Kan. Admin. Regs. § 26-39-101 - Licensure of adult care homes
(a)
Initiation of application process.
(1) Each
applicant for a license to operate an adult care home shall submit a letter of
intent to the department.
(2) The
letter of intent shall include all of the following information:
(A) The type of adult care home license being
requested;
(B) the name, address,
and telephone number of the applicant; and
(C) the street address or legal description
of the proposed site.
(b) Initial licensure application.
(1) Each applicant for an initial license
shall submit the following to the department:
(A) A completed application on a form
prescribed by the department;
(B) a
copy of each legal document identifying ownership and control, including
applicable deeds, leases, and management agreements;
(C) any required approval of other owners or
mortgagors;
(D) curriculum vitae or
resumes of all facility and corporate staff responsible for the operation and
supervision of the business affairs of the facility;
(E) a complete list of names and addresses of
facilities that the applicant operates in states other than Kansas;
and
(F) a financial statement
projecting the first month's operating income and expenses with a current
balance sheet showing at least one month's operating expenses in cash or
owner's equity. All financial statements shall be prepared according to
generally accepted accounting principles and certified by the applicant to be
accurate.
(2) A license
shall be issued by the department if all of the following requirements are met:
(A) A licensure application has been
completed by the applicant.
(B)
Construction of the facility or phase is completed.
(C) The facility is found to meet all
applicable requirements of the law.
(D) The applicant is found to qualify for a
license under
K.S.A. 39-928 and amendments thereto.
(c) Change of ownership
or licensee.
(1) The current licensee shall
notify the department, in writing, of any anticipated change in the information
that is recorded on the current license at least 60 days before the proposed
effective date of change.
(2) Each
applicant proposing to purchase, lease, or manage an adult care home shall
submit the following information, if applicable, to the department:
(A) A completed application form prescribed
by the department;
(B) a copy of
each legal document transferring ownership or control, including sales
contracts, leases, deeds, and management agreements;
(C) any required approval of other owners or
mortgagors;
(D) curriculum vitae or
resumes of all facility and corporate staff responsible for the operation and
supervision of the business affairs of the facility;
(E) a complete list of names and addresses of
facilities the applicant operates in states other than Kansas; and
(F) a financial statement projecting the
first month's operating income and expenses with a current balance sheet
showing at least one month's operating expenses in cash or owner's equity. All
financial statements shall be prepared according to generally accepted
accounting principles and certified by the applicant as accurate.
(3) A new license shall be issued
by the department if a complete application and the required forms have been
received and the applicant is found to qualify for a license under
K.S.A. 39-928 and amendments thereto.
(d) New construction or conversion
of an existing unlicensed building to an adult care home.
(1) Each applicant for a nursing facility,
intermediate care facility for the mentally retarded, assisted living facility,
or residential health care facility shall request approval of the site at least
30 days before construction begins. The written request for site approval shall
include all of the following information:
(A)
The name and telephone number of the individual to be contacted by evaluation
personnel;
(B) the dimensions and
boundaries of the site; and
(C) the
name of the public utility or municipality that provides services to the site,
including water, sewer, electricity, and natural gas.
(2) Intermediate care facilities for the
mentally retarded shall not have more than one residential building with 16
beds or less located on one site or on contiguous sites. The residential
buildings shall be dispersed geographically to achieve integration and harmony
with the community or neighborhoods in which the buildings are
located.
(3) The applicant shall
submit one copy of the final plans for new construction or conversion of an
existing unlicensed building, for the entire project or phase to be completed,
which shall be sealed, signed, and certified by a licensed architect to be in
compliance with the following regulations:
(B) for an intermediate care facility for the
mentally retarded with 16 beds or less, K.A.R. 28-39-225 ;
(4) The
applicant shall provide the department with a 30-day notice of each of the
following:
(A) The date on which the
architect estimates that 50 percent of the construction will be completed;
and
(B) the date on which the
architect estimates that all construction will be completed.
(5) The applicant for new
construction or conversion of an existing unlicensed building to a home plus,
boarding care home, or adult day care facility shall submit a drawing of the
proposed facility that includes identification and dimensions of rooms or areas
as required in the following regulations:
(A)
For a home plus, K.A.R. 28-39-437 ;
(B) for a boarding care home, K.A.R.
28-39-411 ; and
(6) The applicant shall submit to
the department any changes from the plans, specifications, or drawings on file
at the department.
(e)
Additions and renovations.
(1) The licensee
shall submit one copy of final plans, which shall be sealed, signed, and
certified by a licensed architect to be in compliance with the following
regulations:
(B) for an intermediate care facility for the
mentally retarded with 16 beds or less, K.A.R. 28-39-225 ;
(C) for an intermediate care facility for the
mentally retarded with 17 or more beds, K.A.R. 26-40-301 through K.A.R.
26-40-305 governing the physical environment of nursing facilities;
(D) for an assisted living facility or a
residential health care facility, K.A.R. 28-39-254 through K.A.R. 28-39-256 ;
and
(E) for a nursing facility for
mental health, K.A.R. 28-39-227.
(2) The licensee shall submit to the
department a 30-day notice for each of the following:
(A) The date on which the architect estimates
that 50 percent of the construction will be completed;
(B) the date on which the architect estimates
all construction will be completed; and
(C) any changes in the plans or
specifications information for the addition or renovation.
(f) Change in use of a required
room or area. If an administrator or operator changes resident bedrooms,
individual living units, and apartments used for an alternative purpose back to
resident bedrooms, individual living units, and apartments, the administrator
or operator shall obtain the secretary's approval before the change is
made.
(g) Change of resident
capacity. Each licensee shall submit a written request for any proposed change
in resident capacity to the department. The effective date of a change in
resident capacity shall be the first day of the month following department
approval.
(h) Change of
administrator, director of nursing, or operator. Each licensee of an adult care
home shall notify the department within two working days if there is a change
in administrator, director of nursing, or operator. When a new administrator or
director of nursing is employed, the licensee shall notify the department of
the name, address, and Kansas license number of the new administrator or
director of nursing. When a new operator is employed, the licensee shall notify
the department of the name and address of the new operator and provide evidence
that the individual has completed the operator course as specified by the
secretary of the Kansas department of health and environment pursuant to
K.S.A. 39-923 and amendments thereto.
(i) Administrator or operator supervision of
multiple homes. An administrator or operator may supervise more than one
separately licensed adult care home if the following requirements are met:
(1) Each licensee shall request prior
authorization from the department for a licensed administrator or an operator
to supervise more than one separately licensed adult care home. The request
shall be submitted on the appropriate form and include assurance that the lack
of fulltime, on-site supervision of the adult care homes will not adversely
affect the health and welfare of residents.
(2) All of the adult care homes shall be
located within a geographic area that allows for daily on-site supervision of
all of the adult care homes by the administrator or operator.
(3) The combined resident capacities of
separately licensed nursing facilities, assisted living facilities, residential
health care facilities, homes plus, and adult day care facilities shall not
exceed 120 for a licensed administrator.
(4) The combined resident capacities of
separately licensed assisted living facilities, residential health care
facilities, homes plus, and adult day care facilities shall not exceed 60 for
an operator.
(5) The combined
number of homes plus shall not exceed four homes for a licensed administrator
or an operator.
(j)
Reports. Each licensee shall file reports with the department on forms and at
times prescribed by the department.
(k) Fees. Each initial application for a
license and each annual report filed with the department shall be accompanied
by a fee of $30.00 for each resident in the stated resident capacity plus
$100.00. Each requested change in resident capacity shall be accompanied by a
fee of $30.00 for each resident increase or decrease in the stated resident
capacity plus $100.00. No refund of the fee shall be made if a license
application is denied.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.