 Powers and duties of receiver.

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 adequate healthcare for the residents of the adult care home;(3) correct or eliminate any deficiency in the adult care home that concerns the health, safety, nutrition or sanitation of the residents of the adult care home and that is life threatening or endangering;(4) provide for the orderly transfer of all residents of the adult care home to other adult care homes or make other provisions for such residents' continued safety and healthcare, as necessary;(5) be entitled to the immediate use of all proceeds of any accounts receivable to discharge the powers and duties of the receiver;(6) collect incoming payments from all sources and apply such payments to costs incurred in the performance of the receiver's powers and duties, including compensation of the receiver, if any;(7) enter into or terminate contracts as necessary to carry out the receiver's powers and duties and incur expenses for individual items for repairs, improvements or supplies, without being subject to any requirements to procure competitive bids established by law;(8) repay expenditures of the receiver from moneys appropriated to the Kansas department for aging and disability services for purposes set forth in K.S.A. 39-954 et seq., and amendments thereto, if incoming payments from the operation of the adult care home exceed the costs incurred by the receiver in the performance of the receiver's powers and duties; and(9) other powers and duties as authorized or imposed by the district court.(b) If incoming payments from the operation of the adult care home exceed the costs incurred by the receiver in the performance of the receiver's powers and duties, the receiver may:(1) Pay post-receivership quality care assessments as established under Kansas law;(2) reimburse the owner or licensee, as appropriate, a fair monthly rental for the adult care home, taking into account all relevant factors, including the condition of such adult care home and set-offs arising from improvements made by the receiver; and(3) give fair compensation to the owner or licensee, as appropriate, for all property taken or used during the course of the receivership if such person has not previously received compensation for the property being taken or used.History: L. 1978, ch. 162, § 6; L. 2019, ch. 55, § 34; May 9.
KS Stat § 39-960 (2021)
2021 Kansas Statutes|Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare|Article 9 - Adult Care Homes|39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.

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 payments from the operation of the adult care home are less than the cost incurred by the receiver in the performance of the receiver's functions as receiver or for purposes of initial operating expenses of the receivership.(b) Any payments made by the secretary for aging and disability services pursuant to this section shall be owed by the owner, operator or licensee, including any individuals or entities that appear on the license issued by the secretary pursuant to the adult care home licensure act, and repaid to the secretary for aging and disability services when the receivership is terminated pursuant to K.S.A. 39-963, and amendments thereto, and until repaid shall constitute a lien against all non-exempt personal and real property of the owner, operator or licensee.History: L. 1978, ch. 162, § 7; L. 1984, ch. 158, § 1; L. 2014, ch. 115, § 145; L. 2019, ch. 55, § 35; May 9.