reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-55 - Quality improvement program; records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall adopt and adhere to written policies and procedures that provide for a
			 comprehensive quality improvement program designed to continually measure,
			 assess, and improve the quality of the services that are provided by the
			 center, any affiliated center, or any other provider with which the center has
			 an affiliation agreement. These policies and procedures shall require the
			 following:
(1) An ongoing means by which the
			 program measures the degree of consumer satisfaction with the services, from
			 consumers who are currently being or who have recently been provided these
			 services by the center, any affiliated center, or any other provider with which
			 the center has an affiliation agreement;
(2) an ongoing means of furnishing feedback
			 to the staff that provides those services with regard to each consumer's
			 satisfaction or dissatisfaction; and
(3) procedures that ensure that information
			 gathered or generated by the center's risk management program, required by
			 K.A.R. 30-60-56, and the center's utilization management program, required by
			 K.A.R. 30-60-57, is available to and utilized by the center's quality
			 improvement program.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-56 - Risk management program; records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall adopt and adhere to written policies and procedures that provide for a
			 comprehensive risk management program designed to review and evaluate clinical
			 and administrative activities for the following purposes:
(1) Identifying and analyzing incidents that
			 present a risk of harm to consumers, staff, and other individuals, including
			 the public at large, or a risk of financial loss to the center or to any
			 affiliated center or other provider with which the center has an affiliation
			 agreement; and
(2) determining
			 actions that might reduce the risks specified in paragraph (a)(1).
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-57 - Utilization review program; records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall adopt and adhere to written policies and procedures that provide for a
			 comprehensive utilization review program designed to facilitate the delivery of
			 high-quality, cost-effective, appropriate services by the center and by each
			 affiliated provider with which the center has an affiliation agreement.
(b) The policies and procedures
			 specified in subsection (a) shall include the following:
(1) A means to ensure monitoring of the usage
			 of the services of the center and of each affiliated provider with which the
			 center has an affiliation agreement;
(2) a means to determine whether
			 inappropriate or unnecessary services are being provided to any consumer; and
(3) a means to determine whether
			 appropriate or necessary services have not been provided to any consumer.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-62 - Basic service delivery standards; service components

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each licensee
			 shall provide all services in a manner consistent with the following basic
			 service delivery standards. Each service provided by a licensee shall include
			 the following components:
(1) An initial
			 assessment, which shall meet the following criteria:
(A) Be performed by adequately trained and
			 professionally qualified staff; and
(B) be completed and documented within 14
			 days of a consumer's initial intake to record the following:
(i) All of the presenting problems or
			 requests made by that consumer;
(ii) all pertinent history that can be
			 gathered;
(iii) the consumer's
			 present mental status;
(iv) a
			 provisional diagnosis, as applicable;
(v) any strengths or preferences of the
			 consumer that are disclosed or are discernable; and
(vi) the primary intervention provided or
			 disposition made, or both, including a preliminary individualized treatment
			 plan;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-63 - Timeliness of response; requirements; documentation when unable to comply; referral to quality improvement program

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall respond to every contact or request for services by first determining, in
			 a manner that is consistent with applicable clinical practices, whether or not
			 that initial request constitutes an emergency.
(b) If the initial request is determined to
			 be an emergency, all services that are required by K.A.R. 30-60-64 to be
			 provided by a center shall be provided immediately as necessary to resolve the
			 emergency. After the emergency has been resolved, if the consumer is not
			 detained for inpatient care and treatment, that consumer shall be scheduled for
			 a follow-up appointment and provided any necessary and appropriate services
			 consistent with the requirements of this regulation.
(c) If the initial request is determined to
			 be an urgent matter or a routine matter, the consumer shall be scheduled for an
			 appointment with the appropriate staff within a timely period after that
			 initial contact.
(d) After a
			 consumer's first appointment, the center shall begin providing any necessary
			 and appropriate services to that consumer within a timely period.
(e) If a center is unable to comply with the
			 requirements of this regulation, the appropriate staff member shall document in
			 the consumer's clinical record, as required by K.A.R. 30-60-46, the reason or
			 reasons why the center was unable to comply with the requirements of this
			 regulation. The staff member shall report the same information to the center's
			 quality improvement program required by K.A.R. 30-60-55.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-64 - Required basic community support services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall provide as appropriate, through the center, a contractor, or any
			 affiliated center or other provider with which the center has an affiliation
			 agreement, each of the following basic community support services:
(1) Orientation services, including a means
			 by which any person can discover, or become oriented to the center or its
			 contractors or affiliated providers, through information concerning the
			 following:
(A) What services are offered by
			 the center, its contractors, its affiliated centers, or any other affiliates,
			 and how to access those services, in a manner consistent with the requirements
			 of K.A.R. 30-60-15;
(B) what the
			 requirements or expectations are for each service offered, whether to qualify
			 for or to continue to receive those services;
(C) what fees are charged for any service,
			 and under what circumstances those fees may be adjusted, as required by K.A.R.
			 30-60-17; and
(D) what rights a
			 consumer has, in a manner consistent with the requirements of K.A.R. 30-60-50;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-70 - Optional services

Current through Register Vol. 43, No. 28, July 11, 2024
The services specified in
				K.A.R.
				30-60-71 through
				K.A.R.
				30-60-76 shall be deemed optional services
				that a licensee may choose to offer directly or through a contractor. If a
				licensee elects to provide any or all of these services, the licensee, or its
				contractor, shall comply with the provisions of the applicable regulations.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-71 - Alcohol and substance abuse services

Current through Register Vol. 43, No. 28, July 11, 2024
If a licensee provides, directly or through a contractor,
				specialized alcohol or substance abuse services, these services shall meet the
				following conditions:
(a) Be
			 separately licensed or certified as required by the department;
(b) be provided by appropriately trained or
			 professionally qualified staff; and
(c) be administered in accordance with
			 written policies and procedures adopted by the licensee.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-72 - Acute care services

Current through Register Vol. 43, No. 28, July 11, 2024
If a center provides, directly or through a contractor,
				services consisting of inpatient care and treatment that is more intensive than
				outpatient treatment, in a facility or unit that is separately licensed by this
				department as a psychiatric hospital or by the Kansas department of health and
				environment as a general hospital, but that is operated by the licensee, these
				services shall meet the following conditions:
(a) Be provided in the least restrictive
			 manner appropriate, following generally accepted clinical standards of
			 practice;
(b) provide both medical
			 and nursing services as each consumer's care requires;
(c) be provided by appropriately trained or
			 professionally qualified staff; and
(d) be administered in accordance with
			 written policies and procedures adopted by the licensee.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-73 - Partial or day hospitalization services

Current through Register Vol. 43, No. 28, July 11, 2024
If a licensee provides, directly or through a contractor,
				partial or day hospitalization services, these services shall meet the
				following conditions:
(a) Be provided
			 in compliance with the requirements of the department's medicaid regulations;
(b) be provided by appropriately
			 trained or professionally qualified staff; and
(c) be administered in accordance with
			 written policies and procedures adopted by the licensee.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-74 - Residential treatment services

Current through Register Vol. 43, No. 28, July 11, 2024
If a licensee provides, directly or through a contractor,
				residential treatment services at a facility other than in a consumer's own
				home, these services shall meet the following conditions:
(a) Be separately inspected or licensed as
			 required by the Kansas department of health and environment, or by this
			 division or any other division within this department, if applicable;
(b) be provided in accordance with
			 an individualized plan developed for each consumer provided with any
			 residential treatment services, which shall be developed with the participation
			 of that consumer and, when appropriate, members of the immediate family of that
			 consumer or other individuals designated by that consumer. This plan shall be
			 based on an assessment of the level of supervision and support necessary for
			 that consumer to be able to function in the least restrictive setting possible;
(c) be provided by appropriately
			 trained or professionally qualified staff; and
(d) be administered in accordance with
			 written policies and procedures adopted by the licensee. These policies and
			 procedures shall require that the facility be maintained in a manner that meets
			 any applicable state or local fire or safety code.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-76 - Research programs

Current through Register Vol. 43, No. 28, July 11, 2024
If a licensee conducts research programs utilizing human
				subjects, directly through research being conducted by the staff of the
				licensee or of a contractor, these programs shall meet the following
				conditions:
(a) Be strictly conducted
			 under written policies and procedures adopted by the licensee and developed
			 specifically for each research project;
(b) require review of any proposed project by
			 a specifically established committee of appropriately selected professionals
			 before the initiation of the research;
(c) be conducted only on subjects who are
			 capable of and who have given written, informed consent to be the subject of a
			 specific research project; and
(d)
			 strictly adhere to any applicable professional standards regarding the
			 conducting of research, as well as all applicable federal and state laws and
			 regulations.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-1 - Scope

Current through Register Vol. 43, No. 28, July 11, 2024
The regulations in this article shall apply to each community
				mental health center licensed by the secretary in accordance with article 60
				that desires to enter into a contract with the secretary pursuant to the
				"mental health reform act,"
				K.S.A.
				39-1601 et seq., and amendments thereto, for
				the purposes of being a participating community mental health center.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
Words and phrases used in this article but not defined in this
				regulation shall have the same meanings as they are defined to have in the
				"care and treatment act for mentally ill persons,"
				K.S.A.
				59-2945 et seq., and amendments thereto, in
				the "mental health reform act,"
				K.S.A.
				39-1601 et seq., and amendments thereto, or
				in K.A.R.
				30-60-2.
(a) "Community mental health center" and
			 "center" mean a community mental health center that is organized pursuant to
			 K.S.A.
			 19-4001 et seq., and amendments thereto, or
			 K.S.A.
			 65-211 et seq., and amendments thereto, and
			 that is licensed by the secretary in accordance with article 60. These terms
			 shall not include any community mental health center licensed by the secretary
			 in accordance with article 60 and meeting the exception specified in
			 K.S.A.
			 75-3307b(b) and amendments
			 thereto.
(b) "Participating
			 community mental health center" means a community mental health center, as
			 defined in this regulation, that has entered into a contract with the secretary
			 in accordance with this article.
(c)
(1)
			 "Target population" means any of the following categories of consumers:
(A) Adults with a severe and persistent
			 mental illness;
(B) children or
			 adolescents with a severe emotional disturbance; or
(C) other individuals at risk of requiring
			 institutional care because of a mental illness.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-5 - Annual contracts; application; plan for compliance; term

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each community
			 mental health center desiring to become the participating community mental
			 health center for its service area shall apply to the secretary for a contract
			 on an annual basis at the time and in the manner that shall be announced by the
			 secretary.
(b) Each center that
			 desires to become a participating community mental health center may be
			 required by the secretary to submit to the division, in addition to the
			 center's application for a contract, a plan detailing how the center will come
			 into and stay in compliance with the applicable requirements of this article if
			 the center has not before been in compliance. This plan shall be reviewed by
			 the division. A recommendation shall be made by the division to the secretary
			 concerning whether a contract should be awarded or denied.
(c) If the parties agree to a contract, the
			 term during which the center is considered to be a participating mental health
			 center shall be specified in the contract. During the term in which the center
			 is considered to be a participating community mental health center, the center
			 shall provide the additional services required to be provided by this article
			 or by the contract.
(d) A center
			 shall have no obligation to be a participating community mental health center,
			 or to be in compliance with the requirements of this article, beyond the term
			 specified in the contract if the center does not subsequently contract with the
			 secretary to be a participating community mental health center.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-6 - Preference for licensed service area center; secretary's right to contract with another licensed center

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Preference
			 shall be given to the community mental health center in each service area to
			 enter into a contract with the secretary to become the participating community
			 mental health center for that area.
(b) The secretary shall have the right to
			 contract with another center to provide the services of a participating
			 community mental health center to that service area if any of the following
			 conditions is met:
(1) The center fails to
			 timely enter into a contract to become a participating community mental health
			 center.
(2) The center is
			 unwilling to enter into a contract to provide all of the required services of a
			 participating community mental health center.
(3) The secretary determines that the center
			 is unable or has failed in the past to adequately provide all of the required
			 services of a participating community mental health center.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-10 - Screening and gatekeeping services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 participating community mental health center shall provide, when necessary or
			 when requested and necessary, to any person found within the service area of
			 the center, screening services to determine whether either of the following
			 applies:
(1) The person can be evaluated or
			 treated by community services.
(2)
			 The person needs to be admitted to the designated state psychiatric hospital
			 for evaluation or treatment, or both.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-11 - Liaison services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 participating community mental health center shall designate staff who shall
			 perform the following:
(1) Regularly visit at
			 the hospital with every person admitted to a state psychiatric hospital from
			 the service area of the center, whether on a voluntary or involuntary basis;
(2) participate in the discharge
			 planning of each person admitted to a state psychiatric hospital from the
			 service area of the center in order to facilitate the return of that person to
			 the community;
(3) be empowered by
			 the center to commit the center to specified services upon the discharge and
			 return to the community of any person admitted to a state psychiatric hospital
			 from the service area of the center; and
(4) coordinate the treatment provided at the
			 state psychiatric hospital with the treatment provided by either the center or
			 any affiliated provider with which the center has an affiliation agreement.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 61 - PARTICIPATING COMMUNITY MENTAL HEALTH CENTERS › Section 30-61-15 - Enhanced community support services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 participating community mental health center shall provide directly, or through
			 a contractor, an affiliated center, or any other provider with which the center
			 has an affiliation agreement, enhanced community support services in extension
			 of the services required to be provided by K.A.R. 30-60-64, including the
			 following:
(1) Outreach services designed to
			 achieve the following:
(A) Identify and
			 locate persons in the target population, particularly persons who do not often
			 seek mental health services in traditional ways;
(B) encourage these persons to utilize the
			 services of the center, its affiliated centers, or other affiliates; and
(C) offer special assistance to
			 these persons, as required, in order to enable them to utilize the services of
			 the center, its affiliated centers, or other affiliates;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Words and
			 phrases used in this article shall have the same meanings as set forth in
			 K.S.A.
			 39-1803, and amendments thereto. In addition,
			 the following terms shall have the meaning ascribed to them in this regulation.
(1) "Agent" means any individual utilized by
			 a provider to carry out any activity done by that provider, whether being paid
			 or serving as a volunteer.
(2)
			 "Commissioner" means the commissioner of mental health and developmental
			 disabilities.
(3) "Commission"
			 means the division of mental health and developmental disabilities within the
			 department of social and rehabilitation services.
(4) "Department" means the department of
			 social and rehabilitation services.
(5) "Person" means an individual with a
			 developmental disability.
(6)
			 "Provider" means a community services provider or any other entity required to
			 be licensed pursuant to this article.
(7) "Services" means community services.
(8) "Support network" means the
			 one or more individuals selected by a person or by the person and the person's
			 guardian, if one has been appointed, to provide assistance and guidance to that
			 person in understanding issues, making plans for the future, or making complex
			 decisions.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-11 - Two types of license; display

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Two
			 types of license may be issued by the secretary pursuant to this article to
			 operate as a provider. One type shall be a "full license," and the other type
			 shall be a "limited license." Both types of license may be issued on a
			 "temporary" or on a "with requirements" basis as specified in K.A.R.
			 30-63-12.
(b) Both licenses issued
			 pursuant to this article shall be prepared by the commission.
(c) Each holder of a license shall
			 prominently display the license in the holder's principal place of
			 business.
(d) A full license shall
			 apply to all providers except those providers specified in subsection
			 (e).
(e) A "limited license" shall
			 apply to providers who provide services only to either one or two specified
			 persons to whom the provider is related or with whom the provider has a
			 preexisting relationship. The services shall be provided in the home of the
			 person being served. A provider operating with a limited license shall be
			 afforded greater flexibility in the means by which that provider is required to
			 comply with all of the requirements of this article if the services are
			 provided in a manner that protects the health, safety, and welfare of the
			 specific person being served, as determined by the commission.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-12 - Licensing procedure; requirements; duration of license

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each provider required to be licensed
			 pursuant to this article shall submit an application for an appropriate license
			 to the commissioner, on a form provided by the commission.
(b) For a full license, each applicant shall
			 provide the following:
(1) Certification that
			 the applicant's chief director of services, regardless of title, is qualified
			 to develop and modify, if appropriate, a program of individualized services to
			 be provided to persons as defined in K.A.R. 30-63- 1, as evidenced by that
			 individual's having either of the following:
(A) A bachelor's or higher degree in a field
			 of human services awarded by an accredited college or university; or
(B) work experience in the area of human
			 services at the rate of 1,040 hours of paid work experience substituted for a
			 semester of higher education, which shall mean 15 undergraduate credit
			 hours,with at least eight full-time semester's worth of either satisfactorily
			 passed education or work experience;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-13 - Compliance reviews; mediation; enforcement actions; emergency orders

Current through Register Vol. 43, No. 28, July 11, 2024
(a) At any time
			 deemed necessary by the commissioner, a licensed provider may be reviewed by
			 the commission to ensure continuing compliance with the requirements of this
			 article.
(b) If a finding
			 indicates that the licensed provider is not in compliance, the provider shall
			 be given by the commissioner a written copy of the finding setting out each
			 specific deficiency and a notice of the provider's right to seek mediation of
			 any dispute regarding the finding.
(c) If the provider disagrees with any
			 finding made by the commission, the provider may request mediation, in writing,
			 within 14 days of receipt of the finding. An independent entity shall be
			 selected by the commissioner and the provider to serve as the mediator, unless
			 the parties are not able to agree upon a mediator, in which case an independent
			 mediator shall be designated by the secretary. The mediator shall assist the
			 parties in attempting to come to an agreement on the following:
(1) The nature and extent of any
			 noncompliance;
(2) any course of
			 corrective actions necessary to bring the provider into compliance; and
(3) a time limit within which the
			 provider shall have to come into compliance.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-14 - Revocation of a license; suspension

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any license
			 issued pursuant to this article may be suspended or revoked before the
			 expiration date for failure of the provider to comply with the requirements of
			 this article.
(b) A provider's
			 license may be suspended during the revocation proceedings only upon a
			 determination by the commissioner that the continued operation of the provider
			 during the revocation proceedings would constitute an imminent danger to the
			 health, safety or welfare of any person or persons who would be receiving
			 services from the provider during the revocation proceedings. This
			 determination shall be made in writing and clearly state the reasons for it.
(c) Before revocation of a
			 provider's license, a written notice of the intent to revoke shall be sent to
			 the provider by registered mail, along with a copy of the commissioner's
			 determination to suspend the license during the revocation proceedings, if
			 applicable. The notice shall:
(1) specify the
			 date the license shall be revoked if an appeal is not timely taken;
(2) clearly state the reasons for the
			 revocation of the license;
(3)
			 instruct the provider to immediately cease providing services if the
			 commissioner has determined to suspend the license during the revocation
			 proceedings; and
(4) advise the
			 provider that the revocation may be appealed to the administrative appeals
			 section pursuant to article seven of these regulations, and that an appeal
			 shall stay the revocation, but shall not stay any suspension of the license
			 during the pendency of the appeal, except as may be provided for in any order
			 issued after an emergency hearing held as a result of a request made under
			 K.A.R. 30-63-13(f)(3).
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-20 - Mandated requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In order to be
			 eligible to be licensed as a provider, each applicant shall demonstrate that
			 the applicant either complies with or can comply with all applicable
			 requirements of this article and all applicable requirements of article 64.
(b) For good cause shown by an
			 applicant, or by any person being served or proposed to be served by that
			 applicant, one or more of the specific requirements of this article may be
			 waived by the commissioner, and some other requirement or requirements that may
			 be proposed by the applicant or person may be substituted by the commissioner,
			 if the waiver or substitution would neither jeopardize the health, safety, or
			 well-being of any person or persons served or proposed to be served by the
			 applicant, nor substantially deviate from meeting the intent or purpose of the
			 requirement or requirements being waived.
(c) Attainment of national accreditation by
			 an applicant from an organization that evaluates and accredits providers of
			 mental retardation or developmental disabilities services, or the
			 recommendation of a local CDDO's quality assurance committee, shall be
			 considered by the commissioner in determining compliance by the applicant with
			 any one or more of the requirements of this article.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-21 - Person-centered support planning; implementation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The provider
			 shall prepare a written person-centered support plan for each person served
			 that shall meet these requirements:
(1) Be
			 developed only after consultation with the following:
(A) The person;
(B) the person's legal guardian, if one has
			 been appointed; and
(C) other
			 individuals from the person's support network as the person or the person's
			 guardian chooses;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-22 - Individual rights and responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each provider
			 shall at all times encourage and assist each person served to understand and
			 exercise the person's individual rights and to assume the responsibilities that
			 accompany these rights.
(b) Each
			 person served shall be guaranteed the same rights afforded to individuals
			 without disabilities. These rights may be limited only by provisions of law or
			 court order, including guardianship, conservatorship, power of attorney or
			 other judicial determination. These rights shall include the following:
(1) Being free from physical or psychological
			 abuse or neglect, and from financial exploitation;
(2) having control over the person's own
			 financial resources;
(3) being
			 able to receive, purchase, have, and use the person's personal property;
(4) actively and meaningfully
			 making decisions affecting the person's life;
(5) having privacy;
(6) being able to associate and communicate
			 publicly or privately with any person or group of people of the person's
			 choice;
(7) being able to practice
			 the religion or faith of the person's choice;
(8) being free from the inappropriate use of
			 a physical or chemical restraint, medication, or isolation as punishment, for
			 the convenience of a provider or agent, in conflict with a physician's orders
			 or as a substitute for treatment, except when physical restraint is in
			 furtherance of the health and safety of the person;
(9) not being required to work without
			 compensation, except when the person is living and being provided services
			 outside of the home of a member of the person's family, and then only for the
			 purposes of the upkeep of the person's own living space and of common living
			 areas and grounds that the person shares with others;
(10) being treated with dignity and respect;
(11) receiving due process; and
(12) having access to the person's
			 own records, including information about how the person's funding is accessed
			 and utilized and what services were billed for on the person's behalf.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-23 - Medications; restrictive interventions; behavioral management committee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A provider
			 shall take proactive and remedial actions to ensure appropriate, effective, and
			 informed use of medications and other restrictive interventions to manage
			 behavior or to treat diagnosed mental illness. These actions shall be taken
			 before the provider initiates the use of any medication or other restrictive
			 intervention to manage behavior, unless the needs of the person served clearly
			 dictate otherwise and the provider documents that need. Otherwise, these
			 actions shall be taken promptly following the initiation of, or any change in,
			 the use of any medication or other restrictive intervention to manage behavior
			 or to treat diagnosed mental illness.
(b) These proactive and remedial actions
			 shall include all the following:
(1)
			 Safeguards, which shall include initial and ongoing assessment and responsive
			 modifications that may be needed to ensure and document the following, in
			 consultation with the person, the person's guardian, and the person's support
			 network:
(A) All other potentially effective,
			 less restrictive alternatives have been tried and shown ineffective, or a
			 determination using best professional clinical practice indicates that less
			 restrictive alternatives would not likely be effective;
(B) positive behavior programming,
			 environmental modifications and accommodations, and effective services from the
			 provider are present in the person's life;
(C) voluntary, informed consent has been
			 obtained from the person or the person's guardian if one has been appointed,
			 after a review of the risks, benefits, and side effects, as to the use of any
			 restrictive interventions or medications; and
(D) medications are administered only as
			 prescribed, and no "PRN" (provided as needed) medications are utilized without
			 both the express consent of the person or the person's guardian if one has been
			 appointed, and per usage approval from the prescribing physician or another
			 health care professional designated by the person or the person's guardian if
			 one has been appointed;
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-24 - Individual health

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A provider
			 shall assist each person served, as necessary, in obtaining the medical and
			 dental services to which the person has access and that may be required to meet
			 the person's specific health care needs, including the following:
(1) Scheduling and receiving preventative
			 examinations and physicals;
(2)
			 practicing for obtaining emergency services;
(3) developing individualized procedures for
			 the administration of medications and other treatments, including training for
			 self-medication or administration; and
(4) obtaining necessary supports, including
			 adaptive equipment, and speech, hearing, physical, or occupational therapies,
			 as appropriate.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-25 - Nutrition assistance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except when a
			 provider is providing services to a person living in the home of a member of
			 that person's family, the provider shall assist each person served in obtaining
			 daily access to a well-balanced, nutritious diet consistent with the provisions
			 of K.A.R. 30-63-21 regarding opportunities of choice. If a person being served
			 lives in the home of a family member, a provider shall assist that person
			 similarly with any meals provided outside of that home setting.
(b) A provider that serves a person meals
			 shall serve each modified or special diet meal in a form consistent with both
			 the person's needs and desires and any medical directions with regard thereto.
(c) This regulation shall take
			 effect on and after October 1, 1998.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-26 - Staffing; abilities; staff health

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A provider
			 shall provide professional and direct service staff in numbers sufficient to
			 meet the support and service needs of each person being served.
(b) Each employee shall be able to perform
			 the employee's job duties before working without oversight by another trained
			 staff person.
(c) Each employee
			 shall consistently satisfactorily perform the employee's assigned job duties
			 throughout the term of the employee's employment.
(d) Staff who have been certified by a
			 recognized training agency to give CPR and first aid shall be available in
			 sufficient numbers whenever persons being provided services are present.
(e) All staff or consultants
			 representing themselves as professionals subject to national, state, or local
			 licensing, certification or accreditation standards shall be in compliance and
			 maintain compliance with those standards.
(f) Each staff member shall monitor the
			 member's personal health and avoid circumstances in which the member risks
			 exposing a person to whom the member is providing services to contagious
			 disease or other health endangerment.
(g) This regulation shall take effect on and
			 after July 1, 1996.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-27 - Emergency preparedness

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agent of
			 each provider shall be:
(1) trained in
			 general fire, safety and emergency procedures;
(2) trained and able to effectively and
			 efficiently evacuate any building within which the agent is providing services,
			 including knowing:
(A) alternative exit
			 routes;
(B) methods of accounting
			 for persons who might be present in the building at any time; and
(C) a designated meeting place outside the
			 building to which all persons will go in the event of an evacuation;
(3) trained and able to
			 effectively and efficiently seek shelter in any building within which the agent
			 is providing services, in the event of a tornado or other dangerous storm; and
(4) trained and able to respond
			 effectively and efficiently to other emergency conditions, including power
			 outages or flooding.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-28 - Abuse; neglect; exploitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Whenever any
			 agent of a provider suspects that abuse, neglect, or exploitation is or has
			 taken place, that agent shall immediately take appropriate action to ensure
			 that any specifically involved person or persons and all others are protected
			 while an investigation is conducted.
(b) Each agent shall exercise any authority
			 that the agent has for the purpose of the prevention of abuse, neglect, or
			 exploitation of each person served.
(c) A provider shall regularly conduct
			 training and take other steps to ensure that any agent, person, parent,
			 guardian, and any other individual from each person's support network is
			 advised about how to contact the appropriate state agency charged with
			 providing adult protective services whenever abuse, neglect, or exploitation is
			 suspected or witnessed.
(d) The
			 provider shall immediately report any incident of suspected abuse, neglect, or
			 exploitation of which the provider has become aware to the appropriate state
			 agency charged with providing adult protective services. Any agent shall
			 immediately report any incident of suspected abuse, neglect, or exploitation,
			 in either manner:
(1) Directly to the
			 appropriate state agency; or
(2)
			 in accordance with the provider's written policy for reporting an incident. A
			 provider shall inform each agent that any report of an incident of suspected
			 abuse, neglect, or exploitation may be made directly or anonymously to the
			 appropriate state agency, shall ensure that each agent has ready access to the
			 phone number for making any report, and shall take no steps to interfere with
			 an agent making any report directly or anonymously.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-29 - Records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A provider
			 shall maintain records for each person served. These records shall include the
			 following:
(1) any application or agreement
			 for services;
(2) any financial
			 agreement made between the provider and the person;
(3) any incident or accident reports;
(4) a health profile, which shall
			 be reviewed for accuracy by a licensed medical practitioner at least every two
			 years, and shall include the following:
(A)
			 notations regarding the person's health status;
(B) any medications the person takes; and
(C) any other special medical or
			 health considerations which might exist for that person;
(5) basic assessment and service information
			 system (BASIS) documents and other evaluation materials;
(6) the person's person-centered support
			 plan;
(7) the plan of care for
			 recipients of the home and community based services for persons who are
			 mentally retarded or developmentally disabled program (HCBS/MR);
(8) releases of information, authorizations
			 for publication, and consents for emergency and other medical treatment; as
			 applicable; and
(9) a discharge
			 summary, if applicable.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-30 - Physical facilities

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A provider
			 shall maintain each site in which services are provided to any person and that
			 is owned, leased, or made available by contract to be operated by a provider,
			 any employee or board member of a provider, or any entity owned or controlled
			 by a provider, a provider's employee or a provider's board member, so that the
			 site shall meet these requirements:
(1) Have
			 appropriate fire and safety equipment that is in good repair and is kept on
			 site and readily accessible;
(2)
			 not have any combustible or flammable materials kept in an unsafe location;
(3) be kept clean and well
			 maintained;
(4) be kept safe and
			 secure;
(5) have furniture and
			 equipment in good repair and working order;
(6) be capable of maintaining a comfortable
			 temperature and adequate ventilation;
(7) have adequate lighting;
(8) be free of insect and rodent infestation;
(9) have main routes of travel
			 that are kept free of obstacles and stored materials;
(10) have appropriate assistive devices and
			 any necessary structural modifications so that the facility meets the needs of
			 persons with physical disabilities;
(11) be sufficiently sized to meet the living
			 space needs of the person or persons residing there as well as the additional
			 space needs of staff working within the premises, specifically including
			 appropriate space or spaces for the following:
(A) Meal preparation;
(B) dining;
(C) sleeping;
(D) bathing, toileting, and hand washing;
(E) recreation and day living; and
(F) storage of personal items; and
(12) meet the needs of
			 each person being served, consistent with the preferred lifestyle of the person
			 or persons; and
(13) be in
			 compliance with all applicable fire and life safety, health, sanitation, and
			 occupancy codes.
Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES › Section 30-63-31 - Registration with the community developmental disability organizations (CDDOs)

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Anytime a
			 provider does not have an affiliation agreement in force with the CDDO for that
			 service area, the provider shall:
(1)
			 register with the CDDO, listing the types of services that the provider
			 provides; and
(2) periodically
			 give notice to the CDDO of the provider's current availability to offer
			 services.