Kansas Statutes
Article 9 - Adult Care Homes
39-928 Issuance of license, when; inspections and investigations; reports; time license effective; nontransferable; display; contents of license.

39-928. Issuance of license, when; inspections and investigations; reports; time license effective; nontransferable; display; contents of license. Upon receipt of an application for license, the licensing agency with the approval of the state fire marshal shall issue a license if the applicant is fit and qualified and if the adult care home facilities meet the requirements established under this law. The licensing agency, the state fire marshal, and the county, city-county or multicounty health departments or their designated representatives shall make such inspections and investigations as are necessary to determine the conditions existing in each case and a written report of such inspections and investigations and the recommendations of the state fire marshal and the county, city-county or multicounty health department or their authorized agents shall be filed with the licensing agency. The licensing agency and the state fire marshal may designate and use county, city-county or multicounty health departments and local fire and safety authorities as their agents in making such inspections and investigations as are deemed necessary or advisable. Such local authorities are hereby authorized, empowered and directed to perform such duties as are designated. A copy of any inspection reports required by this section shall be furnished to the applicant.
A license, unless sooner suspended or revoked, shall remain in effect upon filing by the licensee, and approval by the licensing agency and the state fire marshal or their duly authorized agents, of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes and payment of an annual fee. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. It shall be posted in a conspicuous place in the adult care home. If the annual report is not so filed and annual fee is not paid, such license is automatically canceled. Any license granted under the provisions of this act shall state the type of facility for which license is granted, number of residents for which granted, the person or persons to whom granted, the date and such additional information and special limitations as are deemed advisable by the licensing agency.
History: L. 1961, ch. 231, § 6; L. 1972, ch. 171, § 5; L. 1980, ch. 182, § 11; L. 1989, ch. 126, § 1; July 1.

Structure Kansas Statutes

Kansas Statutes

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

Article 9 - Adult Care Homes

39-923 Definitions.

39-924 Purpose of act.

39-925 Administration of act; transfer of administration to secretary for aging and disability services; appointment of officer to administer the act; contracts.

39-926 License required to operate home; compliance with regulations.

39-926a Limitation on number of persons licensed to operate adult care home; application of section; section supplemental to adult care home licensure act.

39-927 Application for license; contents; application for license to operate new intermediate nursing care home for people with intellectual disability; limitations.

39-928 Issuance of license, when; inspections and investigations; reports; time license effective; nontransferable; display; contents of license.

39-929 Provisional license, approval; terms; extension.

39-930 License fee; disposition.

39-931 Denial, suspension or revocation of license; emergency orders; settlement agreements; certain licensure limitations.

39-931a Same; grounds; person defined.

39-932 Adoption and enforcement of rules, regulations and standards.

39-932a Adult care homes in less than an entire building.

39-933 Inspections and investigations; regulations for changes in facilities.

39-934 Certain information confidential.

39-935 Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection reports, posting and access; risk management program, when required; admissibility of reports.

39-936 Statement on admission; qualified personnel; education and training of unlicensed personnel; examination and fees; state registry established; refresher course required; supplier of medication; limitations on involuntary transfer or discharge...

39-937 Compliance with other laws and regulations.

39-938 Compliance with requirements and rules and regulations; exceptions.

39-939 Unlawful acts.

39-940 Forms for application, reports, records and inspections; records open to inspection; unlawful acts.

39-941 Adult care homes; license and regulation; certain organizations exempt.

39-942 License in effect on effective date of act continued in effect; exceptions.

39-943 Penalties.

39-944 Injunctions and other process.

39-945 Correction orders; issuance; contents.

39-946 Civil penalty; issuance; notice of assessment; factors in determining amount of civil penalty; enforcement.

39-947 Appeals to secretary; hearing; disposition of civil penalties.

39-947a Informal dispute resolution; written request; procedure.

39-948 Appeals to district court; disposition of civil penalties.

39-949 Disposition of moneys.

39-950 Rules and regulations.

39-951 Authority granted under act additional and not limiting.

39-952 Correction order not issued, when.

39-953 Citation of act.

39-953a Order prohibiting new admissions to adult care home; when issued; proceedings; remedy not limiting.

39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.

39-954 Application for receiver; order appointing; qualifications of persons designated and method of selection, rules and regulations.

39-955 Filing application for receivership; contents.

39-956 Service of copies of application for receivership; posting in adult care home.

39-957 Answer to application for receivership.

39-958 Priority of application for receivership in district court; evidence; appointment of receiver; certain statutes inapplicable to license granted receiver; length of license.

39-959 Powers and duties of receiver.

39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.

39-961 Kansas department for aging and disability services to assist receiver; expenses of department; repayment.

39-962 Supervision of district court; final accounting; removal.

39-963 Termination of receivership; circumstances; accounting and disposition of money; court orders for recovery of certain expenses and costs.

39-964 Procedures for and review and enforcement of administrative actions.

39-965 Penalties for violations posing serious physical harm to resident.

39-967 Skilled nursing home or intermediate nursing care home means nursing facility.

39-968 Client assessment, referral and evaluation program; definitions; implementation; data entry form; requirements; duties of secretary for aging and disability services; long-term care resource information; rules and regulations; voluntary oversi...

39-969 Criminal history record information.

39-970 Adult care home; definitions; operation; precluded, when; access of secretary of health and environment to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record infor...

39-971 Quality enhancement wage pass-through program; eligible employees; quarterly wage audits; limitations on use of pass-through moneys; "nursing facilities" defined.

39-972 Residents receiving long-term care in medicaid approved institution; personal needs fund; supplemental income.

39-973 Operator registration act.

39-974 Same; definitions.

39-975 Same; registration of operators; rules and regulations.

39-976 Same; operator registration on adult care home administrator license required.

39-977 Same; waiver of registration requirements, when.

39-978 Same; registration renewal.

39-979 Same; fees; health occupations credentialing fee fund.

39-980 Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary.

39-981 Authorized electronic monitoring; reasonable accommodations; notice; consent; use as evidence; prohibitions.

39-982 Requirements of Kansas department for aging and disability services; COVID-19 public health emergency; infection control inspections; provision of personal protective equipment, sanitizing supplies and tests; adoption of best practices.