Kan. Admin. Regs. § 26-41-101 - Administration
(a) Administrator
and operator responsibilities. The administrator or operator of each assisted
living facility or residential health care facility ("facility") shall ensure
that the facility is operated in a manner so that each resident receives care
and services in accordance with each resident's functional capacity screening
and negotiated service agreement.
(b) Administrator and operator criteria. Each
licensee shall appoint an administrator or operator who meets the following
criteria:
(1) Is at least 21 years of
age;
(2) possesses a high school
diploma or the equivalent;
(3)
holds a Kansas license as an adult care home administrator or has successfully
completed an operator training course and passed the test approved by the
secretary of Kansas department of heath and environment pursuant to
K.S.A. 39-923 and amendments thereto; and
(4) has authority and responsibility for the
operation of the facility and compliance with licensing requirements.
(c) Administrator and operator
position description. Each licensee shall adopt a written position description
for the administrator or operator that includes responsibilities for the
following:
(1) Planning, organizing, and
directing the facility;
(2)
implementing operational policies and procedures for the facility;
and
(3) authorizing, in writing, a
responsible employee who is 18 years old or older to act on the administrator's
or operator's behalf in the absence of the administrator or operator.
(d) Resident rights. Each
administrator or operator shall ensure the development and implementation of
written policies and procedures that incorporate the principles of
individuality, autonomy, dignity, choice, privacy, and a home environment for
each resident. The following provisions shall be included in the policies and
procedures:
(1) The recognition of each
resident's rights, responsibilities, needs, and preferences;
(2) the freedom of each resident or the
resident's legal representative to select or refuse a service and to accept
responsibility for the consequences;
(3) the development and maintenance of social
ties for each resident by providing opportunities for meaningful interaction
and involvement within the facility and the community;
(4) furnishing and decorating each resident's
personal space;
(5) the recognition
of each resident's personal space as private and the sharing of an apartment or
individual living unit only when agreed to by the resident;
(6) the maintenance of each resident's
lifestyle if there are not adverse effects on the rights and safety of other
residents; and
(7) the resolution
of grievances through a specific process that includes a written response to
each written grievance within 30 days.
(e) Resident liability. Each resident shall
be liable only for the charges disclosed to the resident or the resident's
legal representative and documented in a signed agreement at admission and in
accordance with K.A.R. 26-39-103.
(1) A
resident who is involuntarily discharged, including discharge due to death,
shall not be responsible for the following:
(A) Fees for room and board beyond the date
established in the signed contractual agreement or the date of actual discharge
if an appropriate discharge notice has been given to the resident or the
resident's legal representative in accordance with K.A.R. 26-39-102 ;
and
(B) fees for any services
specified in the negotiated services agreement after the date the resident has
vacated the facility and no longer receives these services.
(2) A resident who is voluntarily
discharged shall not be responsible for the following:
(A) Fees for room and board accrued beyond
the end of the 30-day period following the facility's receipt of a written
notice of voluntary discharge submitted by the resident or resident's legal
representative or the date of actual discharge if this date extends beyond the
30-day period; and
(B) fees for any
services specified in the negotiated services agreement after the date the
resident has vacated the facility and no longer receives these
services.
(f)
Staff treatment of residents. Each administrator or operator shall ensure the
development and implementation of written policies and procedures that prohibit
the abuse, neglect, and exploitation of residents by staff. The administrator
or operator shall ensure that all of the following requirements are met:
(1) No resident shall be subjected to any of
the following:
(A) Verbal, mental, sexual, or
physical abuse, including corporal punishment and involuntary
seclusion;
(B) neglect;
or
(C) exploitation.
(2) The facility shall not employ
any individual who has been identified on a state nurse aide registry as having
abused, neglected, or exploited any resident in an adult care home.
(3) Each allegation of abuse, neglect, or
exploitation shall be reported to the administrator or operator of the facility
as soon as staff is aware of the allegation and to the department within 24
hours. The administrator or operator shall ensure that all of the following
requirements are met:
(A) An investigation
shall be started when the administrator or operator, or the designee, receives
notification of an alleged violation.
(B) Immediate measures shall be taken to
prevent further potential abuse, neglect, or exploitation while the
investigation is in progress.
(C)
Each alleged violation shall be thoroughly investigated within five working
days of the initial report. Results of the investigation shall be reported to
the administrator or operator.
(D)
Appropriate corrective action shall be taken if the alleged violation is
verified.
(E) The department's
complaint investigation report shall be completed and submitted to the
department within five working days of the initial report.
(F) A written record shall be maintained of
each investigation of reported abuse, neglect, or exploitation.
(g) Availability of
policies and procedures. Each administrator or operator shall ensure that
policies and procedures related to resident services are available to staff at
all times and are available to each resident, legal representatives of
residents, case managers, and families during normal business hours. A notice
of availability shall be posted in a place readily accessible to
residents.
(h) Power of attorney,
guardianship, and conservator-ship. Authority as a power of attorney, durable
power of attorney for health care decisions, guardian, or conservator shall not
be exercised by anyone employed by or having a financial interest in the
facility, unless the person is related to the resident within the second
degree.
(i) Reports. Each
administrator or operator shall ensure the accurate completion and electronic
submission of annual and semiannual statistical reports regarding residents,
employees, and facility occupancy to the department no later than 20 days
following the last day of the period being reported. The administrator or
operator shall ensure the submission of any other reports required by the
department.
(j) Emergency
telephone. Each administrator or operator shall ensure that the residents and
employees have access to a telephone for emergency use at no cost. The
administrator or operator shall ensure that the names and telephone numbers of
persons or places commonly required in emergencies are posted adjacent to this
telephone.
(k) Ombudsman. Each
administrator or operator shall ensure the posting of the names, addresses, and
telephone numbers of the Kansas department on aging and the office of the
long-term care ombudsman with information that these agencies can be contacted
to report actual or potential abuse, neglect, or exploitation of residents or
to register complaints concerning the operation of the facility. The
administrator or operator shall ensure that this information is posted in an
area readily accessible to all residents and the public.
(l) Survey report and plan of correction.
Each administrator or operator shall ensure that a copy of the most recent
survey report and plan of correction is available in a public area to residents
and any other individuals wishing to examine survey results.
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.