reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-504 - Registration renewal and reinstatement; continuing education

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 registration shall expire biennially on April 30. Each initial registration
			 shall be issued for at least 12 months but not more than 24 months.
(b)
(1) On
			 or before April 30 of the calendar year in which the registration expires, each
			 operator shall submit electronically or have postmarked a completed renewal
			 application and the renewal fee specified in K.A.R. 26-39-505 .
(2) The registration may be renewed within
			 the 30-day period following the expiration date only if the completed
			 application and the renewal fee and renewal late fee specified in K.A.R.
			 26-39-505 are received electronically or postmarked on or before May 30 of the
			 calendar year in which the registration expires.
(3) If the completed renewal application and
			 the applicable fee or fees are not received electronically or postmarked within
			 the 30-day period following the expiration date, the registration shall be
			 deemed to have lapsed for failure to renew and shall be reissued only after the
			 registration has been reinstated.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-505 - Fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 registration application fee shall be $65.00. The registration application fee
			 for an initial registration of less than 24 months shall be prorated for any
			 full or partial month.
(b) The
			 registration renewal fee shall be $65.00.
(c) The registration renewal late fee shall
			 be $35.00.
(d) The application fee
			 for reinstatement of a lapsed or revoked registration shall be $65.00, in
			 addition to the registration renewal fee specified in subsection (b).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 39 - ADULT CARE HOMES › Section 26-39-506 - Change of name or address

Current through Register Vol. 43, No. 28, July 11, 2024
Each operator shall notify the department of any change in the
				operator's name or address within 30 days of the change.
(a) Notice of each address change shall
			 include the operator's name, registration number, previous mailing address, and
			 new mailing address.
(b) Notice of
			 each name change shall meet the following requirements:
(1) Include the operator's previous name, new
			 name, and registration number; and
(2) be accompanied by one of the following:
(A) A certified copy of the operator's
			 marriage certificate or license;
(B) a certified copy of the operator's court
			 decree evidencing the name change; or
(C) a photocopy of the operator's driver's
			 license or Kansas identification card specifying the new name.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 40 - NURSING FACILITIES › Section 26-40-301 - Nursing facility physical environment; construction and site requirements

Current through Register Vol. 43, No. 28, July 11, 2024
Each nursing facility shall be designed, constructed, equipped,
				and maintained to protect the health and safety of the residents and personnel
				and the public.
(a) Codes and
			 standards. Each nursing facility shall meet the requirements of the building
			 codes, standards, and regulations enforced by city, county, or state
			 jurisdictions. The requirements specified in this regulation shall be
			 considered as a minimum. New construction of a nursing facility and each
			 addition to a nursing facility licensed on or after the effective date of this
			 regulation shall meet the requirements of the following, as adopted by
			 reference in K.A.R. 26-39-105 :
(1) The
			 "international building code" (IBC);
(2) the national fire protection
			 association's NFPA 101 "life safety code"; and
(3) the "Americans with disabilities act
			 accessibility guidelines for buildings and facilities" (ADAAG).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 40 - NURSING FACILITIES › Section 26-40-302 - Nursing facility physical environment; applicants for initial licensure and new construction

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Applicability. This regulation shall apply to each applicant for a nursing
			 facility license and to any addition to a nursing facility licensed on the
			 effective date of this regulation.
(b) Codes and standards. Each nursing
			 facility shall meet the requirements of the building codes, standards, and
			 regulations enforced by city, county, or state jurisdictions. The requirements
			 specified in this regulation shall be considered as a minimum. Each applicant
			 for a nursing facility license and each addition to a nursing facility licensed
			 on or after the effective date of this regulation shall meet the following
			 requirements, as adopted by reference in K.A.R. 26-39-105 :
(1) The "international building code"
			 (IBC);
(2) the national fire
			 protection association's NFPA 101 "life safety code" (LSC); and
(3) the "Americans with disabilities act
			 accessibility guidelines for buildings and facilities" (ADAAG).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 40 - NURSING FACILITIES › Section 26-40-303 - Nursing facility physical environment; existing nursing facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Applicability.
			 This regulation shall apply to all nursing facilities licensed on the effective
			 date of this regulation.
(b) Codes
			 and standards. Each nursing facility shall meet the requirements of the
			 building codes, standards, and regulations enforced by city, county, or state
			 jurisdictions. The requirements specified in this regulation shall be
			 considered as a minimum.
(1) Each nursing
			 facility shall meet the following requirements, as adopted by reference in
			 K.A.R. 26-39-105 :
(A) The national fire
			 protection association's NFPA 101 "life safety code" (LSC); and
(B) the "Americans with disabilities act
			 accessibility guidelines for buildings and facilities" (ADAAG).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 40 - NURSING FACILITIES › Section 26-40-304 - Nursing facility physical environment; details and finishes

Current through Register Vol. 43, No. 28, July 11, 2024
Each nursing facility shall incorporate details and finishes to
				create a home environment.
(a) Codes
			 and standards. Nursing facilities may be subject to codes, standards, and
			 regulations of several different jurisdictions, including local, state, and
			 federal authorities. The requirements in this regulation shall be considered as
			 a minimum. Each nursing facility and each portion of a nursing facility that
			 was licensed under a previous regulation shall, at a minimum, remain in
			 compliance with the regulation or building code in effect at the date of
			 licensure. Each applicant for a nursing facility license and each addition to a
			 nursing facility licensed on or after the effective date of this regulation
			 shall meet the following requirements, as adopted by reference in K.A.R.
			 26-39-105 :
(1) The "international building
			 code" (IBC);
(2) the national fire
			 protection association's NFPA 101 "life safety code" (LSC); and
(3) the "Americans with disabilities act
			 accessibility guidelines for buildings and facilities" (ADAAG).
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 40 - NURSING FACILITIES › Section 26-40-305 - Nursing facility physical environment; mechanical, electrical, and plumbing systems

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Applicability. This regulation shall apply to all nursing facilities.
(b) Codes and standards. Each nursing
			 facility shall meet the requirements of the building codes, standards, and
			 regulations enforced by city, county, or state jurisdictions. The requirements
			 specified in this regulation shall be considered as a minimum.
(1) Each nursing facility shall meet the
			 requirements of the national fire protection association's NFPA 101 "life
			 safety code" (LSC), as adopted by reference in K.A.R. 26-39-105 .
(2) Each applicant for a nursing facility
			 license and each addition to a nursing facility licensed on or after the
			 effective date of this regulation shall meet the requirements of the
			 "international building code" (IBC), as adopted by reference in K.A.R.
			 26-39-105 .
(3) Each nursing
			 facility and each portion of each nursing facility that was approved under a
			 previous regulation shall, at a minimum, remain in compliance with the
			 regulation or building code in effect at the date of licen-sure, unless
			 otherwise indicated.
(4) Each
			 nursing facility shall have a complete set of manufacturer's operating,
			 maintenance, and preventive maintenance instructions for each piece of
			 building, mechanical, dietary, and laundry equipment.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-101 - Administration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Administrator
			 and operator responsibilities. The administrator or operator of each assisted
			 living facility or residential health care facility ("facility") shall ensure
			 that the facility is operated in a manner so that each resident receives care
			 and services in accordance with each resident's functional capacity screening
			 and negotiated service agreement.
(b) Administrator and operator criteria. Each
			 licensee shall appoint an administrator or operator who meets the following
			 criteria:
(1) Is at least 21 years of
			 age;
(2) possesses a high school
			 diploma or the equivalent;
(3)
			 holds a Kansas license as an adult care home administrator or has successfully
			 completed an operator training course and passed the test approved by the
			 secretary of Kansas department of heath and environment pursuant to
			 K.S.A.
			 39-923 and amendments thereto; and
(4) has authority and responsibility for the
			 operation of the facility and compliance with licensing requirements.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-102 - Staff qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the provision of a sufficient number of
			 qualified personnel to provide each resident with services and care in
			 accordance with that resident's functional capacity screening, health care
			 service plan, and negotiated service agreement.
(b) Direct care staff or licensed nursing
			 staff shall be awake and responsive at all times.
(c) A registered professional nurse shall be
			 available to provide supervision to licensed practical nurses, pursuant to
			 K.S.A.
			 65-1113 and amendments thereto.
(d) The employee records and agency staff
			 records shall contain the following documentation:
(1) Evidence of licensure, registration,
			 certification, or a certificate of successful completion of a training course
			 for each employee performing a function that requires specialized education or
			 training;
(2) supporting
			 documentation for criminal background checks of facility staff and contract
			 staff, excluding any staff licensed or registered by a state agency, pursuant
			 to K.S.A.
			 39-970 and amendments thereto;
(3) supporting documentation from the Kansas
			 nurse aide registry that the individual does not have a finding of having
			 abused, neglected, or exploited a resident in an adult care home; and
(4) supporting documentation that the
			 individual does not have a finding of having abused, neglected, or exploited
			 any resident in an adult care home, from the nurse aide registry in each state
			 in which the individual has been known to have worked as a certified nurse
			 aide.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-103 - Staff development

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the provision of orientation to new employees
			 and regular in-service education for all employees to ensure that the services
			 provided assist residents to attain and maintain their individuality, autonomy,
			 dignity, independence, and ability to make choices in a home
			 environment.
(b) The topics for
			 orientation and in-service education shall include the following:
(1) Principles of assisted living;
(2) fire prevention and safety;
(3) disaster procedures;
(4) accident prevention;
(5) resident rights;
(6) infection control; and
(7) prevention of abuse, neglect, and
			 exploitation of residents.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-104 - Disaster and emergency preparedness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The administrator or operator of each
			 assisted living facility or residential health care facility shall ensure the
			 provision of a sufficient number of staff members to take residents who would
			 require assistance in an emergency or disaster to a secure location.
(b) Each administrator or operator shall
			 ensure the development of a detailed written emergency management plan to
			 manage potential emergencies and disasters, including the following:
(1) Fire;
(2) flood;
(3) severe weather;
(4) tornado;
(5) explosion;
(6) natural gas leak;
(7) lack of electrical or water
			 service;
(8) missing residents;
			 and
(9) any other potential
			 emergency situations.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-105 - Resident records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the maintenance of a record for each resident
			 in accordance with accepted professional standards and practices.
(1) Designated staff shall maintain the
			 record of each discharged resident who is 18 years of age or older for at least
			 five years after the discharge of the resident.
(2) Designated staff shall maintain the
			 record of each discharged resident who is less than 18 years of age for at
			 least five years after the resident reaches 18 years of age or at least five
			 years after the date of discharge, whichever time period is longer.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-106 - Community governance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the facilitation of the organization of at
			 least one resident council, each of which shall meet at least quarterly to
			 provide residents with a forum to provide input into community
			 governance.
(b) Each administrator
			 or operator shall ensure the accommodation of the council process by providing
			 space for the meetings, posting notices of the meetings, and assisting
			 residents who wish to attend the meetings.
(c) In order to permit a free exchange of
			 ideas and concerns, each administrator or operator shall ensure that all
			 meetings are conducted without the presence of facility staff, unless allowed
			 by the residents.
(d) Each
			 administrator or operator shall respond to each written idea and concern
			 received from the council, in writing, within 30 days after the meeting at
			 which the written ideas and concerns were collected. The administrator or
			 operator shall ensure that a copy of each written idea or concern and each
			 response is available to surveyors.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-200 - Resident criteria

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the development and implementation of written
			 admission, transfer, and discharge policies that protect the rights of each
			 resident, pursuant to K.A.R. 26-39-102. In addition, the administrator or
			 operator shall ensure that any resident who has one or more of the following
			 conditions is not admitted or retained unless the negotiated service agreement
			 includes services sufficient to meet the needs of the resident:
(1) Incontinence, if the resident cannot or
			 will not participate in management of the problem;
(2) immobility, if the resident is totally
			 dependent on another person's assistance to exit the building;
(3) any ongoing condition requiring two or
			 more persons to physically assist the resident;
(4) any ongoing, skilled nursing intervention
			 needed 24 hours a day; or
(5) any
			 behavioral symptom that exceeds manageability.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-201 - Resident functional capacity screening

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On or before each individual's admission
			 to an assisted living facility or residential health care facility, a licensed
			 nurse, a licensed social worker, or the administrator or operator shall conduct
			 a screening to determine the individual's functional capacity and shall record
			 all findings on a screening form specified by the department. The administrator
			 or operator may integrate the department's screening form into a form developed
			 by the facility, which shall include each element and definition specified by
			 the department.
(b) A licensed
			 nurse shall assess any resident whose functional capacity screening indicates
			 the need for health care services.
(c) Designated facility staff shall conduct a
			 screening to determine each resident's functional capacity according to the
			 following requirements:
(1) At least once
			 every 365 days;
(2) following any
			 significant change in condition as defined in K.A.R. 26-39-100; and
(3) at least quarterly if the resident
			 receives assistance with eating from a paid nutrition assistant.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-202 - Negotiated service agreement

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the development of a written negotiated
			 service agreement for each resident, based on the resident's functional
			 capacity screening, service needs, and preferences, in collaboration with the
			 resident or the resident's legal representative, the case manager, and, if
			 agreed to by the resident or the resident's legal representative, the
			 resident's family. The negotiated service agreement shall provide the following
			 information:
(1) A description of the
			 services the resident will receive;
(2) identification of the provider of each
			 service; and
(3) identification of
			 each party responsible for payment if outside resources provide a
			 service.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-203 - General services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Range
			 of services. The administrator or operator of each assisted living facility or
			 residential health care facility shall ensure the provision or coordination of
			 the range of services specified in each resident's negotiated service
			 agreement. The range of services may include the following:
(1) Daily meal service based on each
			 resident's needs;
(2) health care
			 services based on an assessment by a licensed nurse and in accordance with
			 K.A.R. 26-41-204;
(3) housekeeping
			 services essential for the health, comfort, and safety of each
			 resident;
(4) medical, dental, and
			 social transportation;
(5) planned
			 group and individual activities that meet the needs and interests of each
			 resident; and
(6) other services
			 necessary to support the health and safety of each resident.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-204 - Health care services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator in each assisted living facility or residential
			 health care facility shall ensure that a licensed nurse provides or coordinates
			 the provision of necessary health care services that meet the needs of each
			 resident and are in accordance with the functional capacity screening and the
			 negotiated service agreement.
(b)
			 If the functional capacity screening indicates that a resident is in need of
			 health care services, a licensed nurse, in collaboration with the resident, the
			 resident's legal representative, the case manager, and, if agreed to by the
			 resident or resident's legal representative, the resident's family, shall
			 develop a health care service plan to be included as part of the negotiated
			 service agreement.
(c) The health
			 care services provided by or coordinated by a licensed nurse may include the
			 following:
(1) Personal care provided by
			 direct care staff or by certified or licensed nursing staff employed by a home
			 health agency or a hospice;
(2)
			 personal care provided gratuitously by friends or family members; and
(3) supervised nursing care provided by, or
			 under the guidance of, a licensed nurse.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-205 - Medication management

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Self-administration of medication. Any resident may self-administer and manage
			 medications independently or by using a medication container or syringe
			 prefilled by a licensed nurse or pharmacist or by a family member or friend
			 providing this service gratuitously, if a licensed nurse has performed an
			 assessment and determined that the resident can perform this function safely
			 and accurately without staff assistance.
(1)
			 An assessment shall be completed before the resident initially begins
			 self-administration of medication, if the resident experiences a significant
			 change of condition, and annually.
(2) Each assessment shall include an
			 evaluation of the resident's physical, cognitive, and functional ability to
			 safely and accurately self-administer and manage medications independently or
			 by using a prefilled medication container or prefilled syringe.
(3) The resident's clinical record shall
			 contain documentation of the assessment and the determination.
(4) If a resident self-administers medication
			 with a pre-filled medication container or syringe, the prefilled medication
			 container or syringe shall have a label with the resident's name and the date
			 the container or syringe was prefilled. The label, or a medication
			 administration record provided to the resident, shall also include the name and
			 dosage of each medication and the time or event at which the medication is to
			 be self-administered. Facility staff may remind residents to take medications
			 or inquire as to whether medications were taken.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-206 - Dietary services

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Provision of dietary services. The administrator or operator of each assisted
			 living facility or residential health care facility shall ensure the provision
			 or coordination of dietary services to residents as identified in each
			 resident's negotiated service agreement. If the administrator or operator of
			 the facility establishes a contract with another entity to provide or
			 coordinate the provision of dietary services to the residents, the
			 administrator or operator shall ensure that entity's compliance with these
			 regulations.
(b) Staff. The
			 supervisory responsibility for dietetic services shall be assigned to one
			 employee.
(1) A dietetic services supervisor
			 or licensed dietician shall provide scheduled on-site supervision in each
			 facility with 11 or more residents.
(2) If a resident's negotiated service
			 agreement includes the provision of a therapeutic diet, mechanically altered
			 diet, or thickened consistency of liquids, a medical care provider's order
			 shall be on file in the resident's clinical record, and the diet or liquids, or
			 both, shall be prepared according to instructions from a medical care provider
			 or licensed dietitian.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 41 - ASSISTED LIVING FACILITIES AND RESIDENTIAL HEALTH CARE FACILITIES › Section 26-41-207 - Infection control

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each assisted living facility or residential
			 health care facility shall ensure the provision of a safe, sanitary, and
			 comfortable environment for residents.
(b) Each administrator or operator shall
			 ensure the development of policies and implementation of procedures to prevent
			 the spread of infections. These policies and procedures shall include the
			 following requirements:
(1) Using universal
			 precautions to prevent the spread of blood-borne pathogens;
(2) techniques to ensure that hand hygiene
			 meets professional health care standards;
(3) techniques to ensure that the laundering
			 and handling of soiled and clean linens meet professional health care
			 standards;
(4) providing sanitary
			 conditions for food service;
(5)
			 prohibiting any employee with a communicable disease or any infected skin
			 lesions from coming in direct contact with any resident, any resident's food,
			 or resident care equipment until the condition is no longer
			 infectious;
(6) providing
			 orientation to new employees and employee in-service education at least
			 annually on the control of infections in a health care setting; and
(7) transferring a resident with an
			 infectious disease to an appropriate health care facility if the administrator
			 or operator is unable to provide the isolation precautions necessary to protect
			 the health of other residents.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-101 - Administration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Administrator
			 and operator responsibilities. The administrator or operator of each home plus
			 ("home") shall ensure that the home is operated in a manner so that each
			 resident receives care and services in accordance with each resident's
			 functional capacity screening and negotiated service agreement.
(b) Administrator and operator criteria. Each
			 licensee shall appoint an administrator or operator who meets the following
			 criteria:
(1) Is at least 21 years of
			 age;
(2) possesses a high school
			 diploma or the equivalent;
(3)
			 holds a Kansas license as an adult care home administrator or has successfully
			 completed an operator training course and passed the test approved by the
			 secretary of Kansas department of heath and environment pursuant to
			 K.S.A.
			 39-923 and amendments thereto; and
(4) has authority and responsibility for the
			 operation of the home and compliance with licensing requirements.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-102 - Staff qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the provision of a
			 sufficient number of qualified personnel to provide each resident with services
			 and care in accordance with that resident's functional capacity screening,
			 health care service plan, and negotiated service agreement.
(b) Direct care staff or licensed nursing
			 staff shall be in attendance and responsive at all times.
(c) A registered professional nurse shall be
			 available to provide supervision to licensed practical nurses, pursuant to
			 K.S.A.
			 65-1113 and amendments thereto.
(d) The employee records and agency staff
			 records shall contain the following information:
(1) Evidence of licensure, registration,
			 certification, or a certificate of successful completion of a training course
			 for each employee performing a function that requires specialized education or
			 training;
(2) supporting
			 documentation for criminal background checks of facility staff and contract
			 staff, excluding any staff licensed or registered by a state agency, pursuant
			 to K.S.A.
			 39-970 and amendments thereto;
(3) supporting documentation from the Kansas
			 nurse aide registry that the individual does not have a finding of having
			 abused, neglected, or exploited a resident in an adult care home; and
(4) supporting documentation that the
			 individual does not have a finding of having abused, neglected, or exploited
			 any resident in an adult care home, from the nurse aide registry in each state
			 in which the individual has been known to work as a certified nurse
			 aide.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-103 - Staff development

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the provision of
			 orientation to new employees and regular in-service education for all employees
			 to ensure that the services provided assist residents to attain and maintain
			 their individuality, autonomy, dignity, independence, and ability to make
			 choices in a home environment.
(b)
			 The topics for orientation and in-service education shall include the
			 following:
(1) Fire prevention and
			 safety;
(2) disaster
			 procedures;
(3) accident
			 prevention;
(4) resident
			 rights;
(5) infection control;
			 and
(6) prevention of abuse,
			 neglect, and exploitation of residents.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-104 - Disaster and emergency preparedness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The administrator or operator of each
			 home plus shall ensure the provision of a sufficient number of staff members to
			 take residents who would require assistance in an emergency or disaster to a
			 secure location.
(b) Each
			 administrator or operator shall ensure the development of a detailed written
			 emergency management plan to manage potential emergencies and disasters,
			 including the following:
(1) Fire;
(2) flood;
(3) severe weather;
(4) tornado;
(5) explosion;
(6) natural gas leak;
(7) lack of electrical or water
			 service;
(8) missing residents;
			 and
(9) any other potential
			 emergency situations.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-105 - Resident records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the maintenance of a
			 record for each resident in accordance with accepted professional standards and
			 practices.
(1) Designated staff shall maintain
			 the record of each discharged resident who is 18 years of age or older for at
			 least five years after the discharge of the resident.
(2) Designated staff shall maintain the
			 record of each discharged resident who is less than 18 years of age for at
			 least five years after the resident reaches 18 years of age or at least five
			 years after the date of discharge, whichever time period is longer.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-200 - Resident criteria

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the development and
			 implementation of written admission, transfer, and discharge policies that
			 protect the rights of each resident, pursuant to K.A.R. 26-39-102. In addition,
			 the administrator or operator shall ensure that any resident who has one or
			 more of the following conditions is not admitted or retained unless the
			 negotiated service agreement includes services sufficient to meet the needs of
			 the resident:
(1) Incontinence, if the
			 resident cannot or will not participate in management of the problem;
(2) immobility, if the resident is totally
			 dependent on another person's assistance to exit the building;
(3) any ongoing condition requiring two or
			 more persons to physically assist the resident;
(4) any ongoing, skilled nursing intervention
			 needed 24 hours a day; or
(5) any
			 behavioral symptom that exceeds manageability.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-201 - Resident functional capacity screening

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On or before each individual's admission
			 to a home plus, a licensed nurse, a licensed social worker, or the
			 administrator or operator shall conduct a screening to determine the
			 individual's functional capacity and shall record all findings on a screening
			 form specified by the department. The administrator or operator may integrate
			 the department's screening form into a form developed by the home, which shall
			 include each element and definition specified by the department.
(b) A licensed nurse shall assess any
			 resident whose functional capacity screening indicates the need for health care
			 services.
(c) Designated staff
			 shall conduct a screening to determine each resident's functional capacity
			 according to the following requirements:
(1)
			 At least once every 365 days;
(2)
			 following any significant change in condition as defined in K.A.R. 26-39-100;
			 and
(3) at least quarterly if the
			 resident receives assistance with eating from a paid nutrition
			 assistant.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-202 - Negotiated service agreement

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The administrator or operator of each home plus shall ensure the development of
			 a written negotiated service agreement for each resident, based on the
			 resident's functional capacity screening, service needs, and preferences, in
			 collaboration with the resident or the resident's legal representative, the
			 case manager, and, if agreed to by the resident or the resident's legal
			 representative, the resident's family. The negotiated service agreement shall
			 provide the following information:
(1) A
			 description of the services the resident will receive;
(2) identification of the provider of each
			 service; and
(3) identification of
			 each party responsible for payment if outside resources provide a
			 service.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-203 - General services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Range
			 of services. The administrator or operator of each home plus shall ensure the
			 provision or coordination of the range of services specified in each resident's
			 negotiated service agreement. The range of services may include the following:
(1) Daily meal service based on each
			 resident's needs;
(2) health care
			 services based on an assessment by a licensed nurse and in accordance with
			 K.A.R. 26-42-204;
(3) housekeeping
			 services essential for the health, comfort, and safety of each
			 resident;
(4) medical, dental, and
			 social transportation;
(5) planned
			 group and individual activities that meet the needs and interests of each
			 resident; and
(6) other services
			 necessary to support the health and safety of each resident.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-204 - Health care services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator in each home plus shall ensure that a licensed nurse
			 provides or coordinates the provision of necessary health care services that
			 meet the needs of each resident and are in accordance with the functional
			 capacity screening and the negotiated service agreement.
(b) If the functional capacity screening
			 indicates that a resident is in need of health care services, a licensed nurse,
			 in collaboration with the resident, the resident's legal representative, the
			 case manager, and, if agreed to by the resident or resident's legal
			 representative, the resident's family, shall develop a health care service plan
			 to be included as part of the negotiated service agreement.
(c) The health care services provided by or
			 coordinated by a licensed nurse may include the following:
(1) Personal care provided by direct care
			 staff or by certified or licensed nursing staff employed by a home health
			 agency or a hospice;
(2) personal
			 care provided gratuitously by friends or family members; and
(3) supervised nursing care provided by, or
			 under the guidance of, a licensed nurse.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-205 - Medication management

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Self-administration of medication. Any resident may self-administer and manage
			 medications independently or by using a medication container or syringe
			 prefilled by a licensed nurse or pharmacist or by a family member or friend
			 providing this service gratuitously, if a licensed nurse has performed an
			 assessment and determined that the resident can perform this function safely
			 and accurately without staff assistance.
(1)
			 An assessment shall be completed before the resident initially begins
			 self-administration of medication, if the resident experiences a significant
			 change of condition, and annually.
(2) Each assessment shall include an
			 evaluation of the resident's physical, cognitive, and functional ability to
			 safely and accurately self-administer and manage medications independently or
			 by using a prefilled medication container or prefilled syringe.
(3) The resident's clinical record shall
			 contain documentation of the assessment and the determination.
(4) If a resident self-administers medication
			 with a pre-filled medication container or syringe, the prefilled medication
			 container or syringe shall have a label with the resident's name and the date
			 the container or syringe was prefilled. The label, or a medication
			 administration record provided to the resident, shall also include the name and
			 dosage of each medication and the time or event at which the medication is to
			 be self-administered. Facility staff may remind residents to take medications
			 or inquire as to whether medications were taken.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-206 - Dietary services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the provision or
			 coordination of dietary services to residents as identified in each resident's
			 negotiated service agreement.
(b)
			 The supervisory responsibility for dietetic services shall be assigned to one
			 employee.
(c) If a resident's
			 negotiated service agreement includes the provision of a therapeutic diet,
			 mechanically altered diet, or thickened consistency of liquids, a medical care
			 provider's order shall be on file in the resident's clinical record, and the
			 diet or liquids, or both, shall be prepared according to instructions from a
			 medical care provider or licensed dietitian.
(d) The menus shall be planned in advance and
			 in accordance with the dietary guidelines adopted by reference in K.A.R.
			 26-39-105.
(1) Menu plans shall be available
			 to each resident on at least a weekly basis.
(2) A method shall be established to
			 incorporate input by residents in the selection of food to be served and
			 scheduling of meal service.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 42 - HOMES PLUS › Section 26-42-207 - Infection control

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each home plus shall ensure the provision of a
			 safe, sanitary, and comfortable environment for residents.
(b) Each administrator or operator shall
			 ensure the development of policies and implementation of procedures to prevent
			 the spread of infections. These policies and procedures shall include the
			 following requirements:
(1) Using universal
			 precautions to prevent the spread of blood-borne pathogens;
(2) techniques to ensure that hand hygiene
			 meets professional health care standards;
(3) techniques to ensure that the laundering
			 and handling of soiled and clean linens meet professional health care
			 standards;
(4) providing sanitary
			 conditions for food service;
(5)
			 prohibiting any employee with a communicable disease or any infected skin
			 lesions from coming in direct contact with any resident, any resident's food,
			 or resident care equipment until the condition is no longer
			 infectious;
(6) providing
			 orientation to new employees and employee in-service education at least
			 annually on the control of infections in a health care setting; and
(7) transferring a resident with an
			 infectious disease to an appropriate health care facility if the administrator
			 or operator is unable to provide the isolation precautions necessary to protect
			 the health of other residents.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-101 - Administration

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Administrator
			 and operator responsibilities. The administrator or operator of each adult day
			 care facility ("facility") shall ensure that the facility is operated in a
			 manner so that each resident receives care and services in accordance with each
			 resident's functional capacity screening and negotiated service
			 agreement.
(b) Administrator and
			 operator criteria. Each licensee shall appoint an administrator or operator who
			 meets the following criteria:
(1) Is at least
			 21 years of age;
(2) possesses a
			 high school diploma or the equivalent;
(3) holds a Kansas license as an adult care
			 home administrator or has successfully completed an operator training course
			 and passed the test approved by the secretary of Kansas department of heath and
			 environment pursuant to
			 K.S.A.
			 39-923 and amendments thereto; and
(4) has authority and responsibility for the
			 operation of the facility and compliance with licensing requirements.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-102 - Staff qualifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 provision of a sufficient number of qualified personnel to provide each
			 resident with services and care in accordance with that resident's functional
			 capacity screening, health care service plan, and negotiated service
			 agreement.
(b) Direct care staff or
			 licensed nursing staff shall be in attendance and responsive at all
			 times.
(c) A registered
			 professional nurse shall be available to provide supervision to licensed
			 practical nurses, pursuant to
			 K.S.A.
			 65-1113 and amendments thereto.
(d) The employee records and agency staff
			 records shall contain the following documentation:
(1) Evidence of licensure, registration,
			 certification, or a certificate of successful completion of a training course
			 for each employee performing a function that requires specialized education or
			 training;
(2) supporting
			 documentation for criminal background checks of facility staff and contract
			 staff, excluding any staff licensed or registered by a state agency, pursuant
			 to K.S.A.
			 39-970 and amendments thereto;
(3) supporting documentation from the Kansas
			 nurse aide registry that the individual does not have a finding of having
			 abused, neglected, or exploited a resident in an adult care home; and
(4) supporting documentation that the
			 individual does not have a finding of having abused, neglected, or exploited
			 any resident in an adult care home, from the nurse aide registry in each state
			 in which the individual has been known to work.
Kansas Administrative Regulations › Agency 26 - KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES › Article 43 - ADULT DAY CARE FACILITIES › Section 26-43-103 - Staff development

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 administrator or operator of each adult day care facility shall ensure the
			 provision of orientation to new employees and regular in-service education for
			 all employees to ensure that the services provided assist residents to attain
			 and maintain their individuality, autonomy, dignity, independence, and ability
			 to make choices in a home environment.
(b) The topics for orientation and in-service
			 education shall include the following:
(1)
			 Principles of adult day care;
(2)
			 fire prevention and safety;
(3)
			 disaster procedures;
(4) accident
			 prevention;
(5) resident
			 rights;
(6) infection control;
			 and
(7) prevention of abuse,
			 neglect, and exploitation of residents.