39-965. Penalties for violations posing serious physical harm to resident. (a) If the secretary for aging and disability services determines that an adult care home is in violation of or has violated any requirements, standards or rules and regulations established under the adult care home licensure act which violation can reasonably be determined to have resulted in, caused or posed serious physical harm to a resident, the secretary for aging and disability services in accordance with proceedings under the Kansas administrative procedure act, may assess a civil penalty against the licensee of such adult care home in an amount of not to exceed $1,000 per day per violation for each day the secretary finds that the adult care home was not in compliance with such requirements, standards or rules and regulations but the maximum assessment shall not exceed $10,000.
(b) All civil penalties assessed shall be due and payable in accordance with subsection (c) of K.S.A. 39-946 and K.S.A. 39-947, and amendments thereto.
(c) The secretary for aging and disability services may adopt rules and regulations which shall include due process procedures for the issuance of civil penalties relating to nursing facilities.
(d) The authority to assess civil penalties granted to the secretary for aging and disability services under this section is in addition to any other statutory authority of the secretary relating to the licensure and operation of adult care homes and is not to be construed to limit any of the powers and duties of the secretary for aging and disability services under the adult care home licensure act.
(e) This section shall be part of and supplemental to the adult care home licensure act.
History: L. 1992, ch. 322, § 1; L. 2003, ch. 149, § 23; L. 2014, ch. 115, § 148; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-926 License required to operate home; compliance with regulations.
39-929 Provisional license, approval; terms; extension.
39-930 License fee; disposition.
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.
39-937 Compliance with other laws and regulations.
39-938 Compliance with requirements and rules and regulations; exceptions.
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.
39-944 Injunctions and other process.
39-945 Correction orders; issuance; contents.
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.
39-951 Authority granted under act additional and not limiting.
39-952 Correction order not issued, when.
39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
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.
39-959 Powers and duties of receiver.
39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
39-962 Supervision of district court; final accounting; removal.
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.
39-969 Criminal history record information.
39-973 Operator registration act.
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.