reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-424 Invalidity of part.

65-424.
Invalidity of part.
If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History: L. 1947, ch. 328, § 15; April 8.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-424a Medical facilities; definition.

65-424a.
Medical facilities; definition.
As used in this act: "Medical facilities" means diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in title VI of the United States public health service act (42 U.S.C. 291 et seq.) and any amendments thereto, and such other medical facilities for which federal aid may be authorized under such federal act.
History:
L. 1955, ch. 293, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-424b Same; construction, operation and leasing by certain municipalities authorized.

65-424b.
Same; construction, operation and leasing by certain municipalities authorized.
Any city, county, township or any combination thereof, or any hospital district heretofore or hereafter organized which is authorized to acquire a site, construct, reconstruct, equip, maintain, operate or lease a hospital is hereby authorized and empowered to acquire a site, construct, reconstruct, equip, maintain, operate or lease a medical facility in like manner as it is authorized to do in respect to hospitals. All the laws relating to hospitals which apply to any such city, county, township or any combination thereof, or any hospital district heretofore or hereafter organized shall be applicable to the acquisition of a site for and the construction, reconstruction, equipment, maintenance, operation and leasing of a medical facility by such city, county, township or any combination thereof and any hospital district insofar as the same can be made applicable.
History:
L. 1955, ch. 293, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-425a Definition of "hospital" as used in article 14b of chapter 13 and article 6 of chapter 14 of the Kansas Statutes Annotated.

65-425a.
Definition of "hospital" as used in article 14b of chapter 13 and article 6 of chapter 14 of the Kansas Statutes Annotated.
On and after the effective date of this act, as used in the acts constituting article 14b of chapter 13 of Kansas Statutes Annotated and in the acts constituting article 6 of chapter 14 of Kansas Statutes Annotated and in any acts amendatory thereof or supplemental thereto, the term "hospital" means a medical care facility as defined in K.S.A. 65-425 and includes within its meaning any clinic, school of nursing, long-term care facility and child-care facility operated in connection with the operation of the medical care facility.
History:
L. 1984, ch. 61, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-426 Purpose of act.

65-426.
Purpose of act.
The purpose of this act is to provide for the development, establishment and enforcement of standards: (1) For the care and treatment of individuals in medical care facilities; and (2) for the construction, maintenance and operation of medical care facilities.
History: L. 1947, ch. 329, § 2; L. 1973, ch. 248, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-427 Licensure.

65-427.
Licensure.
After July 1, 1973, no person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a medical care facility in this state without a license under this law.
History: L. 1947, ch. 329, § 3; L. 1973, ch. 248, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-428 Application for license; contents.

65-428.
Application for license; contents.
An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted hereunder.
History:
L. 1947, ch. 329, § 4; L. 1972, ch. 228, § 14; L. 1976, ch. 280, § 23; L. 1985, ch. 208, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-429 Issuance and renewal of licenses; funding the cost of administration of the medical care facilities licensure and risk management program; display of license.

65-429.
Issuance and renewal of licenses; funding the cost of administration of the medical care facilities licensure and risk management program; display of license.
Upon receipt of an application for license, the licensing agency shall issue with the approval of the state fire marshal a license provided the applicant and the physical facilities of the medical care facility meet the requirements established under this act. A license, unless suspended or revoked, shall be renewable annually without charge upon the filing by the licensee, and approval by the licensing agency, of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by rules and regulations. A medical care facility which has been licensed by the licensing agency and which has received certification for participation in federal reimbursement programs and which has been accredited by the joint commission on accreditation of health care organizations or the American osteopathic association may be granted a license renewal based on such certification and accreditation. The cost of administration of the medical care facilities licensure and risk management program provisions of this act pursuant to K.S.A. 65-433 and 65-4921 et seq., and amendments thereto, shall be funded by an annual assessment from the health care stabilization fund, which assessment shall not exceed $200,000 in any one fiscal year. The licensing agency shall make an annual report to the health care stabilization fund regarding the use of these funds. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. A separate license is not required for two separate establishments which are located in the same or contiguous counties, which provide the services required by K.S.A. 65-431 and amendments thereto and which are organized under a single owner or governing board with a single designated administrator and medical staff. Licenses shall be posted in a conspicuous place on the licensed premises.
History:
L. 1947, ch. 329, § 5; L. 1973, ch. 248, § 4; L. 1980, ch. 183, § 1; L. 1988, ch. 235, § 1; L. 1996, ch. 91, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-430 Denial, suspension or revocation of license; notice and hearing.

65-430.
Denial, suspension or revocation of license; notice and hearing.
The licensing agency may deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this law, a failure to report any information required to be reported by K.S.A. 65-28,121 or 65-4216 and amendments to such sections, or a failure to maintain a risk management program as required by K.S.A. 65-4922 and amendments thereto, after notice and an opportunity for hearing to the applicant or licensee in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1947, ch. 329, § 6; L. 1976, ch. 266, § 1; L. 1982, ch. 258, § 2; L. 1984, ch. 513, § 90; L. 1986, ch. 229, § 33; L. 1988, ch. 236, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-431 Rules and regulations; selection of professional staff; hospital compliance through combined operation.

65-431. Rules and regulations; selection of professional staff; hospital compliance through combined operation.
(a) The licensing agency shall adopt, amend, promulgate and enforce such rules and regulations and standards with respect to the different types of medical care facilities to be licensed hereunder as may be designed to further the accomplishment of the purposes of this law in promoting safe and adequate treatment of individuals in medical care facilities in the interest of public health, safety and welfare.
(b) No rule or regulation shall be made by the licensing agency that would discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state. Boards of trustees or directors of facilities licensed pursuant to the provisions of this act shall have the right, in accordance with law, to select the professional staff members of such facilities and to select and employ interns, nurses and other personnel, and no rules and regulations or standards of the licensing agency shall be valid that, if enforced, would interfere in such selection or employment. In the selection of professional staff members, no hospital licensed under K.S.A. 65-425 et seq., and amendments thereto, shall discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state for reasons based solely upon the practitioner's branch of the healing arts or the school or healthcare facility where the practitioner received medical schooling or postgraduate training.
(c) In formulating rules and regulations, the agency shall give due consideration to the size of the medical care facility, the type of service it is intended to render, the scope of such service, requirements for the receipt of federal reimbursement for the type of medical care facility and the financial resources in and the needs of the community which such facility serves.
(d) (1) A hospital consisting of more than one establishment shall be considered in compliance with the rules and regulations of the licensing agency if:
(A) All basic services required by the agency are available as a part of the combined operation; and
(B) the following basic services are available at each establishment:
(i) Continuous nursing service;
(ii) continuous physician coverage on duty or on call;
(iii) basic diagnostic radiological and laboratory facilities;
(iv) drug room;
(v) emergency services;
(vi) food service; and
(vii) patient isolation.
(2) The requirements of paragraphs (1)(A) and (B) shall be deemed to be satisfied by a rural emergency hospital if such rural emergency hospital meets the licensing requirements established for such hospital by the licensing agency.
History:
L. 1947, ch. 329, § 7; L. 1973, ch. 248, § 5; L. 1976, ch. 266, § 2; L. 1988, ch. 235, § 2; L. 1988, ch. 237, § 1; L. 1988, ch. 238, § 1; L. 2021, ch. 88, § 13; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-432 Time for compliance with rules, regulations and standards.

65-432.
Time for compliance with rules, regulations and standards.
Any medical care facility which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed two years from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.
History: L. 1947, ch. 329, § 8; L. 1973, ch. 248, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-433 Inspections and investigations; rules and regulations; consultations.

65-433.
Inspections and investigations; rules and regulations; consultations.
The licensing agency shall make or cause to be made such inspections and investigations as deemed necessary. The authorized agents and representatives of the licensing agency shall conduct inspections of each medical care facility not accredited by the joint commission on accreditation of health care organizations or the American osteopathic association at such intervals as the secretary determines necessary to protect the public health and safety and to carry out the risk management provisions of K.S.A. 65-4921 et seq., and amendments thereto. The licensing agency may prescribe by rules and regulations that any licensee or applicant desiring to make specified types of alteration or additions to its facilities or to construct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the rules and regulations and standards herein authorized. Necessary conferences and consultations may be provided.
History:
L. 1947, ch. 329, § 9; L. 1996, ch. 91, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-435a Development of contents of annual report and inspection form; rules and regulations.

65-435a. Development of contents of annual report and inspection form; rules and regulations.
The contents of the annual report under K.S.A. 65-429, and amendments thereto, and the contents of an inspection form for purposes of inspections under K.S.A. 65-433, and amendments thereto, shall be developed by the licensing agency in consultation with the Kansas hospital association. The licensing agency may specify the contents of the annual report and the contents of the inspection form by rules and regulations. Nothing in this section shall require the licensing agency to adopt the annual report or the inspection form by rules and regulations.
History:
L. 1994, ch. 284, § 2; L. 2008, ch. 110, § 4; L. 2012, ch. 102, § 23; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-436 Information confidential; exceptions.

65-436.
Information confidential; exceptions.
(a) Except as provided in subsection (b), information received by the licensing agency through filed reports, inspections or as otherwise authorized under this act, shall not be disclosed publicly in such manner as to identify individuals.
(b) Notwithstanding the provisions of subsection (a) to the contrary, the following information may be disclosed publicly in such a manner as to identify individuals or medical care facilities: Information received by the licensing agency through filed reports, inspections or as otherwise authorized under this act, in a proceeding involving the question of licensure.
History:
L. 1947, ch. 329, § 12; L. 1973, ch. 248, § 8; L. 1979, ch. 191, § 15; L. 1985, ch. 208, § 5; L. 1987, ch. 232, § 1; L. 1994, ch. 284, § 1; May 5.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-438 Appeal from decision of licensing agency.

65-438.
Appeal from decision of licensing agency.
Any applicant or licensee aggrieved by the decision of the licensing agency may appeal the decision in accordance with the provisions of the Kansas judicial review act.
History: L. 1947, ch. 329, § 14; L. 1973, ch. 248, § 9; L. 1976, ch. 266, § 3; L. 1984, ch. 313, § 91; L. 2010, ch. 17, § 119; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-439 Penalties.

65-439.
Penalties.
Any person establishing, conducting, managing, or operating any medical care facility without a license under this law shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than fifty dollars for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.
History: L. 1947, ch. 329, § 15; L. 1973, ch. 248, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-440 Injunction.

65-440.
Injunction.
Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the attorney general who shall represent the licensing agency in the proceedings maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a medical care facility without a license under this law. Such proceedings shall be governed by the provisions of the Kansas judicial review act.
History: L. 1947, ch. 329, § 16; L. 1973, ch. 248, § 11; L. 1984, ch. 313, § 92; L. 2010, ch. 17, § 120; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-441 Invalidity of part.

65-441.
Invalidity of part.
If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History:
L. 1947, ch. 329, § 17; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-442 Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement.

65-442.
Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement.
(a) There shall be no liability on the part of, and no action for damages shall arise against, any duly appointed member of the governing board or the duly appointed member of a committee of the medical staff of a licensed medical care facility for any act, statement or proceeding undertaken or performed within the scope of the functions and within the course of the performance of the duties of such committee of the medical staff if such member acted in good faith and without malice, and the medical staff operates pursuant to written bylaws that have been approved by the governing board of the medical care facility.
(b) There shall be no liability on the part of and no action for damages shall arise against any licensed medical care facility because of the rendering of or failure to render professional services within such medical care facility by a person licensed to practice medicine and surgery if such person is not an employee or agent of such medical care facility.
History: L. 1967, ch. 344, § 1; L. 1971, ch. 205, § 1; L. 1973, ch. 248, § 12; L. 1976, ch. 267, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-442a Same; act inapplicable to adult care home licensed under chapter 39.

65-442a.
Same; act inapplicable to adult care home licensed under chapter 39.
Nothing in this act [*] shall be construed to apply to any adult care home licensed under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, or acts amendatory thereof.
History:
L. 1973, ch. 248, § 13; July 1.
* "This act," see also 65-425, 65-426, 65-427, 65-429, 65-431, 65-432, 65-434, 65-436, 65-438, 65-439, 65-440, 65-442.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-443 Termination of human pregnancy; performance, referral for, or participation in medical procedures not required; prescription or administration of any device or drug not required.

65-443. Termination of human pregnancy; performance, referral for, or participation in medical procedures not required; prescription or administration of any device or drug not required.
No person shall be required to perform, refer for, or participate in medical procedures or in the prescription or administration of any device or drug which result in the termination of a pregnancy or an effect of which the person reasonably believes may result in the termination of a pregnancy, and the refusal of any person to perform, refer for, or participate in those medical procedures, prescription or administration shall not be a basis for civil liability to any person. No medical care facility, medical care facility administrator or governing board of any medical care facility shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any person because of such person's exercise of rights protected by this section.
History:
L. 1969, ch. 182, § 1; L. 1975, ch. 313, § 1; L. 2012, ch. 112, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-444 Same; medical care facility refusal to permit; establishment of criteria and procedures.

65-444. Same; medical care facility refusal to permit; establishment of criteria and procedures.
No medical care facility, medical care facility administrator or governing board of any medical care facility shall be required to permit the performance, referral for, or participation in medical procedures or in the prescription or administration of any device or drug which result in the termination of human pregnancies of an effect of which the medical care facility, administrator or board reasonably believes may result in the termination of human pregnancies within its facility and the refusal to permit such procedures, prescription or administration shall not be grounds for civil liability to any person. A medical care facility may establish criteria and procedures under which pregnancies may be terminated within its institution, in addition to those which may be prescribed by licensing, regulating or accrediting agencies.
History:
L. 1969, ch. 182, § 2; L. 2011, ch. 30, § 233; L. 2012, ch. 112, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-446 Medical procedures resulting in sterilization of persons; performance, referral for, or participation in procedures not required.

65-446. Medical procedures resulting in sterilization of persons; performance, referral for, or participation in procedures not required.
No person shall be required to perform, refer for or participate in medical procedures which result in sterilization of a person, and the refusal of any person to perform, refer for or participate in those medical procedures shall not be a basis for civil liability to any person. No medical care facility, medical care facility administrator or governing board of any medical care facility shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any person because of such person's exercise of rights protected by this section.
History:
L. 1971, ch. 206, § 1; L. 2012, ch. 112, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-447 Same; medical care facility refusal to permit; establishment of criteria and procedures authorized.

65-447. Same; medical care facility refusal to permit; establishment of criteria and procedures authorized.
No medical care facility, medical care facility administrator, or governing board of any medical care facility shall be required to permit the performance, referral for or participation in medical procedures resulting in sterilization within its facility and the refusal to permit such procedures shall not be grounds for civil liability to any person. A medical care facility may establish criteria and procedures under which sterilizations may be performed within its institution, in addition to those which may be prescribed by licensing, regulating or accrediting agencies.
History:
L. 1971, ch. 206, § 2; L. 2012, ch. 112, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-450 Hospital defined.

65-450.
Hospital defined.
As used in this act, the term "hospital" means a general hospital or a special hospital licensed under K.S.A. 65-425 to 65-441, inclusive, and amendments thereto.
History:
L. 1985, ch. 204, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-451 Construction or modification of certain hospitals prohibited until July 1, 1986.

65-451.
Construction or modification of certain hospitals prohibited until July 1, 1986.
The following construction or modifications shall not be commenced prior to July 1, 1986:
(a) Any erections, building, alteration, reconstruction, modernization, improvement, extension, lease or other acquisition by or on behalf of a hospital that increases the licensed bed capacity of a hospital or relocates hospital beds from one physical facility or site to another; or
(b) the establishment of a new hospital.
History:
L. 1985, ch. 204, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-452 Same; exceptions.

65-452.
Same; exceptions.
This act shall not apply to the following:
(a) The total relocation of a hospital's licensed beds from one physical facility or site within the community to another physical facility or site within the same community if the relocating hospital is the only hospital in the community;
(b) consolidation of two or more hospitals located within the same community, if the maximum licensed bed capacity after consolidation is set at a level which would accommodate a 70% rate of occupancy based on the aggregate average daily census of the consolidating hospitals during the previous fiscal year of each hospital;
(c) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings on the same site if the relocation or redistribution does not result in an increase in the overall licensed bed capacity at that site;
(d) a project for which a hospital holds a valid certificate of need under K.S.A. 65-4801 et seq., and amendments thereto, and which project is not yet completed; or
(e) a hospital which is owned or operated by the federal or state government.
History:
L. 1985, ch. 204, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-453 Same; emergency waiver, when; secretary of health and environment.

65-453.
Same; emergency waiver, when; secretary of health and environment.
The secretary of health and environment upon application of a hospital may grant an emergency waiver from the provisions of this act if the need for the hospital project is a result of fire, tornado, flood, storm damage or other similar disaster, if adequate health care facilities are not available for the people who previously used the applicant hospital's facility and if the request for an emergency waiver is limited in nature and scope only to those repairs necessitated by the natural disaster.
History:
L. 1985, ch. 204, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-454 Same; action to enjoin violation.

65-454.
Same; action to enjoin violation.
The secretary of health and environment or a hospital may bring an action to enjoin any alleged violation of this act.
History:
L. 1985, ch. 204, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-469 Same; state policy to encourage rural health networks.

65-469.
Same; state policy to encourage rural health networks.
The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system whereby health care services are integrated to protect the public's general health, safety and welfare. It is the policy of the state of Kansas to encourage development of and participation in rural health networks. Implementation of a rural health network under the provisions of this act and amendments thereto effectuate these policies.
History: L. 1992, ch. 158, § 2; April 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-470 Same; participation in or affiliation with a rural health network; contracts.

65-470.
Same; participation in or affiliation with a rural health network; contracts.
Any hospital is authorized to seek licensure as a critical access hospital and to accept and secure any benefits of federal aid. A critical access hospital shall participate in or affiliate with a rural health network and may execute contracts, upon such conditions and terms as is deemed appropriate by the governing body, for the integration of health services or to further any portion of a comprehensive plan for a rural health network.
History:
L. 1992, ch. 158, § 3; L. 1998, ch. 53, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-471 Same; agreements for services; employment of health care providers and other persons; compensation for services performed by health care provider.

65-471.
Same; agreements for services; employment of health care providers and other persons; compensation for services performed by health care provider.
(a) Upon such conditions and terms as is deemed appropriate by the governing body of any member of a rural health network, a member of a rural health network or the rural health network may enter into agreements with any other person or entity to perform any service, including but not limited to services for provision of primary risk management and peer review services.
(b) Any critical access hospital or rural health network may employ any health care provider to provide patient care or other services and may employ such other persons as necessary to carry out the function of the rural health network. The contract may allow for the health care provider or a member of the rural health network to seek direct compensation from the patient, the patient's representative or a third party payor for the services performed by the health care provider.
History:
L. 1992, ch. 158, § 4; L. 1998, ch. 53, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-472 Same; forming a rural health network and contracting for services not subject to antitrust laws.

65-472.
Same; forming a rural health network and contracting for services not subject to antitrust laws.
In addition to the provisions of K.S.A. 65-4909, and amendments thereto, members of a rural health network, officers, agents, representatives, employees, and directors thereof, in forming an integrated network and in contracting for services shall be considered to be acting pursuant to clearly expressed state policy as established in this act under the supervision of the state and shall not be subject to state or federal antitrust laws while so acting.
History: L. 1992, ch. 158, § 5; April 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-473 Same; rules and regulations; minimum standards for rural health networks.

65-473.
Same; rules and regulations; minimum standards for rural health networks.
The secretary of health and environment may adopt rules and regulations setting minimum standards for the establishment and operation of rural health networks, including the licensure of critical access hospitals.
History:
L. 1992, ch. 158, § 6; L. 1998, ch. 53, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-474 Same; insurance and other coverage to provide benefits for services performed by a critical access hospital.

65-474.
Same; insurance and other coverage to provide benefits for services performed by a critical access hospital.
Each individual and group policy of accident and sickness insurance, each contract issued by health maintenance organizations and all coverage maintained by an entity authorized under K.S.A. 40-2222 and amendments thereto or by a municipal group funded pool authorized under K.S.A. 12-2618 and amendments thereto shall provide benefits for services when performed by a critical access hospital if such services would be covered under such policies or contracts if performed by a general hospital.
History:
L. 1992, ch. 158, § 7; L. 1998, ch. 53, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-481 Rural emergency hospital act; citation of act.

65-481. Rural emergency hospital act; citation of act.
K.S.A. 2023 Supp. 65-481 through 65-488, and amendments thereto, shall be known and may be cited as the rural emergency hospital act.
History:
L. 2021, ch. 88, § 1; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-482 Purpose of act.

65-482. Purpose of act.
The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system by which healthcare services are structured and integrated to promote the availability of and access to necessary and appropriate healthcare to protect the general health, safety and welfare of the rural residents of Kansas. The legislature of the state of Kansas seeks to: Improve the health of the rural population of Kansas; preserve access to healthcare; encourage collaboration among rural healthcare providers; promote delivery of quality rural healthcare; promote efficiency and efficacy of rural healthcare; embrace technology in the delivery of rural healthcare; and promote adequate and fair reimbursement for rural healthcare services. To this end, it is the policy of the state of Kansas to create a category of licensure to enable certain Kansas hospitals to receive federal healthcare reimbursement as rural emergency hospitals, and the implementation of this act facilitates such policy.
History:
L. 2021, ch. 88, § 2; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-483 Definitions.

65-483. Definitions.
As used in the rural emergency hospital act:
(a) "Act" means the rural emergency hospital act.
(b) "Rural emergency hospital" means an establishment that:
(1) Meets the eligibility requirements described in K.S.A. 2023 Supp. 65-484, and amendments thereto;
(2) provides rural emergency hospital services;
(3) provides rural emergency hospital services in the facility 24 hours per day by maintaining an emergency department that is staffed 24 hours per day, 7 days per week, with a physician, nurse practitioner, clinical nurse specialist or physician assistant;
(4) has a transfer agreement in effect with a level I or level II trauma center; and
(5) meets such other requirements as the department of health and environment finds necessary in the interest of the health and safety of individuals who are provided rural emergency hospital services and to implement state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital.
(c) "Rural emergency hospital services" means the following services, provided by a rural emergency hospital, that do not require in excess of an annual per-patient average of 24 hours in such rural emergency hospital:
(1) Emergency department services and observation care; and
(2) at the election of the rural emergency hospital, for services provided on an outpatient basis, other medical and health services as specified in regulations adopted by the United States secretary of health and human services and authorized by the department of health and environment.
(d) "Secretary" means the secretary of health and environment.
History:
L. 2021, ch. 88, § 3; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-484 Eligibility for rural emergency hospital licensure; application; prohibition of inpatient beds.

65-484. Eligibility for rural emergency hospital licensure; application; prohibition of inpatient beds.
(a) A facility shall be eligible to apply for a rural emergency hospital license if such facility, as of December 27, 2020, was a:
(1) Licensed critical access hospital;
(2) general hospital with not more than 50 licensed beds located in a county in a rural area as defined in section 1886(d)(2)(D) of the federal social security act; or
(3) general hospital with not more than 50 licensed beds that is deemed as being located in a rural area pursuant to section 1886(d)(8)(E) of the federal social security act.
(b) A facility applying for licensure as a rural emergency hospital shall include with the licensure application:
(1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add and discontinue;
(2) a description of services that the facility intends to provide on an outpatient basis; and
(3) such other information as required by rules and regulations adopted by the department of health and environment.
(c) A rural emergency hospital shall not have inpatient beds, except that such hospital may have a unit that is a distinct part of such hospital and that is licensed as a skilled nursing facility to provide post-hospital extended care services.
(d) A rural emergency hospital may own and operate an entity that provides ambulance services.
(e) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. Such original license shall remain inactive while the rural emergency hospital license is in effect.
History:
L. 2021, ch. 88, § 4; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-485 Authorization to contract for federal reimbursement.

65-485. Authorization to contract for federal reimbursement.
All rural emergency hospitals, including city, county, hospital district or other governmental or quasi-governmental hospitals, shall be authorized to enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital.
History:
L. 2021, ch. 88, § 5; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-486 Rural emergency hospital activities considered pursuant to clearly expressed state policy; exemption from antitrust laws.

65-486. Rural emergency hospital activities considered pursuant to clearly expressed state policy; exemption from antitrust laws.
In addition to the provisions of K.S.A. 65-4909, and amendments thereto, entities engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital, and officers, agents, representatives, employees and directors thereof, shall be considered to be acting pursuant to clearly expressed state policy as established in this act under the supervision of the state. Such entities shall not be subject to state or federal antitrust laws while acting in such manner.
History:
L. 2021, ch. 88, § 6; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-487 Rules and regulations.

65-487. Rules and regulations.
The secretary shall adopt rules and regulations establishing minimum standards for the establishment and operation of rural emergency hospitals in accordance with this act, including licensure of rural emergency hospitals.
History:
L. 2021, ch. 88, § 7; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-488 Insurance coverage parity for services performance by a rural emergency hospital.

65-488. Insurance coverage parity for services performance by a rural emergency hospital.
Each individual and group policy of accident and sickness insurance, each contract issued by a health maintenance organization and all coverage maintained by an entity authorized under K.S.A. 40-2222, and amendments thereto, or by a municipal group-funded pool authorized under K.S.A. 12-2618, and amendments thereto, shall provide benefits for services when performed by a rural emergency hospital if such services would be covered under such policies, contracts or coverage if performed by a general hospital.
History:
L. 2021, ch. 88, § 8; May 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a01 Definitions.

65-4a01. Definitions.
As used in K.S.A. 65-4a01 through 65-4a12, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Ambulatory surgical center" means an ambulatory surgical center as defined in K.S.A. 65-425, and amendments thereto.
(c) "Bodily function" means physical functions only. The term "bodily function" does not include mental or emotional functions.
(d) "Clinic" means any facility, other than a hospital or ambulatory surgical center, in which any second or third trimester or five or more first trimester abortions are performed in a month.
(e) "Department" means the department of health and environment.
(f) "Elective abortion" means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed, except that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that such mother will engage in conduct that would result in such mother's death.
(g) "Facility" means any clinic, hospital or ambulatory surgical center in which any second or third trimester elective abortion or five or more first trimester elective abortions are performed in a month, excluding any abortion performed due to a medical emergency.
(h) "Gestational age" means the same as defined in K.S.A. 65-6701, and amendments thereto, and shall be determined pursuant to K.S.A. 65-6703, and amendments thereto.
(i) "Hospital" means a hospital as defined in K.S.A. 65-425(a) or (b), and amendments thereto.
(j) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(k) "Physician" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(l) "Secretary" means the secretary of the department of health and environment.
History:
L. 2011, ch. 82, § 1; L. 2014, ch. 87, § 1; L. 2023, ch. 88, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a02 Licensure, facilities performing abortions; posting; fee.

65-4a02. Licensure, facilities performing abortions; posting; fee.
(a) A facility shall be licensed in accordance with K.S.A. 65-4a01 through 65-4a12, and amendments thereto.
(b) Any facility seeking licensure for the performance of abortions shall submit an application for such license to the department on forms and in the manner required by the secretary. Such application shall contain such information as the secretary may reasonably require, including affirmative evidence of the ability of the applicant to comply with such reasonable standards and rules and regulations adopted pursuant to K.S.A. 65-4a09, and amendments thereto.
(c) Upon receipt of such application and verification by the department that the applicant is in compliance with all applicable laws and rules and regulations, the secretary shall issue a license to the applicant.
(d) A license issued under this section shall be posted in a conspicuous place in a public area within the facility. The issuance of a license does not guarantee adequacy of individual care, treatment, personal safety, fire safety or the well-being of any occupant of such facility. A license is not assignable or transferable.
(e) A license shall be effective for one year following the date of issuance. A license issued under this section shall apply only to the premises described in the application and in the license issued thereon, and only one location shall be described in each license.
(f) At the time application for a license is made the applicant shall pay a license fee in the amount of $500. Fees paid pursuant to this section shall not be refunded by the secretary.
(g) The secretary may make exceptions to the standards set forth in law or in rules and regulations when it is determined that the health and welfare of the community require the services of the hospital or ambulatory surgical center and that the exceptions, as granted, will have no significant adverse impact on the health, safety or welfare of the patients of such hospital or ambulatory surgical center.
History:
L. 2011, ch. 82, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a03 License; annual renewal.

65-4a03. License; annual renewal.
Applicants for an annual license renewal shall file an application with the department and pay the license fee in accordance with K.S.A. 65-4a02, and amendments thereto. Applicants for an annual license renewal shall also be subject to a licensing inspection in accordance with K.S.A. 65-4a05, and amendments thereto.
History:
L. 2011, ch. 82, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a04 Facility name change; ownership change; notice.

65-4a04. Facility name change; ownership change; notice.
(a) No proposed facility shall be named, nor may any existing facility have its name changed to, the same or similar name as any other facility licensed pursuant to K.S.A. 65-4a01 through 65-4a12, and amendments thereto. If the facility is affiliated with one or more other facilities with the same or similar name, then the facility shall have the geographic area in which it is located as part of its name.
(b) Within 30 days after the occurrence of any of the following, a facility shall apply for an amended license by submitting such application to the department:
(1) A change of ownership either by purchase or lease; or
(2) a change in the facility's name or address.
History:
L. 2011, ch. 82, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a05 Inspections; frequency; confidentiality of certain records.

65-4a05. Inspections; frequency; confidentiality of certain records.
(a) The secretary shall make or cause to be made such inspections and investigations of each facility at least twice each calendar year and at such other times as the secretary determines necessary to protect the public health and safety and to implement and enforce the provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, and rules and regulations adopted pursuant to K.S.A. 65-4a09, and amendments thereto. At least one inspection shall be made each calendar year without providing prior notice to the facility. For that purpose, authorized agents of the secretary shall have access to a facility during regular business hours.
(b) Information received by the secretary through filed reports, inspections or as otherwise authorized under K.S.A. 65-4a01 through 65-4a12, and amendments thereto, shall not be disclosed publicly in such manner as to identify individuals. Under no circumstances shall patient medical or other identifying information be made available to the public, and such information shall always be treated by the department as confidential.
History:
L. 2011, ch. 82, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4a - Abortion Facility Licensure › 65-4a07 Late term abortions; performed in hospital or ambulatory surgical center only; exception.

65-4a07. Late term abortions; performed in hospital or ambulatory surgical center only; exception.
Except in the case of a medical emergency, an abortion performed when the gestational age of the unborn child is 22 weeks or more shall be performed in a hospital or ambulatory surgical center licensed pursuant to this act. All other abortions shall be performed in a facility licensed pursuant to this act, except that a hospital or ambulatory surgical center that does not meet the definition of a facility under this act and that is licensed pursuant to K.S.A. 65-425 et seq., and amendments thereto, may perform abortions.
History:
L. 2011, ch. 82, § 7; L. 2014, ch. 87, § 2; April 24.