Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-6 - Licensing procedure; compliance surveys; duration and renewal of license; provisional license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency or
			 licensee desiring a new or renewed license as a "community mental health
			 center" or an "affiliated community mental health center" shall submit an
			 application for that license, or for renewal of its license, to the secretary
			 in the format prescribed by the division. Each application for renewal of a
			 license shall be submitted at least 45 days before the expiration of the
			 current license. This requirement may be waived by the secretary upon a showing
			 of good cause. If a waiver is granted, a reasonable deadline may be established
			 by the secretary for submittal of the required renewal application.
(b) Upon receipt of an application for a
			 license or for renewal of a license, a survey of the applicant agency or
			 licensee may be conducted by the division to determine whether the applicant
			 agency or licensee is in compliance with the applicable requirements of this
			 article or can be expected to be in compliance with the applicable requirements
			 of this article during the term of the requested license.
(c) At any time deemed appropriate by the
			 division, a licensee may be formally resurveyed by the division to determine
			 whether the licensee continues to be in compliance with the requirements of
			 this article. No prior notice by the division of its intent to conduct a
			 continuing compliance survey shall be required to be given to a licensee.
			 Neither technical assistance provided to a licensee nor ongoing monitoring of a
			 licensee's programs and services by any employee of the division assigned by
			 the department to perform quality assurance duties shall be construed to
			 constitute a formal resurvey for compliance under this subsection. However, if
			 an employee of the division observes any evidence of noncompliance with the
			 requirements of this article by a licensee, a compliance resurvey under this
			 subsection may be instituted.
(d)
			 Following any initial, renewal, or continuing compliance survey, the applicant
			 agency or licensee shall be notified of the division's findings in writing. Any
			 applicant agency or licensee that disagrees with any finding of the division
			 that the applicant agency or licensee is not in compliance with an applicable
			 requirement of this article may submit, in writing and within 15 days of
			 receipt of the division's survey findings, any arguments and supporting
			 documents that the applicant agency or licensee wishes the division to
			 consider. These written materials shall become a part of the record concerning
			 the agency's application for a license or application for renewal of its
			 license. Based upon these materials, a determination may be made by the
			 division to resurvey the applicant agency or licensee or to revise the
			 division's survey findings. If a resurvey or revision of the division's
			 findings is made, the applicant agency or licensee shall be notified of the
			 division's new findings, in writing.
(e) Upon receipt of an application for a
			 license or for renewal of a license, or following any initial, renewal, or
			 continuing compliance survey, a recommendation for the issuance of a
			 provisional license to begin or continue operations by an applicant agency or
			 licensee may be made to the secretary by the division. Each provisional license
			 issued shall include the requirement that the applicant agency or licensee
			 develop, submit, and implement a plan of corrective action to bring the
			 applicant agency or licensee into compliance with the applicable requirements
			 of this article.
(1) This plan of corrective
			 action shall be submitted to the division within 30 days following receipt by
			 the applicant agency or licensee of the division's written request for a plan
			 of corrective action.
(2) The plan
			 of corrective action shall be reviewed by the division to determine the
			 following:
(A) Whether the plan adequately
			 addresses all of the areas of noncompliance cited in the division's survey
			 report; and
(B) whether a
			 follow-up resurvey is necessary to determine that the plan has been fully
			 implemented and that the applicant agency or licensee is in compliance with the
			 applicable requirements of this article. No prior notice by the division of its
			 intent to conduct a resurvey shall be required to be given to the applicant
			 agency or licensee.
(3)
			 The division's findings from any follow-up resurvey shall be provided to the
			 applicant agency or licensee, in writing, and may include a recommendation to
			 the secretary that a license be issued, that the application be denied, that a
			 license be revoked, or that further corrective action be taken by the applicant
			 agency or licensee.
(4) Failure of
			 an applicant agency or licensee to submit or to fully implement an acceptable
			 plan of corrective action may be grounds for denial or revocation of a license,
			 regardless of whether or not a provisional license has been recommended or
			 issued.