Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-10 - License required; exceptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each individual, group, association, corporation, local government department,
			 or local quasi-government agency providing services to persons 18 years of age
			 or older in need of services greater than those provided in a boarding care
			 home as defined in
			 K.S.A.
			 39-923(a) (8), and
			 amendments thereto, shall be licensed in accordance with the provisions of this
			 article, except when those services are provided in or by any of the following:
(1) In a medical care facility, as defined
			 and required to be licensed in
			 K.S.A.
			 65-425 et seq. and amendments
			 thereto;
(2) in a nursing facility,
			 nursing facility for mental health, intermediate care facility for the mentally
			 retarded, assisted living facility, or residential health care facility, or in
			 a home plus setting, as defined and required to be licensed in
			 K.S.A.
			 39-923 et seq. and amendments
			 thereto;
(3) by a home health
			 agency, as defined and provided for the licensing of in
			 K.S.A.
			 65-5101 et seq. and amendments thereto;
			 or
(4) in a manner so that the
			 services constitute in-home services, funded under the federal home- and
			 community-based services/mental retardation waiver or with state funding under
			 terms like those of the federal home-and community-based services/mental
			 retardation waiver, and are provided in compliance with all of the following
			 conditions:
(A) The services are directed and
			 controlled by an adult receiving services, the parent or parents of a minor
			 child receiving services, or the guardian of an adult receiving
			 services.
(B) The person or
			 person's representative directing and controlling the services selects, trains,
			 manages, and dismisses the individual or business entity providing the services
			 and coordinates payment.
(C) The
			 person or person's representative directing and controlling the services owns,
			 rents, or leases the whole or a portion of the home in which services are
			 provided.
(D) If any individual
			 providing services also lives in the home in which services are provided, there
			 is a written agreement specifying that the person receiving services will not
			 be required to move from the home if there is any change in who provides
			 services, and that any individual or business entity chosen to provide services
			 will be allowed full and reasonable access to the home in order to provide
			 services.
(E) The person receiving
			 services does not receive services in a home otherwise requiring a license
			 pursuant to these regulations.
(F)
			 Any individual providing services is at least 16 years of age, or at least 18
			 years of age if a sibling of the person receiving services, unless an exception
			 to this requirement has been granted by the commission, based upon the needs of
			 the person receiving services.
(G)
			 Any individual or business entity providing services receives at least 15 hours
			 of prescribed training, or the person or person's representative directing and
			 controlling the services has provided written certification to the community
			 developmental disability organization (CDDO) that sufficient training to meet
			 the person's needs has been provided.
(H) The person or person's representative
			 directing and controlling the services has chosen case management from the CDDO
			 or an agency affiliated with the CDDO. That case management may be limited, at
			 the choice of the person or person's representative directing and controlling
			 the services, to reviewing the services on a regular basis to ensure that the
			 person's needs are met, annual reevaluation of continued eligibility for
			 funding, and development of the person's plan of care.
(I) The person or person's representative
			 directing and controlling the services cooperates with the CDDO's quality
			 assurance committee and allows review of the services as deemed necessary by
			 the committee to ensure that the person's needs are met. In addition, the
			 person directing and controlling the services cooperates with the commission
			 and allows monitoring of the person's services to ensure that the case manager
			 and the CDDO's quality assurance committee have adequately reviewed and
			 determined that the person's needs are met.
(J) The person or person's representative
			 directing and controlling the services agrees to both of the following:
(i) If it is determined by the CDDO or the
			 commission that the person receiving services is or could be at risk of
			 imminent harm to the person's health, safety, or welfare, the person or
			 person's representative directing and controlling the services shall correct
			 the situation promptly.
(ii) If the
			 situation is not so corrected, after notice and an opportunity to appeal,
			 funding for the services shall not continue.