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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-961 Kansas department for aging and disability services to assist receiver; expenses of department; repayment.

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 receiver's duties as receiver as authorized by the secretary for aging and disability services.
(b) The Kansas department for aging and disability services shall itemize and keep a ledger showing costs of personnel and other expenses establishing the receivership and assisting the receiver and such amount shall be owed by the owner, operator or licensee to the Kansas department for aging and disability services. Such department shall submit a bill for such expenses to the receiver for inclusion in the receiver's final accounting. Any amount so billed and until repaid shall constitute a lien against all non-exempt personal and real property of 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.
History:
L. 1978, ch. 162, § 8; L. 1984, ch. 158, § 2; L. 2003, ch. 149, § 21; L. 2014, ch. 115, § 146; L. 2019, ch. 55, § 36; May 9.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-962 Supervision of district court; final accounting; removal.

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 removal by the district court for good cause.
History:
L. 1978, ch. 162, § 9; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-963 Termination of receivership; circumstances; accounting and disposition of money; court orders for recovery of certain expenses and costs.

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 which the receivership was ordered;
(2) a new license, other than the license granted to the receiver under K.S.A. 39-958, and amendments thereto, has been granted to operate the adult care home; or
(3) at such time as all of the residents in the adult care home have been provided alternative modes of healthcare, either in another adult care home or otherwise.
(b) (1) At the time of termination of the receivership, the receiver shall render a full and complete accounting to the district court and shall make disposition of surplus money at the direction of the district court.
(2) The court may make such additional orders as are appropriate to recover the expenses and costs to the Kansas department for aging and disability services incurred pursuant to K.S.A. 39-960 or 39-961, and amendments thereto.
History:
L. 1978, ch. 162, § 10; L. 1984, ch. 158, § 3; L. 2003, ch. 149, § 22; L. 2014, ch. 115, § 147; L. 2019, ch. 55, § 37; May 9.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-964 Procedures for and review and enforcement of administrative actions.

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 amendments thereto, except to the extent that the provisions of the above-named acts would conflict with the procedures set forth in the above-mentioned statutes.
(b) This section shall be a part of and supplemental to article 9 of chapter 39 of the Kansas Statutes Annotated.
History:
L. 1984, ch. 313, § 69; L. 2010, ch. 17, § 64; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-965 Penalties for violations posing serious physical harm to resident.

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 care home licensure act which violation can reasonably be determined to have resulted in, caused or posed serious physical harm to a resident, the secretary for aging and disability services in accordance with proceedings under the Kansas administrative procedure act, may assess a civil penalty against the licensee of such adult care home in an amount of not to exceed $1,000 per day per violation for each day the secretary finds that the adult care home was not in compliance with such requirements, standards or rules and regulations but the maximum assessment shall not exceed $10,000.
(b) All civil penalties assessed shall be due and payable in accordance with subsection (c) of K.S.A. 39-946 and K.S.A. 39-947, and amendments thereto.
(c) The secretary for aging and disability services may adopt rules and regulations which shall include due process procedures for the issuance of civil penalties relating to nursing facilities.
(d) The authority to assess civil penalties granted to the secretary for aging and disability services under this section is in addition to any other statutory authority of the secretary relating to the licensure 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 the adult care home licensure act.
(e) This section shall be part of and supplemental to the adult care home licensure act.
History:
L. 1992, ch. 322, § 1; L. 2003, ch. 149, § 23; L. 2014, ch. 115, § 148; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-967 Skilled nursing home or intermediate nursing care home means nursing facility.

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 designation shall be deemed to mean "nursing facility."
History:
L. 1992, ch. 322, § 13; June 4.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-969 Criminal history record information.

39-969. Criminal history record information.
(a) The secretary for aging and disability services shall upon request receive from the Kansas bureau of investigation, without charge, such criminal history record information relating to criminal convictions as necessary for the purpose of determining initial and continuing qualifications of an operator.
(b) This section shall be part of and supplemental to the adult care home licensure act.
History:
L. 1995, ch. 143, § 8; L. 2003, ch. 149, § 24; L. 2014, ch. 115, § 150; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-972 Residents receiving long-term care in medicaid approved institution; personal needs fund; supplemental income.

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 a medicaid approved institution to retain a certain amount of money a month in a personal needs fund. Subject to the provisions of this section, such amount shall be prescribed in rules and regulations adopted by the head of the designated state medicaid agency, except that the amount shall not be less than $50 on and after July 1, 2006 through June 30, 2007, and on and after July 1, 2007, not less than $60.
(b) The head of the designated state medicaid agency shall authorize for persons receiving long-term care in a medicaid approved institution who also receive supplemental security income payments of a certain amount of money per month to supplement such income. Subject to the provisions of this section, such amount shall be prescribed in rules and regulations adopted by the head of the designated state medicaid agency, except that the amount shall not be less than $30.
(c) On or before July 1, 2007, and each year thereafter, the director of the budget shall certify to the head of the designated state medicaid agency the annual average increase in the chained consumer price index for all urban consumers for the preceding calendar year published by the United States department of labor and the head of the designated state medicaid agency may make adjustments for cost of living increases in the amount of moneys that can be retained in the personal needs funds pursuant to subsections (a) and (b) in an amount not to exceed such increase.
History:
L. 2006, ch. 208, § 10; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-973 Operator registration act.

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.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-974 Same; definitions.

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" means the secretary for aging and disability services.
(c) "Department" means the Kansas department for aging and disability services.
(d) "Adult care home" means an assisted living facility or residential health care facility licensed for less than 61 residents, home plus or adult day care as defined by K.S.A. 39-923, and amendments thereto, or by the rules and regulations of the licensing agency adopted pursuant to such section for which a license is required under article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto.
(e) "Licensee" shall have the meaning ascribed to such term in K.S.A. 39-923, and amendments thereto.
History:
L. 2014, ch. 94, § 3; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-975 Same; registration of operators; rules and regulations.

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 C misdemeanor.
(b) The secretary shall adopt by rules and regulations a system for registering operators. Such rules and regulations shall include qualifications for registration. Such rules and regulations shall require, at a minimum, that the applicant:
(1) Be at least 21 years of age;
(2) (A) Possess a high school diploma or equivalent, with one year relevant experience as determined by the secretary;
(B) possess an associate's degree in a relevant field as determined by the secretary; or
(C) possess a baccalaureate degree;
(3) has successfully completed a course approved by the secretary on principles of assisted living;
(4) has passed an examination approved by the secretary on principles of assisted living and such other requirements as may be established by the secretary by rules and regulations;
(5) has filed an application; and
(6) has paid the required application fee.
History:
L. 2014, ch. 94, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-976 Same; operator registration on adult care home administrator license required.

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 registration act or an adult care home administrator who holds a valid license as a licensed adult care home administrator pursuant to K.S.A. 65-3501 et seq., and amendments thereto.
History:
L. 2014, ch. 94, § 5; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-977 Same; waiver of registration requirements, when.

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 applicant: (1) Has completed the operator course prior to July 1, 2014, that was approved by the secretary; and (2) has passed an examination prior to July 1, 2014, that was approved by the secretary.
(b) A person who has completed the operator course approved by the secretary and has passed an examination that was approved by the secretary prior to July 1, 2014, and does not apply within two years of July 1, 2014, shall be considered to have a registration that has lapsed for failure to renew.
History:
L. 2014, ch. 94, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-978 Same; registration renewal.

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 registration, such individual shall pay a renewal fee to be fixed by rules and regulations and shall submit evidence satisfactory to the secretary that during the period immediately preceding application for renewal the applicant has completed continuing education requirements as provided by the rules and regulations. Any individual who submits an application for a renewal of registration within 30 days after the date of expiration shall also pay a late renewal fee fixed by rules and regulations. Any individual who submits an application for a renewal of registration after the 30-day period following the date of expiration shall be considered as having a registration that has lapsed for failure to renew and shall be reissued a registration only after the individual has been reinstated under subsection (d).
(c) The department shall issue a registration to an operator upon receipt of an application for renewal of registration, the renewal fee and the evidence required for approval.
(d) An operator who allows their registration to lapse by failing to renew may be reinstated upon payment of the renewal fee, the reinstatement fee and submission of evidence demonstrating satisfactory completion of any applicable program or a course of study established by the secretary for reinstatement of persons whose registrations have lapsed for failure to renew. The secretary shall adopt rules and regulations establishing appropriate requirements for reinstatement of persons whose registrations have lapsed for failure to renew.
(e) The expiration date of registrations issued or renewed shall be established by rules and regulations of the secretary. Subject to the provisions of this subsection, each registration shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration of an existing registration and upon payment of the renewal fee established pursuant to rules and regulations. To provide for a system of biennial renewal of registrations, the secretary may provide by rules and regulations that registrations issued or renewed for the first time after July 1, 2014, may expire less than two years from the date of issuance or renewal. In each case in which a registration is issued or renewed for a period of time less than two years, the secretary shall prorate to the nearest whole month the registration or renewal fee established pursuant to rules and regulations. No proration shall be made under this subsection on delinquent registration renewals.
History:
L. 2014, ch. 94, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-979 Same; fees; health occupations credentialing fee fund.

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 credentialing fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers signed by the secretary for aging and disability services or the secretary's designee.
(b) All fees under the operator registration act shall be established by rules and regulations of the secretary. The amounts received for such fees shall be deposited in the state treasury in accordance with K.S.A. 75-4215, and amendments thereto, and shall be credited to the health occupations credentialing fee fund.
History:
L. 2014, ch. 94, § 8; L. 2018, ch. 32, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 39-980 Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary.

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 registration by means of fraud, misrepresentation or concealment of material facts;
(2) has a finding of abuse, neglect or exploitation against a resident of an adult care home as defined in K.S.A. 39-1401, and amendments thereto;
(3) has been convicted of a crime found by the secretary to have direct bearing on whether the registrant or applicant can be entrusted to serve the public in the position of an operator;
(4) has violated a lawful order or rule or regulation of the secretary;
(5) had disciplinary action taken against such operator on a professional or occupational healthcare credential issued by this state or by another jurisdiction; or
(6) has violated any provisions of the operator registration act.
(b) Such denial, refusal to renew, suspension or revocation of a registration may be ordered by the secretary after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act.
(c) A person whose registration has been revoked may apply to the secretary for reinstatement. The secretary shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An applicant for reinstatement shall submit an application for reinstatement and a reinstatement fee established by the secretary and fulfill the requirements under subsection (d) of K.S.A. 39-978, and amendments thereto.
History:
L. 2014, ch. 94, § 9; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 9 - Adult Care Homes › 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.

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 disability services shall, for all entities required to be licensed pursuant to article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto:
(a) Promptly, and in no case later than 90 days following the effective date of this act, make or cause to be made infection control inspections;
(b) provide the necessary personal protective equipment, sanitizing supplies and testing kits appropriate to the needs of each facility on an ongoing basis, based upon:
(1) The current number of residents;
(2) the current number of full-time and part-time staff members;
(3) the number of residents and staff who have tested positive for COVID-19 in the last 14 days;
(4) the ability to separate COVID-19 residents from non-COVID-19 residents; and
(5) any other factors deemed relevant by the secretary; and
(c) ensure that infection prevention and control best practices and recommendations based upon guidance from the United States centers for disease control and prevention and the Kansas department of health and environment are adopted and made available publicly.
History:
L. 2020, ch. 1, § 19 (Special Session); June 9.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1001 Purpose of act.

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.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1002 Secretary for children and families designated as official to accept and disburse funds.

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 available to the secretary for grants-in-aid to eligible local community organizations for day care programs for children with intellectual or other disabilities. The secretary is authorized to accept any moneys made available to the state by the federal government or any agency thereof and to accept and account for state appropriations, gifts and donations from any other sources.
History:
L. 1965, ch. 291, § 2; L. 2012, ch. 91, § 22; L. 2014, ch. 115, § 153; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1003 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.

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 determines that sufficient funds are available to meet the state's share of the costs. The secretary shall not enter into any such agreement until the secretary determines that standards approved by the secretary have been satisfied. The secretary shall also receive assurance that the local organizations applying for aid have sufficient funds available to meet any obligations assumed under the agreement.
History:
L. 1965, ch. 291, § 3; L. 1984, ch. 293, § 3; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1005 Purpose of grants-in-aid.

39-1005. Purpose of grants-in-aid.
The purpose of grants-in-aid shall be: (a) To encourage the development of local community initiative in broadening the scope of noninstitutional care and training programs for people with intellectual or other disabilities; (b) to maintain minimum standards for the operations of such programs; (c) to review the experience of individual programs as they develop; and (d) to foster the progress of day care programs to successively higher levels of quality and service. Grants-in-aid under the provisions of this act shall only supplement local funds, shall not exceed one-half of the cost of operating expenses of day care centers for children with intellectual or other disabilities and shall not be used for the purchase or construction of buildings.
History:
L. 1965, ch. 291, § 5; L. 2012, ch. 91, § 23; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1006 Day care programs defined.

39-1006. Day care programs defined.
Day care programs shall be those which provide day service for development in self-help, social, recreational, and work skills for people with intellectual and other disabilities, giving priority to providing services for young people with severe intellectual and other disabilities.
History:
L. 1965, ch. 291, § 6; L. 2012, ch. 91, § 24; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1007 Eligible community organizations.

39-1007. Eligible community organizations.
Eligible local community organizations shall be organizations which are nonprofit charitable agencies operating day care programs under public or private auspices, excluding public schools, and serving people with intellectual or other disabilities without regard to race, religion, or color, or national origin. Such organizations shall be licensed in accordance with the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1965, ch. 291, § 7; L. 2012, ch. 91, § 25; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 10 - Day Care Programs For Children With Intellectual Or Other Disabilities › 39-1008 Grants-in-aid; approval or rejection; effect.

39-1008.
Grants-in-aid; approval or rejection; effect.
All applications for grants-in-aid shall be submitted to the secretary for his approval or rejection. If approved, the secretary shall be authorized to enter into agreements and expend funds for grants-in-aid as hereinbefore provided.
History:
L. 1965, ch. 291, § 8; June 30.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1101 Rights of persons with disabilities.

39-1101.
Rights of persons with disabilities.
It is hereby declared to be the policy of this state to encourage and enable the blind, the visually disabled and persons who are otherwise disabled to participate fully in the social and economic life of the state and to engage in remunerative employment. Such persons shall have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities and other public places; and such persons are entitled to full and equal accommodations, advantages, facilities and privileges of: (a) All common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation; (b) hotels, lodging places and places of public accommodation, amusement or resort, including food service establishments and establishments for sale of food; and (c) other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
History:
L. 1969, ch. 54, § 1; L. 1984, ch. 159, § 1; L. 2003, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1102 Same; use of guide dog by legally blind person.

39-1102.
Same; use of guide dog by legally blind person.
Every legally blind person shall have the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the guide dog, except that such person shall be liable for any damage done to the premises or facilities by such dog.
History:
L. 1969, ch. 54, § 2; L. 1987, ch. 155, § 1; L. 2003, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1103 Same; unlawful to interfere with rights.

39-1103.
Same; unlawful to interfere with rights.
Any person, firm, corporation, or the agent of any person, firm or corporation, who denies or interferes with the exercise of the rights recognized in K.S.A. 39-1101, 39-1102, 39-1107, 39-1108 or 39-1109, and amendments thereto, is guilty of a misdemeanor.
History:
L. 1969, ch. 54, § 3; L. 1989, ch. 127, § 2; L. 1992, ch. 205, § 13; L. 2003, ch. 64, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1104 Same; safety day; proclamation; contents.

39-1104.
Same; safety day; proclamation; contents.
Each year, the governor shall take suitable public notice of October 15 as white cane safety day. He shall issue a proclamation in which:
(a) He comments upon the significance of the white cane;
(b) he calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary to the safety of the disabled;
(c) he reminds the citizens of the state of the policies with respect to the disabled herein declared, and urges the citizens to cooperate in giving effect to them;
(d) he emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
History:
L. 1969, ch. 54, § 5; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1105 Same; employment.

39-1105.
Same; employment.
It is the policy of this state that the blind, the visually handicapped and persons who are otherwise physically disabled shall be employed in the service of the state, political subdivisions of the state, the public schools and in all other employment supported in whole or in part by public funds, on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
History:
L. 1969, ch. 54, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1106 Same; name and citation of act.

39-1106.
Same; name and citation of act.
This act shall be known and may be cited as the Kansas white cane law.
History:
L. 1969, ch. 54, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 11 - Physically Disabled Persons › 39-1107 Rights of persons with disabilities; use of hearing assistance dog by person who is deaf or hard of hearing.

39-1107. Rights of persons with disabilities; use of hearing assistance dog by person who is deaf or hard of hearing.
Every person who is deaf or hard of hearing has the right to be accompanied by a hearing assistance dog, specially selected, trained and tested for the purpose of hearing assistance, in or upon any of the places listed in K.S.A. 39-1101, and amendments thereto, in the acquisition and use of rental, residential housing and in the purchase and use of residential housing without being required to pay an extra charge for the hearing assistance dog. The person who is deaf or hard of hearing shall be liable for any damage done to the premises or facilities by such dog.
History:
L. 1982, ch. 184, § 1; L. 2003, ch. 64, § 5; L. 2022, ch. 75, § 6; April 28.