Kansas Statutes
Article 20 - Providers Of Disability Services
39-2002 Definitions.

39-2002. Definitions. As used in this act, the following terms shall have the meanings ascribed to them in this section:
(a) "Center" means a community mental health center or crisis intervention center.
(b) "Community mental health center" means a center organized pursuant to article 40 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto, or a mental health clinic organized pursuant to article 2 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(c) "Crisis intervention center" means an entity that is open 24 hours a day, 365 days a year, equipped to serve voluntary and involuntary individuals in crisis due to mental illness, substance abuse or co-occurring conditions, and that uses certified specialists.
(d) "Department" means the department for aging and disability services.
(e) "Facility" means any place other than a center or hospital that meets the requirements as set forth by regulations created and adopted by the secretary, where individuals reside and receive treatment or services provided by a person or entity licensed under this act.
(f) "Hospital" means a psychiatric hospital.
(g) "Individual" means a person who is the recipient of behavioral health, intellectual disabilities, developmental disabilities or other disability services as set forth in this act.
(h) "Licensee" means one or more persons or entities licensed by the secretary under this act.
(i) "Licensing agency" means the secretary for aging and disability services.
(j) "Other disabilities" means any condition for which individuals receive home and community based waiver services.
(k) "Provider" means a person, partnership or corporation employing or contracting with appropriately credentialed persons that provide behavioral health, excluding substance use disorder services for purposes of this act, intellectual disability, developmental disability or other disability services in accordance with the requirements as set forth by rules and regulations created and adopted by the secretary.
(l) "Psychiatric hospital" means an institution, excluding state institutions as defined in K.S.A. 76-12a01, and amendments thereto, that is primarily engaged in providing services, by and under the supervision of qualified professionals, for the diagnosis and treatment of mentally ill individuals, and the institution meets the licensing requirements as set forth by rules and regulations created and adopted by the secretary.
(m) "Psychiatric residential treatment facility" means any non-hospital facility with a provider agreement with the licensing agency to provide the inpatient services for individuals under the age of 21 who will receive highly structured, intensive treatment for which the licensee meets the requirements as set forth by regulations created and adopted by the secretary.
(n) "Residential care facility" means any place or facility, or a contiguous portion of a place or facility, providing services for two or more individuals not related within the third degree of relationship to the administrator, provider or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and supervised nursing care to compensate for activities of daily living limitations, and which place or facility includes individual living units and provides or coordinates personal care or supervised nursing care available on a 24-hour, seven-days-a-week basis for the support of an individual's independence, including crisis residential care facilities.
(o) "Secretary" means the secretary for aging and disability services.
(p) "Services" means the following types of behavioral health, intellectual disability, developmental disability and other disability services, including, but not limited to: Residential supports, day supports, care coordination, case management, workshops, sheltered domiciles, education, therapeutic services, assessments and evaluations, diagnostic care, medicinal support and rehabilitative services.
History: L. 2016, ch. 105, § 2; L. 2017, ch. 77, § 16; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare

Article 20 - Providers Of Disability Services

39-2001 Providers of disability services; purpose of act.

39-2002 Definitions.

39-2003 Secretary for aging and disability services; powers, duties and functions.

39-2004 Same; rules and regulations.

39-2005 Providers; requirements to comply with applicable laws, ordinances and rules and regulations.

39-2006 Same; requirements to obtain license.

39-2007 Same; application for license.

39-2008 License; application and renewal.

39-2009 Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; criminal history record che...

39-2010 Licenses issued prior to effective date of act; requirement to comply with act.

39-2011 Inspections and investigations of providers and facilities; notice.

39-2012 Provision of license; requirements; duration.

39-2013 Denial, suspension or revocation of license; procedure.

39-2014 Same; person with ownership or other interest in provider.

39-2015 Provider operating without license; penalties.

39-2016 Correction orders and civil fines.

39-2017 Severability of act.

39-2018 Community mental health center improvement fund established; expenditures by Kansas department for aging and disability services.

39-2019 Certified community behavioral health clinics; certification requirements; medical assistance program funding; deadlines for certification; rules and regulations.