reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 3 - PROCUREMENT › Section 26-3-1 - Contracting and granting practices and requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Department approval of funding. No
			 grantee or contractor shall make a subgrant or contract involving funds made
			 available by the department until an area plan or other document detailing the
			 proposed use or uses of the funds has been approved by the secretary for a
			 specific time period and the secretary has issued a notification of grant award
			 or contract to the grantee or contractor.
(b) Allowable use of funds. In making a
			 subgrant or contract, each grantee or contractor shall use the funds awarded
			 under a secretary-approved area plan for those services that are consistent
			 with service definitions issued and provided by the department and the
			 identified priority service needs within the PSA.
(c) Competitive bids. Each entity that
			 receives funding through a program administered by the secretary, except a
			 medicaid program, shall be selected on a competitive basis, unless a
			 noncompetitive selection basis is permitted by some other provision of law. For
			 purposes of this subsection, "entity" shall include any grantee or contractor,
			 a subgrantee or subcontractor of a grantee or contractor, and any entity
			 providing services under any arrangement with a subgrantee or
			 subcontractor.
(d) Provider
			 selection standards. The service provider selection process for grants,
			 contracts, subgrants, and subcontracts required by subsection (c) shall meet
			 the following requirements:
(1) For services
			 provided under a state-funded program, the provider selection process used
			 shall encourage free and open competition among qualified, responsible
			 providers by meeting, at a minimum, the following requirements:
(A) Providing potential providers with a
			 notice of service needs describing the required services, the service
			 standards, the minimum vendor qualifications, and the process for submitting a
			 bid or an offer to provide the services; and
(B) identifying and avoiding both potential
			 and actual conflicts of interest. A "conflict of interest" shall mean a
			 situation in which an employee, officer, or agent or any member of the
			 employee's, officer's, or agent's immediate family or partner, or an
			 organization that employs or is about to employ any of these parties, has a
			 financial or other interest in the firm selected for a grant award or
			 contract.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 3 - PROCUREMENT › Section 26-3-5 - Revision of approved subgrants or contracts

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A subgrantee,
			 contractor or subcontractor shall submit to an area agency a written request
			 for revision of a subgrant or contract.
(b) Any area agency may agree to a revision
			 of a subgrant or a contract with a non-profit public or private organization,
			 if the area agency determines that the revision is consistent with state and
			 area plans and will not adversely affect the provision of services to older
			 persons in the PSA.
(c) Each area
			 agency, before agreeing to a revision of a contract with a for-profit
			 organization, shall submit the revision to the department for its approval. The
			 request shall include a statement that the area agency has determined that the
			 proposed revision is consistent with the state and area plans and will not
			 adversely affect the provision of services to older persons in the PSA.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 3 - PROCUREMENT › Section 26-3-6 - Reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each sub-grantee or contractee of an area agency shall:
(a) Submit program and financial reports to
			 the area agency deemed necessary by the department to comply with federal and
			 state requirements; and
(b) submit
			 such reports by the due dates, using the forms prescribed by the secretary.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 4 - NON-MEDICAID HEARING AND APPEALS › Section 26-4-1 - Notice of actions; appeals by written requests; time to file written requests

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 action is taken or proposed by any of the following parties in any program
			 administered by the secretary, other than a medicaid program administered
			 pursuant to
			 K.S.A.
			 39-968,
			 75-5321a, and
			 75-5945 and amendments thereto,
			 the procedures in this article 4 shall apply:
(1) By the secretary or the secretary's
			 designee when the action affects any area agency on aging, a service provider,
			 a customer, or an applicant to become a service provider or customer;
(2) by the secretary or the secretary's
			 designee, an area agency on aging, or any of their agents when the action
			 affects a service provider, a customer, or an applicant to become a service
			 provider or customer; or
(3) by a
			 service provider or its agent when the action affects a customer or an
			 applicant to become a customer.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 4 - NON-MEDICAID HEARING AND APPEALS › Section 26-4-5 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in article 4 of the department's regulations, the
				following terms shall have these meanings.
(a) "Appellant" means the area agency on
			 aging, customer, service provider, or an applicant wishing to be a customer or
			 service provider who is affected by, and wishes to appeal, an action or
			 proposed action.
(b) "Customer"
			 means a person who has applied for or asked to receive, or who is receiving,
			 services or benefits from any program, other than a medicaid program,
			 administered by the department.
(c) "Respondent" means the department on
			 aging, an area on aging, a service provider, or an agent whose action or
			 proposed action is being appealed.
(d) "Agent" means a person or organization
			 authorized by grant, subgrant, contract, subcontract, or any other formal or
			 informal arrangement to take action and perform services on behalf of the
			 secretary, the department, an area agency, or a service provider.
(e) "Party" means either an appellant or a
			 respondent, while "parties" means both the appellant and respondent.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 4a - CUSTOMER AND PROVIDER APPEALS IN MEDICAID PROGRAMS › Section 26-4a-2 - Appeals and fair hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 This regulation shall apply only to the medicaid long-term care programs and
			 services administered by the secretary of aging, in accordance with
			 K.S.A.
			 39-968,
			 75-5321a, and
			 75-5945 and amendments
			 thereto.
(b) A fair hearing program
			 to process and decide appeals involving the medicaid long-term care programs
			 and services and the customers and providers of those services shall be
			 administered through the office of administrative hearings in accordance with
			 the Kansas administrative procedures act,
			 K.S.A.
			 77-501 et seq. and amendments thereto, and
			 K.A.R. 30-7-64 through K.A.R. 30-7-79 .
(c) An individual may submit a written
			 request for a fair hearing to appeal a written decision, notice of action, or
			 order made by the secretary of aging or any of the department on aging's
			 employees or agents involving a medicaid program or service. The request shall
			 be received by the office of administrative hearings within 30 days after the
			 date of the written decision, notice of action, or order, except as otherwise
			 provided in applicable federal or state law. An additional three days shall be
			 allowed if the written decision, notice of action, or order is
			 mailed.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Activities of
			 daily living (ADL's)" means those personal, functional activities required by
			 an individual for continued well-being, including eating, dressing, bathing,
			 transferring, walking, retaining mobility, and toileting.
(b) "Assessment" means the completion of a
			 form to determine the initial and ongoing eligibility and need for services.
(c) "Customer" means any older
			 person who meets the eligibility requirements established in K.A.R. 26-8-2 and
			 whose services are being funded at least in part by the senior care act
			 program.
(d) "Family" means one or
			 more adults and children, if any, related by blood or law and residing in the
			 same household. If adults, other than spouses, reside together, each will be
			 considered a separate family. Emancipated minors and children living under the
			 care of individuals not legally responsible for that care shall be considered
			 one-person families.
(e) "Income"
			 means the monthly sum of income received by a family from the following
			 sources:
(1) Gross wages or salary;
(2) income from self-employment;
(3) social security;
(4) dividends;
(5) interest;
(6) income from estate or trusts;
(7) rental income;
(8) royalties;
(9) public assistance or welfare payments;
(10) pensions and annuities;
(11) unemployment compensation;
(12) workers compensation;
(13) alimony;
(14) veterans' pensions; and
(15) adjusted net farm income.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-2 - Eligibility criteria

Current through Register Vol. 43, No. 28, July 11, 2024
(a) All
			 customers shall be residents of Kansas who are 60 years of age or
			 older.
(b) Each applicant shall be
			 assessed using the department's approved uniform assessment instrument and
			 shall meet the department's long-term care threshold requirement for senior
			 care act services. Applicants who receive only an assessment shall not be
			 subject to the department's long-term care threshold requirement.
(c) Medicaid home- and community-based
			 services customers shall be eligible to receive only senior care act services
			 that are not funded through the medicaid program.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-5 - Assessment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To determine
			 eligibility for services under the senior care act, a qualified assessor
			 employed by or under contract with the area agency on aging shall complete a
			 customer assessment according to the following:
(1) Before implementation of
			 services;
(2) upon any significant
			 change in the customer's condition; and
(3) at least once every 365 days from the
			 date of the last assessment.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-7 - Maximum expenditures per customer and customer fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 monthly expenditure for services per customer shall be $1,445.00. This amount
			 shall not include expenditures for assessment, case management, and any
			 one-time service.
(b) The
			 customer's fee shall not include case management or assessment.
(c) Each customer's fee shall be based on the
			 customer's income and liquid assets.
(d) If a customer refuses to disclose the
			 customer's income and liquid assets, then that customer shall pay 100% of the
			 cost of the service.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-8 - Termination

Current through Register Vol. 43, No. 28, July 11, 2024
Services provided under this act shall be terminated by the
				area agency on aging for any of the following reasons:
(a) The customer moved to an adult care
			 home.
(b) The customer
			 died.
(c) The customer moved out of
			 the service area.
(d) The customer
			 chose to terminate services.
(e)
			 The customer no longer meets the eligibility criteria.
(f) The customer has not paid the fees, and
			 60 days have passed since the original billing date.
(g) The customer did not accurately report
			 the customer's income and liquid assets and chooses not to pay the applicable
			 fees.
(h) The service provided was
			 a one-time service as defined in K.A.R. 26-8-1 .
(i) The program or service ended or was
			 terminated.
(j) The service was
			 discontinued due to the lack of service provider or staff.
(k) The customer is determined to be no
			 longer safe in the customer's own home.
(l) The customer's whereabouts are
			 unknown.
(m) The customer is a
			 participant in the "program of all-inclusive care for the elderly"
			 (PACE).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 8 - SENIOR CARE ACT › Section 26-8-15 - Matching funds

Current through Register Vol. 43, No. 28, July 11, 2024
(a) To be eligible
			 for funds allocated pursuant to
			 K.S.A.
			 75-5929(a)(2) and amendments
			 thereto, each area agency on aging shall provide matching funds for services on
			 the basis of not less than $1 for every $2 of state funds.
(b) To be eligible for funds allocated
			 pursuant to
			 K.S.A.
			 75-5929(a)(3) and amendments
			 thereto, each area agency on aging shall provide funds from ad valorem property
			 tax levies for services on the basis of not less than $1 for every $1 of state
			 funds.
(c) Each area agency on
			 aging providing matching funds shall submit to the department written
			 documentation from the local unit of government or the single entity
			 responsible for ad valorem property tax levies for services for the aging, as
			 designated by a local unit of government, stating that the local unit of
			 government has provided ad valorem property tax levies for services under this
			 act.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 9 - CLIENT ASSESSMENT, REFERRAL, AND EVALUATION PROGRAM › Section 26-9-1 - Client assessment, referral, and evaluation (CARE) for nursing facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 individual seeking admission to a nursing facility or nursing facility for
			 mental health shall, before admission, receive and complete a preadmission
			 assessment, evaluation, and referral to all available community resources,
			 including nursing facilities, unless one of the following conditions is met:
(1) The individual entered an acute care
			 facility from a nursing facility and is returning to a nursing
			 facility.
(2) The individual is
			 transferring from one nursing facility to another nursing facility.
(3) The individual is entering a nursing
			 facility operated by and for the adherents of a recognized church or religious
			 denomination for the purpose of providing care and services for those who
			 depend upon spiritual means, through prayer alone, for healing.
(4) The individual has been diagnosed as
			 having a terminal illness and has obtained a physician's statement documenting
			 that the individual's life expectancy is six months or less.
(5) The individual is entering a nursing
			 facility from a hospital and the length of stay is expected to be 30 days or
			 less based on a physician's certification.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-2 - Educational requirements for licensure

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 Each individual seeking initial licensure as an adult care home administrator
			 shall meet the following requirements:
(A)
			 Hold a baccalaureate or higher degree from an accredited college or university;
			 and
(B) successfully complete a
			 long-term care administration practicum that is conducted by an accredited
			 college or university or an equivalent educational training practicum.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-3 - Application for initial licensure

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each applicant for initial licensure shall submit an application on forms
			 provided by the board and shall furnish the fee specified in K.A.R. 26-38-11
			 and evidence satisfactory to the board of having met the requirements specified
			 in K.A.R. 26-38-2. Documents verifying that the applicant successfully
			 completed the educational requirements shall be submitted no later than 30 days
			 following the date of the national examination specified in K.A.R.
			 26-38-4.
(b) Each applicant shall
			 submit, on forms provided by the board, one letter of reference from a licensed
			 adult care home administrator, in state or out of state, and one letter of
			 reference from another person who is not a relative of the applicant.
(c) Each applicant shall provide the board
			 with academic transcripts and proof of receipt of a baccalaureate or a
			 postbaccalaureate degree. The applicant shall arrange for transcripts to be
			 provided directly to the board by the accredited college or
			 university.
(d) Each applicant who
			 has received a baccalaureate or postbaccalaureate degree outside the United
			 States or its territories and whose transcript is not in English shall submit
			 an officially translated English copy of the applicant's transcript and, if
			 necessary, supporting documents. The transcript shall be translated by a source
			 and in a manner acceptable to the board. Each applicant shall pay all
			 transcription fees directly to the transcriber.
(e) Each applicant who has received a
			 baccalaureate or postbaccalaureate degree outside the United States or its
			 territories shall obtain an equivalency validation from a board-approved agency
			 that specializes in educational credential evaluations. Each applicant shall
			 pay the required equivalency validation fee directly to the validation
			 agency.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-4 - Licensing examinations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for initial licensure as an adult care home administrator shall be
			 required to pass a national examination and a state law examination for adult
			 care home administration approved by the board.
(1) Each applicant shall take the national
			 examination within 12 months of completing an administrator-in-training
			 practicum, unless for good cause the board grants an extension. For the purpose
			 of this subsection, "good cause" shall mean any reason that does not reflect
			 unfavorably on the applicant's good character, qualifications, or ability to
			 comply with the board's regulations.
(2) Each applicant shall pay the required
			 examination fee for the national examination directly to the testing agency. An
			 examination fee shall be required each time an applicant takes the national
			 examination.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-5 - Potentially disqualifying civil and criminal records; advisory opinion; fee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant
			 shall provide, and shall authorize the board to request, disciplinary action
			 information and criminal history records. If adverse information is received
			 from the applicant or from any other source, the applicant shall provide all
			 necessary records, sworn affidavits, or other documentation required by the
			 board concerning the disciplinary action or criminal conviction, including any
			 evidence that all sentencing requirements have been completed. The applicant
			 shall pay all costs for the acquisition of these documents.
(b) The following criminal records may
			 disqualify an applicant from receiving a license:
(1) Conviction of any felony;
(2) conviction of any class A misdemeanor
			 that includes any of the following:
(A) A
			 crime involving violation of any state or federal drug, narcotic, or controlled
			 substances law;
(B) a crime against
			 persons, as defined in K.S.A. 2018 Supp.
			 21-5401
			 et seq. and amendments thereto;
(C)
			 a sex offense, as defined in K.S.A. 2018 Supp.
			 21-5501 et
			 seq. and amendments thereto;
(D) a
			 crime affecting family relationships and children, as defined in K.S.A. 2018
			 Supp.
			 21-5601
			 et seq. and amendments thereto, excluding criminal nonsupport, as defined in
			 K.S.A. 2018 Supp.
			 21-5606 and
			 amendments thereto;
(E) a crime
			 promoting the sale of sexual relations, as defined in K.S.A. 2018 Supp.
			 21-6420
			 and amendments thereto;
(F) a crime
			 of theft, as defined in K.S.A. 2018 Supp.
			 21-5801 and
			 amendments thereto;
(G) an attempt,
			 conspiracy, or solicitation to commit any offense described in this subsection;
			 or
(H) any similar criminal offense
			 defined by another state or by the federal government; and
(3) conviction of any other misdemeanor that
			 meets both of the following conditions:
(A)
			 The crime involved at least one of the circumstances described in paragraph
			 (b)(2); and
(B)
(i) Fewer than five years have passed since
			 the applicant completed that individual's sentence, including any term of
			 incarceration, probation, or community supervision; or
(ii) the applicant has been convicted of
			 another crime in the five years immediately preceding the date of application
			 for license.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-6 - Temporary license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for a 60-day temporary license shall identify the facility seeking to
			 hire the applicant on a temporary basis and shall arrange for that facility to
			 provide the board with written documentation that a current licensee is not
			 available to serve as administrator in the facility. Each applicant shall also
			 meet each of the following requirements:
(1)
			 Submit an application on board-approved forms accompanied by the applicable fee
			 specified in K.A.R. 26-38-11;
(2)
			 be endorsed in writing to be the most qualified person available to be employed
			 by the facility. The endorsement shall be made by an authorized representative
			 of the governing body of the facility where the applicant is to be employed;
			 and
(3)
(A) Have a baccalaureate or postbaccalaureate
			 degree from an accredited college or university and have passed an examination
			 on state law pursuant to K.A.R. 26-38-4;
(B) have completed a degree-conferring
			 program from an accredited college or university and either be participating or
			 will participate in a long-term care administration or educational training
			 practicum in compliance with K.A.R. 26-38-2;
(C) have been previously licensed in Kansas
			 as an adult care home administrator and otherwise be eligible for reinstatement
			 pursuant to K.A.R. 26-38-8; or
(D)
			 hold a license as an adult care home administrator in another state and
			 otherwise be eligible for reciprocity pursuant to K.A.R. 26-38-7.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-7 - Licensure by reciprocity

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant for licensure by reciprocity shall submit an application on
			 board-approved forms accompanied by the application fee for licensure by
			 reciprocity and the license application fee specified in K.A.R. 26-38-11. Each
			 applicant for licensure by reciprocity shall authorize the board to submit the
			 application to the Kansas bureau of investigation for the purpose of obtaining
			 criminal history records information to be considered by the board in its
			 determination of the applicant's eligibility for licensing.
(b) Each applicant for licensure by
			 reciprocity whose license was issued by another jurisdiction shall provide
			 documentation to the board of both of the following:
(1) The applicant is favorably recommended by
			 the state in which the applicant is licensed. To meet this requirement, the
			 applicant shall arrange for that state to provide the board with a written
			 affirmation that the applicant is in good standing. The applicant shall ensure
			 that the letter of good standing is sent directly to the board from the issuing
			 agency and shall not take possession of or tamper with the letter. For the
			 purposes of this paragraph, "good standing," in reference to an applicant,
			 shall mean that the individual's license has not been limited, suspended, or
			 revoked.
(2)
(A) The licensing criteria of the
			 license-issuing jurisdiction are substantially equivalent to the current Kansas
			 examination, education, training, and experience requirements in K.A.R. 26-38-2
			 and K.A.R. 26-38-4; or
(B) the
			 applicant has been continuously licensed during the preceding five years,
			 during which time the applicant annually attained at least 2,080 hours of
			 experience as an administrator of record of a licensed adult care home or a
			 licensed long-term care unit of a hospital.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-8 - Licensing renewal and license reinstatement; continuing education; sponsorship

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 application for renewal of a license shall be submitted on or before June 30 of
			 the year in which the license expires.
(b) Each licensee shall submit an application
			 on forms provided by the board and accompanied by the license renewal fee
			 specified in K.A.R. 26-38-11. Each licensee whose application is received with
			 a postmark later than June 30 of the year in which the license expires shall
			 also pay the late renewal fee specified in K.A.R. 26-38-11. The application and
			 all applicable fees shall be received within the 30-day period following the
			 license expiration date. If the application and all applicable fees are not
			 received within that 30-day period, the license shall lapse and the individual
			 shall be required to apply for reinstatement.
(c)
(1)
			 Except as provided in paragraph (c)(2), each application for renewal shall
			 include an attestation verifying that the licensee has completed at least 50
			 clock-hours of board-approved continuing education pertaining to the core of
			 knowledge or the domains of practice, as defined in K.A.R. 26-38-1, during the
			 licensure period immediately preceding renewal of the license.
(2) If a licensee's initial licensure period
			 is less than 24 months, the application shall include an attestation verifying
			 that the licensee has completed at least two clock-hours of board-approved
			 continuing education for each month in the initial licensure period.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-9 - Display of license

Current through Register Vol. 43, No. 28, July 11, 2024
Each person licensed as an adult care home administrator shall
				display that person's wall license in a conspicuous place in the licensee's
				office or place of business or employment. Each licensee serving as
				administrator in more than one facility shall display one wall license in each
				facility. Each request for an additional wall license shall be submitted in
				writing and accompanied by the fee specified in K.A.R. 26-38-11 for a duplicate
				wall license.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-10 - Change of name or address; replacement licenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee shall notify the board of
			 any name or address change within 30 days of the change. Each licensee who is
			 found to have knowingly or repeatedly failed to comply with this regulation
			 shall be subject to disciplinary action by the board pursuant to
			 K.S.A.
			 65-3508, and amendments thereto.
(b)
(1)
			 Notice of each address change shall be submitted in writing and shall include
			 each of the following:
(A) The licensee's full
			 legal name;
(B) the licensee's
			 license number;
(C) the licensee's
			 previous mailing address; and
(D)
			 the licensee's new mailing address.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 38 - LICENSURE OF ADULT CARE HOME ADMINISTRATORS › Section 26-38-11 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) The license application fee shall be
			 $100.00. The license application fee for an initial licensure period of less
			 than 24 months shall be prorated at $4.00 per month for each full or partial
			 month.
(2) The license renewal fee
			 shall be $100.00.
(3) The temporary
			 license application fee shall be $100.00.
(4) The application fee for reinstatement of
			 a lapsed or revoked license shall be $120.00, in addition to the license
			 renewal fee specified in paragraph (a)(2).
(5) The application fee for licensure by
			 reciprocity shall be $120.00, in addition to the application fee specified in
			 paragraph (a)(1).
(6) The late
			 renewal fee shall be $50.00.
(7)
			 The wall or wallet card license replacement fee shall be $10.00.
(8) The fee for providing a duplicate wall
			 license shall be $10.00.
(9) The
			 sponsorship application fee shall be $150.00.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 10 - ADMINISTRATION OF MEDICAID PROGRAMS; NURSING FACILITY SERVICES PAYMENT PROGRAM, HOME-AND COMMUNITY-BASED SERVICES WAIVER PROGRAM FOR THE FRAIL ELDERLY, AND TARGETED CASE MANAGEMENT SERVICES PROGRAM › Section 26-10-1 - Administration of medicaid programs

Current through Register Vol. 43, No. 28, July 11, 2024
The long-term care medicaid programs that are described in
				K.A.R.
				30-2-17, the administration of which is
				transferred to the secretary of aging from the secretary of social and
				rehabilitation services, pursuant to K.S.A. 1996 Supp.
				39-968,
				75-5321a, and
				75-5945
et seq.
,
				as amended, shall be administered in accordance with the authorities referenced
				in K.S.A. 1996 Supp.
				75-5945, as amended, and with
				K.A.R.
				30-2-17, as in effect on July 1, 1997.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-100 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
The following terms and definitions shall apply to all of the
				department's regulations governing adult care homes and their employees:
(a) "Activities director" means an individual
			 who meets at least one of the following requirements:
(1) Has a degree in therapeutic
			 recreation;
(2) is licensed in
			 Kansas as an occupational therapist or occupational therapy
			 assistant;
(3) has a bachelor's
			 degree in a therapeutic activity field in art therapy, horticultural therapy,
			 music therapy, special education, or a related therapeutic activity
			 field;
(4) is certified as a
			 therapeutic recreation specialist or as an activities professional by a
			 recognized accrediting body;
(5)
			 has two years of experience in a social or recreational program within the last
			 five years, one of which was full-time in an activities program in a health
			 care setting; or
(6) has completed
			 a course approved by the department in resident activities coordination and
			 receives consultation from a therapeutic recreation specialist, an occupational
			 therapist, an occupational therapy assistant, or an individual with a
			 bachelor's degree in art therapy, music therapy, or horticultural
			 therapy.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-101 - Licensure of adult care homes

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Initiation of application process.
(1) Each
			 applicant for a license to operate an adult care home shall submit a letter of
			 intent to the department.
(2) The
			 letter of intent shall include all of the following information:
(A) The type of adult care home license being
			 requested;
(B) the name, address,
			 and telephone number of the applicant; and
(C) the street address or legal description
			 of the proposed site.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-102 - Admission, transfer, and discharge rights of residents in adult care homes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee,
			 administrator, or operator shall develop written admission policies regarding
			 the admission of residents. The admission policy shall meet the following
			 requirements:
(1) The administrator or
			 operator shall ensure the admission of only those individuals whose physical,
			 mental, and psychosocial needs can be met within the accommodations and
			 services available in the adult care home.
(A)
			 Each resident in a nursing facility or nursing facility for mental health shall
			 be admitted under the care of a physician licensed to practice in
			 Kansas.
(B) The administrator or
			 operator shall ensure that no children under the age of 16 are admitted to the
			 adult care home.
(C) The
			 administrator or operator shall allow the admission of an individual in need of
			 specialized services for mental illness to the adult care home only if
			 accommodations and treatment that will assist that individual to achieve and
			 maintain the highest practicable level of physical, mental, and psychosocial
			 functioning are available.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-103 - Resident rights in adult care homes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Protection and promotion of resident
			 rights. Each administrator or operator shall ensure the protection and
			 promotion of the rights of each resident as set forth in this regulation. Each
			 resident shall have a right to a dignified existence, self-determination, and
			 communication with and access to persons and services inside and outside the
			 adult care home.
(b) Exercise of
			 rights.
(1) The administrator or operator
			 shall ensure that each resident is afforded the right to exercise the
			 resident's rights as a resident of the adult care home and as a
			 citizen.
(2) The administrator or
			 operator shall ensure that each resident is afforded the right to be free from
			 interference, coercion, discrimination, or reprisal from adult care home staff
			 in exercising the resident's rights.
(3) If a resident is adjudged incompetent
			 under the laws of the state of Kansas, the resident's legal representative
			 shall have the power to exercise rights on behalf of the resident.
(4) In the case of a resident who has
			 executed a durable power of attorney for health care decisions, the agent may
			 exercise the rights of the resident to the extent provided by
			 K.S.A.
			 58-625 et seq. and amendments
			 thereto.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-104 - Receivership of adult care homes

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 A person may be designated by the secretary to be a receiver if that person
			 meets the following requirements:
(1) Has
			 operated a Kansas adult care home for at least five consecutive years;
			 and
(2) has a history of compliance
			 with licensure standards.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-105 - Adoptions by reference

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 following material shall apply to all adult care homes except nursing
			 facilities for mental health, intermediate care facilities for the mentally
			 retarded, and boarding care homes:
(1) Dietary
			 guidelines. In the "dietary guidelines for Americans," 2005, published by the
			 U.S. department of health and human services and U.S. department of
			 agriculture, appendixes A-1 and A-2 and "notes for appendix A-2" are hereby
			 adopted by reference.
(2) Infection
			 control. The department's document titled "tuberculosis (TB) guidelines for
			 adult care homes," dated July 2008, is hereby adopted by reference.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-438 - Informal dispute resolution requests

Current through Register Vol. 43, No. 28, July 11, 2024
Any adult care home administrator may request from the
				department an informal opportunity to dispute cited deficiencies pursuant to L.
				2004, ch. 162, sec. 1 and amendments thereto. The adult care home administrator
				shall submit five copies of the request and the accompanying documentation
				required by
				L.
				2004, ch. 162, sec. 1,
				and amendments thereto, to the department.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-439 - Informal dispute resolution panel

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An informal
			 dispute resolution panel, which is also known as an independent review panel,
			 shall be appointed by the secretary. The membership of each informal dispute
			 resolution panel shall consist of the members authorized by
			 L.
			 2004, ch. 162, sec. 1
			 and amendments thereto.
(b) If an
			 adult care home administrator requests a face-to-face meeting, the meeting
			 shall be conducted at the department's administrative offices in Topeka,
			 Kansas.
(c) The panel shall allow
			 a representative of the adult care home to provide information and
			 documentation that refute the disputed deficiency or deficiencies.
(d) The panel shall allow a representative of
			 the department to provide information and documentation that support the cited
			 deficiencies.
(e) The panel shall
			 consider the following information during the informal dispute resolution
			 process:
(1) The cited deficiency or
			 deficiencies;
(2) the applicable
			 state or federal regulations;
(3)
			 the applicable state or federal interpretative guidelines;
(4) any relevant information and
			 documentation related to the statement of deficiencies provided by the adult
			 care home representative; and
(5)
			 any relevant information and documentation related to the statement of
			 deficiencies provided by the department's staff.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-440 - Informal dispute resolution process

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Departmental staff members may assist
			 panel members in convening informal dispute resolution meetings within 30 days
			 of the receipt of each request for informal dispute resolution. If the panel
			 can not be convened within 30 days, the adult care home administrator shall be
			 advised of the date of the panel meeting.
(2) More than one informal dispute resolution
			 request may be reviewed during any panel meeting. The panel shall determine the
			 order and method of the presentations by representatives of the adult care home
			 and the department.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-441 - Notification of final decision

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The informal
			 dispute resolution panel shall submit a written recommendation to the secretary
			 upon adjournment of the informal dispute resolution meeting. The panel's
			 recommendation shall be accepted, rejected, or modified by the secretary.
(b) If the deficiencies are
			 upheld, a departmental staff member shall notify the adult care home
			 representative in writing that the informal dispute resolution request was
			 unsuccessful and that the deficiencies will remain on the statement of
			 deficiencies.
(c) If the
			 deficiencies are deleted or the scope and severity assessments are revised, a
			 department staff member shall notify the adult care home representative in
			 writing that the informal dispute resolution was successful. A departmental
			 staff member shall delete the deficiencies or adjust the scope and severity
			 assessment, or both, and shall forward a revised statement of deficiencies to
			 the adult care home administrator.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-500 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Each of the following terms, as used in
				K.A.R.
				26-39-500 through
				26-39-506, shall have the meaning
				specified in this regulation:
(a)
			 "Accredited college or university" means a college or university that is
			 accredited by an accrediting body recognized by the council on postsecondary
			 accreditation or by the secretary of the U.S. department of
			 education.
(b) "Clock-hour" means
			 at least 50 minutes of direct instruction, excluding registration, breaks, and
			 meals.
(c) "Continuing education"
			 means a formally organized learning experience that has education as its
			 explicit, principal intent and is oriented toward the enhancement of adult care
			 home administration values, skills, knowledge, and ethics.
(d) "Core of knowledge" means the educational
			 training content for the field of adult care home administration specified in
			 K.A.R. 28-38-29 .
(e) "Disciplinary
			 action" means a final action by the secretary or by a board or agency in this
			 state or another jurisdiction on a professional or occupational health care
			 credential.
(f) "Domains of
			 practice" means the knowledge, skills, and abilities specified in K.A.R.
			 28-38-29 .
(g) "In-service
			 education" means learning activities that are provided to an individual in the
			 work setting and are designed to assist the individual in fulfilling job
			 responsibilities.
(h) "Long-term
			 care provider organization" means any professional association concerned with
			 the care and treatment of chronically ill or infirm elderly patients or any
			 association concerned with the regulation of adult care homes.
(i) "Registration" means the credential
			 issued by the secretary to each applicant who meets the requirements for an
			 operator specified in K.A.R. 26-39-501 .
(j) "Relevant experience" shall include work
			 experience in business, hospitality, gerontology, or health and human services,
			 or other fields as approved by the secretary.
(k) "Relevant field" shall include degrees in
			 business, hospitality, gerontology, or health and human services, or other
			 degrees as approved by the secretary.
(l) "Sponsor" means any entity approved by
			 the secretary to provide continuing education programs or courses on a
			 long-term basis.
(m) "Sponsorship"
			 means an approved, long-term provision of programs or courses for the purpose
			 of fulfilling the continuing education requirements for registration renewal or
			 reinstatement.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-501 - Registration

Current through Register Vol. 43, No. 28, July 11, 2024
Each applicant for initial registration as an operator shall
				meet the following requirements:
(a)
			 Submit an application and meet the requirements specified in K.A.R. 26-39-502
			 ;
(b) pay the applicable fee
			 specified in K.A.R. 26-39-505 ;
(c)
			 be at least 21 years of age;
(d)
(1) Have a high school diploma or equivalent,
			 with one year of relevant experience;
(2) have an associate's degree in a relevant
			 field; or
(3) have a bachelor's
			 degree; and
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-502 - Application for registration

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each applicant for registration shall submit a completed application, pay the
			 applicable fee, and provide evidence satisfactory to the department of having
			 met the requirements in K.A.R. 26-39-501 .
(b) Each applicant shall provide the
			 department with one of the following:
(1)
			 Academic transcripts or proof of receipt of an associate's degree, if
			 qualifying with an associate's degree in a relevant field;
(2) academic transcripts or proof of receipt
			 of a bachelor's degree or graduate degree, if qualifying with a bachelor's
			 degree; or
(3) both a high school
			 diploma or the equivalent and evidence of one year of relevant experience, if
			 qualifying with a high school diploma and one year of relevant
			 experience.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-503 - Operator course

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant shall have successfully completed an operator course on principles of
			 assisted living that is approved by the secretary.
(b) Each operator course shall be conducted
			 by one of the following training providers:
(1) A long-term care provider
			 organization;
(2) a community
			 college;
(3) an area
			 vocational-technical school;
(4) a
			 postsecondary school under the jurisdiction of the state board of regents;
			 or
(5) an equivalent training
			 provider approved by the secretary.