Kan. Admin. Regs. § 30-60-6 - Licensing procedure; compliance surveys; duration and renewal of license; provisional license
(a) Each agency or
licensee desiring a new or renewed license as a "community mental health
center" or an "affiliated community mental health center" shall submit an
application for that license, or for renewal of its license, to the secretary
in the format prescribed by the division. Each application for renewal of a
license shall be submitted at least 45 days before the expiration of the
current license. This requirement may be waived by the secretary upon a showing
of good cause. If a waiver is granted, a reasonable deadline may be established
by the secretary for submittal of the required renewal application.
(b) Upon receipt of an application for a
license or for renewal of a license, a survey of the applicant agency or
licensee may be conducted by the division to determine whether the applicant
agency or licensee is in compliance with the applicable requirements of this
article or can be expected to be in compliance with the applicable requirements
of this article during the term of the requested license.
(c) At any time deemed appropriate by the
division, a licensee may be formally resurveyed by the division to determine
whether the licensee continues to be in compliance with the requirements of
this article. No prior notice by the division of its intent to conduct a
continuing compliance survey shall be required to be given to a licensee.
Neither technical assistance provided to a licensee nor ongoing monitoring of a
licensee's programs and services by any employee of the division assigned by
the department to perform quality assurance duties shall be construed to
constitute a formal resurvey for compliance under this subsection. However, if
an employee of the division observes any evidence of noncompliance with the
requirements of this article by a licensee, a compliance resurvey under this
subsection may be instituted.
(d)
Following any initial, renewal, or continuing compliance survey, the applicant
agency or licensee shall be notified of the division's findings in writing. Any
applicant agency or licensee that disagrees with any finding of the division
that the applicant agency or licensee is not in compliance with an applicable
requirement of this article may submit, in writing and within 15 days of
receipt of the division's survey findings, any arguments and supporting
documents that the applicant agency or licensee wishes the division to
consider. These written materials shall become a part of the record concerning
the agency's application for a license or application for renewal of its
license. Based upon these materials, a determination may be made by the
division to resurvey the applicant agency or licensee or to revise the
division's survey findings. If a resurvey or revision of the division's
findings is made, the applicant agency or licensee shall be notified of the
division's new findings, in writing.
(e) Upon receipt of an application for a
license or for renewal of a license, or following any initial, renewal, or
continuing compliance survey, a recommendation for the issuance of a
provisional license to begin or continue operations by an applicant agency or
licensee may be made to the secretary by the division. Each provisional license
issued shall include the requirement that the applicant agency or licensee
develop, submit, and implement a plan of corrective action to bring the
applicant agency or licensee into compliance with the applicable requirements
of this article.
(1) This plan of corrective
action shall be submitted to the division within 30 days following receipt by
the applicant agency or licensee of the division's written request for a plan
of corrective action.
(2) The plan
of corrective action shall be reviewed by the division to determine the
following:
(A) Whether the plan adequately
addresses all of the areas of noncompliance cited in the division's survey
report; and
(B) whether a
follow-up resurvey is necessary to determine that the plan has been fully
implemented and that the applicant agency or licensee is in compliance with the
applicable requirements of this article. No prior notice by the division of its
intent to conduct a resurvey shall be required to be given to the applicant
agency or licensee.
(3)
The division's findings from any follow-up resurvey shall be provided to the
applicant agency or licensee, in writing, and may include a recommendation to
the secretary that a license be issued, that the application be denied, that a
license be revoked, or that further corrective action be taken by the applicant
agency or licensee.
(4) Failure of
an applicant agency or licensee to submit or to fully implement an acceptable
plan of corrective action may be grounds for denial or revocation of a license,
regardless of whether or not a provisional license has been recommended or
issued.
(f)
(1) If the division determines upon receipt
of an application for a license, an application for renewal of a license or a
plan of corrective action, that no compliance survey or resurvey is necessary,
a recommendation may be made by the division to the secretary that the
applicant agency or licensee merits the public's trust and that a license
should be issued for a specified term.
(2) If a compliance survey or resurvey finds
that the applicant agency or licensee is in compliance with the applicable
requirements of this article, or can be expected to be in compliance with the
applicable requirements of this article during the term of the requested
license, a recommendation may be made by the division to the secretary that the
applicant agency or licensee merits the public's trust and that a license
should be issued for a specified term.
(3) If a compliance survey or resurvey does
not find that the applicant agency or licensee is in compliance with the
applicable requirements of this article, or can not be expected to be in
compliance with the applicable requirements of this article during the term of
the requested license, or if the division determines that the applicant agency
or licensee does not merit the public's trust, a recommendation may be made by
the division to the secretary that the application should be denied. A copy of
any recommendation made by the division to deny a license, or to deny renewal
of a license, shall be sent to the applicant agency or licensee by registered
mail and addressed to the executive director of the applicant agency or
licensee, and shall clearly state the reasons for the recommended denial. Any
recommendation for denial of a license, or denial of renewal of a license, may
be appealed to the office of administrative hearings within the Kansas
department of administration in accordance with article 7.
(g) Each license issued by the
secretary in accordance with this article shall be in effect for a term to be
stated upon the license, which shall not exceed two years, unless revoked
earlier for cause.
(h) Each
provisional license issued by the secretary shall specify the length of time
for which it shall be valid, but in no case shall a provisional license be
valid for more than six months. Successive provisional licenses may be issued.
Notes
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