Care-facility inspections
How nursing homes and care facilities in Kansas are inspected, licensed, and held to account.
10 laws · 11 enforcement actions · 3 guides · 2 court decisions
See the details
The laws 10
- K.S.A. 39-923, Definitions — defines "adult care home" as the umbrella licensure class covering nursing facilities, nursing facilities for mental health, intermediate care facilities for people with intellectual disability, assisted living… ksrevisor.gov
- K.S.A. 39-924, Purpose of act — states the Adult Care Home Licensure Act exists for "the development, establishment, and enforcement of standards" for the care, treatment, health, safety, welfare and comfort of adult care home residents and… ksrevisor.gov
- K.S.A. 39-928, Issuance of license; inspections and investigations; reports; nontransferable — requires the licensing agency (with the state fire marshal) to inspect and investigate an applicant before issuing an adult care home license, an… ksrevisor.gov
- K.S.A. 39-930, License fee; disposition — sets the adult care home licensing fee structure (base amount plus a per-bed amount, fixed by KDADS rules and regulations) ksrevisor.gov
- K.S.A. 39-931, Denial, suspension or revocation of license; emergency orders; settlement agreements — the core adult care home enforcement statute: on a substantial failure to comply with licensing standards, the licensing agency (KDADS) is… ksrevisor.gov
- K.S.A. 39-932, Adoption and enforcement of rules, regulations and standards — the delegation of rulemaking and enforcement authority to KDADS underlying the entire K.A.R. 26-38 through 26-43 adult-care-home regulatory scheme ksrevisor.gov
- K.S.A. 39-935, Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection reports, posting and access; ksrevisor.gov
- K.S.A. 39-939, Unlawful acts — makes it unlawful for an adult care home to house residents in unapproved space, permit abuse/neglect/cruel treatment of a resident, or admit a resident with a condition the home is not authorized to treat ksrevisor.gov
- K.S.A. 39-940, Forms for application, reports, records and inspections; records open to inspection; ksrevisor.gov
- K.S.A. 39-936, Statement on admission; qualified personnel; nurse aide education, training, examination and state registry — the statutory basis for the certified nurse aide/medication aide training, examination, and state registry system t… ksrevisor.gov
Know your rights 3
- KDADS "Adult Care Home Licensure and Certification Information" — the SCCC's provider-facing licensing hub: initial/change-of-ownership application instructions by facility type (adult day care, assisted living/residential health care, home… kdads.ks.gov
- KDADS "Board of Adult Care Home Administrators (BACHA)" — explains the 7-member governor-appointed Board's composition (2 health professionals, 2 consumer representatives, 3 licensed adult care home administrators), its regulation/examinati… kdads.ks.gov
- KDADS "Civil Money Penalty Reinvestment Program (CMPRP)" — explains how a portion of federal civil money penalties collected from Kansas skilled nursing/nursing facilities is reinvested into resident-quality-of-life and facility-culture-cha… kdads.ks.gov
Enforcement actions 4
- KDADS "Adult Care Home Directory and Inspection Report" — the state survey/licensing agency's own facility-search portal publishing per-facility inspection reports by type (adult day care, assisted living, boarding care homes, home plus, ho… kdads.ks.gov
- KDADS Survey, Certification and Credentialing Commission, "Findings of Abuse, Neglect, or Exploitation (ANE)" — the state's published registry of certified nurse aides/medication aides (CNAs/CMAs) with a KDADS-substantiated finding of abuse… kdads.ks.gov
- Kansas Attorney General press release, "Caney nursing home operator fined for failing to protect patient, employee personal information" (July 21, 2020) — James R. ag.ks.gov
- Kansas Attorney General press release, "Georgia nursing home company fined $100,000, banned from doing business in Kansas for 10 years for failing to protect patient and employee personal information" (Feb. ag.ks.gov
Orders & settlements 7
- K.A.R. 26-39-100, Definitions (Article 39 — Adult Care Homes) — the regulatory definitions (administrator, direct care staff, dietetic services supervisor, clinical record, chemical/physical restraint, etc.) applicable to all of KDADS's adu… sos.ks.gov
- K.A.R. 26-38-1, Definitions (Article 38 — Licensure of Adult Care Home Administrators) — defines "administrator of record," "preceptor," "licensure period" (biennial, expiring every June 30) and "good moral character and fitness" for the Bo… sos.ks.gov
- K.A.R. 26-39-438 through 26-39-441, Informal dispute resolution requests, panel, process and notification of final decision — an adult care home administrator's right to an informal, independent-panel dispute of cited survey deficiencies; sos.ks.gov
- K.A.R. 26-40-301 and 26-40-302, Nursing facility physical environment; construction and site requirements (Article 40 — Nursing Facilities) — adopts by reference the International Building Code, NFPA 101 Life Safety Code, and ADAAG accessib… sos.ks.gov
- K.A.R. 26-41-101, Administration (Article 41 — Assisted Living Facilities and Residential Health Care Facilities) — requires each licensee to appoint an administrator/operator who ensures residents receive care per their functional-capacity… sos.ks.gov
- K.A.R. 26-42-101, Administration (Article 42 — Homes Plus) — requires written abuse/neglect/exploitation policies, a 24-hour investigation-start requirement on any allegation, a 5-business-day investigation and departmental-report deadline,… sos.ks.gov
- K.A.R. 26-43-101, Administration (Article 43 — Adult Day Care Facilities) — parallel administrator/operator, resident-rights, and staff-treatment-of-residents (no verbal/mental/sexual/physical abuse, neglect, or exploitation) requirements f… sos.ks.gov
Court decisions 2
- Boswell, Inc., d/b/a Reno County Adult Care Home v. Harkins, Secretary, Kansas Department of Health and Environment, 230 Kan. courtlistener.com
- Havens v. Board of Adult Care Home Administrators, 17 Kan. App. 2d 527, 839 P.2d 1253 (1992) — Kansas Court of Appeals decision reversing a district court's narrow reading of who is subject to discipline under the Kansas Adult Care Home Adm… courtlistener.com