K.A.R. Agency 30 | Kan. Admin. Regs. Agency 30 — Kansas Department for Children and Families

Article 2 General

Kan. Admin. Regs. § 30-2-1 Assistance provided without discrimination

All assistance and services provided by the Kansas state department of social and rehabilitation services shall be provided without discrimination on grounds of race, religion, color, sex, age, handicap, national origin, or ancestry.

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History

History: (Authorized by K.S.A. 1978 Supp. 39-708c; K.S.A. 75-3304; effective Jan. 1, 1967; amended Jan. 1, 1974; amended, E-79-20, Aug. 17, 1978; amended May 1, 1979.)

Kan. Admin. Regs. § 30-2-2 Uniformity of interpretation

All officers or employees of state department of social and rehabilitation services shall uniformly interpret the laws, and rules and regulations pertaining thereto, and in order to provide uniformity the agencies and individuals involved shall follow the interpretation given through handbook or manual material, or by state director's letters or other releases, or communications, from the secretary of the state department of social and rehabilitation services, or the state director of institutions.

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History

History: (Authorized by K.S.A. 1973 Supp. 75-3304; effective Jan. 1, 1967; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 30-2-11 Disclosure of information to client

Information entered into the case record subsequent to July 1, 1978 shall be made available upon request to the client or his or her legal guardian for inspection at a time mutually agreeable to the agency and the requestor except as set forth below.

(a) Medical and psychiatric reports. Medical and psychiatric reports shall not be made available to the requestor unless signed, written consent is obtained from the medical practitioner who rendered such report. Such reports may be released through the client's physician if the agency decides that this method of release is in the best interest of the client.

(b) Names and addresses of complainants. The names and addresses of complainants shall not be made available to the requestor.

(c) Investigative reports. Investigative reports shall not be made available to the requestor during the course of the investigation or during the time period in which the case has been referred for legal action unless an agency attorney or the prosecuting attorney to whom the case has been referred for legal action authorizes such disclosure.

(d) Names, addresses and other information which would identify or lead to the identification of persons who have provided information to the agency. The names, addresses or other information which would identify or lead to the identification of a person or persons who have provided information to the agency shall not be made available to the requestor unless a signed written consent is obtained from the individual whose identity the requestor wishes to be made available.

(e) Other information. Other information shall not be made available to the requestor if otherwise prohibited by statute or administrative regulation.

(f) Exception. Notwithstanding the provisions of (a), (c) and (e) above, all documents and records to be used by the agency at a fair hearing shall be made available, upon request, to the appellant or his or her representative for inspection or copying at a time mutually agreeable to the agency and the appellant or his or her representative prior to the date of the hearing.

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History

History: (Authorized by K.S.A. 1979 Supp. 39-708c, 39-709b; effective, E-79-20, Aug. 17, 1978; effective May 1, 1979; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980.)

Kan. Admin. Regs. § 30-2-12 Fee for providing copies of agency documents and records to non-agency personnel

Except as set forth in K.A.R. 30-2-12(d), the following fees may be charged for providing copies of agency documents and records to non-agency personnel: (a) A fee for copies of $.25 per single-sided page;

(b) an additional fee not exceeding the actual cost of furnishing copies, including the cost of staff time required to make the information available; and

(c) in the case of fees for providing access to records maintained on computer facilities, the cost of any computer services, including staff time required.

(d) Exceptions. No fee shall be charged if the request for documents or records meets any of the following criteria:

(1) Is in the administration of an agency program;

(2) is in relationship to a client fair hearing;

(3) is for medical diagnosis or treatment;

(4) is from a state agency; or

(5) is pursuant to an administrative regulation authorizing the release of the document or record without the charging of a fee. This regulation shall take effect on and after April 1, 1999.

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History

History: (Authorized by K.S.A. 75-5321; implementing K.S.A. 76-12a10, K.S.A. 45-218; effective, E-80-13, Aug. 8, 1979; effective May 1, 1980; amended May 1, 1983; amended May 1, 1985; amended April 1, 1999.)

Kan. Admin. Regs. § 30-2-13 Reliance upon certain agency actions

Interpretations of contract and grant provisions, and the approval of contract and grant changes shall not be binding upon the agency unless they have been reduced to writing.

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History

History: (Authorized by K.S.A. 75-5321; effective, E-80-13, Aug. 8, 1979; effective May 1, 1980.)

Kan. Admin. Regs. § 30-2-15 Civil rights and equal employment opportunity compliance—providers, contractors, grantees and vendors

The agency may terminate or refuse to enter into a business relationship with a provider, contractor, grantee or vendor who is not in compliance with applicable statutes, administrative regulations or executive orders concerning non-discrimination in the provision of services or employment, affirmative action or equal employment opportunity.

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History

History: (Authorized by K.S.A. 75-5321; effective, E-80-13, Aug. 8, 1979; effective May 1, 1980.)

Kan. Admin. Regs. § 30-2-16 Permanency planning goals for title IV-E of the federal social security act

(a) The agency's permanency planning goal for the federal fiscal year commencing on October 1, 1999 shall be to have no more than 600 children who have been in foster care placements in excess of 24 consecutive months receive federal funding during the course of the year.

(b) Both of the following steps shall be taken by the agency to achieve the above-stated goal:

(1) A reasonable effort shall be made to make adoption assistance available on behalf of eligible children.

(2) A case review shall be initiated and a plan shall be developed for each child in the custody of the agency.

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History

History: (Authorized by and implementing K.S.A. 1998 Supp. 39-708c; effective, T-83-26, Sept. 22, 1982; effective May 1, 1983; amended, T-85-24, Sept. 18, 1984; amended May 1, 1985; amended, T-87-5, May 1, 1986; amended, T-87-29, Oct. 22, 1986; amended May 1, 1987; amended May 1, 1988; amended Sept. 26, 1988; amended July 30, 1990; amended Oct. 1, 1990; amended Oct. 28, 1991; amended Oct. 5, 1992; amended Oct. 1, 1993; amended Sept. 30, 1994; amended July 2, 1999.)

Kan. Admin. Regs. § 30-2-17 Administration of certain long-term care programs

(a)(1) Subject to the federal grant requirements for medicaid under the social security act, title XIX, the "nursing facility services payment program," as that term is used in K.S.A. 1996 Supp. 75-5321a, shall include the following functions:

(A) oversight of certification and recertification of nursing facilities;

(B) provider enrollment;

(D) rate setting and payments;

(E) cost report reviews;

(F) audits;

(G) payment reconciliations;

(H) overpayment collections;

(I) penalty enforcement;

(J) compliance functions, including collection of civil money penalties; and

(K) budget preparation and management.

(2) For purposes of this regulation, the term "nursing facility" shall not include any nursing facility for mental health or intermediate care facility for the mentally retarded.

(b) The "home and community-based nursing facility waiver program," as that term is used in K.S.A. 1996 Supp. 75-5321a, means the medicaid home and community-based service waiver program for the frail elderly and targeted case management for the frail elderly.

(c) For the purposes of administering the nursing facility services payment program, the home and community-based nursing facility waiver program, and the income eligible home care program pursuant to K.S.A. 1996 Supp. 75-5321a, the secretary of aging may use, exercise, and enforce any power, duty, definition, or description established in regulations of the secretary of social and rehabilitation services as may be necessary. To the extent that federal grant requirements for the medicaid program under the social security act, title XIX, require the continued involvement by the secretary of social and rehabilitation services as the designated medicaid single state agency, the state plan, regulatory, policy making, and supervisory authority over the programs administered by the secretary of aging under K.S.A. 1996 Supp. 75-5321a shall continue to be exercised by the secretary of social and rehabilitation services.

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History

History: (Authorized by and implementing K.S.A. 1996 Supp. 39-708c and K.S.A. 75-5321a; effective, T-30-7-1-97, July 1, 1997; effective Oct. 3, 1997.)

Article 4 Public Assistance Program

Kan. Admin. Regs. § 30-4-34 Public assistance program

The public assistance program shall include the following types of assistance:

(a) Temporary assistance for needy families (TANF);

(b) foster care assistance, which shall include the federal financial participation-foster care (FFP-FC) and non-federal financial participation foster care (non-FFP-FC) programs;

(d) food assistance. The federal term for this program is supplemental nutrition assistance program (SNAP); and

(e) child care assistance.

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c; effective May 1, 1981; amended, T-84-8, April 1, 1983; amended May 1, 1983; amended, T-84-9, May 1, 1983; amended May 1, 1984; amended, T-88-14, July 1, 1987; amended May 1, 1988; amended, T-30-6-10-91, July 1, 1991; amended Dec. 30, 1994; amended April 1, 1995; amended Aug. 1, 1995; amended March 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-35 Application process

(a) Who may file. Each individual seeking public assistance, or another person authorized to act on the applicant's behalf, shall submit an application for public assistance to the department.

(b) Applications. The applicant or person authorized to act on behalf of the applicant shall sign the application. If the applicant or the applicant's representative signs by mark, the names and addresses of two witnesses shall be required. A telephonic signature, by the applicant or the applicant's authorized representative, shall be an acceptable form of attestation by the applicant when applying for public assistance and shall not be denied legal effect based solely on its format. When a telephonic signature is accepted, measures shall be taken by the department to verify the identity of each applicant. These measures shall be designed to safeguard applicants against any form of identity theft or invasion of privacy. Memoranda of understanding shall be required with any nonprofit organization that wants to assist applicants with applications for public assistance and accept telephonic signatures for those applications on behalf of the department.

(c) Interview. An interview shall be required at the time of application for food assistance and TANF assistance. An interview may be required at the time of initial application for child care assistance if information provided by the applicant is incomplete, unclear, or contradictory.

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c; effective May 1, 1981; amended May 1, 1984; amended May 1, 1988; amended July 1, 1989; amended July 1, 1997; amended, May 3, 2019.)

Kan. Admin. Regs. § 30-4-35w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-36 Redetermination of eligibility

(a) Redetermination. Redetermination shall give each recipient an opportunity to bring to the attention of the department the recipient's current situation and to give the department an opportunity to review the eligibility factors in order to determine the recipient's continuing eligibility for assistance.

(b) Interview. An interview shall be required at the time of each redetermination for food assistance and cash assistance. An interview may be required at the time of each redetermination for child care assistance if any information provided by the applicant is incomplete, unclear, or contradictory.

(c) Frequency of redetermination. A recipient's eligibility for assistance shall be redetermined as specified in this subsection. Each TANF case shall be reviewed at least once each 12 months. Each TANF caretaker relative case shall be reviewed at least once each 24 months.

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; amended May 1, 1988; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-38 Rights of applicants and recipients

(a) Right to information. Each applicant or recipient shall have the right to be provided with information concerning the types of assistance which are provided by the agency. Upon request, the agency shall furnish each applicant with information and shall explain the categories of assistance and the eligibility factors.

(b) Right to make application. Each applicant shall have the right to make application regardless of any question of eligibility or agency responsibility. The right of any individual to make application shall not be abridged.

(c) Right to private interview. Each applicant or recipient, upon request, shall have a right to a private interview when discussing individual situations with the agency.

(d) Right to an individual determination of eligibility for assistance. Each applicant or recipient shall be given an opportunity to present any request and to explain the individual's situation.

(e) Right to withdraw from program. Each applicant shall have the right to withdraw the application at any time between the date the application is signed and the date the notice of the agency's decision is mailed. Any recipient may withdraw from a program at any time.

(f) Right to prompt decision. Each applicant shall have the right to have a decision rendered on an application within 45 days of its receipt by the agency. Each recipient shall have the right to have a decision rendered on any formal request within 30 days of its receipt by the agency.

(g) Right to correct amount of assistance. Each recipient, if eligible, shall be entitled to the correct amount of assistance, based upon established budgetary standards.

(h) Right to written notification of action. Each applicant or recipient shall have the right to a written notification of agency action concerning eligibility for assistance.

(i) Right to equal treatment. Each applicant or recipient shall have the right to be treated in the same manner as other applicants or recipients who are in similar circumstances.

(j) Right to a fair hearing. Each applicant or recipient shall have the right to request a fair hearing if dissatisfied with any agency decision or lack of action in regard to the application for or receipt of assistance.

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History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective May 1, 1981; amended May 1, 1984.)

Kan. Admin. Regs. § 30-4-39 Responsibilities of applicants and recipients

Each applicant or recipient shall meet these requirements: (a) Supply, insofar as the applicant or recipient is able, information essential to the establishment of eligibility;

(b) report changes of circumstances within 10 calendar days;

(d) cooperate with the agency in establishing the paternity of a child born out of wedlock for whom assistance is claimed and in performing the following:

(1) Obtaining support payments for the applicant or recipient and for any child for whom assistance is claimed; and

(2) obtaining any other payments or property due the applicant or recipient or any child for whom assistance is claimed; and

(e) meet each applicant's or recipient's own needs insofar as that individual is capable.

This regulation shall be effective on and after October 1, 2003.

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History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, K.S.A. 39-709, and K.S.A. 39-719b; effective May 1, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended Oct. 1, 1997; amended July 1, 1998; amended Oct. 1, 2003.)

Kan. Admin. Regs. § 30-4-40 Department responsibility to applicants and recipients

(a) On the request of any applicant or recipient, the applicant's or recipient's rights and responsibilities shall be explained by the department.

(b) Each applicant and recipient shall be informed of the following:

(1) Periodic redeterminations. Periodic redeterminations of eligibility shall be made if the application is approved.

(2) Fraud. Each fraudulent application for or receipt of assistance shall be investigated and referred for legal action.

(3) Release of confidential information. Unless otherwise prohibited by other local, state, or federal law, confidential information shall be released by the department if the release is directly related to any of these duties:

(A) The administration of the public assistance program;

(B) an investigation or criminal or civil proceeding being conducted in connection with the administration of the program;

(C) the reporting of a fugitive felon's address to local, state, and federal law enforcement officials. This report shall be made only if the law enforcement official furnishes the recipient's name and social security number and satisfactorily demonstrates that the individual is a fugitive felon, that the location or apprehension of the fugitive felon is within the law enforcement officer's official duties, and that the request is made in the proper exercise of those duties;

(D) the reporting of an applicant's or recipient's intention to commit a crime to the appropriate law enforcement officials; or

(E) release of confidential information concerning applicants and recipients as authorized by state or federal law.

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c; effective May 1, 1981; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1987; amended March 1, 1997; amended Oct. 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-41 Assistance planning for TANF

(a) For the purposes of K.A.R. 30-4-50 through 30-4-98, the following terms and definitions shall apply:

(1) "Family group" means the applicant or recipient and all individuals living together in which there is a relationship of legal responsibility or a caretaker relationship. This term shall include a cohabiting boyfriend or girlfriend living with the person legally responsible for the child.

(2) "Mandatory filing unit" means all persons in the family group whose needs or resources are required to be considered in determining eligibility and amount of payment as outlined in K.A.R. 30-4-70(e) for TANF purposes. If the department is unable to determine who is required to be a member of the mandatory filing unit as a result of an applicant's or recipient's failure to cooperate in providing necessary information or in complying with an eligibility requirement that is within the applicant's or recipient's control, those persons who would otherwise be required to be in the mandatory filing unit if the applicant or recipient had cooperated shall be ineligible for assistance.

(3) "Caretaker," for TANF assistance purposes, means any of the following persons:

(A) The parent or parents, including the parent or parents of an unborn child; or

(B) the person who is assigned the primary responsibility for the care and control of the child as one of the following representatives:

(i) A guardian, conservator, or relative, as defined in K.A.R. 30-4-70(b); or

(ii) a legal custodian, when based on an approved social service plan.

Caretaker status shall be extended to the spouse of a non-parental caretaker and a cohabiting boyfriend or girlfriend living with the person legally responsible for the child.

(4) "Eligible caretaker" means a caretaker who is considered in the assistance plan with the child.

(5) "Legally responsible relative" means the person who has the legal responsibility to provide support for the person in the assistance plan.

(b) The assistance plan shall consist of those members of the mandatory filing unit and any other persons in the family group for whom assistance is requested and eligibility is determined. An individual excluded from the assistance plan shall not be eligible in a separate assistance plan.

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History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c and K.S.A. 2018 Supp. 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-88-14, July 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended July 1, 1989; amended July 1, 1991; amended Jan. 2, 1992; amended March 1, 1997; amended, May 3, 2019.)

Kan. Admin. Regs. § 30-4-41w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-50 Assistance eligibility

(a) General requirements. This regulation shall apply to the TANF and foster care programs except as noted in subsection (b) for TANF. K.A.R. 30-4-51 through 30-4-55 shall apply to all public assistance programs specified in K.A.R. 30-4-34.

(b) Time-limited assistance. A family group shall not be eligible for TANF if at least one of the following conditions is met:

(1) The family group contains at least one adult member who has received TANF, including similar assistance received in any other state, for 24 calendar months beginning on and after October 1, 1996, unless a hardship extension has been granted or certain months of TANF assistance were determined to be an exception and were not counted towards the time limit, allowing receipt of TANF until the 36-month limit is reached. A hardship extension shall be granted under any of the following conditions:

(A) The TANF recipient is a caretaker of a disabled family member living in the household. The nature and duration of the disability shall be verified by a medical professional.

(B) The TANF adult has a disability that precludes employment on a long-term basis or requires substantial rehabilitation. Verification shall be obtained from a medical professional.

(D) The family is involved with DCF prevention and protection services and has an open social service plan.

(E) A hardship is presented by the family, and a determination is made by a DCF executive review team that an additional 12 months of TANF would benefit the family.

(2) The family group contains at least one adult member who has received a Kansas diversion payment and has received TANF, including assistance similar to TANF in another state for 18 calendar months beginning on and after October 1, 1996, unless a hardship extension has been granted, allowing receipt of TANF until the 30-month limit is reached.

(3) The family group has received TANF for any 24 calendar months beginning on and after October 1, 1996, during which time one or more adult family members residing in the family group were ineligible due to the provisions of K.A.R. 30-4-54(b), K.A.R. 30-4-140(d), or subsections (c) and (d) of this regulation.

(c) Denial of assistance for fugitive felons and probation and parole violators. Assistance shall not be provided to a fugitive from justice by reason of a felony conviction or charge, or to a person who is violating a condition of probation or parole imposed under federal or state law.

(d) Requirements for special projects. Certain eligibility requirements may be waived by the secretary, and additional eligibility requirements for all, or designated areas, of the state may be adopted by the secretary for the purpose of utilizing special project funds or grants or for the purpose of conducting special demonstration or research projects.

(e) TANF suspicion-based drug testing. Suspicion-based drug testing shall be mandatory for applicants and recipients if there appears to be unlawful use of a controlled substance or controlled substance analog. The definition and list of controlled substances shall be as specified in K.S.A. 39-709(l)(9)(B) and (C), and amendments thereto.

(1) TANF assistance shall not be provided to each individual who meets any of the following conditions:

(A) Tests positive for illegal drug use;

(B) fails to complete drug testing; or

(2) The periods of ineligibility for each individual who tests positive for illegal drug use shall be as follows:

(A) For the first positive drug test, the individual shall be ineligible until the individual completes substance abuse treatment and the skills training course.

(B) For the second positive drug test, the individual shall be ineligible for one year or shall complete a substance abuse treatment program and the skills training course, whichever is later.

(3) The periods of ineligibility for each individual who fails or refuses to complete drug testing shall be as follows:

(A) For the first failure or refusal to complete drug testing, the individual shall be ineligible for six months from the date of failure or refusal. To regain eligibility for TANF, the individual shall undergo drug testing and, if necessary, complete substance abuse treatment and skills training.

(B) For the second failure or refusal to complete drug testing, the individual shall be ineligible for 12 months from the date of failure or refusal. To regain eligibility for TANF, the individual shall undergo drug testing and, if necessary, complete substance abuse treatment and the skills training course.

(4) For each positive test, failure, or refusal to test, a protective payee shall be named for the family group. Each protective payee shall be subject to suspicion-based drug testing.

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History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, K.S.A. 2018 Supp. 39-709, K.S.A. 2018 Supp. 39-709e, and K.S.A. 2018 Supp. 39-719b; effective May 1, 1981; amended May 1, 1983; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended Oct. 1, 1989; amended, T-30-10-1-96, Oct. 1, 1996; amended Jan. 17, 1997; amended March 1, 1997; amended July 1, 1998; amended Oct. 1, 2000; amended July 1, 2004; amended, May 3, 2019.)

Kan. Admin. Regs. § 30-4-50w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-51 Eligibility process

The determination of eligibility shall be based upon information provided by the applicant, the recipient, or collateral sources. If any information provided by the applicant or recipient is unclear, incomplete, conflicting, or questionable, a further review, including collateral sources, shall be required. A collateral source shall mean an individual or entity that has knowledge of, but is not part of, a household and provides written or verbal confirmation of the household's circumstances. Applicants and recipients shall be eligible for assistance only if all applicable eligibility requirements have been met.

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History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, 39-709, and 39-719b; effective May 1, 1981; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-52 Act in own behalf

(a) Emancipated minor. "Emancipated minor" means a person who is age 16 or 17 and who is or has been married, or a person who is under the age of 18 and who has acquired the rights of majority through court action.

(b) Ability to act on own behalf. Each applicant or recipient shall be legally capable of acting on that individual's own behalf. Incapacitated persons or minors shall not be eligible to receive assistance unless a caretaker applies for assistance on that person's behalf. Emancipated minors shall be eligible to receive assistance on their own behalf. Unemancipated minors shall not be deemed capable of acting on their own behalf and shall reside with a caretaker in order to be eligible for assistance, except when one of the following conditions exists.

(1) Either the parents of the minor are institutionalized or the minor has no parent who is living or whose whereabouts are known, and there is no other caretaker who is willing to assume parental control of the minor.

(2) The health and safety of the minor has or would be jeopardized by remaining in the household with the minor's parents or other caretakers.

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History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c and K.S.A. 1997 Supp. 39-709; effective May 1, 1981; amended May 1, 1984; amended Jan. 4, 1993; amended Oct. 1, 1993; amended March 1, 1997; amended Oct. 1, 1997; amended July 1, 1998.)

Kan. Admin. Regs. § 30-4-52w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 1; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-53 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by K.S.A. 1985 Supp. 39-708c; implementing K.S.A. 1985 Supp. 39-708c, 39-709; effective May 1, 1981; amended, T-84-8, April 1, 1983; amended May 1, 1983; amended, T-84-9, May 1, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-53w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-54 Citizenship, alienage, and residence

(a) Definition. For the purposes of this regulation, "resident" shall mean any person who is living in Kansas voluntarily, with no intention of presently moving from Kansas, and who is not living in Kansas for a temporary purpose.

(1) Each child living in Kansas shall be considered a resident.

(2) For TANF, each person who has entered Kansas with a job commitment or who is seeking employment in Kansas shall be considered a resident.

(b) Citizenship and alienage. Each applicant or recipient shall be a citizen of the United States or shall be an alien who meets the conditions in either paragraph (1) or paragraph (2) of this subsection.

(1) The individual entered the United States before August 22, 1996 and meets one of these conditions:

(A) Is a refugee, including persons who are Cuban or Haitian entrants or admitted as Amerasian immigrants;

(B) is granted asylum;

(D) is a lawful permanent resident;

(E) is an honorably discharged veteran or currently on active duty in the armed forces or is the spouse or unmarried dependent child of such an alien;

(F) is paroled into the United States for at least one year;

(G) is granted conditional entry; or

(H) is a person who does not meet any of the conditions listed in paragraphs (b)(1)(A)-(G) but who has been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent and entered the U.S. on or before August 22, 1996. The person shall have a pending or approved violence against women act (VAWA) case or a family-based petition before United States citizenship and immigration services (USCIS). This provision shall include the person's children.

(2) The individual entered the United States on or after August 22, 1996 and meets one of these conditions:

(A) Is a refugee, including persons who are Cuban or Haitian entrants or admitted as Amerasian immigrants;

(B) is granted asylum;

(D) is an honorably discharged veteran or currently on active duty in the armed forces or is the spouse or unmarried dependent child of such an alien;

(E) is a lawful permanent resident who has resided in the United States at least five years as required by federal law;

(F) is paroled into the United States for at least one year and has resided in the United States at least five years;

(G) is granted conditional entry and has resided in the United States for at least five years; or

(H) is a person who does not meet any of the conditions listed in paragraphs (b)(2)(A)-(G) but who has been battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent and entered the U.S. on or before August 22, 1996. The person shall have a pending or approved violence against women act (VAWA) case or a family-based petition before USCIS. This provision shall include the person's children.

(c) Residence. Each applicant or recipient shall be a Kansas resident. Temporary absence from Kansas, with subsequent returns to Kansas or intent to return when the purposes of the absence have been accomplished, shall not be considered to interrupt continuity of residence. Residence shall be considered to be maintained until abandoned or established in another state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, K.S.A. 2018 Supp. 39-709; effective May 1, 1981; amended, T-88-10, May 1, 1987; amended May 1, 1988; amended Oct. 1, 1989; amended, T-30-2-20-97, March 1, 1997; amended May 16, 1997; amended June 26, 1998; amended, May 3, 2019.)

Kan. Admin. Regs. § 30-4-54w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-55 Cooperation

(a) Establishment of eligibility. Each applicant, recipient, or ineligible caretaker shall cooperate with the agency in the establishment of eligibility as provided in K.A.R. 30-4-39. Failure to provide information necessary to determine eligibility shall render the family group ineligible for assistance. (b) Social security number. Each applicant or recipient shall provide the agency with the applicant's or recipient's social security number. Failure to provide the number, or failure to apply for a number if the applicant or recipient has not previously been issued a number, shall render the applicant or recipient ineligible for assistance.

(1) The caretaker who is applying for or receiving assistance shall cooperate with the agency in establishing the paternity of any child born out of wedlock for whom assistance is claimed, and in obtaining support payments for the caretaker and for any child for whom assistance is claimed. Failure to cooperate in any assistance program administered by the secretary in which paternity and support cooperation is required shall render the mandatory filing unit of which the child is a member ineligible for assistance unless the caretaker demonstrates good cause for refusing to cooperate. The period of ineligibility shall be as follows:

(A) For the first failure, until the caretaker cooperates; and

(B) for any subsequent failure, two months or until the person cooperates, whichever is longer.

(2) Cooperation shall include the following actions:

(A) Appearing at the local child support enforcement office, as necessary, to provide information or documentation needed to establish the paternity of a child born out of wedlock, to identify and locate the absent parent, and to obtain support payments;

(B) appearing as a witness at court or at other proceedings as necessary to achieve the child support enforcement objectives;

(C) forwarding to the child support enforcement unit any support payments received from the absent parent that are covered by the support assignment;

(D) establishing and maintaining an agreement to repay assigned support that was retained by the caretaker; and

(E) providing information, or attesting to the lack of information, under penalty of perjury.

(d) Potential resources. Each applicant or recipient shall cooperate with the agency in obtaining any resources due the applicant, recipient, or child for whom assistance is claimed and shall cooperate with the group health plan enrollment process in accordance with K.A.R. 30-6-55(f). Failure to cooperate without good cause shall render ineligible for assistance the mandatory filing unit of which the applicant, recipient, or child for whom assistance is claimed is a member.

(e) Third party resources. Each applicant or recipient shall cooperate with the agency in identifying and providing information to assist the agency in pursuing any third party who may be liable to pay for medical services under the medical assistance program. Failure to cooperate without good cause shall render the applicant or recipient ineligible for assistance.

(f) This regulation shall be effective on and after October 1, 2003.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, 39-709, and 39-719b; effective May 1, 1981; amended May 1, 1982; amended, T-87-15, July 1, 1986; amended May 1, 1987; amended Jan. 4, 1993; amended March 1, 1997; amended July 1, 1998; amended Oct. 1, 2003.)

Kan. Admin. Regs. § 30-4-55w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and 39-709, as amended by L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-56 This rule and regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-4-57 This rule and regulation shall expire on October 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-19, Oct. 29, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-84-25, Sept. 19, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-33, Dec. 1, 1986; amended May 1, 1987; amended, T-88-14, July 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended July 1, 1989; revoked Oct. 1, 1989.)

Kan. Admin. Regs. § 30-4-58 This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, K.S.A. 1988 Supp. 39-709, K.S.A. 39-719b; effective May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended, T-89-5, Jan. 21, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended Oct. 1, 1989; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-58w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and 39-709, as amended by L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-59 Strikes

(a) An applicant or recipient shall be ineligible for assistance if the person is participating in a strike. If the applicant or recipient is a legally responsible caretaker, the mandatory filing unit of which that individual is a member shall be ineligible for assistance.

(b) This regulation shall take effect on and after March 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-59w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-60 Living in a public institution

(a) Definition. "Public institution" means any institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.

(b) Living arrangement. Each applicant or recipient living in a public institution shall be ineligible for assistance, except that any otherwise eligible recipient admitted to a public institution for short term medical care or diagnosis shall be eligible for assistance, if needed, for a period not to exceed three months. Any individual who is physically residing in a jail or penitentiary or under the care, custody and control of a law enforcement official shall be ineligible unless the individual is on probation, parole, or on bail.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 39-708c; implementing K.S.A. 1983 Supp. 39-708c, 39-709, K.S.A. 39-719b; effective May 1, 1981; amended May 1, 1984.)

Kan. Admin. Regs. § 30-4-60w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and 39-709, as amended by L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-61 Supplemental security income benefits

(a) An applicant or recipient receiving supplemental security income benefits shall be ineligible for assistance. A caretaker shall not be denied eligibility for assistance for the reason that a child is receiving supplemental security income benefits. This provision shall not be applicable to a foster care child placed in a foster family home.

(b) This regulation shall take effect on and after March 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104, K.S.A. 1995 Supp. 39-709, K.S.A. 39-719b; effective May 1, 1981; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-61w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-62 This rule and regulation shall expire on October 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1988 Supp. 39-7,103; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-33, Dec. 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended July 1, 1989; revoked Oct. 1, 1989.)

Kan. Admin. Regs. § 30-4-63 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, 39-7,103; effective, T-30-7-29-88, July 29, 1988; effective Sept. 26, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended Jan. 2, 1990; amended, T-30-3-29-90, April 1, 1990; revoked, T-30-7-2-90, July 2, 1990; amended, T-30-7-2-90, July 2, 1990; revoked, T-30-8-14-90, Oct. 1, 1990; amended Oct. 1, 1990; amended Jan. 7, 1991; amended, T-30-6-10-91, July 1, 1991; amended, T-30-8-9-91, Aug. 30, 1991; amended Oct. 28, 1991; amended Oct. 1, 1993; amended Aug. 1, 1995; amended July 1, 1996; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-63w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-7,103, and K.S.A. 1994 Supp. 39-7,104, 39-7,105, and 39-7,107; effective Dec. 30, 1994; amended Aug. 1, 1995; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-64 Work program requirements for TANF

Each applicant or recipient of TANF, unless exempted, shall be required to participate in one or more components of the work program. Any exempt applicant or recipient may volunteer for participation in the program. The geographic areas in the state and the public assistance programs in which work program requirements are to be enforced shall be designated by the secretary. The administration of the work program shall be within the limits of appropriations.

(a) Exemptions. The following persons shall be exempt from the work requirements:

(1) Any person who is aged 17 or younger or who is aged 18 and working toward attainment of a high school diploma or its equivalent. This exemption shall not be claimed by a female who is pregnant or a parent of a child in the home and who has not yet attained a high school diploma or its equivalent;

(2) any person who is needed in the household because another member of the household requires the person's presence due to illness or incapacity and no other appropriate member of the household is available to provide the needed care; and

(3) any parent or other caretaker who is personally providing care for a child under the age of three months. Only one person in a case may be exempt on the basis of providing care for a child under the age of three months. This exemption shall not be claimed under any of the following circumstances:

(A) A custodial parent or pregnant woman under the age of 20 does not possess a high school diploma or its equivalent;

(B) both parents, a stepparent, a cohabiting partner, or a caretaker of the child is present and is not exempt, unsuitable, or incapable of providing child care; or

(b) Participation requirements. Each applicant or recipient shall participate in one or more components of a department-approved, work-related program directed toward the recipient's plan of self-reliance.

(1) Transportation expenses for each person participating in a work program activity in accordance with a department-approved plan;

(2) child care expenses, as necessary for the person to participate in a work program activity in accordance with a department-approved plan;

(3) education and training costs for each participant based on a department-approved plan, which may include tuition, books, and fees; and

(4) support service expenses to obtain goods and services needed to participate in an approved component.

(d) Transitional expenses. Payment for transitional expenses may be provided to each qualifying participant who loses eligibility for TANF if not otherwise disqualified. Transitional expenses may include any reasonable and necessary expenses for job retention.

(e) Penalty.

(1) A person who is required to participate in the work program shall be ineligible for assistance if one of the following conditions is met in any assistance program administered by the secretary in which work program participation is required:

(A) The person fails without good cause to cooperate in the work assessment process or participate in the program.

(B) The person refuses without good cause a bona fide referral for or offer of employment.

(D) The person is terminated from employment by voluntarily making oneself unacceptable without good cause.

(E) The person reduces earnings without good cause.

(2) The period of ineligibility shall be as follows:

(A) For the first penalty, three months and full cooperation with work program activities;

(B) for the second penalty, six months and full cooperation with work program activities;

(D) for the fourth and each subsequent penalty, 10 years.

If the person is an adult, the mandatory filing unit of which the person is a member shall also be ineligible.

(f) Good cause. Each individual who presents verification that the individual meets one or more of the following conditions shall be determined to have good cause for failing to participate in the work program:

(1) The individual is exempt from participation in the program.

(2) The individual was incapable of performing the activity as determined by the individual's case manager.

(3) Performance of the activity was so dangerous or hazardous according to occupational safety and health administration (OSHA) standards as to make a refusal to perform the activity or termination of the activity a reasonable one.

(4) Child care or day care for an incapacitated individual living in the same home is necessary for an individual to participate or continue to participate in the program, and the care is not available.

(5) The total daily commuting time to and from home to the activity to which the individual is assigned exceeds two hours, not including the transporting of a child to and from a child care facility. If a longer commuting distance is generally accepted in the community, the round trip commuting time shall not exceed the generally accepted community standards.

(6) The failure occurred in the month in which the individual's pregnancy ended or the two following months.

(7) A single custodial parent has demonstrated the inability to obtain needed child care for a child under the age of six, because of one or more of the following reasons:

(A) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site;

(B) unavailability or unsuitability of informal child care. "Informal child care" shall mean care that is legally exempt from regulation; or

(8) The individual was a victim of domestic violence, and compliance with program requirements would increase the risk of harm for the individual or any children in the individual's care.

(9) There was no bona fide offer of employment or training.

(10) The payment offered for employment was less than the federal minimum wage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c and K.S.A. 2018 Supp. 39-709; effective Oct. 1, 1989; amended Jan. 2, 1990; amended, T-30-3-29-90, April 1, 1990; revoked, T-30-7-2-90, July 2, 1990; amended, T-30-7-2-90, July 2, 1990; revoked, T-30-8-14-90, Oct. 1, 1990; amended Oct. 1, 1990; amended Jan. 7, 1991; amended, T-30-6-10-91, July 1, 1991; amended, T-30-8-9-91, Aug. 30, 1991; amended Oct. 28, 1991; amended Oct. 1, 1993; amended Aug. 1, 1995; amended July 1, 1996; amended March 1, 1997; amended July 1, 1998; amended April 1, 1999; amended Dec. 1, 1999; amended May 1, 2001; amended Jan. 1, 2007; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-64w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-7,103, and K.S.A. 1994 Supp. 39-7,104 and 39-7,105; effective Dec. 30, 1994; amended Aug. 1, 1995; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-65w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and K.S.A. 1994 Supp. 39-7,126; effective Aug. 1, 1995; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-70 Eligibility factors specific to the TAF program

To be eligible for TAF, each applicant or recipient shall meet the applicable general eligibility requirements of K.A.R. 30-4-50 and the specific eligibility requirements set forth below.

(a)(1) Child in family. To be eligible for TAF, the applicant's or recipient's family group shall include at least one eligible child. If the only child in the family group is an SSI recipient, the family group may qualify for assistance.

(2) For purposes of this regulation, "child" means a child who meets either of these requirements:

(A) is under the age of 18, including an unborn child; or

(B) is age 18 and in secondary school or working towards the attainment of a GED.

(b) Living with a caretaker. For the family group to be eligible for TAF, the eligible child or children shall be residing with one or more of these individuals:

(1) Any blood relative who is within the fifth degree of kinship to the child, including any of the following relatives:

(A) Parents;

(B) siblings;

(D) nieces;

(E) aunts;

(F) uncles; and

(G) persons of preceding generations who may be denoted by prefixes of grand, great, great-great, or great-great-great;

(2) a stepfather, stepmother, stepbrother, or stepsister;

(3) a legally adoptive parent or parents or another relative or relatives of adoptive parents as noted in paragraphs (1) or (2) above;

(4) a guardian or conservator or a legal custodian when based on an approved social service plan; or

(5) a spouse of any of those persons named in the above groups or a former spouse of any of those persons if marriage is terminated by death or divorce.

(c) Temporary absence. Any person who is out of the home temporarily for a period of 90 days or less or for employment shall remain eligible.

(d) Assignments of support. Each caretaker who is applying for or receiving TAF on his or her own behalf or on behalf of any other family member shall assign to the secretary any accrued, present, or future rights to support from any other person that the caretaker may have on his or her own behalf, or on behalf of any other family member for whom the caretaker is applying for or receiving TAF.

(e) Persons in the family group whose needs shall be considered.

(1) The needs of each child who meets the criteria of subsection (a) of this regulation and the needs of the child's parent, stepparent, or both shall be included in the determination of assistance.

(2) The needs of an eligible child's caretaker, other than a parent or stepparent, shall be considered in the determination of assistance if requested. If the caretaker's needs are included, the caretaker's spouse and any children of the caretaker who meet the criteria of subsection (a) of this regulation shall also be considered.

(3) In determining eligibility, the needs of each of the following caretakers and children shall be excluded, while the resources of these caretakers and children shall be included, unless the resources are specifically exempt:

(A) Any SSI recipient;

(B) any person who is ineligible due to a sanction;

(D) any alien who is ineligible because of the citizenship and alienage requirements or sponsorship provisions;

(E) unborn children;

(F) a teen parent, as defined in subsection (f) of this regulation; and

(G) any person denied assistance based on the provisions of K.A.R. 30-4-50(c) or (d).

(f) Teen parents under age 18. A parent under age 18 of a child at least 12 weeks of age shall not be eligible for assistance when both of these circumstances are met:

(1) The parent is unmarried.

(2) The parent has not obtained a high school diploma or its equivalent, or is not working toward attainment of a high school diploma or its equivalent.

(g) The effective date of this regulation shall be July 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1997 Supp. 39-708c; implementing K.S.A. 1997 Supp. 39-708c, K.S.A. 39-719b, K.S.A. 1997 Supp. 39-709; effective May 1, 1981; amended July 1, 1989; amended March 1, 1997; amended Oct. 1, 1997; amended July 1, 1998.)

Kan. Admin. Regs. § 30-4-70w This rule and regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-719b, and L. 1994, Chapter 265, Section 7; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-71 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by K.S.A. 1980 Supp. 39-708c; implementing K.S.A. 1980 Supp. 39-708c, 39-709, 39-719b; effective May 1, 1981; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-71w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and 39-719b; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-72 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-30-6-10-92, July 1, 1992; amended Oct. 1, 1992; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-72w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 7; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-73 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective May 1, 1981; amended, E-82-19, Oct. 29, 1981; amended May 1, 1982; amended, T-83-38, Nov. 23, 1982; amended May 1, 1983; amended July 1, 1989; amended Oct. 1, 1989; amended April 1, 1990; amended Oct. 1, 1990; amended Oct. 1, 1992; amended May 3, 1993; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-74 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-74w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 7; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-75 This rule and regulation shall expire on July 1, 1989

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended May 1, 1987; amended, T-88-14, July 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-4-78 This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1983; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-80 Eligibility factors specific to the FFP-FC program

Each child, as defined in K.A.R. 30-4-70, shall meet the eligibility requirements set forth below. In addition, if the child of an FFP-FC recipient and the FFP-FC recipient are living together in the same foster care living arrangement, the recipient's child shall be deemed to meet the eligibility requirements of the FFP-FC program. (a) General eligibility requirements. Each child shall meet the general eligibility requirements of K.A.R. 30-4-50.

(b) Removed from the home of a relative. The child shall have been removed from the home of a relative as a result of a judicial determination, or the child shall have lived with the relative within six months before the month in which the proceedings were initiated and shall have been placed in a foster home or child care facility as a result of this determination.

(c) Child in need. The child's eligibility shall be determined on a calendar-month basis. Total budgetary requirements shall be compared with total applicable income. If there is a deficit, the child shall be determined to be in need if the child owns property with a value not in excess of allowable limits.

(d) Court order. A written order of commitment shall be issued giving the secretary care, custody, and control of the child.

(e) Case plan. The child shall have a case plan designed to achieve placement in the least restrictive setting available and in close proximity to the parents' home. The case plan shall be consistent with the best interest and special needs of the child.

(f) Administrative review. The child's status shall be reviewed periodically but not less than once every six months. The review shall be open to the participation of the parents of the child. The review shall be conducted by a panel of appropriate persons. The panel shall include at least one person who is not responsible for the case management of either the child or the parents under review. The administrative review shall determine the future status of the child, including whether the child should be returned to the parent, continued in foster care for a specified period, placed for adoption, or continued in foster care on a permanent or long-term basis.

(g) Living arrangement. The child shall be living in a foster family home or a private, nonprofit child care facility. The home or facility shall be approved by the agency for placement.

(h) This regulation shall take effect on and after March 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec 104; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-88-10, May 1, 1987; amended May 1, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-85a This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by K.S.A. 1995 Supp. 39-708c; implementing K.S.A. 1995 Supp. 39-709; effective, T-84-9, March 29, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended July 1, 1989; amended Oct. 1, 1989; amended April 1, 1990; amended June 1, 1993; amended, T-30-9-16-93, Sept. 16, 1993; amended Nov. 8, 1993; amended Jan. 31, 1996; amended July 1, 1996; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-90w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Dec. 30, 1994; amended Jan. 1, 1997; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-95 Eligibility factors specific to the non-FFP-FC program

Each child shall meet the eligibility requirements set forth below to be eligible for the non-FFP-FC program. (a) A written order of commitment without guardianship shall have been issued giving the secretary care, custody, and control of the child.

(b) The child shall meet one of the following conditions:

(1) Is under the age of 18;

(2) Is under the age of 21 and a full-time student in a secondary school or equivalent level of vocational or technical training; or

(3) Is under the age of 21 and participating in an approved independent living plan.

(d) The child shall be in need. The child's eligibility shall be determined on a calendar-month basis. Total budgetary requirements shall be compared with total applicable income. If there is a deficit, the child shall be determined to be in need if the child owns property with a value not in excess of allowable limits.

(e) This regulation shall take effect on and after March 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104, and K.S.A. 1995 Supp. 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended Sept. 26, 1988; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-98 Funeral assistance

Assistance may be provided for funeral expenses upon the death of a recipient at the discretion of the secretary.

(a) Funeral expenses. Funeral expenses may include the cost of any of the following, based on available resources and the requirements in this regulation:

(1) The preparation of the body;

(2) a minimal casket or urn;

(3) the transportation of the body within Kansas; or

(4) a cremation.

(b) Application. Each request for funeral assistance shall be made within six months after either the date of death or the date on which the body is released by a county coroner, whichever is later.

(1) If a decedent, at the time of death, was not living with a child of the decedent who was under the age of 21, the spouse of the decedent, or an adult disabled child of the decedent, the total estate of the decedent shall be considered available. This provision shall not be applicable in situations in which there were separate living arrangements because of the need for institutional care. The estate shall not be allowed any exemptions.

(2) Eligibility for assistance shall be based on the assets owned by the family group at the time of the decedent's death, under either of the following circumstances:

(A) At the time of death, the decedent was living with a child of the decedent who was under the age of 21, the spouse of the decedent, or an adult disabled child of the decedent, or the decedent was a child under the age of 21 living with the parent of the decedent.

(B) There were living arrangements separate from one of the persons specified in paragraph (c)(2)(A) because of the need for institutional care.

(3) The total amount of proceeds on any life insurance policy on the decedent shall be considered available if the policy was owned by the decedent, the spouse of the decedent, or, if the decedent was a child under the age of 21, the parent of the decedent.

(4) Death benefits from SSA, VA, railroad retirement, KPERS, and any other burial funds shall be considered available.

(d) Resource limit. If the value of the resources considered available in accordance with subsection (c) does not exceed $2,000, funeral assistance may be provided.

If the resource value exceeds $2,000, the decedent shall be ineligible for funeral assistance.

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History

History: (Authorized by and implementing K.S.A. 2018 Supp. 39-708c and K.S.A. 39-713d; effective Aug. 11, 2006; amended Jan. 1, 2008; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-100 Payment standards for the TANF and foster care programs

(a) The basic and shelter standards in K.A.R. 30-4-101 and 30-4-102, and the designated special requirements in K.A.R. 30-4-120, shall be used in determining the total benefit amount for the TANF and foster care programs. An applicant or recipient shall not be eligible to have a standard included in the computation of the applicant's or recipient's benefit amount if the department or another state's assistance program has issued the applicant or recipient a payment for the same maintenance items in the same calendar month.

(b) The benefit amount for the TANF and foster care programs shall be based upon the total number of persons in each assistance plan.

(1) The basic standard and 100% of the shelter standard shall be used under each of the following circumstances:

(A) All persons in the home are in the same assistance plan.

(B) The only person in the home not in the plan is an SSI recipient to whom the one-third SSI reduction is applied because the person lives in the household and receives support and maintenance in kind.

(C) There is a bona fide commercial landlord-tenant relationship between the family group and the other persons in the home.

(D) All persons in the plan are in a commercial board and room or commercial room-only living arrangement or are residing in nonmedical living arrangements that are publicly funded or are funded by not-for-profit agencies or organizations, including temporary homeless shelters, alcohol or drug abuse treatment facilities, and shelters for battered persons.

(2) The basic standard, plus a percentage reduction of the shelter standard, shall be used when there are one or more persons residing in the home who are not included in the assistance plan, except as specified in paragraphs (b)(1) (B), (C), and (D). The percentage reduction shall be as follows:

(A) 60% reduction for one person in the plan;

(B) 50% reduction for two persons in the plan;

(D) 35% reduction for four persons in the plan;

(E) 30% reduction for five persons in the plan; and

(F) 20% reduction for six or more persons in the plan.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, K.S.A. 2018 Supp. 39-709; effective May 1, 1981; amended, T-84-8, April 1, 1983; amended May 1, 1983; amended, T-84-9, May 1, 1983; amended May 1, 1984; amended, T-86-19, July 1, 1985; amended May 1, 1986; amended, T-88-14, July 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended July 1, 1989; amended March 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-100w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 359, Section 1; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-101 Standards for persons in own home, other family home, specialized living, commercial board and room, or commercial room-only living arrangements

A monetary standard shall be deemed to address the costs of day-to-day expenses and certain special expenditures. (a) Basic standard. The basic standards shall be those set forth below. The basic standards include $18.00 per person as an energy supplement.

(b) Shelter standard. A standard has been established for shelter based on location in the state. The shelter standards shall be those set forth below for each county.

***** Authenticated Kansas Administrative Regulation *****

PERSONS IN PLAN 1 | 2 | 3 | 4 $132.00 | $217.00 | $294.00 | $362.00 For each additional person, add $61.00.

History

History: (Authorized by K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Chapter 229, Section 104; implementing K.S.A. 1995 Supp. 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-85-19, July 1, 1984; amended May 1, 1985; amended, T-86-19, July 1, 1985; amended, T-86-42, Jan. 1, 1986; amended May 1, 1986; amended, T-87-15, July 1, 1986; amended, T-88-2, Feb. 1, 1987; amended May 1, 1987; amended, T-88-10, May 1, 1987; amended, T-88-14, July 1, 1987; amended May 1, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended, T-30-5-1-90, May 1, 1990; amended, T-30-8-28-90, Aug. 30, 1990; amended, T-30-12-28-90, Dec. 28, 1990; amended April 1, 1991; amended, T-30-6-10-91, July 1, 1991; amended Oct. 28, 1991; amended, T-30-6-10-92, July 1, 1992; amended Oct. 1, 1992; amended Oct. 13, 1995; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-102 Standards for children in foster care

The standards below shall be used for children in foster care. (a) The cost of care for any child placed in a care facility shall be an amount established by the secretary.

(b) The foster care standards shall also be used to meet the maintenance needs of a child of a foster care recipient if the recipient and the child are living together in the same foster care living arrangement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; implementing K.S.A. 39-708c, amended by L. 1996, Ch. 229, Sec. 104, K.S.A. 1995 Supp. 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended, T-84-8, April 1, 1983; amended, T-84-9, May 1, 1983; amended, T-84-11, July 1, 1983; amended May 1, 1984; amended, T-85-19, July 1, 1984; amended May 1, 1985; amended, T-86-19, July 1, 1985; amended, T-86-42, Dec. 18, 1985; amended May 1, 1986; amended, T-87-44, Jan. 1, 1987; amended, T-88-10, May 1, 1987; amended, T-88-14, July 1, 1987; amended May 1, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended, T-30-2-28-90, Jan. 2, 1990; amended May 1, 1990; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-105 This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1982 Supp. 39-708c; implementing K.S.A. 1982 Supp. 39-708c, 39-709; effective May 1, 1981; amended May 1, 1983; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-105w This rule and regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Sections 5, 8, and 13; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-106 General rules for consideration of resources, including real property, personal property, and income

(a) For purposes of determining eligibility for assistance, ownership of property shall be determined by legal title. In the absence of a legal title, ownership shall be determined by possession.

(b) Resources, to be real, shall be of a nature that the value can be defined and measured. The value of resources shall be established by the objective measurements set forth in paragraphs (1) and (2) below.

(1) Real property. The value of real property shall be initially determined by the latest uniform statewide appraisal value of the property, which shall be adjusted to reflect current market value. If the property has not been appraised or if the market value as determined above is not satisfactory to the applicant or recipient or the agency, an estimate or appraisal of its value shall be obtained from a disinterested real estate broker. The cost of obtaining an estimate or appraisal shall be borne by the agency.

(2) Personal property. The market value of personal property shall be initially determined by a reputable trade publication. If a publication is not available, or if there is a difference of opinion regarding the value of the property between the applicant or recipient and the agency, an estimate from a reputable dealer shall be used. The cost of obtaining an estimate or appraisal shall be borne by the agency.

(c) Resources shall be considered available both when actually available and when the applicant or recipient has the legal ability to make them available. A resource shall be considered unavailable when there is a legal impediment that precludes the disposal of the resource. The applicant or recipient shall pursue reasonable steps to overcome the legal impediment unless it is determined that the cost of pursuing legal action would exceed the resource value of the property or that it is unlikely the applicant or recipient would succeed in the legal action.

(d) The resource value of property shall be that of the applicant's or recipient's equity in the property. Unless otherwise established, the proportionate share of jointly owned real property and the full value of jointly owned personal property shall be considered available to the applicant or recipient. Resources held jointly with a non-legally responsible person may be excluded from consideration if the applicant or recipient can demonstrate that the applicant or recipient has no ownership interest in the resource, that the applicant or recipient has not contributed to the resource, and that any access to the resource by the applicant or recipient is limited to acting as an agent for the other person.

(e) Except as provided in subsection (h) and (l), nonexempt resources of all persons in the assistance plan and the nonexempt resources of persons who have been excluded from the assistance plan pursuant to K.A.R. 30-4-70(e)(3) and 30-4-90(a)(3) shall be considered.

(f) Except as provided in subsection (h), the combined resources of husband and wife, if they are living together, shall be considered in determining the eligibility of either or both for assistance, unless otherwise prohibited by law. A husband and wife shall be considered to be living together if they are regularly residing in the same household. Temporary absences of one of the couple for education or training, working, securing medical treatment, or visiting shall not be considered to interrupt the couple's living together.

(g) Despite subsections (e) and (f), the resources of an SSI beneficiary shall not be considered in the determination of eligibility for assistance of any other person, except for funeral assistance.

(h) The resources of an alien sponsor and the sponsor's spouse shall be considered in determining eligibility for the alien.

(i) A conversion of real or personal property from one form of a resource to another shall not be considered as income for the applicant or recipient except for the proceeds from a contract for the sale of property.

(j) Income shall not be considered both as income and as property in the same month.

(k) Despite subsection (e) above, the resources of a child whose needs are met through foster care payments shall not be considered.

(l) This regulation shall take effect on and after October 1, 1997.

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History

History: (Authorized by K.S.A. 1996 Supp. 39-708c; implementing K.S.A. 1996 Supp. 39-708c, 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-20, Sept. 1, 1986; amended May 1, 1987; amended, T-88-14, July 1, 1987; amended, T-88-59, Jan. 1, 1988; amended May 1, 1988; amended, T-89-13, April 26, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended March 1, 1997; amended Oct. 1, 1997.)

Kan. Admin. Regs. § 30-4-106w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-107 Property exemption

Any assistance family may own otherwise nonexempt real or personal property with an aggregate resource value that shall not exceed the amounts prescribed by the secretary of the United States department of health and human services pursuant to 7 U.S.C. 2014(c). Ownership of property with a resource value in excess of this amount shall render the assistance family group ineligible for assistance. However, if there is ineligibility due to excess real property, assistance shall be provided for a period of up to nine months if the applicant or recipient is making a bona fide and documented effort to dispose of the property.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, 39-709; effective May 1, 1981; amended May 1, 1983; amended, T-84-25, Sept. 19, 1983; amended May 1, 1984; amended, T-85-33, Dec. 19, 1984; amended May 1, 1985; amended Oct. 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-108 Real property

(a) Definitions.

(1) "Home" means the house or shelter in which the applicant or recipient is living or from which the applicant or recipient is temporarily absent, as well as the tract of land and contiguous tracts of land upon which the house and other improvements essential to the use or enjoyment of the home are located. Tracts of land shall be considered to be contiguous if lying side by side, except for streets, alleys, or other easements. The home shall not include pieces of property that touch only at the corners.

(2) "Other real property" means any of the following types of property:

(A) real property other than a home;

(B) a home from which an applicant or recipient has been temporarily absent for at least 12 months; or

(b) Treatment of real property. The equity value of non-exempt real property shall be considered as a resource.

(1) The home;

(2) other real property that is essential for employment or self-employment; and

(3) other real property that is producing income consistent with its fair market value.

(d) This regulation shall take effect on and after March 1, 1997.

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History

History: (Authorized by K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104, K.S.A. 1995 Supp. 39-709; effective May 1, 1981; amended, E-82-19, Oct. 29, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1988; amended Sept. 26. 1988; amended March 1, 1997.)

Kan. Admin. Regs. § 30-4-109 Personal property

(a) Definitions for TANF and food assistance programs.

(1) "Cash assets" shall mean money, investments, and cash surrender or loan values of life insurance policies, trust funds, and similar items on which a determinate amount of money can be realized.

(2) "Personal property" shall mean personal effects, household equipment and furnishings, home produce, livestock, equipment, vehicles, inventory, contracts from the sale of property, and similar items on which a determinate amount of money can be realized. This term shall not include real property.

(b) Treatment of personal property. Personal property, unless exempted, shall be considered a resource.

(c) Exempted personal property. The resource value of the following classifications of personal property shall be exempt:

(1) Privately owned personal effects, including clothing and jewelry worn by or carried on an individual;

(2) household equipment and furnishings in use or only temporarily not in use;

(3) tools in use and necessary for the maintenance of house or garden;

(4) income-producing property, other than cash assets, that is essential for employment or self-employment or that is producing income consistent with its fair market value. Income-producing property may include tools, equipment, machinery and livestock;

(5) the stock and inventory of any self-employed person that are reasonable and necessary in the production of goods or services;

(6) items for home consumption, which shall consist of the following:

(A) Produce from a small garden consumed from day to day and any excess that can be canned or stored; and

(B) a small flock of fowl or livestock that is used to meet the food requirements of the family;

(7) one motor vehicle, regardless of the value of the vehicle. Each additional motor vehicle used by the applicant, the applicant's spouse, or the applicant's cohabiting partner used for the primary purpose of earning income shall also be exempt. Nonexempt vehicles shall be considered in the resource limit. Nonexempt vehicles shall include any equity in any boat, personal watercraft, recreational vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined by K.S.A. 8-126 and amendments thereto;

(8) cash assets that are traceable to income exempted as income and as a cash asset;

(9) proceeds from the sale of a home if the proceeds are conserved for the purchase of a new home and the funds so conserved are expended or committed to be expended in the month received or in the following month;

(10) burial plots and funeral agreements that meet conditions established by the secretary of the United States department of health and human services and approved by the secretary of the department for children and families;

(11) any contract for the sale of property, if the proceeds from the contract are considered as income;

(12) escrow accounts established for families participating in the family self-sufficiency program through the department of housing and urban development. Interest earned on the accounts shall also be exempted as income;

(13) the cash value of any life insurance policy; and

(14) learning quest and other 529 educational savings plans.

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History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended Oct. 1, 1992; amended March 1, 1997; amended Oct. 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-109w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-110 Income

(a) Definitions.

(1) "Earned income" means income, in cash or in kind, that an applicant or recipient currently earns, through the receipt of wages, salary, or profit, from activities in which the individual engages as an employer or as an employee with responsibilities that necessitate continuing activity on the individual's part.

(2) "Unearned income" means all income not earned.

(3) "Lump sum" means a nonrecurring payment.

(b)(1) The following types of income shall be excluded from total income:

(A) Income-producing costs of the self-employed listed in K.A.R. 30-4-111(d);

(B) the income of a child received from a youth program funded by the job training partnership act of 1982, as specified in K.A.R. 30-4-113(i); and

(C) the earned income of a child as defined in K.A.R. 30-4-70(a)(2) who is a student in elementary or secondary school or who is working towards attainment of a G.E.D.

(2) For purposes of this regulation, total income shall be regarded as the sum of all earned income, or adjusted gross income of the self-employed, with no exemptions, all nonexempt, unearned income and nonexempt, current support payments received and reported by the child support enforcement office.

(1) A prospective or income-average budgetary method shall be used to determine eligibility and the amount of the assistance payment for persons with income.

(2) Prospective budgeting shall be used to determine initial eligibility and the amount of the assistance payment in each calendar month. The budget estimate shall reflect the income received and the income expected to be received.

(3) Intermittent income or income from self-employment shall be considered and averaged. Intermittent income shall be divided by the proper number of months to establish the monthly amount. For self-employed persons with monthly income, the income average shall be based on the income earned during two or more representative months.

(d) This regulation shall be effective on and after October 1, 2003.

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History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c and 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-84-25, Sept. 19, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended, T-88-14, July 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended March 1, 1997; amended July 1, 1997; amended July 1, 1998; amended Oct. 1, 2003.)

Kan. Admin. Regs. § 30-4-110w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-111 Income

(a) "Income" shall mean the amount of earned and unearned income that is subtracted from the benefit standard in determining the benefit amount for TANF.

(b) Earned income for persons included in the assistance plan shall equal gross earned income or the adjusted gross earned income from self-employment, less the following items:

(1) Ninety dollars for each employed person;

(2) the earned income disregard of 60 percent of the remaining income, for the following persons in a TANF or foster care assistance plan:

(A) Each applicant who had received assistance in one of the four preceding months; and

(B) each recipient; and

(3) reasonable expenses for child care or expenses for the care of an incapacitated person. The dependent shall be included in the family group before the deduction is allowed.

(c) For self-employed persons, adjusted gross earned income shall equal gross earned income less costs of the production of the income. Income-producing costs shall include only those expenses directly related to the actual production of income. A standard deduction of 25 percent of gross earned income shall be allowed for these costs. If the person wishes to claim actual costs incurred, the following shall be used by the department in calculating the cost of the production of the income:

(1) The public assistance program shall not be used to pay debts, set up an individual in business, subsidize a nonprofit activity, or treat income on the basis of internal revenue service (IRS) policies.

(2) If losses are suffered from self-employment, the losses shall not be deducted from other income, nor may a net loss of a business be considered an income-producing cost.

(3) If a business is being conducted from a location other than the applicant's or recipient's home, the expenses for business space and utilities shall be considered income-producing costs.

(4) If a business is being conducted from a person's own home, shelter and utility costs shall not be considered income-producing costs unless they are clearly distinguishable from the operation of the home.

(5) If payments increase the equity in equipment, vehicles, or other property, the payments shall not be considered income-producing costs.

(6) If equipment, vehicles, or other property is being purchased on an installment plan, the actual interest paid may be considered an income-producing cost.

(7) Depreciation on equipment, vehicles, or other property shall not be considered an income-producing cost.

(8) Insurance payments on equipment, vehicles, or other property shall be allowed if the payments directly relate to the business.

(9) Expenses for items that are reasonable and required for the business shall be considered income-producing costs.

(10) Wages and other mandated costs related to wages paid by the applicant or recipient shall be considered income-producing costs.

(d) The income for a person in the home whose income is required to be considered and who is not included in the assistance plan shall equal all nonexempt, unearned income and gross earnings, or adjusted gross earnings of the self-employed, without the application of any income disregards, unless otherwise prohibited by federal law or regulation or state or local law or regulation.

(e) The income of an alien's sponsor and the sponsor's spouse shall be considered in determining eligibility and the amount of the assistance payment for the alien.

(f) All net unearned income of persons included in the assistance plan shall be income unless exempted. Net unearned income shall equal gross unearned income less the costs of the production of the income. Income-producing costs shall include only those expenses directly related to the actual production of income. The requirements in subsection (c) regarding the calculation of income-producing costs shall apply.

(g) Each household that is ineligible for TANF due to excess income, which shall include earnings, shall be eligible for the work incentive payment for five months from the date of ineligibility for TANF.

(h) Any household that has never received TANF or a diversion payment may be eligible for the diversion payment if all of the following conditions are met:

(1) No adults in the family are receiving SSI.

(2) At least one adult in the family has employment or a valid offer of employment.

(3) The family's TANF benefit for a one-year period is not less than the diversion payment divided by 12 months.

(4) The family has a documented crisis or emergency that jeopardizes existing employment, including established self-employment, or prevents the family from accepting a valid offer of employment.

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History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c and 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-88-10, May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended Oct. 1, 1989; amended Jan. 2, 1990; amended May 1, 1991; amended, T-30-11-16-93, Dec. 1, 1993; amended Jan. 3, 1994; amended March 1, 1997; amended July 1, 1997; amended July 1, 1998; amended Jan. 1, 1999; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-111w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 13; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-112 Income exempt from consideration as income and as a cash asset

The following income shall be exempt, except as provided in K.A.R. 30-4-110(b): (a) Grants and scholarships provided for educational purposes;

(b) the value of benefits provided under the food stamp program;

(d) the value of supplemental food assistance received under the child nutrition act of 1966, as amended, and the special food service program for children under the national school lunch act, as amended;

(e) benefits received under title V, community services employment program, or title VII, nutrition program for the elderly, of the older Americans act of 1965, as amended;

(f) Indian funds distributed or held in trust, including interest and investment income accrued on such funds while held in trust and initial purchases made with such funds;

(g) distributions to natives under the Alaska native claims settlement act;

(h) payments provided to individual volunteers serving as foster grandparents, senior health aides, and senior companions, and to persons serving in the service corps of retired executives and active corps of executives under titles II and III of the domestic service act of 1973;

(i) payments to individual volunteers under title I, sec. 404(g) of Public Law 93-113 when the director of ACTION determines that the value of such payments, adjusted to reflect the number of hours such volunteers are serving, is less than the federal minimum wage;

(j) payments received under the uniform relocation assistance and real property acquisition policies act of 1970;

(k) death benefits from SSA, VA, railroad retirement, or other burial insurance policy when the benefit is used toward the cost of burial;

(l) a one-time payment or a portion of a one-time payment from a cash settlement for repair or replacement of property or for legal services, or medical costs or other required obligations to a third party, if the payment is expended or committed to be expended for the intended purpose within six months of its receipt;

(m) money that VA determines may not be used for subsistence needs held in trust by VA for a child;

(n) retroactive corrective assistance payments in the month received or in the following month;

(o) income directly provided by vocational rehabilitation;

(p) benefits from special government programs at the discretion of the secretary, including energy assistance programs.

(q) cash donations that are based on need, do not exceed $300 in any calendar quarter, and are received from one or more private, nonprofit, charitable organizations;

(r) reimbursements for out-of-pocket expenses in the month received and the following month;

(s) proceeds from any bona fide loan requiring repayment;

(t) payments granted to certain U.S. citizens of Japanese ancestry and resident Japanese aliens under Title I of Public Law 100-383;

(u) payments granted to certain Aleuts under Title II of Public Law 100-383;

(v) agent orange settlement payments;

(w) foster care and adoption support payments;

(x) the amount of any earned income tax credit received. Such credit shall not be regarded as a cash asset in the month of receipt and the following month;

(y) federal major disaster and emergency assistance and comparable disaster assistance provided by state or local government or by disaster assistance organizations in conjunction with a presidentially declared disaster;

(z) payments granted to the Aroostook Band of Micmac Indians under Public Law 102-171;

(aa) payments from the radiation exposure compensation trust fund made by the department of justice; and

(bb) special federal allowances paid monthly to children of Vietnam veterans who are born with spina bifida.

This regulation shall take effect on and after October 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1996 Supp. 39-708c; implementing K.S.A. 1996 Supp. 39-708c and 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended, T-88-14, July 1, 1987; amended May 1, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended Jan. 2, 1990; amended, T-30-7-2-90, July 2, 1990; revoked, T-30-8-14-90, Oct. 1, 1990; amended Oct. 1, 1990; amended May 1, 1991; amended July 1, 1991; amended Jan. 2, 1992; amended Oct. 1, 1992; amended Oct. 1, 1993; amended Dec. 30, 1994; amended Oct. 1, 1997.)

Kan. Admin. Regs. § 30-4-112w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 5; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-113 Exempt income

The following types of income shall be exempt in the determination of the budgetary deficit:

(a) For TANF, earned income of a child who is under the age of 19 years if the child is a student in elementary or secondary school or is working towards attainment of a GED;

(b) for food assistance, earned income of a child who is under the age of 18 years if the child is a student in elementary or secondary school or is working towards attainment of a GED;

(d) irregular, occasional, or unpredictable monetary gifts that do not exceed $50.00 per month per family group;

(e) income-in-kind;

(f) shelter cost participation payments. In shared living arrangements in which two families contribute toward the shelter obligations, any cash paid toward the shared shelter obligation by one family to the second family in the shared arrangement shall not be considered as income to the second family. This exemption shall not be applicable in a bona fide, commercial landlord-tenant arrangement;

(g) tax refunds and rebates, except for earned income tax credits in accordance with K.A.R. 30-4-112;

(h) incentive payments received by renal dialysis patients;

(i) home energy assistance furnished on the basis of need by a federally regulated or state-regulated entity whose revenues are primarily derived on a rate-of-return basis, by a private, nonprofit organization, by a supplier of home heating oil or gas, or by a municipal utility company that provides home energy;

(j) income received from the job training partnership act of 1982. However, earnings received by individuals who are participating in on-the-job training programs shall be countable unless the individual is a child;

(k) housing assistance from federal housing programs;

(l) assistance payments in the month received;

(m) support payments received following the effective date of the assignment of support rights to the department. However, a support refund disbursed by the department to the recipient or reported current support that, if prospectively treated as nonexempt income, would result in ineligibility, shall not be exempt income;

(n) up to $2,000.00 per year of income received by an individual Indian that is derived from leases or other uses of an individually owned trust or restricted lands;

(o) veterans administration (VA) payments resulting from unusual medical expenses, which shall mean expenditures exceeding five percent of the veteran's reported annual income;

(p) interest income that does not exceed $50.00 per month per family group; and

(q) the amount of any child support pass-through payment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c and 39-709; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-84-11, July 1, 1983; amended, T-84-25, Sept. 19, 1983; amended May 1, 1984; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended, T-87-15, July 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended May 1, 1991; amended July 1, 1991; amended Sept. 30, 1994; amended Dec. 30, 1994; amended March 1, 1997; amended July 1, 1997; amended Oct. 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-113w This regulation shall be revoked on and after March 1, 1997

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-120w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Dec. 30, 1994; amended August 1, 1995; amended Jan. 1, 1997; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-121 This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 39-708c; implementing K.S.A. 1983 Supp. 39-708c, 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended, T-84-30, Nov. 2, 1983; amended May 1, 1984; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-4-122a This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c, implementing K.S.A. 1992 Supp. 39-708c, 39-709, as amended by 1993 SB 317; effective, T-84-9, May 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended June 1, 1993; amended, T-30-9-16-93, Sept. 16, 1993; amended Nov. 8, 1993; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-130 Types of payments and payees

Public assistance payments shall be issued in accordance with this regulation.

(a) Money payment.

(1) Payments shall be available through the state electronic benefit transfer system or, in certain circumstances, by check or written order immediately redeemable at face value. Payments shall be made with no restriction on the use of the funds, except TANF payments.

(2) All payments shall be money payments, except for the following types of payments:

(A) Payments pursuant to the foster care programs; and

(B) work program support costs and transitional expenses in accordance with K.A.R. 30-4-64 (c) and (d).

(b) Who may receive money payments. The following persons may receive money payments:

(1) A caretaker;

(2) a recipient;

(3) a personal representative;

(4) a substitute payee;

(5) a protective payee; or

(6) an emancipated minor who meets the requirements in K.A.R. 30-4-52.

(1) If any caretaker repeatedly mismanages the money payment to the detriment of any child for whom assistance is claimed and if an approved service plan is on file, a protective payment, in lieu of a money payment to the caretaker, shall be issued to a protective payee.

(2) If a caretaker has refused to undergo drug testing or has tested positive for illegal use of a controlled substance, a protective payee shall be named to administer the caretaker's cash benefit for each remaining household member.

(d) Substitute payee.

(1) Appointment and dismissal. Each substitute payee shall be appointed as assisted by the department. The substitute payee may be terminated by the department if the payee's services are no longer needed or if the payee is not giving satisfactory service.

(2)(A) Who may be substitute payee. An individual selected to be a substitute payee may be a relative, friend, neighbor, or member of a religious or community organization. The following persons shall not serve as substitute payees:

(i) Any staff member of the department, unless there is a direct familial relationship;

(ii) the landlord, grocers, or vendors of goods or services dealing directly with the client; or

(iii) another adult residing in the household.

(e) Protective payee.

(1) A protective payee may be selected by the household. If the household does not name a suitable protective payee, the protective payee may be selected by the department.

(2)(A) Who may be a protective payee. An individual selected to be a protective payee may be a relative, friend, neighbor, or member of a religious or community organization. The following persons shall not serve as protective payees:

(i) Any staff from the department, unless there is a direct familial relationship;

(ii) the landlord, grocers, or vendors of goods or services dealing directly with the client; and

(iii) another adult residing in the household.

(B) Exception. Payments may be made to a foster parent on behalf of a minor living in a foster care home with the minor's child in order to provide TANF for the child. The foster care home shall be licensed or approved as meeting licensing standards. This provision shall not be used in any other kind of public assistance case and may continue until the minor is released from custody of the department or becomes emancipated.

(3) Criteria for selection. Each protective payee shall demonstrate the following characteristics:

(A) An interest in and concern for the welfare of the family;

(B) the ability to help the family with ordinary budgeting, experience in purchasing food, clothing, and household equipment within a limited income, and knowledge of effective household practices;

(D) the ability to maintain close contacts with the caretaker and child by virtue of living near the caretaker or having transportation available; and

(E) responsibility and dependability.

(4) Payee-recipient relationship. Any payee may make decisions about the expenditure of the assistance payment. The payee may expend the payment in any of the following ways:

(A) Spend the money for the family;

(B) supervise the recipient's use of the money; or

(C) give a portion of the money to the recipient to spend for certain expenses and pay for other expenses of the recipient.

(5) Payee-department relationship. Each payee shall ensure that the money is spent for the children's benefit. The payee's responsibility to the department shall be specified in writing with one copy for the payee and one for the department.

(A) This written agreement shall cover the following areas:

(i) The plans for accounting;

(ii) use of the assistance funds; and

(iii) reporting on the general progress made.

(B) The agreement shall be supplemented by the following:

(i) Discussions of the payee's responsibility;

(ii) a statement of the purpose of the plan;

(iii) a description of the nature and frequency of reports;

(iv) a statement of the rights of the recipient; and

(v) a statement of the confidential nature of the relationship.

(6) Periodic review of cases. Each money payment mismanagement case shall be reviewed at least every six months to determine which of the following actions will be taken:

(A) Restore the recipient to regular money payment status;

(B) continue the recipient on protective payment status; or

(i) Placement with another relative;

(ii) seeking appointment of a guardian; or

(iii) placement in a foster home.

(7) Discontinuance of protective payments. Protective payments shall be discontinued when the caretaker has demonstrated an ability to manage the money payment or after a period of two years has lapsed, whichever comes first. Payment may continue for any additional time reasonably necessary to complete a substitute plan for the care of the child.

(8) Discontinuance of protective payments. Protective payments shall be discontinued under either of the following conditions:

(A) The individual who failed to complete a drug test completes that person's period of ineligibility, submits to a drug test, and has a negative result for illegal controlled substances.

(B) The individual who tested positive for an illegal controlled substance successfully completes the requirements to regain eligibility for cash assistance.

(f) Special personal representative. A petition for the appointment of a personal representative shall be filed by the department pursuant to K.S.A. 59-2801, and amendments thereto, only if the need for an appointment is clearly established and the department has counseled the applicant or recipient concerning the money management problems. Confidential reports shall be filed by the department with the appropriate court as requested.

(1) Appointment of personal representative. A person who meets the following requirements shall be recommended to the court as a personal representative by the department:

(A) The person shall not be an employee of the department.

(B) The person shall not benefit directly from the assistance payment.

(2) Dismissal of personal representative. A recommendation to the court to dismiss a personal representative shall be made by the department if the client demonstrates that the client no longer requires a personal representative, or if the personal representative is failing to execute the responsibilities specified in this regulation, in which instance a substitute personal representative shall be recommended by the department.

(3) Responsibility of personal representative. Each personal representative shall be responsible to the court, the department, and the recipient. Each personal representative shall make an annual accounting to both the court and the department. A more frequent accounting may be required by the department or the court in the form and at the times prescribed by the department or the court. Each personal representative shall maintain a confidential relationship with the applicant or recipient and shall consult with the applicant or recipient concerning the applicant's or recipient's requirements, resources, and the use of the money payment.

(4) Periodic review. The necessity of continuing the appointment of a personal representative shall be reviewed semiannually. Consideration shall be given to whether or not the recipient's ability to manage personal affairs has improved or if other changes in the recipient's circumstances or living arrangements make it possible for the recipient to manage without the help of a personal representative.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c and K.S.A. 2018 Supp. 39-709; effective May 1, 1981; amended May 1, 1983; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended Jan. 2, 1990; amended, T-30-6-10-91, July 1, 1991; amended Oct. 1, 1993; amended July 1, 1996; amended March 1, 1997; amended May 3, 2019.)

Kan. Admin. Regs. § 30-4-130w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 59-2801 et seq., K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-4-140 Payments; penalties; enforcement

(a) Assistance payments shall equal the budgetary deficit, which shall be rounded down to the nearest dollar, except as follows:

(1) Payments for the month of application shall equal the budgetary deficit, which shall be prorated beginning with the date of application through the end of the month. This amount shall be rounded down to the nearest dollar.

(2) A payment shall not be made if the amount of the budgetary deficit is less than $10.00. If a payment is not made under this paragraph, recipient status shall continue.

(b) Overpayments shall be corrected by the end of the calendar quarter following the calendar quarter in which the overpayment was first identified. Recovery procedures shall not be initiated by the department, pending the disposition of a welfare fraud referral. Overpayments may be recovered by voluntary repayment, administrative recoupment, or legal action. The assistance payment shall be reduced for recoupment as follows:

(1) For fraud claims, by the greater of 20 percent of the household's monthly benefit or $10.00 per month; and

(2) for non-fraud claims, by the greater of 10 percent of the household's monthly benefit or $10.00 per month.

Each individual who is found to have committed fraud in the temporary assistance for needy families (TANF) program, either through an administrative disqualification hearing or by a court of appropriate jurisdiction, or who has signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in any case referred for prosecution, shall be ineligible for assistance, along with all adult household members. For the TANF program, each child shall also be ineligible if living in a household with a disqualified adult until the child moves into another qualified household, becomes an adult, or is able to act on that individual's own behalf. A protective payee shall be named pursuant to K.S.A. 39-709(b)(12)(A), and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c; implementing K.S.A. 2018 Supp. 39-708c, 39-719b; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended, T-83-38, Nov. 23, 1982; amended, T-84-8, April 1, 1983; amended May 1, 1983; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended July 1, 1989; amended May 1, 1992; amended March 1, 1997; amended July 1, 1998; amended, May 3, 2019.)

Kan. Admin. Regs. § 30-4-140w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-719b and 39-708c; effective Dec. 30, 1994; amended August 1, 1995; revoked March 1, 1997.)

Article 5 Provider Participation, Scope of Services, and Reimbursements for the Medicaid (Medical Assistance) Program

Kan. Admin. Regs. § 30-5-58 Definitions

The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise.

(a) "Accept medicare assignment" means the provider will accept the medicare-allowed payment rate as payment in full for services provided to a recipient.

(b) "Accrual basis accounting" means that revenue of the provider is reported in the period in which it is earned, regardless of when it is collected, and expenses are reported in the period in which they are incurred, regardless of when they are paid.

(c) "Acquisition cost" means the allowable reimbursement price for each covered drug, supply, or device as determined by the secretary in accordance with federal regulations.

(d) "Admission" means entry into a hospital for the purpose of receiving inpatient medical treatment.

(e) "Agency" means the department of social and rehabilitation services.

(f) "Ambulance" means a state-licensed vehicle equipped for emergency transportation of injured or sick recipients to facilities where medical services are rendered.

(g) "Arm's-length transaction" means a transaction between unrelated parties.

(h) "Border cities" means those communities outside of the state of Kansas but within a 50-mile range of the state border.

(i) "Capitated managed care" means a type of managed care plan that uses a risk-sharing reimbursement method whereby providers receive fixed periodic payments for health services rendered to plan members. Capitated fees shall be set by contract with providers and shall be paid on a per person basis regardless of the amount of services rendered or costs incurred.

(j) "Capitation reimbursement" means a reimbursement methodology establishing payment rates, per program consumer or eligible individual, for a designated group of services.

(k) "Case conference" means a scheduled, face-to-face meeting involving two or more persons to discuss problems associated with the treatment of the facility's patient or patients. Persons involved in the case conference may include treatment staff, or other department representatives of the client or clients.

(l) "Change of ownership" means a change that involves the following:

(1) An arm's-length transaction between unrelated parties; and

(2)(A) The dissolution or creation of a partnership when no member of the dissolved partnership or the new partnership retains ownership interest from the previous ownership affiliation;

(B) a transfer of title and property to another party if the property is owned by a sole proprietor;

(D) a consolidation of two or more corporations that creates a new corporate entity. The transfer of participating provider corporate stock shall not in itself constitute a change of ownership. A merger of one or more corporations with a participating provider corporation surviving shall not constitute a change of ownership.

(m) "Common control" means that an individual or organization has the power, directly or indirectly, to significantly influence or direct the actions or policies of an organization or facility.

(n) "Common ownership" means that an entity holds a minimum of five percent ownership or equity in the provider facility and in the company engaged in business with the provider facility.

(o) "Comparable outpatient service" means a service that is provided in a hospital and that is comparable to a service provided in a physician's office or ambulatory surgical center.

(p) "Concurrent care" means services rendered simultaneously by two or more eligible providers.

(q) "Consultation" means an evaluation that requires another examination by a provider of the same profession, a study of records, and a discussion of the case with the physician primarily responsible for the patient's care.

(r) "Contract loss" means the excess of contract cost over contract income.

(s) "Cost and other accounting information" means adequate data, including source documentation, that is accurate, current, and in sufficient detail to accomplish the purposes for which it is intended. Source documentation, including petty cash payout memoranda and original invoices, shall be valid only if it originated at the time and near the place of the transaction. In order to provide the required cost data, financial and statistical records shall be maintained in a consistent manner. This requirement shall not preclude a beneficial change in accounting procedures when there is a compelling reason to effect a change of procedure.

(t) "Cost finding" means the process of recasting the data derived from the accounts ordinarily kept by a provider to ascertain costs of the various types of services rendered.

(u) "Cost outlier" means a general hospital inpatient stay with an estimated cost that exceeds the cost outlier limit established for the respective diagnosis-related group.

(v) "Cost outlier limit" means the maximum cost of a general hospital inpatient stay established according to a methodology specified by the secretary for each diagnosis-related group.

(w) "Cost-related reimbursement" means reimbursement based on analysis and consideration of the historical operating costs required to provide specified services.

(x) "Costs not related to patient care" means costs that are not appropriate, necessary, or proper in developing and maintaining the facility's operations and activities. These costs shall not be allowed in computing reimbursable costs under cost-related reimbursement.

(y) "Costs related to patient care" means all necessary and proper costs arising from arm's-length transactions in accordance with generally accepted accounting principles that are appropriate and helpful in developing and maintaining the operation of patient care facilities and activities.

(z) "Covered service" means a medical service for which reimbursement will be made by the medicaid/medikan program. Coverage may be limited by the secretary through prior authorization requirements.

(aa) "Day outlier" means a general hospital inpatient length of stay that exceeds the day outlier limit established for the respective diagnosis-related group.

(bb) "Day outlier limit" means the maximum general hospital inpatient length of stay established according to a methodology specified by the secretary for each diagnosis-related group.

(cc) "Diagnosis-related group" or "DRG" means the classification system that arranges medical diagnoses into mutually exclusive groups.

(dd) "Diagnosis-related group adjustment percent" or "DRG adjustment percent" means a percentage assigned by the secretary to a diagnosis-related group for purposes of computing reimbursement.

(ee) "Diagnosis-related group daily rate" or "DRG daily rate" means the dollar amount assigned by the secretary to a diagnosis-related group for purposes of computing reimbursement when a rate per day is required.

(ff) "Diagnosis-related group reimbursement system" or "DRG reimbursement system" means a reimbursement system in the Kansas medicaid/ medikan program for general hospital inpatient services that uses diagnosis-related groups for determining reimbursement on a prospective basis.

(gg) "Diagnosis-related group weight" or "DRG weight" means the numeric value assigned to a diagnosis-related group for purposes of computing reimbursement.

(hh) "Discharge" means release from a hospital. A discharge shall occur when the consumer leaves the hospital or dies. A transfer to another unit within a hospital, except to a swing bed, and a transfer to another hospital shall not be a discharge.

(ii) "Discharging hospital" means, in instances of the transfer of a consumer, the hospital that discharges the consumer admitted from the last transferring hospital.

(jj) "Dispensing fee" means the reimbursement rate assigned to each individual pharmacy provider for the provision of pharmacy services involved in dispensing a prescription.

(kk) "Disproportionate share hospital"means a hospital that has the following:

(1) Either a low-income utilization rate exceeding 25 percent or a medicaid/medikan hospital inpatient utilization rate of at least one standard deviation above the mean medicaid/medikan inpatient utilization rate for hospitals within the state borders of Kansas that are receiving medicaid/ medikan payments; and

(2) at least two obstetricians with staff privileges at the hospital who have agreed to provide obstetric services to medicaid/medikan eligible individuals. In a hospital located in a rural area, the obstetrician may be any physician with staff privileges at the hospital who performs nonemergency obstetric procedures. The only exceptions to this requirement shall be the following:

(A) A hospital with inpatients who are predominantly under 18 years of age; or

(B) a hospital that did not offer nonemergency obstetric services as of December 21, 1987.

(ll) "Drug, supply, or device" means the following:

(1) Any article recognized in the official United States pharmacopoeia, another similar official compendium of the United States, an official national formulary, or any supplement of any of these publications;

(2) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings;

(3) any article intended to affect the structure or any function of the bodies of human beings; and

(4) any article intended for use as a component of any article specified in paragraphs (1), (2), or (3) above.

(mm) "Durable medical equipment" or "DME" means equipment that meets these conditions:

(1) Withstands repeated use;

(2) is not generally useful to a person in the absence of an illness or injury;

(3) is primarily and customarily used to serve a medical purpose;

(4) is appropriate for use in the home; and

(5) is rented or purchased as determined by designees of the secretary.

(nn) "Election period" means the period of time for the receipt of hospice care, beginning with the first day of hospice care as provided in the election statement and continuing through any subsequent days.

(oo) "Election statement" means the revokable statement signed by a consumer that is filed with a particular hospice and that consists of the following:

(1) Identification of the hospice selected to provide care;

(2) acknowledgment that the consumer has been given a full explanation of hospice care;

(3) acknowledgment by the consumer that other medicaid services are waived;

(4) the effective date of the election period; and

(5) the consumer's signature or the signature of the consumer's legal representative.

(pp) "Emergency services" means those services provided after the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

(1) Serious jeopardy to the patient's health;

(2) serious impairment to bodily functions; or

(3) serious dysfunction of any bodily organ or part.

(qq) "Estimated cost" means the cost of general hospital inpatient services provided to a consumer, as computed using a methodology set out in the Kansas medicaid state plan.

(rr) "Formulary" means a listing of drugs, supplies, or devices.

(ss) "Free-standing inpatient psychiatric facility" means an inpatient psychiatric facility licensed to provide services only to the mentally ill.

(tt) "General hospital" means an establishment that provides an organized medical staff of physicians, permanent facilities that include inpatient beds, and medical services. The medical services provided by the hospital shall include the following:

(1) Physician services;

(2) continuous registered professional nursing services for 24 hours each day; and

(3) diagnosis and treatment for nonrelated patients who have a variety of medical conditions.

(uu) "General hospital group" means the category to which a general hospital is assigned for purposes of computing reimbursement.

(vv) "General hospital inpatient beds" means the number of beds reported by a general hospital on the hospital and hospital health care complex cost report form, excluding those beds designated as skilled nursing facility or intermediate care facility beds. For hospitals not filing the hospital and hospital health care complex cost report form, the number of beds shall be obtained from the provider application for participation in the Kansas medicaid/medikan program form.

(ww) "Generally accepted accounting procedures" means generally accepted accounting principles, except as otherwise specifically indicated by medicaid/medikan program policies and regulations. These principles shall not supersede any specific regulation or policy of the medicaid/medikan program.

(xx) "Group reimbursement rate" means the dollar value assigned by the secretary to each general hospital group for a diagnosis-related group weight of one.

(yy) "Health maintenance organization" means an organization of providers of designated medical services that makes available and provides these medical services to eligible enrolled individuals for a fixed periodic payment determined in advance and that limits referral to outside specialists.

(zz) "Historical cost" means actual allowable costs incurred for a specified period of time.

(aaa) "Hospice" means a public agency, private organization, or a subdivision of either, that primarily engages in providing care to terminally ill individuals, meets the medicare conditions of participation for hospices, and has enrolled to provide hospice services as provided in K.A.R. 30-5-59.

(bbb) "Hospital located in a rural area" means a facility located in an area outside of a metropolitan statistical area as defined in paragraph (sss).

(ccc) "Independent laboratory" means a laboratory that performs laboratory tests ordered by a physician and that is in a location other than the physician's office or a hospital.

(ddd) "Ineligible provider" means a provider who is not enrolled in the medicaid/medikan program because of reasons set forth in K.A.R. 30-5-60, or because of commission of civil or criminal fraud in another state or another program.

(eee) "Interest expense" means the cost incurred for the use of borrowed funds on a loan made for a purpose related to patient care.

(fff) "Kan Be Healthy program participant" means an individual under the age of 21 who is eligible for medicaid, and who has undergone a Kan Be Healthy medical screening in accordance with a specified screening schedule. The medical screening shall be performed for the following purposes:

(1) To ascertain physical and mental defects; and

(2) to provide treatment that corrects or ameliorates defects and chronic conditions that are found.

(ggg) "Kan Be Healthy dental-only participant" means an individual under the age of 21 who is eligible for medicaid, and has undergone only a Kan Be Healthy dental screening in accordance with a specified screening schedule. The dental screening shall be performed for the following purposes:

(1) To ascertain dental defects; and

(2) to provide treatment that corrects or ameliorates dental defects and chronic dental conditions that are found.

(hhh) "Kan Be Healthy vision-only participant" means an individual under the age of 21 who is eligible for medicaid, and who has undergone only a Kan Be Healthy vision screening in accordance with a specified screening schedule. The vision screening shall be performed for the following purposes:

(1) Ascertain vision defects; and

(2) provide treatment that corrects or ameliorates vision defects and chronic vision conditions that are found.

(iii) "Length of stay as an inpatient in a general hospital" means the number of days an individual remains for treatment as an inpatient in a general hospital from and including the day of admission, to and excluding the day of discharge.

(jjj) "Lock-in" means the restriction, through limitation of the use of the medical identification card to designated medical providers, of a consumer's access to medical services because of abuse.

(kkk) "Low-income utilization rate for hospitals" means the rate that is defined in accordance with section 1923 of the social security act, codified at 42 U.S.C. 1396r-4, as amended by section 1(a)(6) of the consolidated appropriations act, 2001 P.L. 106-554, which enacted into law Section 701 of H.R. 5661, the medicare, medicaid, and SCHIP benefits improvement and protection act of 2000, effective December 21, 2000, which is adopted by reference.

(lll) "Managed care" means a system of managing and financing health care delivery to ensure that services provided to managed care plan members are necessary, efficiently provided, and appropriately priced.

(mmm) "Managerial capacity" means the authority of an individual, including a general manager, business manager, administrator or director, who performs the following functions:

(1) Exercises operational or managerial control over the provider; or

(2) directly or indirectly conducts the day-to-day operations of the provider.

(nnn) "Maternity center" means a facility licensed as a maternity hospital that provides delivery services for normal, uncomplicated pregnancies.

(ooo)(1) "Medical necessity" means that a health intervention is an otherwise covered category of service, is not specifically excluded from coverage, and is medically necessary, according to all of the following criteria:

(A) "Authority." The health intervention is recommended by the treating physician and is determined to be necessary by the secretary or the secretary's designee.

(B) "Purpose." The health intervention has the purpose of treating a medical condition.

(C) "Scope." The health intervention provides the most appropriate supply or level of service, considering potential benefits and harms to the patient.

(D) "Evidence." The health intervention is known to be effective in improving health outcomes. For new interventions, effectiveness shall be determined by scientific evidence as provided in paragraph (ooo)(3). For existing interventions, effectiveness shall be determined as provided in paragraph (ooo)(4).

(E) "Value." The health intervention is cost-effective for this condition compared to alternative interventions, including no intervention. "Cost-effective" shall not necessarily be construed to mean lowest price. An intervention may be medically indicated and yet not be a covered benefit or meet this regulation's definition of medical necessity. Interventions that do not meet this regulation's definition of medical necessity may be covered at the choice of the secretary or the secretary's designee. An intervention shall be considered cost effective if the benefits and harms relative to costs represent an economically efficient use of resources for patients with this condition. In the application of this criterion to an individual case, the characteristics of the individual patient shall be determinative.

(2) The following definitions shall apply to these terms only as they are used in this subsection (ooo);

(A) "Effective" means that the intervention can be reasonably expected to produce the intended results and to have expected benefits that outweigh potential harmful effects.

(B) "Health intervention" means an item or service delivered or undertaken primarily to treat a medical condition or to maintain or restore functional ability. For this regulation's definition of medical necessity, a health intervention shall be determined not only by the intervention itself, but also by the medical condition and patient indications for which it is being applied.

(C) "Health outcomes" means treatment results that affect health status as measured by the length or quality of a person's life.

(D) "Medical condition" means a disease, illness, injury, genetic or congenital defect, pregnancy, or a biological or psychological condition that lies outside the range of normal, age-appropriate human variation.

(E) "New intervention" means an intervention that is not yet in widespread use for the medical condition and patient indications under consideration.

(F) "Scientific evidence" means controlled clinical trials that either directly or indirectly demonstrate the effect of the intervention on health outcomes. However, if controlled clinical trials are not available, observational studies that demonstrate a causal relationship between the intervention and health outcomes may be used. Partially controlled observational studies and uncontrolled clinical series may be considered to be suggestive, but shall not by themselves be considered to demonstrate a causal relationship unless the magnitude of the effect observed exceeds anything that could be explained either by the natural history of the medical condition or potential experimental biases.

(G) "Secretary's designee" means a person or persons designated by the secretary to assist in the medical necessity decision-making process.

(H) "Treat" means to prevent, diagnose, detect, or palliate a medical condition.

(I) "Treating physician" means a physician who has personally evaluated the patient.

(3) Each new intervention for which clinical trials have not been conducted because of epidemiological reasons, including rare or new diseases or orphan populations, shall be evaluated on the basis of professional standards of care or expert opinion as described below in paragraph (ooo)(4).

(4) The scientific evidence for each existing intervention shall be considered first and, to the greatest extent possible, shall be the basis for determinations of medical necessity. If no scientific evidence is available, professional standards of care shall be considered. If professional standards of care do not exist, or are outdated or contradictory, decisions about existing interventions shall be based on expert opinion. Coverage of existing interventions shall not be denied solely on the basis that there is an absence of conclusive scientific evidence. Existing interventions may be deemed to meet this regulation's definition of medical necessity in the absence of scientific evidence if there is a strong consensus of effectiveness and benefit expressed through up-to-date and consistent professional standards of care or, in the absence of those standards, convincing expert opinion.

(ppp) "Medical necessity in psychiatric situations" means that there is medical documentation that indicates either of the following:

(1) The person could be harmful to himself or herself or others if not under psychiatric treatment; or

(2) the person is disoriented in time, place, or person.

(qqq) "Medical supplies" means items that meet these conditions:

(1) Are not generally useful to a person in the absence of illness or injury;

(2) are prescribed by a physician; and

(3) are used in the home and certain institutional settings.

(rrr) "Mental retardation" means any significant limitation in present functioning that meets these requirements:

(1) Is manifested during the period of birth to age 18;

(2) is characterized by significantly subaverage intellectual functioning as reflected by a score of two or more standard deviations below the mean, as measured by a generally accepted, standardized, individual measure of general intellectual functioning; and

(3) exists concurrently with deficits in adaptive behavior, including related limitations in two or more of the following areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure, and work.

(sss) "Metropolitan statistical area" or "MSA" means a geographic area designated as such by the United States executive office of management and budget as set out in the 64 Fed. Reg. 202, pp. 56628-56644, October 20, 1999, and 65 Fed. Reg. 249, pp. 82228-82238, December 27, 2000 which are adopted by reference.

(ttt) "Necessary interest" means interest expense incurred on a loan made to satisfy a financial need of the facility. A loan that results in excess funds or investments shall not be considered necessary.

(uuu) "Net cost" means the cost of approved educational activities, less any reimbursements from the following:

(1) Grants;

(2) tuition; and

(3) specific donations.

(vvv) "Non-covered services" means services for which medicaid/medikan will not provide reimbursement, including services that have been denied due to the lack of medical necessity.

(www) "Occupational therapy" means the provision of treatment by an occupational therapist registered with the American occupational therapy association. The treatment shall meet these requirements:

(1) Be rehabilitative and restorative in nature;

(2) be provided following physical debilitation due to acute physical trauma or physical illness; and

(3) be prescribed by the attending physician.

(xxx) "Organization costs" means those costs directly incidental to the creation of the corporation or other form of business. These costs shall be considered intangible assets because they represent expenditures for rights and privileges that have value to the enterprise. Because the services inherent in organization extend over more than one accounting period, the costs shall be amortized over a period of not less than 60 months from the date of incorporation for the purposes of computing reimbursable costs under a cost-related reimbursement system.

(yyy) "Orthotics and prosthetics" means devices that meet these requirements:

(1) Are reasonable and necessary for treatment of an illness or injury;

(2) are prescribed by a physician;

(3) are necessary to replace or improve functioning of a body part; and

(4) are provided by a trained orthotist or prosthetist.

(zzz) "Other developmental disability"means a condition or illness that meets the following criteria:

(1) Is manifested before age 22;

(2) may reasonably be expected to continue indefinitely;

(3) results in substantial limitations in any three or more of the following areas of life functioning:

(A) Self-care;

(B) understanding and the use of language;

(D) mobility;

(E) self-direction in setting goals and undertaking activities to accomplish those goals;

(F) living independently; or

(G) economic self-sufficiency; and

(4) reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of extended or lifelong duration and are individually planned and coordinated.

(aaaa) "Out-of-state provider" means any provider that is physically located more than 50 miles beyond the border of Kansas, except those providing services to children who are wards of the secretary. The following shall be considered out-of-state providers if they are physically located beyond the border of Kansas:

(1) Nursing facilities;

(2) intermediate care facilities;

(3) community mental health centers;

(4) partial hospitalization service providers; and

(5) alcohol and drug program providers.

(bbbb) "Outpatient treatment" means services provided by the outpatient department of a hospital, a facility that is not under the administration of a hospital, or a physician's office.

(cccc) "Over-the-counter" means any item available for purchase without a prescription order.

(dddd) "Owner" means a sole proprietor, member of a partnership, or a corporate stockholder with five percent or more interest in the corporation. The term "owner" shall not include minor stockholders in publicly held corporations.

(eeee) "Partial hospitalization program" means an ambulatory treatment program that includes the major diagnostic, medical, psychiatric, psychosocial, and daily living skills treatment modalities, based upon a treatment plan.

(ffff) "Participating provider" means any individual or entity that presently has an agreement with the agency to furnish medicaid services.

(gggg) "Pharmacy" means the premises, laboratory, area, or other place meeting these conditions:

(1) Where drugs are offered for sale, the profession of pharmacy is practiced, and prescriptions are compounded and dispensed;

(2) that has displayed upon it or within it the words "pharmacist," "pharmaceutical chemist," "pharmacy," "apothecary," "drugstore," "druggist," "drugs," "drug sundries," or any combinations of these words or words of similar import; and

(3) where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" are exhibited. The term "premises" as used in this subsection refers only to the portion of any building or structure leased, used, or controlled by the registrant in the conduct of the business registered by the board at the address for which the registration was issued.

(hhhh) "Pharmacist" means any person duly licensed or registered to practice pharmacy by the state board of pharmacy or by the regulatory authority of the state in which the person is engaged in the practice of pharmacy.

(iiii) "Physical therapy" means treatment that meets these criteria:

(1) Is provided by a physical therapist registered in the jurisdiction where the service is provided or by the Kansas board of healing arts;

(2) is rehabilitative and restorative in nature;

(3) is provided following physical debilitation due to acute physical trauma or physical illness; and

(4) is prescribed by the attending physician.

(jjjj) "Physician extender" means a person registered as a physician's assistant or licensed advanced registered nurse practitioner in the jurisdiction where the service is provided, and who is working under supervision as required by law or administrative regulation.

(kkkk) "Practitioner" means any person licensed to practice medicine and surgery, dentistry, or podiatry, or any other person licensed, registered, or otherwise authorized by law to administer, prescribe, and use prescription-only drugs in the course of professional practice.

(llll) "Prescribed" means the issuance of a prescription order by a practitioner.

(mmmm) "Prescription" means either of the following:

(1) A prescription order; or

(2) a prescription medication.

(nnnn) "Prescription medication" means any drug, supply, or device that is dispensed according to a prescription order. If indicated by the context, the term "prescription medication" may include the label and container of the drug, supply, or device.

(oooo) "Prescription-only" means an item available for purchase only with a prescription order.

(pppp) "Primary care case management" or "PCCM" means a type of managed care whereby a beneficiary is assigned a primary care case manager who manages costs and quality of services by providing case assessment, primary services, treatment planning, referral, and follow-up in order to ensure comprehensive and continuous service and coordinated reimbursement.

(qqqq) "Primary diagnosis" means the most significant diagnosis related to the services rendered.

(rrrr) "Prior authorization" means the approval of a request to provide a specific service before the provision of the service.

(ssss) "Program" means the Kansas medicaid/ medikan program.

(tttt) "Proper interest" means interest incurred at a rate not in excess of what a prudent borrower would have had to pay under market conditions existing at the time the loan was made.

(uuuu) "Prospective, reasonable, cost-related reimbursement" means present and future reimbursement, based on analysis and consideration of historical costs related to patient care.

(vvvv) "Qualified medicare beneficiary" or "QMB" means an individual meeting these requirements:

(1) Who is entitled to medicare hospital insurance benefits under part A of medicare;

(2) whose income does not exceed a specified percent of the official poverty level as defined by the United States executive office of management and budget; and

(3) whose resources do not exceed twice the supplemental security income resource limit.

(wwww) "Readmission" means the subsequent admission of a consumer as an inpatient into a hospital within 30 days of discharge as an inpatient from the same or another DRG hospital.

(xxxx) "Related parties" means two or more parties to a transaction, one of which has the ability to influence the other or others in a way in which each party to the transaction might fail to pursue its own separate interests fully. Related parties shall include those related by family, business, or financial association, or by common ownership or control. Transactions between related parties shall not be considered to have arisen through arm's-length negotiations. Transactions or agreements that are illusory or a sham shall not be recognized.

(yyyy) "Related to the community mental health center" means that the agency or facility furnishing services to the community mental health center meets any of these requirements:

(1) Is directly associated or affiliated with the community mental health center by formal agreement;

(2) governs the community mental health center; or

(3) is governed by the community mental health center.

(zzzz) "Residence for the payment of hospice services" means a hospice consumer's home or the nursing facility in which a hospice consumer is residing.

(aaaaa) "Revocation statement" means the statement signed by the consumer that revokes the election of hospice service.

(bbbbb) "Sampling" means the review process of obtaining a stratified random sample of a subset of cases from the universe of claims submitted by a specific provider. The sample shall be used to project the review results across the entire universe of claims for that provider to determine an overpayment.

(ccccc) "Speech therapy" means treatment provided by a speech pathologist who has a certificate of clinical competence from the American speech and hearing association. The treatment shall meet these requirements:

(1) Be rehabilitative and restorative in nature;

(2) be provided following physical debilitation due to acute physical trauma or physical illness; and

(3) be prescribed by the attending physician.

(ddddd) "Standard diagnosis-related group amount" or "standard DRG amount" means the amount computed by multiplying the group reimbursement rate for the general hospital by the diagnosis-related group weight.

(eeeee) "State-operated hospital" means an establishment operated by the state of Kansas that provides diagnosis and treatment for nonrelated patients and includes the following:

(1) An organized medical staff of physicians;

(2) permanent facilities that include inpatient beds; and

(3) medical services that include physician services and continuous registered professional nursing services for 24 hours each day.

(fffff) "Stay as an inpatient in a general hospital" means the period of time spent in a general hospital from admission to discharge.

(ggggg) "Swing bed" means a hospital bed that can be used interchangeably as a hospital, skilled nursing facility, or intermediate care facility bed, with reimbursement based on the specific type of care provided.

(hhhhh) "Targeted case management services" means those services that assist medicaid consumers in gaining access to medically necessary care. The services shall be provided by a case manager with credentials specified by the secretary.

(iiiii) "Terminally ill" means that an individual has a life expectancy of six months or less as determined by a physician.

(jjjjj) "Timely filing" means the receipt by the agency or its fiscal agent of a claim for payment filed by a provider for services provided to a medicaid program consumer not later than 12 months after the date the claimed services were provided.

(kkkkk) "Transfer" means the movement of an individual receiving general hospital inpatient services from one hospital to another hospital for additional, related inpatient care after admission to the previous hospital or hospitals.

(lllll) "Transferring hospital" means the hospital that transfers a consumer to another hospital. There may be more than one transferring hospital for the same consumer until discharge.

(mmmmm) "Uncollectable overpayment to an out-of-business provider" means either of the following:

(1) Any amount that is due from a provider of medical services who has ceased all practice or operations for any medical services as an individual, a partnership, or a corporate identity, and who has no assets capable of being applied to any extent toward a medicaid overpayment; or

(2) any amount due that is less than its collection and processing costs.

(nnnnn) "Urgent" means that a situation requires medical treatment within two days of onset, but not through the emergency room.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended Jan. 2, 1989; amended July 1, 1989; amended Jan. 2, 1990; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended Aug. 1, 1990; amended Jan. 7, 1991; amended, T-30-3-1-91, March 1, 1991; amended July 1, 1991; amended, T-30-8-9-91, Aug. 30, 1991; amended Oct. 28, 1991; amended April 1, 1992; amended May 1, 1992; amended July 31, 1992; amended May 3, 1993; amended Oct. 1, 1993; amended July 1, 1994; amended April 1, 1995; amended Sept. 1, 1995; amended March 1, 1996; amended July 1, 1996; amended July 1, 1997; amended July 6, 2001.)

Kan. Admin. Regs. § 30-5-59 Provider participation requirements

The following shall be prerequisites for participation in and payment from the medicaid/ medikan program. Any provider of services to foster care consumers, adoption support consumers, Kan Be Healthy consumers, or other consumers who have special needs may be excluded from these prerequisites if the secretary determines that a medically necessary item of durable medical equipment or a medically necessary service can be cost-efficiently obtained only from a provider not otherwise eligible to be enrolled within the current program guidelines. (a) Enrollment. Each participating provider shall perform the following:

(1) Submit an application for participation in the medicaid/medikan program on forms prescribed by the secretary of the Kansas department of social and rehabilitation services;

(2) obtain and maintain professional or department-specified credentials determined by the secretary in the jurisdiction where the service is provided and for the time period when the service is provided and, if applicable, be certified, licensed, or registered by the appropriate professional credentialing authority;

(3) notify the Kansas department of social and rehabilitation services if any of the original information provided on the application changes during the term of participation in the medicaid/medikan program;

(4) after completing the necessary application forms and receiving notice of approval to participate from the department, enter into and keep a provider agreement with the Kansas department of social and rehabilitation services;

(5) notify the Kansas department of social and rehabilitation services when a change of provider ownership occurs, submit new ownership information on forms for application for participation in the medicaid/medikan program, and receive approval from the department for participation as a new provider before reimbursement for services rendered to medicaid/medikan program consumers is made;

(6) locate a consumer service representative who is available 24 hours per day and a business in Kansas or a border city that is accessible, in accordance with the applicable Americans with disabilities act guidelines, to the general public between the hours of 9:00 a.m. and 5:00 p.m. at a minimum, excluding weekends and state and federal holidays, if applying to be a durable medical equipment or medical supply provider. Any pharmacy located in Kansas or a border city that has a medical provider number may enroll as a durable medical equipment provider even if no storefront is present; and

(7) be located in Kansas or a border city if applying to be a pharmacy, unless the pharmacy is providing services to children in the custody of the secretary of the Kansas department of social and rehabilitation services or to program cunsumers in emergency situations. The only exceptions to this requirement shall be the following:

(A) A pharmacy that is an approved contractor with the Kansas department of health and environment as a supplier of intravenous blood fraction products. This exception shall apply only to reimbursement for the intravenous blood fraction products; and

(B) a mail order pharmacy that serves medicaid consumers with a primary payor other than medicaid.

(b) Denial of application. If an application for participation in the medicaid/medikan program is denied, the applicant shall be notified in writing by the department.

(1) Comply with applicable state and federal laws, regulations, or other program requirements;

(2) comply with the terms of the provider agreement;

(3) submit accurate claims or cost reports;

(4) submit claims only for covered services provided to consumers;

(5) engage in ethical and professional conduct;

(6) provide goods, services, or supplies that meet professionally recognized standards of quality;

(7) submit a new application for participation in the medicaid/medikan program if a claim has been submitted for payment and if at least 18 months have elapsed since a previous claim for payment was submitted; and

(8) refund any overpayment to the program within a period of time specified by the secretary or lose eligibility to participate.

(d) Recordkeeping. Each participating provider shall perform the following:

(1) Maintain and furnish within the time frame specified in a request any information for five years from the date of service that the Kansas department of social and rehabilitation services, its designee, or any other governmental agency acting in its official capacity may request to ensure proper payment by the medicaid/medikan program, to substantiate claims for medicaid/medikan program payments, and to complete determinations of medicaid/medikan program overpayments. This information shall include the following:

(A) Fiscal, medical, and other recordkeeping systems;

(B) matters of the provider's ownership, organization, and operation, including documentation as to whether transactions occurred between related parties;

(D) franchise or management arrangements;

(E) matters pertaining to costs of operation;

(F) amounts of income received, by source and purpose; and

(G) a statement of changes in financial position;

(2) use standardized definitions, accounting, statistics, and reporting practices that are widely accepted in the provider's field;

(3) permit the Kansas department of social and rehabilitation services, its designee, or any other governmental agency acting in its official capacity to examine any records and documents that are necessary to ascertain information pertinent to the determination of the proper amount of a payment due from the medicaid/medikan program; and

(4) agree to repay overpayment determinations resulting from the use of sampling techniques.

(e) Payment. Each participating provider shall meet the following conditions:

(1) Accept as payment in full, subject to audit when applicable, the amount paid by the medicaid/medikan program for covered services;

(2) not assign medicaid/medikan program claims or grant a power of attorney over or otherwise transfer right to payment for these claims except as set forth in 42 CFR 447.10, revised July 24, 1996, which is adopted by reference;

(3) not charge medicaid/medikan program consumers for services denied for payment by the medicaid/medikan program because the provider has failed to meet a program requirement including prior authorization;

(4) not charge any medicaid/medikan program consumer for noncovered services unless the provider has informed the consumer, in advance and in writing, that the consumer is responsible for noncovered services;

(5) not charge medicaid/medikan program consumers for services covered by the program, with the exception of claims liable to spenddown or copayment;

(6) submit claims for payment on claim forms approved and prescribed by the secretary; and

(7) be subject to the payment limitations specified in K.A.R. 30-5-70.

(f) Provider participation in the medicaid/medikan program may be disallowed for any of the reasons set forth in K.A.R. 30-5-60.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended July 1, 1989; amended Oct. 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended Aug. 1, 1990; amended Jan. 7, 1991; amended May 1, 1992; amended May 3, 1993; amended Dec. 30, 1994; amended April 1, 1995; amended Oct. 1, 2000; amended Jan. 1, 2004; amended Dec. 10, 2004.)

Kan. Admin. Regs. § 30-5-60 Provider termination/suspension

(a) Any provider's participation in the medicaid/medikan program may be terminated for one or more of the following reasons:

(1) Voluntary withdrawal of the provider from participation in the program;

(2) non-compliance with applicable state laws, administrative regulations, or program issuances concerning medical providers;

(3) non-compliance with the terms of a provider agreement;

(4) non-compliance with the terms and certification set forth on claims submitted to the agency for reimbursement;

(5) assignment, granting a power of attorney over, or otherwise transferring right to payment of program claims except as set forth in 42 U.S.C. 1396a (32), revised July 18, 1984, which is adopted by reference;

(6) pattern of submitting inaccurate billings or cost reports;

(7) pattern of submitting billings for services not covered under the program;

(8) pattern of unnecessary utilization;

(9) unethical or unprofessional conduct;

(10) suspension or termination of license, registration, or certification;

(11) provision of goods, services, or supplies harmful to individuals or of an inferior quality;

(12) civil or criminal fraud against medicare, the Kansas medicaid/medikan or social service programs, or any other state's medicaid or social service programs;

(13) suspension or exclusion by the secretary of health and human services from the title XVIII or title XIX programs;

(14) direct or indirect ownership or controlling interest of five percent or more in a provider institution, organization or agency by a person who has been found guilty of civil or criminal fraud against the medicare program or the Kansas medicaid/medikan or social service programs or any other state's medicaid or social service programs;

(15) employment or appointment by a provider of a person in a managerial capacity or as an agent if the person has been found guilty of civil or criminal fraud against the medicare program or the Kansas medicaid/medikan or social service programs or any other state's medicaid or social service programs;

(16) insolvency; or

(17) other good cause.

(b) Termination, unless based upon civil or criminal fraud against the program, suspension or exclusion by the secretary of health and human services, shall remain in effect until the agency determines that the reason for the termination has been removed and that there is a reasonable assurance that it shall not recur. Terminations based upon civil or criminal fraud shall remain in effect for such time period as deemed appropriate by the agency. Termination based upon suspension or exclusion by the secretary of health and human services (HHS) shall remain in effect no less than the time period specified in HHS' notice of suspension.

(c) Prior to the termination of a provider from the program, the provider shall be sent a written notification by the agency of the proposed termination and the reasons. The notice shall state whether payment liability to the provider has been suspended pending further proceedings. The notice shall further advise the provider that an appearance before the section may be permitted at a specified time, not less than five days nor more than 15 days from the date the notice is mailed to or served upon the provider. At the appearance the provider may present any relevant evidence and have an opportunity to be heard on the question of continuing eligibility in the program. All evidence presented, including that of the provider, shall be considered by the agency. If the decision is to terminate, a written order of termination shall be issued, setting forth the effective date of the termination and the basic underlying facts supporting the order.

(d) Any provider found not to be in compliance with one or more requirements set forth in K.A.R. 30-5-59 may be subject to suspension of payment or other remedies in lieu of termination. The effective date of this regulation shall be May 3, 1993.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective May 1, 1981; amended May 1, 1986; amended July 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended Aug. 1, 1990; amended May 3, 1993.)

Kan. Admin. Regs. § 30-5-61a Withholding of payments to medical providers

(a) Payments otherwise authorized to be made to medical providers shall be withheld, in full or in part, by the agency when:

(1) The agency has determined that the provider to whom payments are to be made has been overpaid;

(2) the agency has reliable evidence, although additional evidence may be needed for a determination, that an overpayment exists or that the payment to be made may not be correct; or

(3) the agency has been instructed by the department of health and human services (HHS) to withhold all or part of the federal share from payment to a medical provider.

(b) A withholding action shall become effective immediately unless a later date is set forth in the letter of notification. The agency, no later than the effective date of the withholding action, shall send written notification of the withholding and the reasons therefor to the affected medical provider.

(1) The overpayment is recouped from the amount withheld or is otherwise recovered;

(2) the agency enters into an agreement with the provider for recovery of the over payment;

(3) the agency, on the basis of subsequently acquired evidence or otherwise, determines that there is no overpayment; or

(4) the agency is otherwise notified by HHS if the withholding action is pursuant to federal instructions. No payment for the withheld federal share shall be made to any medical provider unless the agency receives notification from HHS to do otherwise.

(d) Whenever payments to a medical provider are withheld pursuant to paragraph (a)(2), the agency shall take timely action to obtain any additional evidence the agency may need to make a determination as to whether an overpayment exists or whether payments should be made. The agency shall make all reasonable efforts to expedite the determination. As soon as the determination has been made, the provider shall be informed and, when appropriate, the withholding action shall be rescinded or adjusted to take into account the determination. If not rescinded, the withholding action shall remain in effect as specified in paragraph (c) above.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-61b Suspension of payment liability to medical providers

(a) Suspension of payment liability because of determination by the secretary of health and human services. The agency shall suspend payment liability for services provided by any medical provider during any time period in which payments may not be made to the provider under titles XVIII or XIX of the social security act because of a determination by the secretary of health and human services pursuant to 42 U.S.C.A. 1395y(d)(1) and (e)(1), clause (C)(ii), (D), (E) or (F) of 42 U.S.C.A. 1395cc (b)(2). The suspension shall be effective upon receipt of the notification of the determination by the department of health and human services (HHS) and shall remain in effect until the agency is otherwise notified by HHS. The agency, no later than the effective date of the suspension, shall send written notification of the suspension and the reasons therefore to the affected medical provider. No payment shall be made to any medical provider for services provided by the medical provider during the time period of suspension unless the agency receives notification from HHS to do otherwise.

(b) Suspension of payment liability upon notification of proposed termination.

(1) Payment liability may be suspended by the agency upon notification to a provider of a proposed termination if the provider may no longer legally provide services or for other good cause. No payment shall be made to a provider for services rendered after the provider receives notification of the suspension.

(2) If payment liability is suspended to an adult care home, payment liability for those program recipients who are living in the home at the time of the suspension may be continued, for a period not to exceed 30 days, to facilitate the orderly transfer of the recipients to another facility or to alternate care.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-62 Reinstatement of a provider previously terminated from the medicaid/ medikan program

A request for reinstatement by a provider terminated from participation in the medicaid/medikan program shall not be considered for a period of 60 days following the effective date of the order of termination. As a prerequisite for reinstatement in the program one or more of the following conditions may be imposed by the agency: (a) Implementation and documentation of corrective action taken by the provider to comply with program policies and to reasonably insure that the reason for the termination shall not recur;

(b) probationary period not to exceed one year;

(d) prior authorization of services;

(e) peer supervision; and

(f) other conditions as the specific situation may warrant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-63 Medical necessity

Except as specifically set forth in program policy, the agency shall not reimburse a provider for the provision of a covered service to a program recipient unless the provision of the service was medically necessary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-66 Effective date of administrative regulations in relationship to provider cost reporting periods

The administrative regulations in effect at the beginning of a cost reporting period shall govern the treatment of costs that accrue during said period unless otherwise provided.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708c; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-67 Disallowance of claims for services generated by providers ineligible for participation in the medicaid/medikan program

The agency shall disallow payment, except for emergency services, if the service set forth on a claim was generated by a provider ineligible to participate in the medicaid/medikan program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-68 Consultants to the medicaid/ medikan program

Consultants to the medicaid/ medikan program may be reimbursed if under contract with the Kansas department of social and rehabilitation services. The payment rate for consultants shall be a mutually negotiated amount. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1986; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-69 Volume purchase and negotiated contracts for medical services

The agency may procure medical services from a single or multiple source through competitive bidding or negotiated fee. The agreed upon reimbursement shall supersede the usual reimbursement methodology for the service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982.)

Kan. Admin. Regs. § 30-5-70 Payment of medical expenses for eligible recipients

(a) Payment for covered services shall be made only to those providers participating in the program pursuant to K.A.R. 30-5-59. The only exceptions shall be pursuant to K.A.R. 30-5-65.

(b) Each program recipient shall be eligible for the payment of specific medical expenses as follows:

(1) Payment of Medicare (title XVIII) premiums and deductibles and co-insurance amounts for services covered in the medicaid program. Recipients who are ineligible for program coverage because they have a spenddown shall be eligible for the payment of the Medicare (title XVIII) premium expense. For cash recipients, including SSI recipients, who are age 65 or older, payment of the Medicare (title XVIII) premium shall begin with the month of approval for medicaid, excluding any months of prior eligibility. For recipients under age 65 who are eligible for Medicare after receiving retirement and survivor's disability insurance for 24 consecutive months, payment of the Medicare (title XVIII) premium shall begin with the 25th month. For all other recipients, payment of the Medicare (title XVIII) premium shall begin with the second month following the month of approval for medicaid, excluding any months of prior eligibility;

(2) payment of premiums of health maintenance organizations that are approved by the agency or premiums of group health plans offered by the recipient's employer if the agency has determined that this plan is cost-effective;

(3) payment of other allowable medical expenses incurred in the current eligibility base period in excess of any co-pay or spenddown requirements;

(4) payment for services rendered to a person who is mandated to receive inpatient treatment for tuberculosis and who is not otherwise eligible for participation in the program. Coverage shall be limited to services related to the treatment for tuberculosis;

(5) payment for services in excess of medicaid/ medikan program limitations for foster care and adoption support recipients, when approved by the agency; and

(6) payment for covered medical services provided to an individual participating in the KanWork program. A monthly cost-sharing amount for medical services shall be paid by each individual participating in the KanWork program when required.

(c) The scope of services provided to recipients and the payment for those services shall be as set forth in articles 5 and 10 of this chapter, subject to the following limitations.

(1) Payment for a particular medical expense shall be denied if it is determined that any one of these conditions is met:

(A) The recipient failed to utilize medical care available through other community resources, including public institutions, veterans administration benefits, and those laboratory services that are available at no charge through the state department of health and environment.

(B) A third party liability for the medical expense has been established and is available.

(C) The recipient fails to make a good faith effort to establish a third party liability for the medical expense or fails to cooperate with the agency in establishing the liability. Payment of a medical expense may be delayed pending the outcome of a determination concerning third party liability.

(D) The expense is not covered or is only partially covered by an insurance policy because of an insurance program limitation or exclusion.

(E) The recipient failed to notify the provider of services of the recipient's eligibility for the program.

(F) The service is cosmetic, pioneering, or experimental, or is a result of complications related to these procedures.

(G) The service is related to transplant procedures that are not covered by the medicaid/medikan program.

(H) The service was provided by a provider not designated as a lock-in provider for any recipient who is locked into designated providers due to abuse, unless the provider has a written referral from a designated provider or unless the service was an emergency service.

(I) The service was provided by a provider not designated as the primary care case manager for any recipient who is enrolled in the primary care case manager program, unless the provider has a written referral from the designated provider or unless the service was an emergency service.

(J) The service was covered in a health maintenance organization plan for any recipient enrolled in a health maintenance organization.

(K) The service was provided by an unlicensed, unregistered, or noncertified provider when licensure, registration, or certification is a requirement to participate in the medicaid/medikan program.

(L) The service exceeds the limitations defined by the program policies.

(2) Payment for out-of-state services shall be limited to the following:

(A) Payment on behalf of recipients if medical services are normally provided by medical vendors that are located in the bordering state and within 50 miles of the state border, except for community mental health center services, alcohol and drug abuse services, or partial hospitalization services;

(B) emergency services rendered outside the state;

(C) nonemergency services for which prior approval by the agency has been given. Authorization from the agency shall be obtained before making arrangements for the individual to obtain the out-of-state services;

(D) services provided by independent laboratories; and

(E) medical services provided to foster care recipients and medical services in excess of the limitations of the state of residence, when approved by the Kansas department of social and rehabilitation services and within the scope of the adoption agreement for those for whom Kansas has initiated adoption support agreements.

(3) The scope of services for adult non-medicaid (non-title XIX) program recipients shall be limited as set forth in K.A.R. 30-5-150 through 30-5-172.

(d) Payment for medical services shall be made, at the discretion of the secretary, when it has been determined that an agency administrative error has been made.

(e) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c and K.S.A. 1997 Supp. 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; modified, L. 1982, ch. 469, May 1, 1982; amended, T-84-8, April 1, 1983; amended May 1, 1983; amended, T-84-9, May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-15, July 1, 1986; amended, T-87-44, Jan. 1, 1987; amended May 1, 1987; amended, T-88-10, May 1, 1987; amended May 1, 1988; amended July 1, 1989; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended, T-30-8-9-91, Aug. 30, 1991; amended Oct. 28, 1991; amended May 1, 1992; amended Nov. 2, 1992; amended May 3, 1993; amended July 19, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-5-71 Copayment requirements

(a) Except as set forth in subsection (b) of this regulation, program recipients shall be obligated to the provider for the following copayment charges.

(1) The copayment for inpatient general hospital and freestanding psychiatric facility services shall be $48.00 per admission.

(2) The copayment for outpatient general hospital services shall be $1.00 per non-emergency visit in place of a doctor's office visit.

(3) The copayment for other medical services subject to copayment shall be based upon the following ranges:

(4) The copayment for other medical services subject to copayment shall be a standard amount based upon the average medicaid payment for the services, calculated on an annual basis. The average medicaid payment shall be calculated by dividing the cost of the services in aggregate by the total number of claims paid in the previous fiscal year. Any change in copayment shall be published in the Kansas Register on or before December fifteenth to be effective January first of each year.

(5) Other medical services subject to copayment shall include the following:

(A) Ambulatory surgical center services, for each date of service;

(B) audiological services, excluding batteries, for each date of service;

(D) durable medical equipment, prosthetics, and orthotics, for each claim, excluding the rental of durable medical equipment;

(E) home health services, for each skilled nursing visit, excluding the rental of durable medical equipment;

(F) non-emergency ambulance services, for each date of service;

(G) optometric or opthalmologist services, for each date of service;

(H) outpatient general hospital surgery, for each date of service;

(I) prescribed drugs, for each new or refilled prescription;

(J) physician or physician extender services, for each office visit;

(K) podiatric services, for each office visit;

(L) psychological services, for each office visit;

(M) dietician services, for each date of service;

(N) dental services, for each date of service;

(O) federally qualified health center services, for each encounter; and

(P) rural health clinic services, for each encounter.

(b) The provisions of subsection (a) shall not apply to services provided as follows:

(1) To residents in nursing facilities, including swing beds, intermediate care facilities for the mentally retarded, nursing facilities for mental health, and to recipients participating in the home- and community-based services programs;

(2) to inpatients in a state psychiatric hospital who meet both of the following conditions:

(A) Have reached the age of 18 but are not yet 22 years of age; or

(B) are at least 65 years of age;

(3) to recipients under age 18;

(4) to recipients in the custody of the juvenile justice authority or secretary of social and rehabilitation services who are at least 18 years old but under age 21 and who are in out-of-home placements;

(5) to recipients enrolled in a medicaid-funded health maintenance organization;

(6) for family planning purposes;

(7) for medical services relating to an injury incurred on the job during a community work experience project;

(8) for services related to pregnancy; and

(9) for emergency services.

***** Authenticated Kansas Administrative Regulation *****

average medicaid/medikan payment for services | maximum copayment chargeable to recipient $10.00 or less | $ .50 $10.01 to $25.00 | $1.00 $25.01 to $50.00 | $2.00 $50.01 or more | $3.00

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended, T-83-38, Nov. 23, 1982; amended May 1, 1983; amended, T-84-36, Jan. 1, 1984; amended May 1, 1984; amended May 1, 1986; amended, T-87-20, Sept. 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended Aug. 1, 1990; amended Dec. 31, 1992; amended Sept. 27, 1993; amended Dec. 30, 1994; amended, T-30-6-28-95, July 1, 1995; amended Sept. 1, 1995; amended July 1, 1997; amended Sept. 3, 2004.)

Kan. Admin. Regs. § 30-5-72 Medical contracts; funding

All medical contracts shall be subject to federal and state funding conditioned by appropriations made by congress and the state legislature.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-73 Requirements for facilities to participate

(a) Medical services provided in community mental health centers, free-standing psychiatric facilities, state-operated hospitals, and general hospitals to be reimbursed by the medicaid/medikan program shall be under the effective control of a physician as determined by the agency.

(b) Community mental health centers, freestanding psychiatric facilities, state-operated hospitals, and general hospitals providing medical services reimbursable by the medicaid/medikan program shall have utilization review programs approved by medicare or the agency. Utilization review programs and their implementation shall be subject to review by the secretary.

(c) Facilities offering medical services shall be licensed or certified by an appropriate Kansas state licensing or certification authority in order to be eligible for reimbursement by the medicaid/ medikan program. The effective date of this regulation shall be October 1, 1993.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended Oct. 1, 1993.)

Kan. Admin. Regs. § 30-5-75 Scope of services for eligible aliens

The scope of services shall be limited to emergency medical services for otherwise eligible aliens pursuant to K.A.R. 30-6-54 who do not qualify under the citizenship and alienage requirements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-88-14, July 1, 1987; effective May 1, 1988.)

Kan. Admin. Regs. § 30-5-76 Scope of coverage and reimbursement for services for qualified medicare beneficiaries

The scope of coverage for QMBs shall be the reimbursement of medicare premiums and coinsurance under part A and part B of medicare, for covered and noncovered medicaid/medikan services. The reimbursement rates shall be based upon the methodologies specified in this article, and the combination of medicare and medicaid payments shall not exceed payments at the current medicaid/medikan reimbursement rates. If the medicare payment exceeds the payment at the current medicaid/medikan reimbursement rate, no further payment shall be made. Reimbursement rates for services not otherwise covered by medicaid/medikan shall not exceed 80 percent of the current medicare allowable reimbursement rates or shall be determined by the secretary. This regulation shall be effective on and after January 1, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989; amended Jan. 1, 2002.)

Kan. Admin. Regs. § 30-5-77 Scope of home- and community-based services for technology-assisted children

The scope of home- and community-based services for technology-assisted children shall consist of those services provided under the authority of a federally approved waiver. Home- and community-based services shall be provided in accordance with a written plan of care by a home health agency and approved by the Kansas department of social and rehabilitation services. (a) Services may include one or more of the following:

(1) An average of 10 hours per month of case management services;

(2) a maximum of seven days or 168 hours per calendar year of respite care provided in the home; and

(3) medical equipment and supplies not otherwise covered under the medicaid program and approved in the plan of care.

(b) Reimbursement for services for technology-assisted children shall be based upon reasonable fees as related to customary charges, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The effective date of this regulation shall be July 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-3-1-91, March 1, 1991; effective July 1, 1991.)

Kan. Admin. Regs. § 30-5-79 Scope of and reimbursement for homeand community-based services for persons with mental retardation or other developmental disabilities

The scope of homeand community-based services for persons with mental retardation or other developmental disabilities shall consist of those services provided under the authority of the applicable federally-approved waiver to the Kansas medicaid state plan. (a) Prior to the development of any plan to provide services, the need for services shall be determined by an individualized assessment of the prospective recipient by a provider of communitybased screening services.

(b) Home- and community-based services shall be provided in accordance with an individualized, written plan of care approved in writing by the Kansas department of social and rehabilitation services. Each annual review and amendment of this plan shall be approved in the same fashion. This plan shall:

(1) Be based on needs identified during the screening assessment; (2) specify each service to be provided and why each service was selected, or how each service will address any specific need identified by the assessment;

(3) specify the frequency, and within what limits, each service shall be provided;

(4) specify what other support services are required and the plan for obtaining them;

(5) be prepared in consultation with the recipient or the recipient's guardian, if one has been appointed;

(6) be approved in writing by the recipient or the recipient's guardian, as appropriate; and

(7) be reviewed at least annually and updated as necessary.

(c) Reimbursement for home- and community-based services for persons with mental retardation or other developmental disabilities shall be based upon reasonable fees as related to customary charges, except that no fee shall be paid in excess of the range maximum. The effective date of this regulation shall be October 28, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-30-8-9-91, Aug. 30, 1991; effective Oct. 28, 1991.)

Kan. Admin. Regs. § 30-5-80 This regulation shall be revoked on and after July 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1996 Supp. 39-708c; effective July 31, 1992; amended Dec. 29, 1995; revoked July 1, 1997.)

Kan. Admin. Regs. § 30-5-81 Scope of hospital services

(a) Each hospital shall be medicare-certified and shall annually update medicaid enrollment information.

(b) Outpatient services shall be covered with the following limitations.

(1) Services shall be ordered by an attending physician who is not serving as an emergency room physician, except for those services related to emergency situations. Orders shall be related specifically to the present diagnosis of the recipient.

(2) A prosthetic device shall replace all or part of an internal body organ or shall replace one of these devices.

(3) (A) Rehabilitative therapies shall be restorative in nature.

(B) Rehabilitative therapies shall be provided following physical debilitation due to acute physical trauma or physical illness.

(4) Services provided in the emergency department shall be emergency services.

(5) Elective surgery shall not be covered, except for sterilization operations or operations for Kan Be Healthy program participants.

(6) Ambulance services shall not be covered.

(7) Nonemergency visits in place of physician office visits shall be considered physician office visits and shall be counted against the physician office visit limitation.

(8) Outpatient hospital assessment of the need for emergency service shall not be covered.

(1) Services shall be ordered by a physician and shall be related specifically to the present diagnosis of the recipient.

(2) Transplant surgery shall be limited to the following:

(A) Liver transplants, which shall be performed only at a hospital designated by the secretary unless the medical staff of that hospital recommends another location; and

(B) corneal, kidney, and bone marrow transplants and related services.

(3) A recipient of general hospital inpatient services shall not be billed for those days determined to be medically unnecessary. If a recipient refuses to leave a hospital after the recipient's physician writes a discharge order, the days after discharge that the recipient remains in the hospital may be billed to the recipient.

(4) A provider shall not be reimbursed for services provided on the day of discharge.

(5) Long-term care services in swing beds shall be provided pursuant to 42 CFR part 482, subpart E, revised October 1, 1999, which is adopted by reference.

(6) A provider shall not be reimbursed on an inpatient basis for therapeutic and diagnostic surgical services, and related services that can be performed on an outpatient basis. A provider shall not be reimbursed on an inpatient basis unless the service provider documents medical necessity.

(7) Inpatient services shall be subject to utilization review, which shall determine the following:

(A) Whether services are medically necessary;

(B) whether services are furnished at the appropriate level of care;

(D) whether a discharge is premature;

(E) whether a transfer is necessary; and

(F) whether the procedure coding and the diagnosis coding on a claim are correct.

(8) Psychotherapy, directed by a psychiatrist or approved hospital staff under the direction of a psychiatrist, shall be provided to each psychiatric patient on a daily basis.

(9) Substance abuse treatment services shall be limited to three treatment admissions per recipient's lifetime, regardless of the type of provider.

(10) Inpatient acute care related to substance abuse treatment services shall be limited to those patients who are in need of acute detoxification.

(11) Elective surgery shall not be covered, except for sterilization operations or operations for Kan Be Healthy program participants.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1999 Supp. 39-708c; effective May 1, 1981; modified, L. 1982, ch. 469, May 1, 1982; amended May 1, 1983; amended, T-84-7, March 29, 1983; amended, T-84-11, July 1, 1983; amended May 1, 1984; amended, T-85-9, April 11, 1984; amended, T-85-24, Sept. 18, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended, T-89-24, May 27, 1988; amended Sept. 26, 1988; amended, T-30-10-28-88, Oct. 28, 1988; amended Jan. 2, 1989; amended July 1, 1989; amended, T-30-7-29-89, July 29, 1989; amended Nov. 24, 1989; amended Aug. 1, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended July 1, 1991; amended July 1, 1996; amended Oct. 6, 2000.)

Kan. Admin. Regs. § 30-5-81a Participation in the diagnosis related group reimbursement system

As a prerequisite for participation in the medicaid/medikan program, a general hospital shall participate in the Kansas department of social and rehabilitation services' diagnosis related group reimbursement system. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-82-6, May 1, 1981; effective May 1, 1982; amended, T-84-7, May 1, 1983; amended May 1, 1984; amended July 1, 1989.)

Kan. Admin. Regs. § 30-5-81b The basis of reimbursement for hospital services

(a) Payment for hospital services provided to program participants shall be made to those hospitals filing cost reports with the Kansas department of social and rehabilitation services. Cost reports shall be due 30 days after the due date of the medicare cost report to the medicare fiscal intermediary.

(b) General hospitals; inpatient services. For covered services rendered to program recipients, each general hospital shall be reimbursed on the basis of the diagnosis related group reimbursement system pursuant to the provisions of K.A.R. 30-5-81t through 30-5-81v except as set forth below.

(c) General hospitals; outpatient services. For covered services rendered to program recipients, each general hospital shall be reimbursed based on the reimbursement methodology for comparable services rendered by non-hospital providers. For laboratory and radiology services, each general hospital shall be reimbursed its customary charges not to exceed the range maximum set forth in K.A.R. 30-5-85a plus 2%.

(d) General hospitals; long term care in swing bed hospitals. For covered services rendered to program recipients, each general hospital shall be reimbursed pursuant to 42 CFR 447.250 through 447.280, revised October 1, 1988, which are adopted by reference.

(e) State-operated hospitals. Each state-operated hospital shall be reimbursed the lesser of reasonable costs or customary charges for covered inpatient services rendered to program recipients. Each state-operated hospital shall be reimbursed reasonable fees as related to customary charges for covered outpatient services rendered to program recipients, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

(f) Hospitals which are determined to be disproportionate share hospitals shall be reimbursed with a disproportionate share payment adjustment as determined in accordance with the Omnibus Budget Reconciliation Act, Public Law 100-203, section 4112, effective July 1, 1988. The effective date of this regulation shall be October 1, 1993.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c; effective May 1, 1981; amended, E-82-6, May 1, 1981; modified, L. 1982, ch. 469, May 1, 1982; amended May 1, 1983; amended, T-84-7, May 1, 1983; amended May 1, 1984; amended, T-85-24, Sept. 18, 1984; amended May 1, 1985; amended, T-86-19, July 1, 1985; amended May 1, 1986; amended, T-87-44, Jan. 1, 1987; amended, T-88-6, March 4, 1987; amended May 1, 1987; amended, T-88-10, May 1, 1987; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended Aug. 1, 1990; amended Oct. 1, 1993.)

Kan. Admin. Regs. § 30-5-81d This rule and regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended, E-82-6, May 1, 1981; amended May 1, 1982; amended, T-84-7, May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1987; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-5-81q This rule and regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective, T-84-9, May 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-5-81r This rule and regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective, T-84-9, May 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-5-81s This rule and regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective, T-84-9, May 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-5-81t Hospital change of ownership

(a) Agency notification and provider agreements.

(1) Each hospital shall notify the agency in writing at least 60 days prior to the effective date of the change of ownership. Failure to do so shall result in the forfeiture of rights to payment for covered services provided to recipients by the previous owner or owners in the 60-day period prior to the effective date of the change of ownership. Failure to notify the agency in writing at least 60 days prior to the effective date of the change of ownership shall result in the new owner or owners assuming responsibility for any overpayment made to the previous owner or owners before the effective date of the change of ownership. This shall not release the previous owner of responsibility for such overpayment. This notification requirement may be waived at the discretion of the secretary based upon the showing of good cause by a hospital changing ownership. The new owner or owners shall submit an application to be a provider of services in the program and shall not receive reimbursement for covered services provided to recipients from the effective date of the change of ownership until the date upon which all requirements for participation pursuant to K.A.R. 30-5-59 have been met or until the date upon which an application to be a provider of services in the program is received by the Kansas department of social and rehabilitation services, whichever is later.

(2) At least 60 days before the dissolution of the business entity, the change of ownership of the business entity, or the sale, exchange or gift of 5% or more of the depreciable assets of the business entity, the agency shall be notified in writing. If the business entity fails to provide 60 days written notice, no reimbursement shall be made. This notification requirement may be waived at the discretion of the secretary based upon the showing of good cause by a hospital changing ownership.

(3) If a sole proprietor not incorporated under applicable state law transfers title and property to another party, a change of ownership shall have occurred. An application to be a provider of service shall be submitted to the agency by the new owner and affiliated providers.

(4) Transfer of participating provider corporate stock shall not in itself constitute a change of ownership. Similarly, a merger of one or more corporations with the participating provider corporation surviving shall not constitute a change of ownership. A consolidation of two or more corporations which creates a new corporate entity shall constitute a change of ownership, and an application to be a provider of services shall be submitted to the agency by the new owner and affiliated providers.

(5) Each partnership that is dissolved shall not require a new provider agreement if at least one member of the original partnership remains as the owner of the facility. Each addition or substitution to a partnership or any change of ownership resulting in a completely new partnership shall require that an application to be a provider of services shall be submitted to the agency by the new owner and affiliated providers.

(6) The change of or a creation of a new lessee, acting as a provider of services, shall constitute a change of ownership. An application to be a provider of services shall be submitted to the agency by the new lessee and affiliated providers. If the lessee of the facility purchases the facility, the purchase shall not constitute a change in ownership.

(b) Certification surveys. Each new owner or owners shall be subject to a certification survey by the department of health and environment and, if certified, the period of certification shall be as established by the department of health and environment.

(1) For each asset in existence on July 18, 1984, which is subsequently sold, the valuation of the asset for reimbursement purposes shall be the lesser of the allowable acquisition cost of the asset to the owner of record on July 18, 1984, or the acquisition cost of the asset to the new owner.

(2) For each asset not in existence on July 18, 1984, the valuation of the asset for reimbursement purposes shall be the lesser of the acquisition cost of the asset to the first owner of record or the acquisition cost of the asset to the new owner.

(3) Costs attributable to the negotiation or settlement of the sale or purchase of any capital asset on or after July 18, 1984, shall not be allowable. The effective date of this regulation shall be July 1, 1989.

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-85-34, Dec. 19, 1984; effective May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended July 1, 1989.)

Kan. Admin. Regs. § 30-5-81u General hospital groups under the diagnosis-related group (DRG) reimbursement system

(a) Each general hospital participating in the Kansas medicaid/medikan program shall be assigned by the Kansas department of social and rehabilitation services to one of four groups. Each general hospital shall be annually notified by the department in writing of the hospital's group assignment.

(1) Each general hospital assigned to group one shall meet either of the following criteria:

(A) Be located within a metropolitan statistical area within the state of Kansas and have at least 200 general hospital inpatient beds; or

(B) be located within the state of Kansas and within 10 miles of a general hospital meeting the criteria specified in paragraph (a)(1)(A).

(2) Each general hospital assigned to group two shall meet one of the following criteria:

(A) Be located within a metropolitan statistical area in the state of Kansas and have fewer than 200 general hospital inpatient beds;

(B) be located outside of a metropolitan statistical area in the state of Kansas or its border cities and have at least 100 general hospital inpatient beds; or

(C) be located within the state of Kansas and within 10 miles of a general hospital meeting the criteria specified in paragraph (a)(2)(A) or (B).

(3) Each general hospital assigned to group four shall be located outside of the state of Kansas.

(4) A general hospital shall be assigned to group three if it does not meet the criteria specified in paragraphs (a)(1), (a)(2), and (a)(3) above.

(5) A general hospital shall be assigned to group one if it meets the criteria for assignment to both group one and group two.

(b) General hospital group assignments shall be redetermined annually by the department based upon the criteria in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989; amended Dec. 29, 1995; amended, T-30-1-2-03, Jan. 2, 2003; amended April 18, 2003; amended March 18, 2005.)

Kan. Admin. Regs. § 30-5-81v Reimbursement for general hospital inpatient services under the diagnosis related group (DRG) reimbursement system

(a) The Kansas department of social and rehabilitation services shall reimburse general hospitals for inpatient services provided to recipients covered pursuant to K.A.R. 30-5-81 on the basis of the diagnosis related group (DRG) reimbursement system.

(b) Reimbursement shall be determined as follows:

(1) The standard DRG amount shall constitute reimbursement for each covered general hospital inpatient stay except in circumstances described in subsections (b)(5) and (b)(6) below. An additional payment shall be made for each day outlier or each cost outlier pursuant to subsections (b)(2), (b)(3) and (b)(4) below.

(2) If a covered general hospital inpatient stay is determined to be a cost outlier, the reimbursement for the cost outlier additional payment shall be obtained by multiplying two items: The DRG adjustment percentage and the difference between the estimated cost of the covered inpatient stay and the cost outlier limit.

(3) If a covered general hospital inpatient stay is determined to be a day outlier, the reimbursement for the day outlier additional payment shall be obtained by multiplying three items: The DRG daily rate, the DRG adjustment percentage, and the difference between the actual covered length of inpatient stay and the day outlier limit.

(4) If a covered general hospital inpatient stay is determined to be both a cost outlier and a day outlier, the additional payment shall be the greater of the amounts computed in subsections (b)(2) or (b)(3) above.

(5) If a recipient is transferred during a covered general hospital inpatient stay from one hospital to another hospital, the reimbursement to both hospitals shall be determined by a methodology specified by the secretary.

(6) Reimbursement shall not be made for a recipient's readmission to a hospital if the readmission for the same recipient is determined to have resulted from an inappropriate discharge. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989.)

Kan. Admin. Regs. § 30-5-82 Scope of rural health clinic services

Rural health clinic services and other ambulatory services shall be covered under the Kansas medical assistance program pursuant to 42 CFR 447.371, effective September 30, 1986, when provided by clinics accepted by the health care financing administration as qualified to furnish rural health clinic services for participation under the medicare program. A clinic may be certified as either an independent or a provider-based rural health clinic. Covered rural health clinic services and other ambulatory services shall include the following: (a) Physician services. These are professional services performed by a physician.

(b) Advanced registered nurse practitioner and physician assistant services. These are professional services furnished by an advanced registered nurse practitioner or a physician assistant under both of the following conditions:

(1) Services are in accordance with medical orders prepared by a physician for the care and treatment of a patient.

(2) A physician is available at least once every two weeks to supervise the delivery of services and to perform services that are not in the scope of advanced registered nurse practitioner and physician assistant services as defined in the Kansas statutes.

(c) Services and related medical supplies furnished incident to professional services provided by a physician, advanced registered nurse practitioner, or physician assistant. These are services and supplies commonly furnished in physician offices under the direct supervision of a physician, advanced registered nurse practitioner, or physician assistant.

(d) Visiting nurse services. These are home health nursing services and related medical supplies provided by a registered nurse or a licensed practical nurse under the supervision of a registered nurse at the beneficiary's place of residence, which shall not include a hospital or long-term care facility, under all of the following conditions:

(1) The rural health clinic is located in an area where there is no home health agency.

(2)The services are furnished to a homebound individual who is confined to the individual's place of residence because of a medical condition.

(3) Services are provided under a written plan of treatment established by a physician, advanced registered nurse practitioner, or physician assistant and reviewed at least once every 60 days by a supervising physician.

(e) Other ambulatory services covered by the medicaid state plan.

(f) Referral for covered services not provided by the rural health clinic, to other practitioners enrolled as providers in the Kansas medical assistance program shall be covered.

(g) Screening and appropriate referral for the "kan be healthy" program shall be covered.

This regulation shall take effect on and after January 1, 1999.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c; effective May 1, 1981; amended Jan. 2, 1989; amended July 1, 1989; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended Dec. 29, 1995; amended Jan. 1, 1999.)

Kan. Admin. Regs. § 30-5-82a Reimbursement for rural health clinic services

Reimbursement for rural health clinic services and other ambulatory services covered by the Kansas medical assistance program shall be at reasonable cost pursuant to 42 CFR 447.371, effective September 30, 1986; 42 CFR Part 413, revised as of October 1, 1997; Section 4205 of the balanced budget act of 1997; and the provisions discussed in this regulation. (a) Reimbursement method. An interim rate per visit shall be paid to each rural health clinic, subject to a fiscal year-end retroactive cost settlement.

(b) Interim reimbursement rate per visit.

(1) Rate for independent rural health clinic. Each clinic shall be paid by the agency the all-inclusive reasonable cost rate per visit determined by the medicare carrier.

(A) Initial rate at enrollment. The medicaid payment rate shall be the current medicare rate.

(B) Rate changes. The interim payment rate of an independent rural health clinic shall be changed by the agency each time a rate change notification for that clinic is received from the medicare carrier.

(2) Rate for provider-based rural health clinic.

(A) Initial rate at enrollment. An estimated payment rate per visit that is no more than the medicare payment limit shall be set by the agency.

(B) Rate changes. After cost settlement of a provider-based clinic, the interim payment rate shall be changed by the agency based on paragraph (d)(2)(B) below.

(c) Visit. A "visit" means a face-to-face encounter between a clinic patient and a health care professional as defined in K.A.R. 30-5-82. Encounters with more than one health professional or multiple encounters with the same health professional that take place on the same day shall constitute a single visit except when, after the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment.

(d) Retroactive cost settlement. The allowable medicaid cost shall be determined by the agency, and this cost shall be compared by the agency to the total payments to determine the amount overpaid or underpaid for each cost-reporting period. "Total payments" shall include interim reimbursements, health connect Kansas case management payments, third party liability, and any other payment for covered services.

(1) Cost settlement for independent rural health clinic.

(A) Cost report. The audited medicare cost report of the independent rural health clinic received from the medicare carrier shall be used by the agency.

(B) Allowable Kansas medical assistance program cost. The allowable medicaid cost of an independent rural health clinic shall be obtained by applying the audited medicare reimbursement rate per visit to medicaid paid claims data. For independent rural health clinic providers with multiple locations, aggregate medicaid paid claims data for all clinics shall be used.

(2) Cost settlement for provider-based rural health clinic.

(A) Cost report. The audited medicare cost report of the health care organization of which the rural health clinic is a part shall be used by the agency. This cost report is provided by the medicare intermediary.

(B) Allowable Kansas medical assistance program cost. Pursuant to 42 CFR 413.9 (a) and Section 4205 of the balanced budget act of 1997, the allowable medicaid cost shall be the lowest of the following three amounts:

(i) Cost computed by using the cost report;

(ii) cost computed by applying medicare maximum rate; or

(iii) billed charges.

(e) Fiscal and statistical records and audits. The requirements in K.A.R. 30-5-118a(d) shall apply.

(f) This regulation shall take effect on and after January 1, 1999.

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History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c; effective May 1, 1981; amended July 1, 1994; amended Jan. 1, 1999.)

Kan. Admin. Regs. § 30-5-83 Scope of services for ambulatory surgical centers

Coverage shall be limited to non-elective surgical services, except for sterilization operations or for participants in the Kan Be Healthy program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended, T-85-9, April 11, 1984; amended May 1, 1985; amended Jan. 2, 1989.)

Kan. Admin. Regs. § 30-5-83a Reimbursement for ambulatory surgical centers

Reimbursement shall be made as a fee for service established by the secretary. No fee shall be paid in excess of reasonable cost or charges, whichever is less.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended, T-87-44, Jan. 1, 1987; amended, T-88-10, May 1, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-84 This rule and regulation shall expire on January 1, 1990

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; amended May 1, 1988; amended July 1, 1989; revoked Jan. 1, 1990.)

Kan. Admin. Regs. § 30-5-84a This rule and regulation shall expire on January 1, 1990

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1986; amended May 1, 1988; revoked Jan. 1, 1990.)

Kan. Admin. Regs. § 30-5-85 Scope of independent laboratory services

The services of independent laboratories shall be available to program recipients if: (a) the laboratory has been certified by medicare to perform the services;

(b) the laboratory is independent from the office of the ordering physician; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708c; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-85a Reimbursement for independent laboratory services

Reasonable fees as related to customary charges shall be paid for independent laboratory services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1982 Supp. 39-708c; effective May 1, 1981; amended May 1, 1983.)

Kan. Admin. Regs. § 30-5-86 Scope of services by community mental health centers

(a) Community mental health center services shall be available to program recipients in:

(1) Outpatient treatment programs licensed by mental health and retardation services;

(2) approved inpatient treatment programs;

(3) partial hospitalization programs approved by mental health and retardation services pursuant to K.A.R. 30-5-110 and certified to participate in medicare; and

(4) the recipient's private residence.

(b) (1) During a calendar year, outpatient psychotherapy shall be limited to 32 hours per recipient unless the recipient is a "Kan Be Healthy" program participant. Outpatient psychotherapy shall be limited to 40 hours per calendar year for each "Kan Be Healthy" program participant.

(2) Outpatient psychotherapy shall be covered, when medically necessary, and when provided concurrently with both targeted case management services and partial hospitalization services by the same provider.

(c) Four hours of psychological testing and evaluation shall be allowed every two consecutive calendar years for medicaid program recipients regardless of provider except that "Kan Be Healthy" program participants shall be allowed six hours. Admission evaluations shall not exceed five hours per calendar year and may include a physical examination.

(d) Inpatient psychotherapy shall be available pursuant to K.A.R. 30-5-81. Case conferences may be considered as individual therapy if they meet the definition in K.A.R. 30-5-58. Group therapy shall be reimbursable only if it is rendered on a day when group therapy has not been a part of partial hospitalization.

(e) Targeted case management services shall be limited to an amount per calendar year per recipient as specified by the secretary.

(f) Services shall be provided by a psychiatrist, a licensed psychologist with a doctoral degree or a registered master's level psychologist, master's degree social worker, master's degree psychiatric nurse, or individuals certified by the Kansas association of community mental health center directors' professional standards committee and approved by the agency, unless the approval is contrary to law or regulation.

(g) The effective date of this regulation shall be December 29, 1995.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1994 Supp. 39-708c, as amended by L. 1995, Ch. 153, Sec. 1; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; modified, L. 1983, ch. 361, May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-29, Nov. 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Aug. 1, 1990; amended July 1, 1991; amended Oct. 1, 1992; amended Jan. 4, 1993; amended Dec. 29, 1995.)

Kan. Admin. Regs. § 30-5-86a Reimbursement for community mental health centers

Reasonable fees as related to customary charges shall be paid for community mental health center services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The effective date of this regulation shall be July 1, 1988.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-86b This rule and regulation shall expire on July 1, 1988

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1986; amended May 1, 1988; revoked July 1, 1988.)

Kan. Admin. Regs. § 30-5-86c New provider rates for community mental health centers

(a) Rates for the first 18 months of a new community mental health center shall be computed from projected costs. The first projection, based on 12-month projected cost data, shall apply to the first six months of operation. The second 12-month projection, based on six months' actual cost data, shall be filed within 60 days after the end of the sixth month. The projected rate shall remain in effect until a rate can be established from a cost report based on historical cost data for the last 12 months of the projection period. Failure to complete and submit the required cost report or other financial data shall result in that center's reimbursement rate being reduced to the lowest rate paid to a community mental health center.

(b) Each new provider shall file a cost report based on historical cost data for the 12-month period ending on the last day of the 18th month following licensure of the community mental health center. Retroactive adjustments of the payments made during the projection period shall be made at the end of the 18-month period after audit of the historical cost data. Settlement of an overpayment or underpayment shall be at the audited rate computed from the historical cost data reported in accordance with this paragraph, or at the highest fee charged to and paid by private patient resources within the catchment area, or at the range maximums established by the secretary, whichever is less.

(c) Rates for a new provider, subsequent to the projection period, shall be based on the historical cost data reported in accordance with subsection (b), adjusted by an inflation factor established by the secretary, to compute a rate comparable to the rates computed in K.A.R. 30-5-86b for existing providers. This rule and regulation shall expire on July 1, 1988.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1986; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-86d Financial recordkeeping for community mental health centers

(a) Records shall be maintained by the provider to document income and expenditures, hours of services provided, allocation methodologies, and fees charged to and paid by private patient resources.

(b) Each provider record used in support of costs, charges and payments for services and supplies shall be subject to inspection and audit by the agency, the United States department of health and human services, and the United States general accounting office. Standardized definitions, accounting, statistics and reporting practices which are widely accepted in community mental health centers and related fields shall be followed. This rule and regulation shall expire on July 1, 1988.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1986; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-86e Modification of prospective rates for communty mental health centers

(a) Each community mental health center participating in the prospective payment system may request that the rate review committee set forth in paragraph (g) modify its reimbursement rate if its current medicaid/medikan program unit cost exceeds the unit reimbursement rate by at least 15%.

(b) Each rate modification request shall be in writing, shall set forth sufficient information and documentation to support the request, and shall be received by the division of medical programs prior to April 1 of each year.

(c) The review committee shall submit its recommendations to the commissioner of income maintenance and medical services within 60 days after its receipt of the request.

(d) The commissioner shall have five working days from the receipt of the review committee's recommendations to accept, modify or reject them. The recommendations of the review committee shall become final if the commissioner fails to act within 60 days of the committee's receipt of the request.

(e) The commissioner shall notify the agency or community mental health center of the disposition of its modification request within five working days of the final decision.

(f) Each approved modification shall become effective on and after July 1 of that year.

(g) The secretary shall appoint a rate review committee consisting of six members and six alternates. Three of the members and three of the alternates shall be selected in consultation with the association of community mental health centers of Kansas. This rule and regulation shall expire on July 1, 1988.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1986; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-87 Scope of the Kan Be Healthy program

Kan Be Healthy screenings shall be available at intervals designated by the Kansas department of social and rehabilitation services and at other medically necessary intervals for all program recipients under 21 years of age. (a) The Kan Be Healthy medical screening shall include, but shall not be limited to, the following procedures:

(1) Comprehensive health and developmental history;

(2) comprehensive, unclothed physical examination;

(3) appropriate laboratory tests;

(4) appropriate immunizations according to age and health history;

(5) health education including anticipatory guidance; and

(6) scheduling or referral for diagnosis and treatment necessary to correct defects and chronic conditions discovered during screening.

(b) The Kan Be Healthy dental screening shall include, but shall not be limited to, the following procedures:

(1) Comprehensive oral examination; and

(2) scheduling or referral for diagnosis and treatment necessary to correct defects and chronic conditions discovered during screening.

(1) A vision screening; and

(2) scheduling or referral for diagnosis and treatment necessary to correct defects and chronic conditions discovered during screening.

(d) The Kan Be Healthy hearing screening shall include, but shall not be limited to, the following procedures:

(1) Appropriate hearing testing; and

(2) scheduling or referral for diagnosis and treatment necessary to correct defects and chronic conditions discovered during screening.

(e) Diagnosis and treatment to correct defects and chronic conditions discovered during screening shall include, but shall not be limited to, the following services:

(1) Eyeglasses;

(2) relief of pain and infections, restoration of teeth and maintenance of dental health;

(3) hearing aids; and

(4) other necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended May 1, 1984; amended, T-85-24, Sept. 18, 1984; amended May 1, 1985; amended May 1, 1988; amended Jan. 2, 1989; amended, T-30-6-1-90, June 1, 1990; amended Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-87a Reimbursement for Kan Be Healthy program services

(a) Reimbursement for screening and appropriate referral shall be made as a fee for service established by the secretary. No fee shall be paid in excess of reasonable cost or charges, whichever is less.

(b) Reimbursement for diagnosis and treatment shall follow the guidelines established for all other provider groups in the program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, T-87-44, Jan. 1, 1987; amended, T-88-10, May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989.)

Kan. Admin. Regs. § 30-5-88a Reimbursement for physician services

(a) Reasonable fees as related to customary charges shall be paid for physician services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

(b) The maximum rate for services provided by a physician extender shall be 75% of that allowed for the physician who is billing for the physician extender services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1982 Supp. 39-708c; effective May 1, 1981; amended May 1, 1983.)

Kan. Admin. Regs. § 30-5-89 Scope of home health services

(a) Covered home health services shall be available to program recipients if both of the following conditions are met:

(1) A physician has developed a plan of treatment and has certified the need for the service.

(2) The service is determined to be medically necessary pursuant to K.A.R. 30-5-58.

(b) Skilled nursing services that are provided on a part-time or intermittent basis shall be provided by a home health agency that meets the requirements for participation in medicare. If there is no such agency in the recipient's county of residence, skilled nursing services may be provided by a registered professional nurse who is licensed in Kansas.

(c) Except as specified in subsection (d), home health services shall be provided by an agency that meets the requirements to participate in medicare. Home health services shall include the following:

(1) Skilled nursing services provided by a registered professional nurse or a licensed practical nurse;

(2) home health aide services;

(3) restorative and rehabilitative physical therapy;

(4) restorative and rehabilitative occupational therapy;

(5) restorative and rehabilitative speech therapy;

(6) respiratory therapy for Kan Be Healthy program participants;

(7) immunizations;

(8) durable medical equipment and medical supplies pursuant to K.A.R. 30-5-108 and K.A.R. 30-5-166; and

(9) restorative aide services.

(d) Prior authorized medical attendant care for independent living (ACIL) by a licensed home health agency shall be covered for eligible beneficiaries.

(1) Covered services for the ACIL program shall consist of the following:

(A) Attendant care;

(B) skilled nursing care provided by a licensed practical nurse or registered professional nurse; and

(2) Covered services shall meet the following requirements:

(A) Continue as long as the recipient complies with the plan of care and meets the eligibility requirements for program participation set by the Kansas department of social and rehabilitation services;

(B) not be reimbursed if provided in the same 24-hour period as designated medicaid HCBS services; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended July 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended Jan. 1, 1990; amended Aug. 15, 2003.)

Kan. Admin. Regs. § 30-5-89a Reimbursement for home health services

(a) Reimbursement shall be based upon the fee for services and at a rate established by the secretary.

(b) Reimbursement for medical supplies shall be pursuant to K.A.R. 30-5-108a.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; amended Aug. 15, 2003.)

Kan. Admin. Regs. § 30-5-90 This rule and regulation shall expire on August 1, 1990

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; revoked Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-92 Scope of pharmacy services

(a) The medical services provided to program recipients shall include pharmacy services.

(1) Kan Be Healthy participants shall be limited to those prescription-only and over-the-counter drugs, supplies, and devices that have been accepted for inclusion on any formulary listing for Kan Be Healthy participants adopted and distributed by the secretary to eligible providers of service.

(2) Other medicaid recipients shall be limited to those prescription-only and over-the-counter drugs, supplies, and devices that have been accepted for inclusion on any formulary listing for other medicaid recipients adopted and distributed by the agency to eligible providers of service.

(b) Covered drugs, supplies, and devices shall be prescribed by the recipient's attending practitioner and dispensed in a pharmacy by a pharmacist, with the exception of those drugs, supplies, or devices designated by the secretary.

(c) Each provider of pharmacy services shall comply with the provisions of K.A.R. 30-5-59 and shall be assigned a pharmacy services provider number.

(d) (1) Each pharmacist shall dispense each brand-name legend drug as prescribed if either of the following conditions is met:

(A) The pharmacist receives a written prescription on which the prescriber has signed on the "dispense as written" signature line or has personally handwritten "dispense as written" or "D.A.W." on the prescription.

(B) The pharmacist receives an oral prescription in which the prescriber has expressly indicated that the prescription is to be dispensed as communicated.

(2) Each pharmacist shall dispense the generic form of a prescribed brand-name drug, after disclosing the substitution to the consumer, if all of the following conditions are met:

(A) The pharmacist receives either of the following:

(i) a written prescription on which the prescriber has neither signed on the "dispense as written" signature line nor personally handwritten "dispense as written" or "D.A.W." on the prescription; or

(ii) an oral prescription in which the prescriber has not expressly indicated that the prescription is to be dispensed as communicated.

(B) There is available in the pharmacist's stock a less expensive generic drug that is rated bioequivalent (AB-rated) by the food and drug administration.

A pharmacist may also make a substitution in a manner consistent with the oral instructions of the prescriber. The pharmacist shall notify the consumer if the pharmacist is dispensing a drug other than the brand-name drug prescribed.

(3) If more than one safely interchangeable generic drug is available in the pharmacist's stock, then the pharmacist shall dispense the least expensive alternative.

(4) Nothing in this subsection shall be deemed to require a pharmacist to substitute a generic drug if the substitution will make the transaction ineligible for reimbursement.

(5) If a pharmacist dispenses a brand-name legend drug and, at that time, a less expensive generic drug is also available in the pharmacist's stock, the pharmacist shall disclose to the consumer that a generic drug is available.

(e) If a drug product is issued to a patient of a long-term care facility and subsequently is not used, the long-term care facility shall return the drug product to the vendor pharmacy for repackaging and crediting to the secretary if the drug product meets all of the following conditions:

(1) The drug product is a prescription drug product that is not a controlled substance.

(2) The drug product is sealed in individually packaged units or in a multiple-dose, sealed container approved by the federal food and drug administration from which no doses have been withdrawn.

(3) The drug product is returned to the vendor pharmacy at least 90 days before the expiration date.

(4) The drug product is determined to be of acceptable integrity by a licensed pharmacist.

(f) Each long-term care facility shall establish procedures for the return of unused drug products to the vendor pharmacy from which the unused drug products were received.

(g) Each provider of pharmacy services may be reimbursed the reasonable cost of returning and crediting unused drug products, as determined by the secretary.

(h) After prior notification of each provider, reimbursement under the program may be denied for any of the following:

(1) Certain drugs, supplies, and devices determined by the secretary to be less than effective;

(2) drugs, supplies, and devices that do not meet the requirements of section 1927 of the social security act, 42 U.S.C. 1396r-8, as amended Nov. 29, 1999, which is adopted by reference, pertaining to available rebates or the medical necessity of the drug, supply, or device; or

(3) drugs, supplies, or devices restricted by the secretary under the provisions of section 1927 of the social security act, 42 U.S.C. 1396r-8 regarding permissible restrictions.

Selected drugs, supplies, and devices shall be considered for coverage only when prior authorization criteria are met.

(i) Pharmacy services provided for parenteral administration of total nutritional replacements in the consumer's home shall not be covered through the pharmacy program and shall be billed through the durable medical equipment program.

(j) The total number of prescriptions that any recipient may receive in a given time period shall be limited as determined by the secretary.

(k) Selected pharmacy services shall be limited to a dollar value for a given time period as determined by the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988; amended Jan. 2, 1989; amended Aug. 1, 1990; amended May 1, 1991; amended July 6, 2001.)

Kan. Admin. Regs. § 30-5-94 Reimbursement for pharmacy services

(a) Each pharmacy provider shall be reimbursed for covered pharmacy services on the basis of product acquisition cost plus a dispensing fee. In no case shall reimbursement for a prescription exceed the lesser of the provider's usual and customary charge for that prescription or the state allowable for that prescription. The submitted charge and payment for covered over-the-counter pharmacy products shall not exceed the lesser of the product acquisition cost plus the dispensing fee or the usual and customary over-the-counter charge of the pharmacy provider.

(b) The acquisition cost shall include a maximum allowable cost for selected multiple-source drugs as determined by the secretary.

(c) The dispensing fee assigned to pharmacy providers shall be $3.40 per prescription unless a different rate is established by the secretary.

(d) If an inactive pharmacy wishes to become an active provider, the pharmacy shall reapply according to K.A.R. 30-5-59.

(e) In areas in which pharmacy services are not available, each physician dispensing prescriptions to consumers shall be eligible to receive reimbursement for provision of those services after a pharmacy provider number has been issued by the department according to K.A.R. 30-5-59.

(1) Each physician assigned a pharmacy provider number shall be reimbursed on the basis of product acquisition cost plus a dispensing fee of $.74 per prescription.

(2) The physician shall not be reimbursed a dispensing fee for injectable drugs administered in the office, except as included in the charge for the professional services of the physician.

(f) Each pharmacy provider shall be reimbursed only when the covered service has been prescribed by the consumer's attending practitioner.

(g) This regulation shall be effective on and after December 31, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended July 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended May 1, 1991; amended Dec. 29, 1995; amended Oct. 1, 1997; amended July 6, 2001; amended Dec. 31, 2002.)

Kan. Admin. Regs. § 30-5-95 Cost report requirement for pharmacy services

(a) The cost reports filed by pharmacy providers for professional fee determination shall reflect data which coincides with the immediate fiscal year used for federal income taxes that ends prior to the cost report filing due date, except in those cases where the provider is not required to file a federal income tax return. In such cases, the provider shall file a cost report from the official financial reporting records of the business.

(b) (1) A pharmacy shall have been in operation for at least six months in the cost reporting period and have submitted at least 250 medicaid prescription claims annually during the cost reporting period at fiscal year end, to file an initial cost report.

(2) Any Kansas pharmacy that fails or refuses to file a cost reports when required shall not be assigned a professional fee.

(3) Any pharmacy that does not receive a professional fee as a result of failure or refusal to file cost reports shall have a professional fee calculated and assigned following the completion of the next report as required by the department. The assignment of such a professional fee will take effect at the same time all professional fees of pharmacies are adjusted through the standard fee setting procedures of the department. If all pharmacy fees are not adjusted through the standard fee setting procedures of the department, the pharmacy shall be assigned a fee that corresponds to the average fee in effect at the time the pharmacy submits the cost report. The assignment of a fee to a pharmacy which previously failed or refused to file a cost report shall take effect at a date set by the secretary. There shall be no retroactive cost adjustment or settlement.

(c) Cost report and prescription survey forms, instructions, and notice of the requirement to file shall be prepared by the Kansas department of social and rehabilitation services and distributed to all pharmacy providers as required.

(d) The effective date of this regulation shall be December 29, 1995.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1994 Supp. 39-708c, as amended by L. 1995, Ch. 153, Sec. 1; effective May 1, 1981; amended May 1, 1984; amended May 1, 1987; amended July 1, 1989; amended May 1, 1991; amended April 1, 1992; amended Dec. 29, 1995.)

Kan. Admin. Regs. § 30-5-96 Cost report data and record keeping requirements for pharmacy services

(a) The principles of cost related reimbursement require that providers maintain sufficient financial and prescription records to facilitate appropriate cost reporting and professional fee determination. Standardized definitions, accounting, statistics, record keeping and reporting practices which are widely accepted in pharmacy practice and related fields shall be adhered to. Significant modifications in these practices and systems shall not be required in order to determine costs pertinent to the principle of cost related reimbursement.

(b) The pharmacy provider shall keep and make available for review, upon request of the agency, the supporting records and documents as are necessary to ascertain that the cost related professional fee determination and program payments are appropriate. These records shall include matters regarding pharmacy ownership and organizational structure; fiscal and prescription record keeping systems; lease and acquisition agreements; state and federal income tax returns with all supporting documents; drug product, devices and supply purchase invoices; asset acquisition, lease or sale; franchise or management arrangements; pharmacy services charge schedules; income receipts by source and purpose; and records pertaining to all other reported costs of operation on the cost study report. Other records shall be made available as necessary. Pertinent records shall be maintained by the pharmacy provider for five (5) years from the date of filing the corresponding cost report with the agency. Records in support of costs, charges and payments for services and products are subject to inspection and audit by the agency and the United States department of health and human services. If a pharmacy provider does not maintain adequate records to support cost related professional fee determination, the assigned professional fee to that provider shall be suspended or reduced to the lowest fee determined for all participating pharmacy providers that filed a cost report for the period of inadequate records. Program payments to such providers shall be suspended or reduced until the agency is assured that adequate records are maintained.

(c) Cost reports filed by pharmacy providers shall reflect cost data provided in accordance with generally accepted accounting principles, and in adequate detail to permit recasting of the costs derived from the accounts ordinarily kept by the provider to ascertain the costs pertinent to various facets of the total pharmacy operation. The data, including source documentation, shall be accurate for the appropriate reporting period and sufficient to support cost related professional fee determination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708c; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-97 Cost report data limitations and allowances for pharmacy services

(a) Allowable costs for cost related reimbursement and professional fee determination shall be limited to those that arise from arms length transactions between unrelated parties. Related parties shall exist when one (1) party of a transaction has the ability to significantly influence another party to the extent that their own separate interests may not be fully pursued.

(1) Costs not related to the provision of pharmacy services shall be disallowed in the computation of the professional fee. Related costs shall be allowed in total, fractionally allocated or limited in the professional fee computation process per cost finding and allocation techniques employed in the analysis of pharmacy cost reports.

(2) The following costs shall be disallowed, fractionally allocated or limited in the analysis of cost reports:

(A) transactions between related parties are disallowed as costs (i.e., non-arms length transactions), except that compensation received by owners shall be limited to a reasonable amount and accepted as an allowable cost if the owner actually performs functions directly related to the provision of pharmacy services. The reasonable limitation of an owner's compensation shall take into consideration the costs that would have been incurred to pay a non-owner employee for performance of the duties related to the provision of pharmacy services;

(B) costs deemed unreasonable by comparison with similar costs incurred by similar pharmacy providers may be limited or disallowed;

(D) corporate officer's fees shall be considered as owner's compensation and subject to the limitations applicable to owner's compensation.

(3) Nothing in this section shall preclude application of reasonable limitations on any other specific cost data items as considered appropriate by the agency.

(b) Audit findings and conclusions per review of pharmacy provider cost reports and subsequent professional fee determinations which reveal overpayment by the agency for pharmacy services shall be subject to refund to the agency by such pharmacy providers. Audit activities which reveal underpayment by the agency to pharmacy providers shall be subject to adjustment payment by the agency to such providers.

(c) Insufficient documentation to support payment for services provided as reflected on billings submitted to the agency by pharmacy providers shall result in suspension or denial of program payments to such provider pending verification of documentation to support the billed charges.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708c; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-100 Scope of dental services

(a) Dental services shall be covered for recipients receiving a Kan Be Healthy dental screening.

(1) Both a Kan Be Healthy medical screening and a Kan Be Healthy dental screening shall be required for coverage of limited orthodontia services, with the exception of emergency services.

(2) Prior authorization shall be required for designated services.

(3) Prior authorization shall be required for dental treatment plans estimated to exceed, during a calendar year, the range maximum established by the secretary.

(b) Dental services for medicaid recipients not participating in the Kan Be Healthy program shall be limited to the following treatments:

(1) Orcantral fistula closure;

(2) unilateral radical antrotomy;

(3) biopsy of oral tissue;

(4) radical excision of lesion;

(5) excision of tumors;

(6) removal of cysts and neoplasms;

(7) partial ostectomy;

(8) surgical incision and drainage of abscess;

(9) removal of foreign bodies, skin, subcutaneous areolar tissue;

(10) sequestrectomy for osteomyelitis;

(11) maxillary sinusotomy for removal of tooth fragment or foreign body;

(12) treatment of fractures;

(13) closed reduction of dislocation and related injections;

(14) limitation of motion and related injections;

(15) sutures;

(16) oral skin grafts;

(17) frenulectomy;

(18) excision of pericoronal gingiva;

(19) sialalithotomy;

(20) excision of salivary gland;

(21) sialodochoplasty;

(22) closure of salivary fistula;

(23) emergency tracheotomy;

(24) general anesthesia: first 30 minutes;

(25) general anesthesia: each additional 15 minutes;

(26) consultation in the form of diagnostic services provided by a dentist or physician other than the practitioner providing treatment;

(27) house call or extended care facility call;

(28) hospital call; and

(29) prior authorized procedures for medically necessary tooth extractions.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended, T-84-7, May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended, T-87-44, Jan. 1, 1987; amended, T-88-10, May 1, 1987; amended May 1, 1988; amended, T-30-7-29-88, July 29, 1988; amended Sept. 26, 1988; amended Jan. 2, 1989; amended Oct. 1, 1989; amended Aug. 1, 1990; amended Dec. 31, 1992; amended Sept. 27, 1993; amended Jan. 1, 2002.)

Kan. Admin. Regs. § 30-5-100a Reimbursement for dental services

Reimbursement shall be made on the basis of reasonable charges, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The sum of payments per Kan Be Healthy recipient for dental services provided during each fiscal year beginning July 1, 1987, shall be limited to an amount specified by the secretary. Prior authorization shall be obtained before exceeding this payment limit. The effective date of this regulation shall be December 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective May 1, 1981; amended May 1, 1987; amended Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-102 Scope of optometric and optical services

Optometric and optical services shall be covered for medicaid recipients. (a) These services shall include the following:

(1) Optometric examinations;

(2) medical treatment pursuant to K.S.A. 65-1501, and amendments thereto;

(3) grinding and edging lenses, and assembling and dispensing eyeglasses; and

(4) providing optical materials. Optical materials shall include the following:

(A) Frames. The materials covered shall be only frames showing the manufacturer's name on either the front or temple; and

(B) lenses. Only lenses meeting designated standards shall be acceptable. For single lens replacement, the replacement lens shall be made of quality similar to that of the remaining usable lens.

(b) Limitations.

(1) Prior authorization shall be required for designated services.

(2) The second and subsequent sets of eyeglasses shall meet the standards specified by the secretary.

This regulation shall be effective on and after January 1, 2004.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended, T-30-1-2-03, Jan. 2, 2003; amended April 18, 2003; amended Jan. 1, 2004.)

Kan. Admin. Regs. § 30-5-102a Reimbursement for optometric and optical services

Reimbursement for covered services shall be made on the basis of reasonable charges, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-103 Scope of podiatric services

Podiatric services shall be covered for Kan Be Healthy program participants. (a) Covered services shall be diagnosis and the manual, medical, surgical or pharmaceutical treatment of those parts of the body below the ankle. Diagnosis and treatment of tendons and muscles of the lower leg as they relate to conditions of the foot shall also be covered.

(b) Surgery shall be limited to that performed on an outpatient basis.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective May 1, 1981; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended Jan. 7, 1991; amended, T-30-8-9-91, Aug. 30, 1991; amended Oct. 28, 1991.)

Kan. Admin. Regs. § 30-5-103a Reimbursement for podiatric services

Reimbursement for covered services shall be made on the basis of reasonable charges, except that a fee in excess of the range maximum shall not be paid.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-104 Scope of psychological services

Psychological services shall be covered for medicaid recipients when provided by clinical psychologists who are licensed by the behavioral sciences regulatory board. (a) Psychotherapy services shall be limited to 40 hours per calendar year for Kan Be Healthy program participants.

(b) Psychotherapy services shall be limited to 32 hours per calendar year for those not participating in the Kan Be Healthy program.

(c) Psychotherapy shall not be covered when provided concurrently by the same provider with both partial hospitalization and case management.

(d) Special psychological services for Kan Be Healthy program participants shall be rendered pursuant to a plan approved by the Kansas department of social and rehabilitation services. The plan shall require prior authorization, and shall not exceed a two-year period. Quarterly progress reports shall be submitted to the department upon request.

(e) Inpatient hospital visits shall be limited to those visits ordered by the recipient's physician, and shall not exceed those allowable days for which the hospital is paid or would be paid if there were no spenddown requirements.

(f) Visits to nursing facilities by the psychologist as part of the plan of care shall be ordered by the recipient's physician. Visits to intermediate care facilities for mental retardation shall be limited to psychological testing and evaluation. Visits to nursing facilities for mental health shall be limited to program consultation.

(g) Four hours of psychological testing and evaluation shall be allowed every two consecutive calendar years for medicaid program recipients regardless of provider except that Kan Be Healthy program participants shall be allowed six hours. The effective date of this regulation shall be July 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708; effective May 1, 1981; amended May 1, 1982; modified, L. 1983, ch. 361, May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Aug. 1, 1990; amended Jan. 2, 1991; amended July 1, 1991.)

Kan. Admin. Regs. § 30-5-104a Reimbursement for psychologists services

Reimbursement shall be made on the basis of reasonable charges, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1980 Supp. 39-708c; effective May 1, 1981.)

Kan. Admin. Regs. § 30-5-105 Scope of hearing services

Hearing services shall be covered for medicaid recipients. (a) Medical diagnosis, audiological testing, and the fitting and dispensing of hearing aids and appropriate accessories shall be covered.

(b) A medical diagnosis shall be made by an ear specialist or by a general practitioner if an ear specialist is not easily available.

(d) Fitting, dispensing, and follow-up shall be performed by a hearing aid dealer.

(e) A hearing aid shall not be covered if the physician indicates that a medical condition contraindicates the effectiveness of an aid.

(f) This regulation shall be effective on and after January 1, 2004.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended Oct. 1, 1993; amended, T-30-1-2-03, Jan. 2, 2003; amended April 18, 2003; amended Jan. 1, 2004.)

Kan. Admin. Regs. § 30-5-105a Reimbursement for hearing services

Reimbursement for hearing services and for the fitting and dispensing of hearing aids, accessories, and follow-up service shall be made on the basis of reasonable charges, except that a fee in excess of the range maximum shall not be paid. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1981; amended May 1, 1986.)

Kan. Admin. Regs. § 30-5-106 Scope of ambulance services

(a) General provisions of coverage. Ambulance services shall be available to program recipients. Services shall include the following:

(1) emergency transportation to a facility where medical services will be rendered; and

(2) non-emergency transportation of a recipient between the recipient's residence and a medical facility in the recipient's local community or the nearest facility able to render the medically necessary services, and transportation of a patient from one medical facility to another medical facility when the original facility provides inadequate services for treating the patient. Transportation under this paragraph shall require prior authorization for designated services.

(b) Limitations.

(1) The ambulance service shall be licensed.

(2) The recipient's condition shall be such that the use of any other method of transportation is not possible without endangering the health of the recipient.

(3) The use of licensed ambulances for non-emergency wheelchair transportation shall not be covered.

(4) Non-emergency ambulance transportation of a nursing facility resident shall not be covered.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended April 1, 1995.)

Kan. Admin. Regs. § 30-5-106a Reimbursement for ambulance services

Reasonable fees as related to customary charges shall be paid for ambulance services. However, no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended, T-87-44, Jan. 1, 1987; amended, T-88-10, May 1, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-107 Scope of non-emergency medical transportation services

(a) Non-commercial transportation, including wheelchair transportation, to and from medicaid-covered services, shall require prior authorization except for trips to receive emergency care. Services shall be provided only when transportation is not otherwise available to the recipient.

(b) The least expensive means of transportation suitable to the recipient's medical need shall be used.

(d) This regulation shall be effective on and after July 1, 2003.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended April 1, 1995; amended Oct. 1, 1997; amended July 1, 2003.)

Kan. Admin. Regs. § 30-5-107a Reimbursement for non-emergency medical transportation services

(a) Non-commercial, non-emergency medical transportation providers shall be paid 22 cents per mile.

(b) Each commercial, non-emergency medical transportation provider shall be reimbursed at one of the following rates:

(1) For level one general transportation, $10.00 for each one-way trip to a medicaid-covered service for a medicaid beneficiary, plus $1.00 per mile after 10 miles; or

(2) for level two transportation for a non-ambulatory medicaid beneficiary, transportation of medical equipment with a medicaid beneficiary, or transportation of a medicaid beneficiary following a treatment that will result in a disabling physical condition, $20.00 for each one-way trip to a medicaid-covered service for a medicaid beneficiary plus $1.00 per mile after 10 miles.

(c) Reimbursement for necessary meals and lodging may be allowed for Kan Be Healthy participants and one attendant, subject to prior authorization.

(d) This regulation shall be effective on and after July 1, 2003.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended July 1, 2003.)

Kan. Admin. Regs. § 30-5-108a Reimbursement for durable medical equipment, medical supplies, orthotics, and prosthetics

(a) Reimbursement for covered services shall be made on the basis of rates established by the secretary.

(b) Reimbursement for used equipment or repairs of equipment shall not exceed 75% of the reimbursement rate for new equipment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended May 1, 1983; amended May 1, 1986; amended Dec. 31, 2002.)

Kan. Admin. Regs. § 30-5-109 Scope of services in freestanding inpatient psychiatric facilities

(a) Services shall be available to program recipients who are 65 and over if the services are provided by a facility that meets the medicare requirements.

(b) Services shall be available to program recipients who are under 21 years of age if the services are provided by a facility accredited by the joint commission on accreditation of hospitals.

(c) Services for recipients under age 21 shall be rendered before the recipient reaches age 21 or, if the recipient was receiving the services immediately before reaching the age of 21, before the earlier of the following:

(1) The date the recipient no longer requires the services; or

(2) the date the recipient reaches the age of 22.

(d) Free-standing inpatient psychiatric facility admissions for persons under 21 shall be certified by an interdisciplinary team. This certification shall include documentation that the team has evaluated the patient, considered all local community resources for ambulatory care, and concluded that none of the available resources meet the patient's treatment needs.

(e) This regulation shall take effect on and after July 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1996 Supp. 39-708c; effective May 1, 1982; amended May 1, 1983; amended July 1, 1997.)

Kan. Admin. Regs. § 30-5-109a Reimbursement for freestanding psychiatric facilities

Reimbursement for free-standing psychiatric facilities shall be pursuant to K.A.R. 30-5-81b as a general hospital. The effective date of this regulation shall be October 1, 1993.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c; effective May 1, 1982; amended Oct. 1, 1993.)

Kan. Admin. Regs. § 30-5-110 Scope of partial hospitalization programs

(a) Partial hospitalization services shall be provided in a community mental health center or a facility affiliated with a community mental health center. The only exception to this is "Kan Be Healthy" program participants who may receive services in either an affiliated or non-affiliated partial hospitalization program.

(b) Supportive partial hospitalization services shall be limited to a specified number of hours per year.

(c) Partial hospitalization services provided by state institutions shall be exempt from any limitations of hours per recipient per calendar year.

(d) The effective date of this regulation shall be December 29, 1995.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1994 Supp. 39-708c, as amended by L. 1995, Ch. 153, Sec. 1; effective May 1, 1983; amended, T-84-7, May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended July 1, 1989; amended Aug. 1, 1990; amended Oct. 28, 1991; amended May 1, 1992; amended Dec. 29, 1995.)

Kan. Admin. Regs. § 30-5-110a Reimbursement for partial hospitalization programs

Reasonable fees as related to customary charges shall be paid for partial hospitalization program services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-111 This rule and regulation shall expire on January 2, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-777, 39-778; effective, T-84-25, Oct. 1, 1983; effective May 1, 1984; amended May 1, 1986; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; revoked Jan. 7, 1991.)

Kan. Admin. Regs. § 30-5-112 Scope of local health department services

(a) Local health department services shall be covered for medicaid/medikan recipients.

(b) Covered services shall include the following:

(1) Kan Be Healthy program services;

(2) family planning services;

(3) maternal and child health services;

(4) home health nursing services when home health agency services are not available to the recipient;

(5) immunizations;

(6) nursing assessments performed by a registered nurse; and

(7) services to detect, diagnose and treat specific diseases.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989.)

Kan. Admin. Regs. § 30-5-112a Reimbursement for local health department services

Reasonable fees, as related to customary charges, shall be paid for local health department services, except that no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations of the reimbursement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c; effective May 1, 1987.)

Kan. Admin. Regs. § 30-5-113 Scope of advanced registered nurse practitioner and registered nurse anesthetist services

(a) Advanced registered nurse practitioner services shall be covered for medicaid/medikan recipients when provided by an advanced registered nurse practitioner who is certified pursuant to K.A.R. 60-11-103 or who meets criteria in K.A.R. 60-11-103 if practicing out-of-state. Covered services shall be pursuant to K.A.R. 30-5-88.

(b) Registered nurse anesthetist services shall be covered for medicaid/medikan recipients when provided by a registered nurse anesthetist who is authorized to practice pursuant to K.S.A. 1989 Supp. 65-1151 and 65-1152. Anesthesia services shall be covered. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-2-28-90, Feb. 28, 1990; amended Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-113a Reimbursement for advanced registered nurse practitioner and registered nurse anesthetist services

The maximum rate for a service provided by an advanced registered nurse practitioner or a registered nurse anesthetist shall be one of the following: (a) When the services may be provided by a physician, the rate shall be 75% of that allowed for the physician, except for anesthesia services and Kan Be Healthy screenings; or

(b) other services shall be based upon reasonable fees as related to customary charges, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1988; amended Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-114 Scope of targeted case management services

(a) Targeted case management services shall be covered for medicaid/medikan recipients.

(b) Covered services shall include the following:

(1) Referral for assessment;

(2) referral for treatment if appropriate according to the assessment; and

(3) assistance with gaining access to medically necessary services.

(c) Mental retardation targeted case management services shall be provided by mental retardation centers as defined in K.S.A. 19-4001 to 19-4005, inclusive, or agencies specifically designated by a mental retardation center to provide these services to individuals who are mentally retarded or developmentally disabled.

(d) Targeted nurse case management services for eligible medicaid recipients with at least one prior hospitalization for a high cost, high risk condition, and who are not eligible for any other medicaid case management services except the primary care network (PCN) services shall be provided by registered nurses in Sedgwick county only. Covered services shall include the following:

(1) Referral for assessment or performance of assessment;

(2) referral for treatment if appropriate according to the assessment; and

(3) assistance with gaining access to and coordination of medically necessary services. The effective date of this regulation shall be October 1, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c; effective May 1, 1988; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended, T-30-6-10-91, July 1, 1991; amended Oct. 28, 1991; amended Oct. 1, 1992.)

Kan. Admin. Regs. § 30-5-114a Reimbursement for targeted case management services

Reasonable fees as related to customary charges shall be paid for targeted case management services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1988.)

Kan. Admin. Regs. § 30-5-115 Scope of hospice services

Hospice services shall be covered for medicaid and medikan recipients who have been determined to be terminally ill by a physician and who have filed an election statement with a hospice enrolled to participate in the medicaid/medikan program. Hospice services shall be covered pursuant to Public Law 99-272, section 9505, effective April 7, 1986. Medicaid eligible individuals who reside in adult care facilities shall have room and board reimbursed. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989; amended, T-30-12-28-89, Jan. 1, 1990; amended, T-30-12-28-90, Feb. 28, 1990; amended Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-115a Reimbursement for hospice services

Reasonable fees as related to the medicare standards of hospice reimbursement as established pursuant to Public Law 99-272, section 9505, effective April 7, 1986, shall be paid for hospice services. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989.)

Kan. Admin. Regs. § 30-5-116 Scope of rehabilitation services

Rehabilitation services shall be covered for medicaid recipients when provided by providers enrolled pursuant to K.A.R. 30-5-59. These services may include the following: (a) Substance abuse treatment provided by an enrolled alcohol and drug addiction community service provider;

(b) behavior management services provided by an enrolled behavior management provider, including the following:

(1) Family mental health treatment services that have received prior authorization from a provider recommended by either the juvenile justice authority or the department's division of children and family policy;

(2) group mental health treatment services that have received prior authorization from a provider recommended by either the juvenile justice authority or the department's division of children and family policy;

(3) in-home, family-based mental health services that have received prior authorization from a provider recommended by either the juvenile justice authority or the department's division of children and family policy; and

(4) comprehensive evaluation and transition services for children who have special psychological or emotional, developmental, or health needs directed toward placement of the recipient in the least restrictive environment;

(c) psychological services, audiological services, Kan Be Healthy screenings, physical therapy, speech pathology or occupational therapy services provided to recipients when medically necessary for purposes of screening and evaluation and for providing services pursuant to an individualized educational plan or individualized family service plan and when provided by employees or contractors of enrolled local education agencies; and

(d) long-term head injury rehabilitation provided by an enrolled head injury rehabilitation facility. Long-term head injury rehabilitation shall be limited to only those individuals who meet the following criteria:

(1) Have sustained a traumatic head injury;

(2) continue to show progress in their recovery; and

(3) can benefit from transitional living skills training.

This regulation shall be effective on and after January 1, 2004.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective July 1, 1989; amended, T-30-1-2-90, Jan. 2, 1990; amended, T-30-2-28-90, Jan. 2, 1990; amended Aug. 1, 1990; amended Jan. 7, 1991; amended, T-30-10-2-91, Oct. 2, 1991; amended Jan. 2, 1992; amended July 1, 1994; amended Sept. 1, 1995; amended Jan. 1, 2004.)

Kan. Admin. Regs. § 30-5-116a Reimbursement for rehabilitation services

(a) Reimbursement for substance abuse treatment and long-term head injury rehabilitation shall be based upon a negotiated rate pursuant to a contract between the Kansas department of social and rehabilitation services and a provider.

(b) Reimbursement for inpatient rehabilitation services provided in a general hospital shall be based on the diagnosis related group system.

(c) Reasonable fees as related to customary charges shall be paid for other rehabilitation services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The effective date of this regulation shall be October 1, 1993.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c; effective July 1, 1989; amended Jan. 7, 1991; amended, T-30-10-2-91, Oct. 2, 1991; amended Jan. 2, 1992; amended Oct. 1, 1993.)

Kan. Admin. Regs. § 30-5-117 Scope of maternity center services

Maternity center services shall be covered when provided by a maternity center licensed by the Kansas department of health and environment or its equivalent when provided by a maternity center located out of state. Labor and delivery shall be covered. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-117a Reimbursement for maternity center services

Reasonable fees as related to customary charges shall be paid for maternity center services, except no fee shall be paid in excess of the range maximum. The range of charges shall provide the base for computations. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Aug. 1, 1990.)

Kan. Admin. Regs. § 30-5-150 Co-payment requirements for medikan program recipients

Medikan program recipients shall be obligated to the provider for co-payment amounts identical to the co-payment amounts for medicaid program recipients pursuant to K.A.R. 30-5-71.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended, T-87-20, Sept. 1, 1986; amended May 1, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-151 Scope of hospital services for medikan program recipients

Hospital services for medikan program recipients shall be limited to services provided for the following conditions:

(a) Acute psychotic episodes;

(b) traumatic injury;

(d) substance abuse acute detoxification.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective, T-84-8, April 1, 1983; amended, T-84-11, July 1, 1983; effective May 1, 1984; amended, T-85-24, Sept. 18, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; amended Dec. 31, 1992; amended, T-30-2-15-93, Feb. 15, 1993; amended June 1, 1993.)

Kan. Admin. Regs. § 30-5-152 Scope of rural health clinic services for medikan program recipients

The scope of rural health clinic services for medikan program recipients shall be identical to the rural health clinic services pursuant to K.A.R. 30-5-82 covered for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective T-84-8, April 1, 1983; effective, May 1, 1984; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-153 Scope of physical therapist services

(a) Physical therapist services shall be covered for medicaid/medikan beneficiaries when provided by a physical therapist who:

(1) is certified by medicare; and

(2) meets requirements listed in K.A.R. 100-35-1 through K.A.R. 100-35-7.

(b) The effective date of this regulation shall be December 29, 1995.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective Dec. 29, 1995.)

Kan. Admin. Regs. § 30-5-153a Reimbursement for physical therapist services

(a) Reasonable fees for customary charges shall be paid for physical therapist services except that no fee shall be paid in excess of the range maximum.

(b) The range of charges shall provide the base for the computation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 29, 1995.)

Kan. Admin. Regs. § 30-5-154 Scope of services by community mental health centers for medikan program recipients

The scope of community mental health center services for medikan program recipients shall be identical to the community mental health center services pursuant to K.A.R. 30-5-86 covered for adult medicaid program recipients with the following exceptions: (a) Outpatient psychotherapy shall be limited to 24 hours per calendar year per medikan recipient when provided by a community mental health center, physician, psychologist, or any combination of these providers;

(b) psychological testing shall be prior authorized and limited to six hours in any three consecutive calendar years for medikan recipients; and

(c) targeted case management services and partial hospitalization services shall be limited to amounts specified by the secretary for medikan recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-155 Scope of Kan Be Healthy program services for medikan program recipients

Kan Be Healthy program services shall not be covered for medikan program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended Jan. 2, 1989.)

Kan. Admin. Regs. § 30-5-156 Scope of physician services for medikan program recipients

The scope of physician services for medikan program recipients shall be identical to the physician services pursuant to K.A.R. 30-5-88 covered for medicaid program recipients with the exception that outpatient psychotherapy for medikan recipients shall be limited to 24 hours per calendar year per recipient when provided by a physician, psychologist, community mental health center, or any combination of these providers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; amended, T-84-11, July 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-157 Scope of home health services for medikan program recipients

The scope of home health services for medikan program recipients shall be identical to the home health services pursuant to K.A.R. 30-5-89 covered for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-158 Scope of pharmacy services for adult medikan program recipients

Coverage shall be limited to prescription-only and over-the-counter drugs, supplies and devices that have been accepted for inclusion on any formulary listing for adult medikan program recipients which has been adopted and distributed, by the agency, to eligible providers of service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-159 Scope of dental services for medikan program recipients

Dental services for medikan program recipients shall not be covered. The effective date of this regulation shall be December 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective, T-84-8, April 1, 1983; modified L. 1983, ch. 373, May 1, 1983; effective May 1, 1984; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; amended Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-160 Scope of chiropractic services for medikan program recipients

Chiropractic services for medikan program recipients shall not be covered. The effective date of this regulation shall be December 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; amended Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-161 Scope of podiatric services for medikan program recipients

Podiatric services for medikan program recipients shall not be covered. The effective date of this regulation shall be December 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; amended Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-162 Scope of psychological services for medikan program recipients

The scope of psychological services for adult medikan program recipients shall be identical to the psychological services pursuant to K.A.R. 30-5-104 covered for adult medicaid program recipients with the following exceptions:

(a) Outpatient psychotherapy shall be limited to 24 hours per calendar year per medikan recipient when provided by a psychologist, physician, community mental health center, or any combination of these providers;

(b) psychological testing and evaluation shall be limited to four hours in any three consecutive calendar years for medikan recipients; and

(c) targeted case management and partial hospitalization services shall be limited to amounts specified by the secretary of the department for medikan recipients. The effective date of this regulation shall be January 2, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152, Sec. 1; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended, T-87-20, Sept. 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 1, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended Jan. 7, 1991.)

Kan. Admin. Regs. § 30-5-163 Scope of hearing services for medikan program recipients

The scope of hearing services for medikan program recipients shall be identical to the hearing services pursuant to K.A.R. 30-5-105 covered for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-164 Scope of ambulance services for adult medikan program recipients

Coverage shall be limited to emergency transportation to a facility where medical services are rendered.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-165 Scope of non-ambulance medical transportation services for adult medikan program recipients

Non-ambulance medical transportation services shall not be covered for adult medikan program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-166 Scope of durable medical equipment, medical supplies, orthotic and prosthetic services for adult medikan program recipients

Coverage for durable medical equipment and medical supplies shall be limited to services necessary to support life.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-167 Scope of services in freestanding inpatient psychiatric facilities for medikan program recipients

The scope of services in free-standing inpatient psychiatric facilities for medikan program recipients shall be identical to the free-standing inpatient psychiatric facility services pursuant to K.A.R. 30-5-109 for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-168 Family planning services for medikan program recipients

The scope of family planning services for medikan program recipients shall be identical to the family planning services pursuant to K.A.R. 30-5-88(b)(5) covered for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1988; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-169 Scope of partial hospitalization services for medikan program recipients

(a) Partial hospitalization services shall be provided in a community mental health center or a facility affiliated with a community mental health center.

(b) Supportive partial hospitalization services shall be limited to a maximum of 720 hours per medikan recipient per calendar year.

(c) Crisis stabilization partial hospitalization services shall be limited to a maximum of 960 hours per medikan recipient per calendar year. The effective date of this regulation shall be December 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended July 1, 1989; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; amended Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-170 Scope of services for ambulatory surgical centers for medikan program recipients

The scope of ambulatory surgical center services for medikan program recipients shall be identical to the ambulatory surgical center services pursuant to K.A.R. 30-5-83 covered for adult medicaid program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1988.)

Kan. Admin. Regs. § 30-5-171 This rule and regulation shall expire on December 31, 1992

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984; amended May 1, 1988; revoked, T-30-12-28-89, Jan. 2, 1990; effective, T-30-2-28-90, Feb. 28, 1990; amended, T-30-6-10-91, July 1, 1991; revoked Dec. 31, 1992.)

Kan. Admin. Regs. § 30-5-172 Scope of optometric services for adult medikan program recipients

Optometric services shall not be covered for adult medikan program recipients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective, T-84-8, April 1, 1983; effective May 1, 1984.)

Kan. Admin. Regs. § 30-5-173 This rule and regulation shall be revoked on and after March 1, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1992, Chapter 322, K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective Jan. 4, 1993; revoked March 1, 1995.)

Kan. Admin. Regs. § 30-5-173a This rule and regulation shall be revoked on and after March 1, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1992, Chapter 322, K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, Chapter 322, Sec. 5; effective Jan. 4, 1993; revoked March 1, 1995.)

Kan. Admin. Regs. § 30-5-174 Delivery of managed care

Counties shall be selected by the secretary pursuant to K.S.A. 1994 Supp. 39-7,112, as amended, to participate in managed care service delivery options. Subject to provider availability, any beneficiary may be required to choose a managed care option in order to access covered program services. (a) Managed care contractors shall be selected by the secretary from willing providers based upon the best professional judgment of the secretary or designees in the best interest of the agency.

(b) Before signing a contract to provide services, each provider of capitated managed care shall have the ability to meet contract requirements, including but not limited to:

(1) financial solvency;

(2) a panel of service providers who shall be:

(A) appropriately credentialed;

(B) in active practice;

(D) culturally competent, which means a demonstrated ability to provide services which are sensitive to the needs of a diverse population including individuals of any income level, racial or ethnic background, language, handicapped condition or sexual preference;

(3) an approved quality management process; and

(4) other requirements determined by the secretary. In order to participate as a managed care provider, each contractor shall abide by every provision of the contract. Penalties for failure to abide by contract provisions shall be imposed by the secretary or other appropriate actions, as enumerated in the contract provisions may be taken.

(c) Each capitated managed care contractor shall be reimbursed at a rate set by the secretary on an actuarially sound basis. Each provider of primary care case management shall be reimbursed for those medically necessary services which are covered on a fee for service basis, plus a case management fee as determined by the secretary.

(d) The effective date of this regulation shall be September 1, 1995.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Sept. 1, 1995.)

Kan. Admin. Regs. § 30-5-300 Definitions

(a) The following words and terms for home- and community-based services (HCBS), when used in this article, shall have the following meanings, unless the context clearly indicates otherwise.

(1) "Accept medicare assignment" means that the provider will accept the medicare-allowed payment rate as payment in full for services provided to a consumer.

(2) "Activities of daily living (ADLs)" means the following:

(A) Bathing;

(B) dressing;

(D) transferring;

(E) ambulating; and

(F) eating.

(3) "Agency" means the Kansas department of social and rehabilitation services.

(4) "Area agency on aging" means the agency or organization within a planning and service area that has been designated by the secretary of the Kansas department on aging (KDOA) to develop, implement, and administer a plan for the delivery of a comprehensive and coordinated system of services to older persons in the planning and service area.

(5) "Assessment" means the face-to-face interview and evaluation of a home- and community-based services consumer by an authorized case manager, assessor, or independent living counselor to determine the consumer's care needs and support systems and to develop a service plan.

(6) "Case management services" means a comprehensive service comprised of a variety of specific tasks and activities designed to coordinate and integrate all other services required in the individual's plan of care.

(7) "Client obligation" means the monthly amount collected from an HCBS consumer by the service provider for the cost of a service.

(8) "Conflict of interest" means any relationship between two or more parties in which one party has the ability to influence another party to the transaction in a way that one or more of the transacting parties might fail to fully pursue the party's or parties' own separate interests. Related parties shall include parties related by family, business, or financial association, or by common ownership or control. Transactions between related parties shall not be considered to have arisen through arm's-length negotiations. Transactions or agreements that are illusory or a sham shall not be recognized.

(9) "Cost cap" means the average HCBS monthly service cost limit per consumer, including primary and acute care costs. The average HCBS monthly service cost limit shall be based on and compared to the average monthly cost that the consumer would incur in a nursing facility.

(10) "Cost-efficient" means that all of the formal and informal service systems available to meet individual needs are used before HCBS services are used.

(11) "Cost-effective" means that the cost of utilizing a service is recovered by the savings generated from avoiding the necessary utilization of a more expensive service.

(12) "Direct cost" means any cost that can be identified specifically with a particular cost objective.

(13) "Documentation" means maintenance of the HCBS consumer's case file, which shall include the following:

(A) A current assessment or reassessment;

(B) a plan of care;

(D) an activity log; and

(E) a financial eligibility communication form, including current client obligation information.

(14) "Effective date" means the date on which a program or service begins and on which a provider can be reimbursed for services.

(15) "Formal service" means any needed service as documented in the plan of care and funded by medicaid.

(16) "Frail elderly waiver" means a medicaid HCBS services waiver authorized by and through the Kansas department on aging services in accordance with a federally approved waiver to the Kansas medicaid state plan for individuals age 65 and older who meet the medicaid long-term care threshold.

(17) "Home health aide service" means the direct care provided by a person with minimum training to consumers who are unable to care for themselves or who need assistance in accomplishing the activities of daily living. The home health aide service direct care provider shall be under the supervision of a registered nurse employed by a home health agency.

(18) "Home health agency" means a public or private agency or organization that provides, for a fee, one or more home health services at the residence of a consumer.

(19) "Housing options" means all home and residential environments in which individuals would be eligible to receive HCBS services.

(20) "Instrumental activities of daily living (IADLs)" means the following:

(A) Meal preparation;

(B) shopping;

(D) laundry and housekeeping;

(E) money management;

(F) telephone use; and

(G) transportation.

(21) "Independent living center" means a public or private agency or organization recognized by the agency whose primary function is to provide independent living services, including the following:

(A) Independent living skills training;

(B) advocacy;

(D) information and referral.

(22) "Independent living counseling" means a service provided through the HCBS/physically disabled waiver that assesses need, negotiates care plans and service plans, and teaches independent living skills.

(23) "Indirect costs" means the administrative costs of long-term care (LTC) programs or their functional components, including the costs of supplying goods, services, and facilities to those programs or their functional components.

(24) "Ineligible provider" means a provider who is not enrolled in the medicaid/medikan program due to one or more of the reasons set forth in K.A.R. 30-5-60, or because the provider committed civil or criminal fraud in another state or another program.

(25) "Informal service" means any needed or desired service provided voluntarily to a consumer by one or more organizations, agencies, or families, at no cost to the medicaid program.

(26) "Level of care" means the functional needs of consumers, as determined through an assessment or reassessment, based on impairments in ADLs and IADLs.

(27) "Medicaid home- and community-based services (HCBS)" means services provided in accordance with a federally approved waiver to the Kansas medicaid state plan that are designed to prevent unnecessary utilization of services and to reduce health care-related costs. Any individual who has a primary diagnosis of mental illness and who is 21 years of age or older, but less than 65 years old, shall not be eligible.

(28) "Medicaid home- and community-based services for persons with mental retardation or other developmental disabilities (HCBS/MRDD)" means services provided in accordance with a federally approved waiver to the Kansas medicaid state plan. These services shall be designed as alternatives to services otherwise provided in intermediate care facilities for the mentally retarded (ICF/MR) for individuals who have mental retardation or other developmental disabilities.

(29) "Medicaid home- and community-based services for head-injured persons (HCBS/HI)" means medicaid services that meet these requirements:

(A) Are provided in accordance with a federally approved waiver to the Kansas medicaid state plan; and

(B) are designed as an alternative to services in brain injury rehabilitation facilities for individuals who meet these requirements:

(i) Have external, traumatic brain injuries; and

(ii) are 18 years of age or older, but are less than 55 years of age. Any person receiving HCBS/ HI waiver services may continue to receive these services after reaching age 55 if the Kansas medicaid HCBS program manager determines that the person is continuing to show progress in rehabilitation and increased independence.

(30) "Medicaid long-term care threshold" means the level-of-care criteria, as established by the agency and approved in the waiver to the medicaid state plan for HCBS, that are used to determine eligibility for medicaid long-term care programs.

(31) "Nursing facility (NF)" means a facility that meets these criteria:

(A) Meets state licensure standards;

(B) provides health-related care and services, prescribed by a physician; and

(C) provides residents with licensed nursing supervision 24 hours per day and seven days per week for ongoing observation, treatment, or care for long-term illness or injury.

(32) "Normal rhythms of the day" means the average time frame in which an individual without a physical disability typically completes clusters of ADL and IADL activities.

(33) "Organized health care delivery system" means a system, at least one component of which is organized for the purpose of delivering health care, that furnishes at least one service under a medicaid-covered waiver or the state plan.

(34) "Other developmental disability" means a condition or illness that meets these requirements:

(A) Is manifested before age 22;

(B) can reasonably be expected to continue indefinitely;

(i) Self-care;

(ii) understanding and the use of language;

(iii) learning and adapting;

(iv) mobility;

(v) self-direction in setting goals and undertaking activities to accomplish those goals;

(vi) living independently; or

(vii) economic self-sufficiency; and

(D) reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of extended or lifelong duration and are individually planned and coordinated.

(35) "Physically disabled (PD) waiver" means services provided in accordance with a federally approved waiver to the Kansas medicaid state plan for any individual who meets these requirements:

(A) Is 16 years of age or older. Consumers who turn 65 years of age while on the physically disabled waiver may remain on the waiver past age 65;

(B) is physically disabled according to social security disability standards;

(D) requires assistance with normal rhythms of the day.

(36) "Plan of care (POC)" means a document that states and prescribes the responsibilities of providers to ensure that the providers meet the health and safety needs of HCBS consumers. The document shall include the following information:

(A) A statement identifying the need for care;

(B) the estimated length of the service or program;

(D) a description of the expected results;

(E) the name of the provider; and

(F) the cost of the program or services.

(37) "Prior authorization" means that a service to be provided shall be reimbursed only when approval is given by the agency before the service is provided.

(38) "Program" means the Kansas medicaid/ medikan program.

(39) "Provider enrollment" means the process through which the agency determines whether or not an applicant meets the requirements for persons or agencies to provide services to the medicaid program.

(40) "Reassessment" means an annual review and evaluation of an HCBS consumer's continued need for services.

(41) "Reimbursement rate" means the dollar value assigned by the secretary for a covered service.

(42) "Risk factor" means any condition that can increase an individual's functional impairment. The risk factor is used to determine needs for services, as appropriate for the individual's level of care.

(43) "Self-directed care" means an option under the HCBS program that allows an individual in need of care to live in a home environment and direct the attendant services that are essential to the maintenance of the individual's health and safety.

(44) "Service plan" means a document that describes specific tasks to be performed, based on the needs of the consumer. The description shall include the type of service, the frequency, and the provider.

(45) "Severe emotional disturbance waiver" means services provided in accordance with a federally approved waiver to the Kansas medicaid state plan for any individual who meets these requirements:

(A) Is under 18 years of age or, if the individual is under 22 years of age, has continually received intensive community-based services for at least six months before the date of the initial application for the waiver;

(B) has received a DSM-IV diagnosis under axis 1 (clinical disorders);

(D) meets the following severity index criteria:

(i) On a child behavior checklist (CBCL), a score of at least 70 on one subscale; and

(ii) on a child and adolescent functional assessment scale (CAFAS), an overall score of 100, or at least 30 for each of two subscales; and

(E) according to clinical judgment, is in need of a state mental health hospital (SMHH).

(46) "Technology-assisted child" means a chronically ill or medically fragile child who meets these requirements:

(A) Is 17 years of age or younger;

(B) has an illness or disability that, in the absence of home care services, would require admission to or a prolonged stay in a hospital;

(C) needs both a medical device to compensate for the loss of a vital body function and substantial, continuous care by a nurse or other caretaker under the supervision of a nurse in order to avert death or further disability;

(D) is dependent at least part of each day on mechanical ventilators for survival; and

(E) requires prolonged intravenous administration of nutritional substances or drugs, or requires other medical devices to compensate for the loss of a vital body function.

(47) "Terminally ill" means the medical condition of an individual whose life expectancy is six months or less, as determined and documented by a physician.

(48) "Traumatic brain injury" means non-degenerative, structural brain damage resulting in residual deficits and disability that have been acquired by external physical injury.

(49) "Termination date" means the last day on which a program or service shall be reimbursed. For HCBS, this date shall not extend beyond the last date of medicaid eligibility.

(b) This regulation shall be effective on and after January 1, 2004.

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective Jan. 1, 1997; amended July 1, 1997; amended, T-30-12-16-97, Jan. 1, 1998; amended April 1, 1998; amended July 1, 2002; amended Jan. 1, 2004.)

Kan. Admin. Regs. § 30-5-301 Provider participation

(a) Each provider shall meet the provider participation requirements specified in K.A.R. 30-5-59, including record keeping requirements, and the following additional requirements:

(1) All assessment records;

(2) All plan of care records; and

(3) All case file documentation records.

(b) This regulation shall take effect on and after January 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-302 Limitations for independent living counselors

(a) An independent living center shall not use any consumer as an independent living counselor when that consumer receives services from the same independent living counseling agency.

(b) This regulation shall take effect on and after January 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-303 Cost effectiveness

(a) Except for "cost cap" approvals, each HCBS plan of care shall be cost-effective.

(b) This regulation shall take effect on and after January 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-304 Cost efficient plans of care

(a) Each HCBS plan of care shall be cost efficient and shall be provided in accordance with K.A.R. 30-5-70.

(b) This regulation shall take effect on and after January 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-305 Assessment requirements

(a) Qualified staff and assessment providers shall conduct an assessment prior to the implementation of any HCBS service.

(b) This regulation shall take effect on and after January 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-306 Effective date for HCBS eligibility

(a) The effective date of eligibility for HCBS services shall not be before the effective date of medicaid eligibility.

(b) This regulation shall take effect on and after January 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Jan. 1, 1997.)

Kan. Admin. Regs. § 30-5-307 Family reimbursement restriction

(a) Neither an adult consumer's spouse nor a minor consumer's parents shall be paid to provide HCBS services to that consumer, unless all other possible options are exhausted and one of the following extraordinary criteria is met.

(1) Three HCBS provider agencies furnish written documentation that the consumer's residence is so remote or rural that HCBS services are otherwise completely unavailable.

(2) Two health care professionals, including the attending physician, furnish written documentation that the consumer's health, safety, or social well-being, would be jeopardized.

(3) The attending physician furnishes written documentation that, due to the advancement of chronic disease, the consumer's means of communication can be understood only by the spouse or by the parent of a minor child.

(4) Three HCBS providers furnish written documentation that delivery of HCBS services to the consumer poses serious health or safety issues for the provider, thereby rendering HCBS services otherwise unavailable.

(b) This regulation shall take effect on and after July 1, 1997.

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History

History: (Authorized by and implementing K.S.A. 1996 Supp. 39-708c; effective Jan. 1, 1997; amended July 1, 1997.)

Kan. Admin. Regs. § 30-5-308 Nonsupplementation of HCBS services

(a) An organization, agency, family, consumer, or other individual shall not be allowed to pay for services that are on the plan of care.

(b) A consumer may accept the following:

(1) Any available service that is provided free and voluntarily by one or more organizations, agencies, families, or other individuals, at no cost to the medicaid program; and

(2) any available, desired services in addition to those services on the plan of care that are purchased by the consumer or one or more organizations, agencies, families, or other individuals, at no cost to the medicaid program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Jan. 1, 1997; amended Dec. 31, 2002.)

Kan. Admin. Regs. § 30-5-309 Scope of and reimbursement for medicaid home- and community-based services (HCBS)

The scope of medicaid home- and community-based services shall consist of those services provided under the authority of the applicable federally approved waiver to the Kansas medicaid state plan. (a) Medicaid home- and community-based services shall be provided to medicaid-eligible consumers who are determined by individualized assessment to be qualified for the appropriate institutional level of care, and who elect to receive the services specified in individualized written plans of care designed to prevent living in an institution.

(b) Medicaid home- and community-based services shall consist of one or more of the services defined and federally approved in the medicaid home- and community-based waiver provided under a written plan of care.

(c) Medicaid home- and community-based services shall be provided in accordance with an individualized written plan of care approved in writing by the Kansas department of social and rehabilitation services for all waiver program services other than the frail elderly waiver program services, which shall be provided in accordance with an individualized written plan of care approved in writing by the Kansas department on aging. Each annual review and amendment of this plan shall be approved in the same fashion. This plan shall meet these requirements:

(1) Be based on needs identified during the screening assessment;

(2) specify each service to be provided and why each service was selected, or how each service will address any specific need identified by the assessment;

(3) specify the frequency and limits of each provided service;

(4) specify any other required support services and the plan for obtaining them;

(5) be prepared in consultation with the consumer or the consumer's guardian, if one has been appointed;

(6) be approved in writing by the consumer or the consumer's guardian, as appropriate; and

(7) be reviewed at least annually and updated as necessary.

(d) Medicaid home- and community-based services shall be subject to the individual and aggregate expenditure limits applicable under the federally approved waiver.

(e) Medicaid home- and community-based services for a consumer shall be terminated when the Kansas department of social and rehabilitation services or the Kansas department on aging for the frail elderly program determines at least one of the following:

(1) The consumer no longer meets the level of care criteria.

(2) The consumer fails to cooperate with basic program requirements to the degree that the department's ability to deliver services is substantially impeded.

(3) The written plan of care no longer meets the tests of cost-effectiveness, or a cost cap exception is not granted.

(4) No provider of essential services is available in the consumer's home location.

(5) The consumer enters a nursing facility for more than a planned brief stay.

(6) The consumer becomes no longer eligible for medicaid.

(7) The consumer requests termination of services.

(8) The consumer dies.

(f) Reimbursement for medicaid home- and community-based services shall be based upon reasonable fees as related to customary charges, but no fee shall be paid in excess of the range maximum. The range of charges shall provide the basis for computations.

(g) This regulation shall take effect on and after July 1, 2000.

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History

History: (Authorized by and implementing K.S.A. 1999 Supp. 39-708c; effective July 1, 1997; amended July 1, 2000.)

Kan. Admin. Regs. § 30-5-310 Scope and reimbursement for home- and community-based services for persons with a severe emotional disturbance

(a) The scope of home- and community-based services for persons with a severe emotional disturbance shall consist of those services provided under the authority of the applicable federally approved model waiver to the Kansas medicaid state plan.

(b) Home- and community-based services shall be provided in accordance with an individualized, written plan of care approved by the Kansas department of social and rehabilitation services.

(c) Before the development of any plan to provide services, the need for services shall be determined through an individualized assessment of the prospective recipient made by a qualified assessor. A qualified assessor means a qualified mental health professional as defined in K.S.A. 59-2946, and amendments thereto.

(d) Services may include one or more of the following:

(1) Respite care;

(2) wraparound facilitation or community support;

(3) independent living or skill building; and

(4) parent support and training.

(e) Reimbursement for home- and community-based services for persons with a severe emotional disturbance shall be based upon reasonable fees as related to customary charges, except that no fee shall be paid in excess of the range maximum.

(f) This regulation shall take effect on and after April 1, 1998.

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History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-30-12-16-97, Jan. 1, 1998; effective April 1, 1998.)

Article 6 Medical Assistance Program—Clients' Eligibility for Participation (not in active use)

Kan. Admin. Regs. § 30-6-35w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-41w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-50w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-52w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 1; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-53w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Chapter 229, Section 104; effective Dec. 30, 1994; amended July 19, 1996; amended Jan. 1, 1997; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-54w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-55w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-56w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-57 This rule and regulation shall expire on October 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended, E-82-19, Oct. 29, 1981; amended May 1, 1982; amended, T-83-17, July 1, 1982; amended May 1, 1983; amended, T-84-25, Sept. 19, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; revoked Oct. 1, 1989.)

Kan. Admin. Regs. § 30-6-58 This rule and regulation shall expire on October 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended, T-89-5, Jan. 21, 1988; amended Oct. 1, 1988; revoked Oct. 1, 1989.)

Kan. Admin. Regs. § 30-6-59w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-60w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and 39-709, as amended by L. 1994, Chapter 265, Section 8; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-65w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-7,103 and L. 1994, Chapter 265, Section 9; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-70w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 7; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-72 This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c; effective May 1, 1981; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-30-6-10-92, July 1, 1992; amended Oct. 1, 1992; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-72w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 7; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-73 This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by 1992 SB 182, Sec. 5; effective May 1, 1981; amended, E-82-19, Oct. 29, 1981; amended May 1, 1982; amended, T-83-38, Nov. 23, 1982; amended May 1, 1983; amended May 1, 1986; amended July 1, 1989; amended Oct. 1, 1989; amended Feb. 1, 1990; amended Jan. 7, 1991; amended Oct. 1, 1992; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-74 This rule and regulation shall expire on October 28, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1988 Supp. 39-709, as amended by L. 1989, Ch. 125, Sec. 1; effective May 1, 1981; amended, T-85-26, Oct. 15, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-5, May 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended, T-30-7-1-88, July 1, 1988; amended Sept. 26, 1988; amended July 1, 1989; amended April 1, 1990; revoked, T-30-8-9-91, Aug. 30, 1991; revoked Oct. 28, 1991.)

Kan. Admin. Regs. § 30-6-77w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-78w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-79 This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1988 Supp. 39-709, as amended by L. 1989, Ch. 125, Sec. 1; effective, T-85-26, Oct. 15, 1984; effective May 1, 1985; amended, T-87-15, July 1, 1986; amended May 1, 1987; amended, T-88-59, Dec. 16, 1987; amended May 1, 1988; amended April 1, 1990; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-81w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-82w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-85w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-86w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-87w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-94w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-103w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Ch. 229, Sec. 104; effective Dec. 30, 1994; amended Dec. 29, 1995; amended Jan. 1, 1997; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-105 This rule and regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, 39-709; effective May 1, 1981; amended, E-82-11, June 17, 1981; amended May 1, 1982; amended May 1, 1986; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-105w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-106w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708; effective Dec. 30, 1994; amended February 6, 1995; amended Dec. 29, 1995; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-107w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-109w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Chapter 229, Section 104; effective Dec. 30, 1994; amended Jan. 1, 1997; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-110w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-111w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and K.S.A. 39-7,131; effective Dec. 30, 1994; amended August 1, 1995; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-112w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and L. 1994, Chapter 265, Section 5; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-113w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Kan. Admin. Regs. § 30-6-150w This regulation shall be revoked on and after March 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective Dec. 30, 1994; revoked March 1, 1997.)

Article 7 Appeals, Fair Hearings and TAF/GA Disqualification Hearings

Kan. Admin. Regs. § 30-7-26 These regulations shall expire on July 1, 1989

30-7-26 to 30-7-29. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-27 These regulations shall expire on July 1, 1989

30-7-26 to 30-7-29. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-28 These regulations shall expire on July 1, 1989

30-7-26 to 30-7-29. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-29 These regulations shall expire on July 1, 1989

30-7-26 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-30 This regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; imple menting K.S.A. 75-3306; effective May 1, 1981; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-31 These regulations shall expire on July 1, 1989

30-7-31 to 30-7-34. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-32 These regulations shall expire on July 1, 1989

30-7-31 to 30-7-34. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-33 These regulations shall expire on July 1, 1989

30-7-31 to 30-7-34. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-34 These regulations shall expire on July 1, 1989

30-7-31 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-35 This regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-36 These regulations shall expire on July 1, 1989

30-7-36 to 30-7-39. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-37 These regulations shall expire on July 1, 1989

30-7-36 to 30-7-39. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-38 These regulations shall expire on July 1, 1989

30-7-36 to 30-7-39. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-39 These regulations shall expire on July 1, 1989

30-7-36 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-40 This regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-41 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-42 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-43 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-44 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-45 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-46 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-47 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-48 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-49 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-50 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-51 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-52 These regulations shall expire on July 1, 1989

30-7-41 to 30-7-53. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-53 These regulations shall expire on July 1, 1989

30-7-41 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-54 This regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; amended May 1, 1986; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-55 This regulation shall expire on July 1, 1989

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; amended May 1, 1982; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-56 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-57 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-58 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-59 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-60 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-61 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-62 These regulations shall expire on July 1, 1989

30-7-56 to 30-7-63. These regulations shall expire on July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-63 These regulations shall expire on July 1, 1989

30-7-56 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective May 1, 1981; revoked July 1, 1989.)

Kan. Admin. Regs. § 30-7-64 Definitions

(a) "Appellant" means an individual or entity that has requested a fair hearing from an agency decision affecting the individual or entity.

(b) "Applicant" means an individual who has applied for or requested assistance or benefits from a program administered by the agency.

(c) "Recipient" means an individual who is receiving assistance or benefits from a program administered by the agency. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-65 Notice to recipients of intended action

(a) (1) "Adequate notice" means a written notice that includes a statement of what action the agency intends to take, the reasons for the intended agency action, the specific policies supporting the action, an explanation of the individual's right to request a fair hearing, and the circumstances under which assistance is continued if a hearing is requested.

(2) "Timely" means that the notice is mailed at least 10 days before the date upon which the action would become effective. Saturdays, Sundays, and legal holidays shall be counted as part of the 10-day period.

(b) When the agency intends to take action to discontinue, terminate, suspend, or reduce assistance, timely and adequate notice shall be given by the agency, except as set forth in subsection (c) of this regulation.

(c) Under the following circumstances, timely notice shall not be required, but an adequate notice shall be sent by the agency not later than the date of action:

(1) when the agency has factual information confirming the death of a recipient or of the TAF payee and there is no relative available to serve as a new payee;

(2) when the agency receives a clear written statement signed by a recipient indicating that the recipient no longer wishes assistance;

(3) when the recipient provides written information to the agency that requires termination or reduction of assistance, and the recipient has indicated, in writing, an understanding that termination or reduction of assistance will be the consequence of supplying the information;

(4) when the recipient has been admitted or committed to an institution and further payments to that individual are not authorized by program regulations as long as the person resides in the institution;

(5) when the recipient has been placed in skilled nursing care, intermediate care or long-term hospitalization;

(6) when the recipient's whereabouts are unknown and agency mail directed to the recipient has been returned by the post office indicating no known forwarding address. However, the check shall be made available to the recipient if the recipient's whereabouts become known during the payment period covered by a returned check;

(7) when the agency has established that a recipient has been accepted for assistance in a new jurisdiction;

(8) when a child is removed from the home as a result of a judicial determination or voluntarily placed in foster care by the child's legal guardian;

(9) when a change in the level of medical care is prescribed by the recipient-patient's physician;

(10) when a special allowance granted for a specific period is terminated and the recipient was informed in writing at the time the allowance was granted that it would automatically terminate at the end of the specified period;

(11) when the agency takes action because of information the recipient furnished in a monthly status report or because the recipient has failed to submit a complete or a timely monthly status report without good cause; or

(12) when the recipient is disqualified due to fraud in one of the following ways:

(A) by a court of appropriate jurisdiction;

(B) by an administrative disqualification hearing process in accordance with K.A.R. 30-7-102; or

(d) This regulation shall take effect on and after March 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended July 1, 1991; amended Jan. 1, 1997; amended March 1, 1997.)

Kan. Admin. Regs. § 30-7-66 Continuation of assistance

(a) If the recipient requests a hearing within the timely notice period as required by K.A.R. 30-7-65, assistance shall not be suspended, reduced, discontinued, or terminated, (but is subject to recovery by the agency if its action is sustained), until an initial decision of the hearing officer is rendered in the matter, unless:

(1) The request for fair hearing concerns the suspension of program payments to a provider or the termination of a provider from program participation;

(2) the request for a fair hearing concerns a discontinued program or service;

(3) a determination is made by the hearing officer that the sole issue is one of federal or state law, regulation or policy, or change in federal or state law, regulation or policy and not one of incorrect grant computation; or

(4) a change affecting the recipient's assistance occurs while the hearing decision is pending and the recipient fails to request a hearing after notice of the change.

(b) The agency shall promptly inform the recipient in writing if assistance is to be discontinued pending the hearing decision.

(c) In any case where action was taken without timely notice, if the recipient requests a hearing within 10 days of the mailing of the notice of the action, and the agency determines that the action resulted from other than the application of federal or state law or policy or a change in federal or state law, assistance shall be reinstated and continued until a decision is rendered in the matter except as set forth in (a)(1), (2), (3), or (4). The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-67 Administrative hearings section, hearing officer

The administrative hearings section shall administer the agency's fair hearing program. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-68 Request for fair hearing

(a) Unless preempted by federal law, a request for fair hearing shall be in writing and received by the agency within 30 days from the date of the order or notice of action. Pursuant to K.S.A. 77-531, an additional three days shall be allowed if the notice or order is mailed.

(b) A request for fair hearing involving food stamps shall be received by the agency within 90 days from the date of the notice of action. Pursuant to K.S.A. 77-531, an additional three days shall be allowed if the notice or order is mailed.

(c) The freedom to request a fair hearing shall not be limited or interfered with by the agency. The effective date of this regulation shall be January 2, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended Oct. 1, 1989; amended Jan. 2, 1990; amended Jan. 7, 1991.)

Kan. Admin. Regs. § 30-7-69 Pre-appeal administrative remedies

(a) A pre-appeal administrative remedy is any procedure or process, the purpose of which is to encourage settlement or otherwise resolve the dispute before appeal to the administrative hearings section.

(b) Pre-appeal administrative remedies are to be encouraged to promote the resolution of disputes between the parties involved. Pre-appeal administrative remedies may also be used by the parties to narrow and define the issues to be appealed to the administrative hearings section. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-70 Agency's review of decision

(a) Upon receipt of notice that a request for fair hearing has been made, the agency shall review its action or decision. Upon reconsideration, the agency may amend or change its action or decision before or during the hearing.

(b) If a satisfactory adjustment is reached prior to the hearing, the agency shall submit a report to the hearing officer, in writing, but the appeal shall remain pending until the appellant submits a signed, written statement withdrawing the appellant's request for fair hearing. If the appellant fails to timely submit a signed, written statement withdrawing the request for fair hearing, the hearing officer may dismiss the request for fair hearing. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-71 Venue

(a) Fair hearings for applicants or recipients shall be held in the social and rehabilitation services' administrative area in which the applicant or recipient resides unless another site has been designated by the hearing officer or the hearing is conducted pursuant to the provisions of K.A.R. 30-7-72.

(b) Fair hearings for other appellants shall be held in Topeka, Kansas unless another site has been designated by the hearing officer or the hearing is conducted pursuant to the provisions of K.A.R. 30-7-72. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-72 Telephone hearings

The hearing officer may conduct the fair hearing or any prehearing by telephone or other electronic means if each participant in the hearing or prehearing has an opportunity to participate in the entire proceeding while the proceeding is taking place. A party may be granted a face to face hearing or prehearing if good cause can be shown that a fair and impartial hearing or prehearing could not be conducted by telephone or other electronic means. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-73 Summary reversals

The hearing officer may, without notice or hearing, summarily reverse the agency's decision or action in the matter if it is clear from the agency's summary that the agency's decision or action was incorrect. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-74 Independent medical, psychiatric and psychological examinations

When the hearing involves medical, psychiatric or psychological issues, the hearing officer may order on the hearing officer's own motion that an independent medical, psychiatric or psychological assessment other than that of the person or persons involved in making the original decision shall be obtained at agency expense and made part of the record if the hearing officer considers it necessary. If a party requests the independent assessment, that party shall pay the costs incurred in obtaining the assessment. If the party requesting the assessment signs a poverty affidavit, the independent medical, psychiatric or psychological assessment shall be performed at agency expense. The effective date of this regulation shall be July 1, 1989.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306, as amended by L. 1988, Ch. 356, Sec. 302; effective July 1, 1989.)

Kan. Admin. Regs. § 30-7-75 Agency's summary

Within 15 days after notification of the request for fair hearing the agency shall furnish the appellant and the administrative hearings section with a summary setting forth the following information:

(a) Name and address of the appellant;

(b) a summary statement concerning why the appellant is filing a request for a fair hearing;

(d) a statement of the basis of the agency's decision;

(e) a citation of the applicable policies relied upon by the agency;

(f) a copy of the notice which notified appellant of the decision in question;

(g) applicable correspondence; and

(h) the name and title of the person or persons who will represent the agency at the hearing. The effective date of this regulation shall be July 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended July 1, 1991.)

Kan. Admin. Regs. § 30-7-76 Transcripts

(a) A transcript of the hearing may be prepared if requested by an appellant, the agency, the hearing officer, the state appeals committee or the secretary. The party requesting the transcript or review of the hearing officer's decision shall pay any costs associated in obtaining a transcript.

(b) If an appellant requests a transcript, the agency shall pay the costs of transcribing the recording if the appellant signs a poverty affidavit.

The effective date of this regulation shall be January 2, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended Jan. 2, 1992.)

Kan. Admin. Regs. § 30-7-77 Rehearing

(a) Any party, within 15 days after service of the hearing officer's decision, may file a petition for rehearing with the administrative hearings section, stating the specific grounds upon which the rehearing of the hearing officer's decision is requested.

(b) A rehearing may be granted to either party on all or part of the issues when it appears that the rights of the party are substantially affected because:

(1) Of an erroneous ruling of the hearing officer;

(2) the decision in whole or in part is contrary to the evidence; or

(3) of newly discovered evidence which the moving party could not with reasonable diligence have discovered or produced at the hearing.

(c) The filing of a petition for rehearing is not a prerequisite for review at any stage of the proceedings. The filing of a petition for rehearing does not stay any time limits or further proceedings that may be conducted under the Kansas administrative procedures act, K.S.A. 77-501 et seq. and amendments thereto, or any other provision of law. The effective date of this regulation shall be January 2, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended Jan. 2, 1992.)

Kan. Admin. Regs. § 30-7-78 State appeals committee

(a) The secretary may appoint one or more state appeals committees to review the decisions or orders of hearing officers.

(b) The committees shall consist of three impartial persons.

(d) The record, as defined in K.S.A. 77-532, shall be the basis for the state appeals committee review. The effective date of this regulation shall be January 2, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective July 1, 1989; amended Jan. 2, 1992.)

Kan. Admin. Regs. § 30-7-79 Motions

(a) Motions, unless made during a hearing, shall:

(1) Be in writing; and

(2) state with particularity their bases.

(b) The opposing party shall have 15 days from the date of mailing or personal delivery within which to file a response. The hearing officer may waive the deadline for good cause.

(c) The hearing officer on his or her own motion or at the request of either party may conduct a hearing on the motion. A party requesting a hearing shall include the request in the motion or response. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304; implementing K.S.A. 75-3306; effective Aug. 1, 1990.)

Kan. Admin. Regs. § 30-7-100 Definition of intentional TAF or GA program violation

(a) An "intentional program violation" means any action taken by an individual to establish or maintain a family's eligibility for temporary assistance for families (TAF) or general assistance (GA), or to obtain an increase in or to maintain the amount of the family's TAF or GA grant, when that action constitutes either of the following:

(1) an intentionally false or misleading statement, misrepresentation, concealment, or withholding of facts; or

(2) an act intended to mislead, misrepresent, conceal, withhold facts, or propound a falsity.

(b) This regulation shall take effect on and after March 1, 1997.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c, as amended by L. 1996, Chapter 229, Sec. 104; effective July 31, 1992; amended May 3, 1993; amended March 1, 1997.)

Kan. Admin. Regs. § 30-7-101 Administrative hearings section, hearing officer

The disqualification hearing program shall be administered by the administrative hearings section of the agency. The effective date of this regulation shall be July 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c; effective July 31, 1992.)

Kan. Admin. Regs. § 30-7-102 Disqualification hearings

(a) An individual's fair hearing may be consolidated with a disqualification hearing by the agency when the circumstances surrounding the hearings are the same or related, provided that the individual receives prior notice of the consolidation. Either the hearing officer for the fair hearing or the hearing officer for the disqualification hearing may be assigned by the agency to preside at a consolidated hearing.

(b) The hearing officer shall:

(1) administer oaths and affirmations;

(2) consider all relevant issues;

(3) request, receive and make part of the record all evidence necessary to decide the issues raised;

(4) conduct the hearing in a manner consistent with due process;

(5) advise the accused individual that the individual may refuse to answer questions during the hearing; and

(6) render a final decision that will resolve the issues in dispute.

(c) The hearing officer shall base a determination of intentional program violation on clear and convincing evidence which demonstrates that the individual committed an intentional program violation.

(d) The hearing officer shall conduct the fair hearing or any prehearing by telephone or other electronic means if each participant in the hearing or prehearing has an opportunity to participate in the entire proceeding while the proceeding is taking place. A party may be granted a face to face hearing or prehearing if good cause is shown that a fair and impartial hearing or prehearing could not be conducted by telephone or electronic means.

(e) (1) A written notice shall be provided by the agency to the individual alleged to have committed the intentional program violation at least 30 days before the date of the disqualification hearing.

(2) The advance written notice to the individual shall include the following items:

(A) The date, time and location of the hearing;

(B) the charge or charges against the individual;

(D) a warning that the individual's failure to appear without good cause will result in a decision by the hearing officer based solely on the information provided by the agency at the hearing;

(E) a statement that the individual may request a postponement of the hearing if the request is made to the state agency at least 10 days before the scheduled hearing;

(F) a statement that the individual will have 10 days from the date of the scheduled hearing to present to the agency good cause for failure to appear in order to receive a new hearing;

(G) a description of the penalties that can result from a determination that the individual has committed an intentional program violation and a statement of which penalty applies to the individual;

(H) a statement that the hearing does not preclude the state government from prosecuting the individual for an intentional program violation in a civil or criminal court action, or from collecting an overpayment;

(I) information regarding free legal representation available to individuals alleged to have committed intentional program violations;

(J) a statement of the accused individual's right to remain silent concerning the charge or charges and that anything said or signed by the individual concerning the charge or charges may be used against the individual in a court of law;

(K) a statement that the individual may waive the right to appear at an administrative disqualification hearing;

(L) (i) the date that the signed waiver shall be received by the agency;

(ii) a signature block for the accused individual;

(iii) a statement that the caretaker relative shall also sign the waiver if the accused individual is not the caretaker relative; and

(iv) a signature block designated for the caretaker relative;

(M) a statement that waiver of the individual's right to appear at a disqualification hearing may result in a disqualification penalty and a reduction in the assistance payment for the appropriate period even if the accused individual does not admit to the facts as presented by the agency; and

(N) an opportunity for the accused individual to specify whether the individual admits to the facts as presented by the agency.

(f) (1) The hearing officer shall postpone the scheduled hearing at the individual's request provided the request for postponement is made at least 10 days before the scheduled disqualification hearing;

(2) the hearing officer shall not postpone for more than a total of 30 days; and

(3) the hearing officer may limit the number of postponements to one.

(g) The hearing officer assigned to conduct the hearing shall be impartial and not previously involved in the case.

(h) Medical assessments shall be obtained by the agency at the agency's expense and shall be made part of the record if the hearing officer considers it necessary.

(i) The individual, or the individual's representative, shall have adequate opportunity to:

(1) examine the contents of the individual's case file, and all documents and records to be used by the agency at the hearing at a reasonable time before the date of the hearing and during the hearing;

(2) present the individual's case alone or with the aid of an authorized representative;

(3) bring witnesses;

(4) establish all pertinent facts and circumstances;

(5) advance any arguments without undue influence; and

(6) question or refute any testimony or evidence, confronting and cross-examining adverse witnesses.

(j) Decisions made by the hearing officer shall be based exclusively on the evidence and other material admitted into the case record at the hearing. The transcript or recording of testimony, exhibits, or official reports admitted at the hearing, together with all papers and requests filed in the proceeding, and the decision of the hearing officer shall be made available to the individual or to the individual's representative at a reasonable time and place.

(k) Decisions by the hearing officer shall:

(1) consist of a decision memorandum summarizing the facts, evidence and regulations supporting the decision; and

(2) be made within 90 days of the date of service of the notice of hearing.

(l) An individual shall not be disqualified by the agency per this section until the hearing officer finds that the individual has committed an intentional program violation. However, assistance may be discontinued, terminated, suspended, or reduced by the agency, or changed in the manner or form of payment to a protective, vendor, or two-party payment for other reasons.

(m) If the hearing officer finds that the individual committed an intentional program violation, a written notice shall be provided by the agency to the individual before disqualification. The notice shall inform the individual of the following:

(1) the decision and the reason for the decision;

(2) the period of disqualification, which shall begin not later than the first day of the second month which follows the date of the notice;

(3) the amount of payment the household will receive during the disqualification period; and

(4) the individual's right to appeal the decision to the district court of Shawnee county or the individual's county within 30 days of the date of the decision and that an appeal may result in a reversal of the decision.

(n) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c; effective July 31, 1992; amended July 1, 1996.)

Kan. Admin. Regs. § 30-7-103 Waiver of the administrative disqualification hearing

(a) An individual shall be allowed by the agency to waive the right to appear at an administrative disqualification hearing.

(b) When the individual waives the right to appear at a disqualification hearing, the individual shall be disqualified and shall be subject to appropriate reduction of assistance regardless of whether the individual admits or denies the charges. A written notice shall be sent by the agency informing the individual of the period of disqualification, which shall begin not later than the first day of the second month which follows the date of notice, and the amount of payment the household will receive during the disqualification period.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c; effective July 31, 1992; amended July 1, 1996.)

Kan. Admin. Regs. § 30-7-104 Court actions on consent agreements

(a) An accused individual shall be allowed by the agency to sign a written agreement confirmed by a court of competent jurisdiction in which the individual admits committing an intentional program violation.

(b) The written agreement shall include the following:

(1) a statement that the individual understands the consequences of signing the agreement;

(2) a statement that the caretaker relative must also sign the agreement if the accused is not the caretaker relative; and

(3) a statement that signing the agreement will result in a reduction in payment for the appropriate period.

(c) After the court confirms the agreement, a written notice shall be provided by the agency to the individual which specifies the period of disqualification, which shall begin not later than the first day of the second month which follows the date of the notice, and the amount of payment the household will receive during the disqualification period. If the court specifies the date for initiating the disqualification period, the accused individual shall be disqualified by the agency in accordance with the court order.

(d) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c; effective July 31, 1992; amended July 1, 1996.)

Article 9 Adult Care Program (not in active use)

Kan. Admin. Regs. § 30-9-13 This rule and regulation shall expire on July 31, 1992

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Kan. Admin. Regs. § 30-9-18 These rules and regulations shall expire on July 31, 1992

30-9-18 through 30-9-22. These rules and regulations shall expire on July 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Kan. Admin. Regs. § 30-9-19 These rules and regulations shall expire on July 31, 1992

30-9-18 through 30-9-22. These rules and regulations shall expire on July 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Kan. Admin. Regs. § 30-9-20 These rules and regulations shall expire on July 31, 1992

30-9-18 through 30-9-22. These rules and regulations shall expire on July 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Kan. Admin. Regs. § 30-9-21 These rules and regulations shall expire on July 31, 1992

30-9-18 through 30-9-22. These rules and regulations shall expire on July 31, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Kan. Admin. Regs. § 30-9-22 These rules and regulations shall expire on July 31, 1992

30-9-18 through

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 39-708c, L. 1989, Chapter 191; effective Jan. 1, 1990; revoked July 31, 1992.)

Article 10 Adult Care Home Program

Kan. Admin. Regs. § 30-10-1a Nursing facility program definitions

(a) The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise.

(1) "Accrual basis of accounting" means that revenue of the provider is reported in the period when it is earned, regardless of when it is collected, and expenses are reported in the period in which they are incurred, regardless of when they are paid.

(2) "Active treatment for individuals with mental retardation or a related condition" means a continuous program for each client, which shall include aggressive, consistent implementation of a program of specialized and generic training, treatment, health services, and related services that is directed toward the following:

(A) The acquisition of the behaviors necessary for the client to function with as much self-determination and independence as possible; and

(B) the prevention or deceleration of regression or loss of current optimal functional status.

(3) "Agency" means the department of social and rehabilitation services.

(4) "Ancillary services and other medically necessary services" means those special services or supplies, in addition to routine services, for which charges are made.

(5) "Case mix" means a measure of the intensity of care and services used by a group of residents in a facility.

(6) "Case mix index" means a numeric score with a specific range that identifies the relative resources used by a particular group of residents and represents the average resource consumption across a population or sample. Two average case mix index scores are considered in setting rates for nursing facility program participants. These indexes are the following:

(A) "Medicaid average case mix index," which means the average case mix index calculated using case mix scores for only the medicaid residents in a population; and

(B) "facility average case mix index," which means the average case mix index calculated using case mix scores for all the residents in a nursing facility.

(7) "Change of ownership" means a transfer of rights and interests in real and personal property used for nursing facility services through an arm's-length transaction between unrelated persons or legal entities.

(8) "Change of provider" means a change of ownership or lessee specified in the provider agreement.

(9) "Common ownership" means that an entity holds a minimum of five percent ownership or equity in the provider facility or in a company engaged in business with the provider facility.

(10) "Control" means that an individual or organization has the power, directly or indirectly, to significantly influence or direct the actions or policies of an organization or facility.

(11) "Cost and other accounting information" means adequate financial data about the nursing facility operation, including source documentation, that is accurate, current, and sufficiently detailed to accomplish the purposes for which it is intended. Source documentation, including petty cash payout memoranda and original invoices, shall be valid only if the documentation originated at the time and near the place of the transaction. In order to provide the required cost data, the provider shall maintain financial and statistical records in a manner that is consistent from one period to another. This requirement shall not preclude a beneficial change in accounting procedures when there is a compelling reason to effect a change of procedures.

(12) "Cost finding" means recasting the data derived from the accounts ordinarily kept by a provider to ascertain costs of the various types of services rendered.

(13) "Costs not related to resident care" means costs that are not appropriate, necessary, or proper in developing and maintaining the nursing facility operation and activities. These costs shall not be allowed in computing reimbursable costs.

(14) "Costs related to resident care" means all necessary and proper costs, arising from arm's-length transactions in accordance with general accounting rules, that are appropriate and helpful in developing and maintaining the operation of resident care facilities and activities. Specific items of expense shall be limited pursuant to K.A.R. 30-10-23a, K.A.R. 30-10-23b, K.A.R. 30-10-23c, K.A.R. 30-10-24, K.A.R. 30-10-25, K.A.R. 30-10-26, K.A.R. 30-10-27, and K.A.R. 30-10-28.

(15) "Cost report" means the nursing facility financial and statistical report (MS-2004).

(16) "Educational activities" means an approved, formally organized, or planned program of study usually engaged in by providers in order to enhance the quality of resident care in an institution. These activities shall be licensed when required by state law.

(17) "Educational activities—net cost" means the cost of approved educational activities less any grants, specific donations, or reimbursements of tuition.

(18) "Hospital-based nursing facility" means a nursing facility, as defined in this regulation, that is attached to or associated with a hospital.

(19) "Inadequate care" means any act or failure to act that may be physically or emotionally harmful to a recipient.

(20) "Level of care" means the type and intensity of services prescribed in the resident's plan of care as based on the assessment and reassessment process.

(21) "Mental illness" means a clinically significant behavioral or psychological syndrome or pattern that is typically associated with either a distressing symptom or impairment of function. Relevant diagnoses shall be limited to schizophrenia, recurrent and severe major affective disorders, atypical psychosis, bipolar disorder, paranoid disorders, schizoaffective disorder, psychotic disorder, obsessive-compulsive disorder, or borderline personality disorder.

(22) "Mental retardation" means subaverage general intellectual functioning that originates in the developmental period and is associated with an impairment in adaptive behavior.

(23) "Nonworking owners" means any individual or organization having five percent or more interest in the provider who does not perform a resident-related function for the nursing facility.

(24) "Nonworking related party or director" means any related party, as defined in this regulation, who does not perform a resident-related function for the nursing facility.

(25) "Nursing facility (NF)" means a facility that conforms to these criteria:

(A) Meets state licensure standards;

(B) provides health-related care and services, as prescribed by a physician; and

(C) provides 24-hour-a-day, seven-day-a-week licensed nursing supervision to residents for ongoing observation, treatment, or care for long-term illness, disease, or injury.

(26) "Nursing facility for mental health" means a nursing facility that meets these criteria:

(A) Meets state licensure standards;

(B) provides structured mental health rehabilitation services, in addition to health-related care, for individuals with a severe and persistent mental illness; and

(C) provides 24-hour-a-day, seven-day-a-week licensed nursing supervision. The nursing facility shall have been operating in accordance with a provider agreement with the agency on June 30, 1994.

(27) "Ongoing entity" means that a change in the provider has not been recognized for Kansas medical assistance program payment purposes.

(28) "Organization costs" means those costs directly incidental to the creation of the corporation or other form of legal business entity. These costs shall be considered to be intangible assets representing expenditures for rights and privileges that have value to the business.

(29) "Owner and related party compensation" means salaries, drawings, consulting fees, or other payments paid to or on behalf of any owner with a five percent or greater interest in the provider or any related party, as defined in this regulation, whether the payment is from a sole proprietorship, partnership, corporation, or nonprofit organization.

(30) "Owner" means the person or legal entity that has the rights and interests of the real and personal property used to provide the nursing facility services.

(31) "Plan of care for nursing facilities" means a document completed by the nursing facility staff that states the need for care, the estimated length of the program, the methodology to be used, and the expected results for each resident.

(32) "Prescription drug" means a simple or compound substance or mixture of substances prescribed for the cure, mitigation, or prevention of disease or for health maintenance that is prescribed by a licensed physician or practitioner and dispensed by a licensed pharmacist.

(33) "Projected cost report" means a cost report submitted to the agency by a provider prospectively for a 12-month period of time. The projected cost report shall be based on an estimate of the costs, revenues, resident days, and other financial data for that 12-month period of time.

(34) "Provider" means the operator of the nursing facility specified in the provider agreement.

(35) "Recipient" means a person determined to be eligible for the Kansas medical assistance program in a nursing facility.

(36) "Related parties" means two or more parties with a relationship in which one party has the ability to influence another party to the transaction in the following manner:

(A) When one or more of the transacting parties might fail to pursue the party's or parties' own separate interests fully;

(B) when the transaction is designed to inflate the Kansas medical assistance program costs; or

(C) when any party considered a related party to a previous owner or operator becomes the employee, or otherwise functions in any capacity on behalf of a subsequent owner or operator. Related parties shall include parties related by family, business, or financial association, or by common ownership or control. Transactions between related parties shall not be considered to have arisen through arm's-length negotiations.

(37) "Related to the nursing facility" means that the facility is significantly associated or affiliated with, has control of, or is controlled by the organization furnishing the services, facilities, or supplies.

(38) "Representative" means either of the following:

(A) A legal guardian, conservator, or representative payee as designated by the social security administration; or

(B) any person who is designated in writing by the resident to manage the resident's personal funds and who is willing to accept the designation.

(39) "Resident assessment form" means the document that meets these requirements:

(A) Is jointly specified by the Kansas department of health and environment and the agency;

(B) is approved by the health care finance administration; and

(40) "Resident assessment instrument" means the resident assessment form, resident assessment protocols, and the plan of care, including reassessments.

(41) "Resident day" means that period of service rendered to a resident between census-taking hours on two successive days and all other days for which the provider receives payment, either full or partial, for any Kansas medical assistance program or non-Kansas medical assistance program resident who was not in the nursing facility. Census-taking hours shall consist of 24 hours beginning at midnight.

(42) "Resident status review" means a reassessment to identify any nursing facility resident who may no longer meet the level of care criteria.

(43) "Routine services and supplies" means services and supplies that are commonly stocked for use by or provided to any resident. The services and supplies shall be included in the provider's cost report.

(44) "Sale-leaseback" means a transaction in which an owner sells a facility to a related or nonrelated purchaser and then leases the facility from the new owner to operate as the provider.

(45) "Severe and persistent mental illness" means mental illness as defined in this regulation, but shall include both of the following additional requirements:

(A) The individual meets one of the following criteria:

(i) Has undergone psychiatric treatment more intensive than what could have been provided through outpatient care more than once in a lifetime; or

(ii) has experienced a single episode of continuous, structured, supportive residential care other than hospitalization for a duration of at least two months.

(B) The individual meets at least two of the following criteria, on a continuing or intermittent basis, for at least two years:

(i) Is unemployed, is employed in a sheltered setting, or has markedly limited skills and a poor work history;

(ii) requires public financial assistance for out-of-hospital maintenance and may be unable to procure this assistance without help;

(iii) shows a severe inability to establish or maintain a personal social support system;

(iv) requires help in basic living skills; or

(v) exhibits inappropriate social behavior that results in a need for intervention by the mental health or judicial system.

(46) "Specialized mental health rehabilitation services" means one of the specialized rehabilitative services that provide ongoing treatment for mental health problems and that are aimed at attaining or maintaining the highest level of mental and psychosocial well-being. The specialized rehabilitative services shall include the following:

(A) Crisis intervention services;

(B) drug therapy or monitoring of drug therapy;

(D) structured socialization activities to diminish tendencies toward isolation and withdrawal;

(E) development and maintenance of necessary daily living skills, including grooming, personal hygiene, nutrition, health and mental health education, and money management; and

(F) maintenance and development of appropriate personal support networks.

(47) "Specialized services" means inpatient psychiatric care for the treatment of an acute episode of mental illness.

(48) "State licensing agency" means the department of health and environment for hospital-based nursing facilities and the department on aging for all other nursing facilities.

(49) "Swing bed" means a hospital bed that can be used interchangeably as either a hospital bed or nursing facility bed.

(50) "Twenty-four-hour nursing care" means the provision of 24-hour licensed nursing services with the services of a registered nurse for at least eight consecutive hours a day, seven days a week.

(51) "Working trial balance" means a list of the account balances in general ledger order that was used in completing the cost report.

(b) This regulation shall be effective on and after May 1, 2005.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Oct. 28, 1991; amended April 1, 1992; amended Nov. 2, 1992; amended Jan. 3, 1994; amended July 1, 1994; amended Sept. 30, 1994; amended Dec. 29, 1995; amended Jan. 1, 1997; amended Jan. 1, 1999; amended May 1, 2002; amended May 1, 2005.)

Kan. Admin. Regs. § 30-10-1b Nursing facility program providers

(a) The nursing facility program providers shall include the following types of care facilities:

(1) Nursing facilities; and

(2) nursing facilities for mental health, which shall have been operating in accordance with a provider agreement with the agency on June 30, 1994.

(b) Each provider shall meet the following requirements with regard to any change in the structure of the business entities involved in the ownership, operation, or management of the nursing facility:

(1) The current provider or prospective provider shall notify the agency in writing by certified mail of a proposed change of providers at least 60 days in advance of the closing transaction date. If the current or prospective provider fails to submit a timely notification, the new provider shall assume responsibility for any overpayment made to the previous provider before the transfer. Failure to submit timely notification shall not release the previous provider from responsibility for the overpayment.

(2) Before the dissolution of the provider business entity or a transaction involving a change of ownership of the nursing facility or the change of lessee of the nursing facility, the provider shall notify the agency in writing at least 60 days before the change. If the provider fails to submit a timely notification, the new provider shall assume responsibility for any overpayment made to the previous provider before the transfer. Failure to submit timely notification shall not release the previous provider from responsibility for the overpayment. Other overpayment recovery terms may be expressly agreed to in writing by the secretary.

(3) The provider shall submit an application to be a provider of services to the agency for any addition or substitution to a partnership or any change of provider resulting in a completely new partnership. An application shall not be required when a partnership is dissolved and at least one member of the partnership remains as the provider of services.

(4) If a sole proprietor that is not incorporated under applicable state law transfers title and property to another party, a change of ownership shall have occurred. The new owner shall submit an application to be a provider of services to the agency.

(5) Each consolidation of two or more unrelated corporations that creates a new corporate entity through an arm's-length transaction shall constitute a change of provider. The new corporate entity resulting from the consolidation shall submit an application to be a provider of services to the agency.

(6) Each change or creation of a new lessee acting as a provider of services shall constitute a change of provider. The new lessee shall submit an application to be a provider of services to the agency.

(7) Each provider shall submit documentation of any other change in the ownership or corporate structure of the business entities involved in the ownership, operation, or management of the nursing facility.

(c) Only a change in or creation of a provider of service through a bona fide transaction shall be recognized as resulting in a new provider. The following situations shall not be recognized as resulting in a change of provider, and the facility shall be treated as an ongoing entity:

(1) A transfer of participating provider corporate stock;

(2) a merger of one or more corporations with the participating provider corporation surviving;

(3) the purchase of the facility by the lessee;

(4) the change or creation of a sublessee acting as the provider of services;

(5) the creation of a new lessee that is related to the old owner of the facility;

(6) the creation of a new lessee acting as the provider of services that is related to the old lessee;

(7) the change or creation of a management firm acting as the provider of services; and

(8) the takeover of the lessee's operations by an owner of the facility.

(d) Each new provider shall be subject to a certification survey by the state licensing agency. If certified, the period of certification shall be established by the state licensing agency.

(e) This regulation shall be effective on and after May 1, 2005.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended May 1, 1992; amended Nov. 2, 1992; amended Jan. 3, 1994; amended July 1, 1994; amended Sept. 30, 1994; amended Dec. 29, 1995; amended May 1, 2005.)

Kan. Admin. Regs. § 30-10-1c Provider agreement

(a) As a prerequisite for participation in the medicaid/medikan program as a nursing facility provider, the owner of the real and personal property used to provide the nursing facility services or the lessee of such real and personal property shall enter into a provider agreement with the agency on forms prescribed by the secretary.

(b) Only parties signing a provider agreement shall have rights to enforcement of the agreement. The effective date of this regulation shall be January 1, 1994.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1992 Supp. 39-708c; effective May 1, 1982; amended May 1, 1986; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992; amended Jan. 3, 1994.)

Kan. Admin. Regs. § 30-10-1d Inadequate care

(a) If the agency determines that inadequate care is being provided to a recipient or that a recipient's rights are being violated, payment to the nursing facility may be terminated or suspended.

(b) If the agency determines that a nursing facility has not corrected deficiencies that significantly and adversely affect the health, safety, nutrition, or sanitation of the nursing facility residents, payments for new admissions shall be denied and future payments for all recipients shall be withheld until the agency determines that the deficiencies have been corrected.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1982; amended, T-87-43, Dec. 19, 1986; amended May 1, 1987; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Jan. 3, 1994; amended May 1, 2005.)

Kan. Admin. Regs. § 30-10-1f Private pay wings

As a prerequisite for participation in the medicaid/medikan program, a nursing facility shall not develop private pay wings or segregate medicaid/medikan residents to separate areas of the nursing facility. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective May 1, 1987; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-2 Standards for participation; nursing facilities and nursing facilities for mental health

(a) As a prerequisite for participation in the Kansas medical assistance program as a provider of nursing facility services, each nursing facility and each nursing facility for mental health shall perform the following:

(1) Provide nursing services;

(2) meet the requirements of Title IV, subtitle C, part 2 of the federal omnibus budget reconciliation act of 1987, effective October 1, 1990, which is adopted by reference;

(3) be certified for participation in the program for all licensed beds by the Kansas department of health and environment or the federal department of health and human services;

(4) have been operating under a provider agreement with the agency on June 30, 1994 if the certification is for a nursing facility for mental health;

(5) submit an application for participation in the program on forms prescribed by the secretary of social and rehabilitation services;

(6) update provided information as required by the application forms;

(7) furnish and allow inspection of any information that the agency, its designee, or the United States department of health and human services may request in order to assure proper payment by the Kansas medical assistance program;

(8) inform all new residents of the availability of a potential eligibility assessment under the federal spousal impoverishment law. This assessment shall be completed by the agency or a local agency office;

(9) ensure that before a nonemergency admission of each resident, state-mandated preadmission and referral services have been completed by the Kansas department on aging;

(10) provide nonemergency transportation; and

(11) submit to the agency a copy of the resident assessment form for each resident as follows:

(A) Each nursing facility shall complete a resident assessment form no later than 14 days after admission, no later than 14 days after a significant change in the resident's physical or mental condition, and in no case less often than once every 12 months. Each nursing facility shall conduct a review by completing the resident assessment form no less often than once every three months. Assessments shall be used to monitor the appropriate level of care.

(B) Each nursing facility shall submit resident assessment forms, including the tracking documents, within seven days of completion. Each resident assessment form shall be sent to the state data base by electronic transmission. A resident assessment form shall be considered timely submitted upon the receipt of the electronic submission.

(C) Penalty for nonsubmission of accurate and timely assessment. If 10 percent or more of a nursing facility's assessments are not completed and submitted as required, all further payments to the provider shall be suspended until the forms have been completed and submitted electronically. Thirty days before suspending payment to a provider, written notice stating the agency's intent to suspend payments shall be sent by the agency to the provider. This notice shall explain the basis for the agency's determination and shall explain the necessary corrective action that must be taken before payments are reinstated.

(D) Any assessment that cannot be classified shall be assigned to the lowest classification group.

(b) This regulation shall be effective on and after May 1, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-74-43, Aug. 16, 1974; effective, E-74-63, Dec. 4, 1974; effective May 1, 1975; amended, E-76-34, July 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1982; amended May 1, 1983; amended May 1, 1985; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992; amended Jan. 3, 1994; amended July 1, 1994; amended Sept. 30, 1994; amended Dec. 29, 1995; amended Jan. 1, 1997; amended July 1, 1998; amended Jan. 1, 1999; amended May 1, 2002.)

Kan. Admin. Regs. § 30-10-3 This rule and regulation shall expire on November 2, 1992

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, E-74-43, Aug. 16, 1974; effective May 1, 1975; amended, E-76-34, July 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; revoked Nov. 2, 1992.)

Kan. Admin. Regs. § 30-10-4 This rule and regulation shall expire on November 1, 1992

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-74-43, Aug. 16, 1974; effective May 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1982; amended May 1, 1983; amended May 1, 1985; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1990; revoked Nov. 2, 1992.)

Kan. Admin. Regs. § 30-10-6 Admission procedure

(a) The physical, emotional, social, and cognitive status of each individual, including any individual from out of state, who is seeking admission to a nursing facility or a nursing facility for mental health providing care under title XIX of the federal social security act shall be assessed to determine the need for care and the appropriateness of services in accordance with K.S.A. 39-968 and amendments thereto.

(b) Nursing facility services and nursing facility for mental health services shall be provided pursuant to title IV, subtitle C, part 2, pp. 190-230, of the federal omnibus budget reconciliation act of 1987, effective October 1, 1990, which is adopted by reference in K.A.R. 30-10-2. Each resident shall receive a comprehensive medical evaluation and an explicit recommendation by the physician concerning the level of care needed.

(c) A nursing facility shall not require a private-paying resident to remain in a private-pay status for any period of time after the resident becomes eligible for medicaid/medikan.

(d) This regulation shall be effective on and after July 1, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-74-59, Oct. 24, 1974; effective May 1, 1975; amended, E-76-34, July 1, 1975; amended May 1, 1976; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1987; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992; amended Jan. 4, 1993; amended March 1, 1995; amended July 1, 2002.)

Kan. Admin. Regs. § 30-10-7 Screening, evaluation, reevaluation, and referral for nursing facilities

(a) In accordance with K.S.A. 39-968 and amendments thereto, each individual seeking admission to a nursing facility or nursing facility for mental health providing care under title XIX of the federal social security act, or seeking referral to home- and community-based services (HCBS), shall receive a preadmission assessment, evaluation, and referral to all available community resources, including nursing facilities, before admission.

(b) Each individual choosing to enter a nursing facility following a preadmission assessment identifying no need for nursing facility placement shall do so as a private-paying resident. Medicaid/medikan shall not participate in the cost of care unless and until a preadmission assessment determines that there is a need for nursing facility placement.

(c) Continued eligibility for services at a nursing facility shall be based on each resident's level of care needs as determined through quarterly reassessments. When the reassessment indicates that the resident's level of care needs no longer meet level of care criteria, the resident shall be considered to be in "resident status review." Payment for services shall continue until the authorized case manager indicates that more appropriate and less intensive services are available that meet the resident's health, safety, and social needs.

(d) Each individual admitted to a nursing facility for mental health shall be evaluated at least annually upon the anniversary of admission, and at any other time there may have been a significant change in the resident's mental condition. This evaluation shall be made under the supervision of a qualified mental health professional employed by a participating community mental health center, as defined in K.S.A. 59-2946 and amendments thereto, using the screening tool that may be designated by the secretary, to determine whether it is appropriate for that individual to remain in a nursing facility for mental health. Any state-funded individual for whom it is determined that remaining in the facility is inappropriate may be required to have prepared a plan for that individual's transfer to appropriate care.

(e) This regulation shall be effective on and after May 1, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c and K.S.A. 39-785; effective, E-74-59, Oct. 24, 1974; effective May 1, 1975; amended May 1, 1976; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-84-11, July 1, 1983; amended May 1, 1984; amended, T-85-28, Nov. 14, 1984; amended May 1, 1985; amended May 1, 1986; amended Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended May 1, 1991; amended Jan. 4, 1993; amended July 1, 1994; amended Sept. 30, 1994; amended Dec. 30, 1994; amended March 1, 1995; amended Jan. 1, 1997; amended May 1, 2002.)

Kan. Admin. Regs. § 30-10-8 This rule and regulation shall expire on November 2, 1992

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, E-74-59, Oct. 24, 1974; effective May 1, 1975; amended May 1, 1976; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1987; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; revoked Nov. 2, 1992.)

Kan. Admin. Regs. § 30-10-9 This rule and regulation shall expire on January 30, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-74-43, Aug. 16, 1974; effective, E-74-44, Aug. 28, 1974; effective, E-74-63, Dec. 4, 1974; effective May 1, 1975; amended, E-76-34, July 1, 1975; amended May 1, 1976; amended Feb. 15, 1977; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-79-20, Aug. 17, 1978; amended May 1, 1979; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked, T-30-10-1-90, Oct. 1, 1990; revoked Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-11 Personal needs fund

(a) At the time of admission, each nursing facility provider shall furnish each resident and the resident's representative, if any, with a written statement that meets the following requirements:

(1) Lists all services provided by the provider, distinguishing between those services included in the provider's per diem rate and those services not included in the provider's per diem rate that can be charged to the resident's personal needs fund;

(2) states that there is no obligation for the resident to deposit funds with the provider;

(3) describes each resident's right to select one of the following alternatives for managing the personal needs fund:

(A) The resident or the resident's legal guardian, if any, may receive, retain, and manage the resident's personal needs fund;

(B) the resident may apply to the social security administration to have a representative payee designated for federal or state benefits to which the resident may be entitled; or

(C) except when paragraph (B) of this subsection applies, the resident may designate, in writing, another person to act for the purpose of managing the resident's personal needs fund;

(4) states that any charge for management of a resident's personal needs fund is included in the provider's per diem rate;

(5) states that any late fees, interest, or finance charges shall not be charged to the resident's personal needs fund for late payment of the resident liability;

(6) states that the provider is required to accept a resident's personal needs fund to hold, safeguard, and provide an accounting for it, upon the written authorization of the resident or representative, or upon appointment of the provider as the resident's representative payee; and

(7) states that, if the resident becomes incapable of managing the personal needs fund and does not have a representative, the provider shall be required to arrange for the management of the resident's personal funds as provided in subsection (j).

(b)(1) The provider shall, upon written authorization by the resident, accept responsibility for holding, safeguarding, and accounting for the resident's personal needs fund. The provider may make arrangements with a federally insured or state-insured banking institution to provide these services. However, the responsibility for the quality and accuracy of compliance with the requirements of this regulation shall remain with the provider. The provider shall not charge the resident for these services. Routine bank service charges shall be included in the provider's per diem rate and shall not be charged to the resident. Overdraft charges and other bank penalties shall not be allowable.

(2) The provider shall maintain current, written, and individual records of all financial transactions involving each resident's personal needs fund for which the provider has accepted responsibility. The records shall include at least the following:

(A) The resident's name;

(B) an identification of the resident's representative, if any;

(D) the date and amount of each deposit and withdrawal, the name of the person who accepted the withdrawn funds, and the balance after each transaction;

(E) receipts indicating the purpose for which any withdrawn funds were spent; and

(F) the resident's earned interest, if any.

(3) The provider shall provide to each resident reasonable access to the resident's own financial records.

(4) The provider shall provide a written statement, at least quarterly, to each resident or representative. The statement shall include at least the following:

(A) The balance at the beginning of the statement period;

(B) total deposits and withdrawals;

(D) the ending balance.

(c) Commingling prohibited. The provider shall keep any funds received from a resident for holding, safeguarding, and accounting separate from the provider's operating funds, activity funds, and resident council funds and from the funds of any person other than another resident in that facility.

(d) Types of accounts; distribution of interest.

(1) Petty cash. The provider may keep up to $50.00 of a resident's money in a non-interest-bearing account or petty cash fund.

(2) Interest-bearing accounts. The provider shall, within 15 days of receipt of the money, deposit in an interest-bearing account any funds in excess of $50.00 from an individual resident. The account may be an individual account for the resident or may be pooled with other resident accounts. If a pooled account is used, each resident shall be individually identified on the provider's books. The account shall be in a form that clearly indicates that the provider does not have an ownership interest in the funds. The account shall be insured under federal or state law.

(3) The interest earned on any pooled interest-bearing account shall be distributed without reductions in one of the following ways, at the election of the provider:

(A) Prorated to each resident on an actual interest-earned basis; or

(B) prorated to each resident on the basis of the resident's end-of-quarter balance.

(e) The provider shall provide the residents with reasonable access to their personal needs funds. The provider shall, upon request or upon the resident's transfer or discharge, return to the resident, the legal guardian, or the representative payee the balance of the resident's personal needs fund for which the provider has accepted responsibility, and any funds maintained in a petty cash fund. When a resident's personal needs fund for which the provider has accepted responsibility is deposited in an account outside the facility, the provider, upon request or upon the resident's transfer or discharge, shall within 15 business days return to the resident, the legal guardian, or the representative payee the balance of those funds.

(f) If a provider is a resident's representative payee and directly receives monthly benefits to which the resident is entitled, the provider shall fulfill all of its legal duties as representative payee.

(g) Duties on change of provider.

(1) Upon change of providers, the former provider shall furnish the new provider with a written account of each resident's personal needs fund to be transferred and shall obtain a written receipt for those funds from the new provider.

(2) The provider shall give each resident's representative a written accounting of any personal needs fund held by the provider before any change of provider occurs.

(3) If a disagreement arises regarding the accounting provided by the former provider or the new provider, the resident shall retain all rights and remedies provided under state law.

(h) Upon the death of a resident who is a recipient of medical assistance, the provider shall take the following actions:

(1) The provider shall in good faith determine or attempt to determine within 30 days from the date of death whether there is a surviving spouse, minor or disabled children, or an executor or administrator of the resident's estate.

(A) If there is an executor or an administrator, the provider shall contact the executor or administrator and convey the monies in the personal needs fund as the executor or administrator directs.

(B) If there is no executor or administrator but there is a surviving spouse, the provider shall contact the surviving spouse and convey the monies in the personal needs fund as that surviving spouse directs.

(C) If there is no executor or administrator or surviving spouse, but there are minor or disabled children, the provider shall contact the guardian or personal representative of the minor or disabled children or, if appropriate, the adult disabled children and convey the monies in the personal needs fund as that person directs.

(D) If there is no surviving spouse, minor or disabled children, or executor or administrator, the provider shall convey within 30 days the personal needs fund to the estate recovery unit, which shall be responsible for notifying the appropriate court or personal representative of the receipt of the monies from the personal needs fund of the resident.

(2) The provider shall provide the estate recovery unit with a written accounting of the personal needs fund within 30 days of the resident's death. The accounting shall also be provided to the executor or administrator of the resident's estate, if any; the surviving spouse, if any; the guardian or representative of the surviving minor or disabled children, if any; the personal representative of the resident, if any; and the resident's next of kin.

(i) The provider shall purchase a surety bond and submit a report on forms designated by the state licensing agency. The provider shall give assurance of financial security in an amount equal to or greater than the sum of all residents' funds managed by the provider at any time.

(j) If a resident is incapable of managing the resident's personal needs fund, has no representative, and is eligible for supplemental security income (SSI), the provider shall notify the local office of the social security administration and request that a representative be appointed for that resident. If the resident is not eligible for SSI, the provider shall refer the resident to the local agency office, or the provider shall serve as a temporary representative payee for the resident until the actual appointment of a guardian, conservator, or representative payee.

(k) Resident property records.

(1) The provider shall maintain a current, written record for each resident that includes written receipts for all personal possessions deposited with the provider by the resident.

(2) The property record shall be available to the resident and the resident's representative.

(l) Providers shall keep all personal needs funds in the state of Kansas.

(m) Personal needs funds shall not be turned over to any person other than a duly accredited agent or guardian of the resident. With the consent of the resident, if the resident is able and willing to give consent, the administrator shall turn over a resident's personal needs fund to a designated person to purchase a particular item. However, a signed, itemized, and dated receipt shall be required for deposit in the resident's personal needs fund envelope or another type of file.

(n) A receipt for each transaction shall be signed by the resident, legal guardian, conservator, or responsible party. Recognizing that a legal guardian, conservator, or responsible party is not necessarily available at the time each transaction is made for or on behalf of a resident, the provider shall have a procedure that includes a provision for receipts to be signed on at least a quarterly basis.

(o) The provider shall provide and maintain a system of accounting for expenditures from the resident's personal needs fund. This system shall follow generally accepted accounting principles and shall be subject to audit by representatives of the agency.

(p) Suspension of program payments may be made if the agency determines that any provider is not in compliance with the regulations governing personal needs funds. Thirty days before suspending payment to the provider, written notice shall be sent by the agency to the provider stating the agency's intent to suspend payments. The notice shall explain the basis for the agency's determination and shall explain the necessary corrective action that shall be completed before payments are released.

(q) This regulation shall be effective on and after May 1, 2005.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, E-74-43, Aug. 16, 1974; effective, E-74-44, Aug. 28, 1974; effective May 1, 1975; amended, E-78-35, Dec. 30, 1977; amended May 1, 1978; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Oct. 28, 1991; amended May 1, 1992; amended Jan. 4, 1993; amended Jan. 3, 1994; amended July 1, 2002; amended May 1, 2005.)

Kan. Admin. Regs. § 30-10-16 This rule and regulation shall expire on July 1, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective May 1, 1987; amended Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; revoked July 1, 1991.)

Kan. Admin. Regs. § 30-10-20 Payment of claims

(a) Payment to participating providers. Each participating provider shall be paid, at least monthly, a per diem rate for nursing facility services, excluding resident liability, rendered to eligible residents if all of the following conditions are met:

(1) The agency is billed on the paper claim form or electronic claim submission furnished by the contractor serving as the fiscal agent for the medicaid/medikan program.

(2) The paper claim form or electronic claim submission is verified by the administrator of the facility or a designated key staff member.

(3) The claim is filed no more than 12 months after the time the services were rendered pursuant to K.S.A. 39-708a, and amendments thereto.

(4) The claim does not include services for the date of discharge.

(b) Resident's liability. The resident's liability for services shall be the amount determined by the local agency office in which a medicaid/medikan resident or the resident's agent applies for care. The resident's liability begins on the first day of each month and shall be applied in full before any liability incurred by the medicaid/medikan program. The unexpended portion of the resident's liability payment shall be refunded to the resident or to the resident's agent if the resident dies or otherwise permanently leaves the facility. Providers shall not charge fees or finance charges related to late payment of resident liability.

(c) The payment of claims may be suspended if there has been an identified overpayment and the provider is financially insolvent.

(d) This regulation shall be effective on and after May 1, 2005.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992; amended April 1, 1995; amended May 1, 2005.)

Kan. Admin. Regs. § 30-10-21 Reserve days

(a) Payment shall be available for nursing facility residents, excluding those on planned temporary stays, for days for which it is necessary to reserve a bed in a nursing facility (NF) or nursing facility for mental health (NF-MH) when the resident is absent for any of the following reasons:

(1) Admission to a hospital for acute conditions;

(2) therapeutically indicated home visits with relatives and friends; or

(3) participation in any state-approved therapeutic or rehabilitative program.

(b) In order for payment to be available, the following requirements shall be met when a bed is reserved in a nursing facility or nursing facility for mental health because of a resident's hospitalization for acute conditions:

(1) The period of hospitalization shall not exceed either of the following limits:

(A) 10 days for each single hospital stay for an acute condition; or

(B) 21 days for residents from a nursing facility for mental health for each admission to a state mental institution or admission to a psychiatric ward in any of the following:

(i) A general hospital;

(ii) a private psychiatric hospital; or

(iii) a veterans administration medical center.

(2) The resident shall intend to return to the same facility after hospitalization.

(3) The hospital shall provide a discharge plan for the resident.

(4) Reimbursement shall not be made to reserve a bed in a swing bed hospital if a nursing facility will be reimbursed for the same day to reserve a bed for the resident's return from the hospital.

(1) Payment for non-hospital-related reserve days for eligible residents in nursing facilities for mental health shall not exceed 21 days per calendar year, including travel. If additional days are required to obtain or retain employment, participate in a job readiness training program, or alleviate a severe hardship, the requesting party shall send a request for additional days and supporting documentation to the fiscal agent for approval or disapproval.

(2) Payment for non-hospital-related reserve days for all eligible residents in nursing facilities shall not exceed 18 days per calendar year, including travel. If additional days are required to alleviate a severe hardship, the requesting party shall send a request for additional days and supporting documentation to the fiscal agent for approval or disapproval.

(d) This regulation shall not prohibit any resident from leaving a facility if the resident so desires.

(e) Payments made for unauthorized reserve days shall be reclaimed by the agency.

(f) (1) Before any routine absence by residents, the provider shall notify the local agency office.

(2) In case of emergency admission to a hospital, the provider shall notify the local agency office not later than five working days following admission.

(g) Payment for reserve days shall be approved except when the absence is longer than 10 hospital days for NF or NF-MH residents or 21 hospital days for NF-MH residents who enter either of the following:

(1) A state mental hospital; or

(2) a psychiatric ward in any of the following:

(A) A general hospital;

(B) a private psychiatric hospital; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-3-29-90, April 1, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended July 1, 1996; amended Oct. 1, 2000; amended July 1, 2002; amended Aug. 15, 2003.)

Kan. Admin. Regs. § 30-10-22 This rule and regulation shall expire on January 30, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 39-708c; effective May 1, 1985; revoked, T-30-10-1-90, Oct. 1, 1990; revoked Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-23c Revenues

A statement of revenue shall be required as part of the cost report forms. (a) Revenue shall be reported in accordance with general accounting rules as recorded in the accounting records of the facility and as required in the detailed revenue schedule in the uniform cost report.

(b) The cost of non-covered services provided to residents shall be deducted from the related expense item. The net expense shall not be less than zero.

(c) Revenue received for a service that is not related to resident care shall be used to offset the cost of providing that service, if the cost incurred cannot be determined or is not furnished to the agency by the provider. The cost report line item which includes the non-resident related costs shall not be less than zero. Miscellaneous revenue with insufficient explanation in the cost report shall be offset.

(d) Expense recoveries credited to expense accounts shall not be reclassified as revenue to increase the costs reported in order to qualify for a higher rate. The effective date of this regulation shall be November 2, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by 1992 SB 182, Sec. 5; effective May 1, 1985; amended May 1, 1987; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992.)

Kan. Admin. Regs. § 30-10-24 Compensation of owners, related parties, and administrators

(a) Nonworking owners and related parties. Remunerations paid to non-working owners or other related parties, as defined in K.A.R. 30-10-1a, shall not be considered an allowable cost regardless of the name assigned to the transfer or accrual or the type of provider entity making the payment. Each payment shall be separately identified and reported as owner compensation in the non-reimbursable and non-resident-related expense section of the cost report.

(b) Services related to resident care.

(1) If owners with five percent or more ownership interest or related parties actually perform a necessary function directly contributing to resident care, a reasonable amount shall be allowed for such resident care activity. The reasonable amount allowed shall be the lesser of the following:

(A) The reasonable cost that would have been incurred to pay a non-owner employee to perform the resident-related services actually performed by owners or other related parties, limited by a schedule of salaries and wages based on the state civil service salary schedule in effect when the cost report is processed until the subsequent cost report is filed; or

(B) the amount of cash and other assets actually withdrawn by the owner or related parties.

(2) The resident-related functions shall be limited to those functions that are normally performed by non-owner employees common to the industry and for which cost data is available. The job titles for administrative and supervisory duties performed by an owner or related party shall be limited to the work activities included in the schedule of the owner or related party salary limitations.

(3) The salary limit shall be prorated in accordance with subsection (c) of this regulation. The limitation shall not exceed the highest salary limit on the civil-service-based chart.

(4) The owner or related party shall be professionally qualified for those functions performed that require licensure or certification.

(5) Cash and other assets actually withdrawn shall include only those amounts or items actually paid or transferred during the cost reporting period in which the services were rendered and reported to the internal revenue service.

(6) The owner or related party shall pay any liabilities established in cash within 75 days after the end of the accounting period.

(c) Allocation of owner or related party total work time for resident-related functions. When any owner or related party performs a resident-related function for less than a full-time-equivalent work week, defined as 40 hours per week, the compensation limit shall be prorated. The time spent on each function within a facility or within all facilities in which the owner or related party has an ownership or management interest shall be prorated separately by function, but shall not exceed 100 percent of that person's total work time. Time spent on other non-related business interests or work activities shall not be included in calculations of total work time.

(d) Reporting owner or related party compensation on cost report. The provider shall report owner or related party compensation on the owner compensation line in the appropriate cost center for the work activity involved. Any compensation paid to employees who have an ownership interest of five percent or more, including employees at the central office of a chain organization, shall be deemed owner compensation. Providers with any professionally qualified owner or related party employees performing duties other than those for which they are professionally qualified shall report the cost for these duties in the operating cost center.

(e) Owner-administrator compensation limitation.

(1) Reasonable limits shall be determined by the agency for owner-administrator compensation based upon the current civil service salary schedule.

(2) This limitation shall apply to the salaries of each administrator and coadministrator of that facility and to owner compensation reported in the operating cost center. This limitation shall apply to the salaries of the administrator and coadministrator, regardless of whether they have any ownership interest in the business entity.

(3) Each salary in excess of the owner or related party limitations determined in accordance with subsections (b) and (c) of this regulation shall be transferred to the owner compensation line in the operating cost center and shall be subject to the owner-administrator compensation limitation. The provider shall include all owner-administrator compensation in excess of the limitation in the administrative costs used to compute the incentive factor.

(f) Management consultant fees. Fees for consulting services provided by owners and related parties shall be deemed owner's compensation subject to the owner-administrator compensation limit. The provider shall report fees on the owner compensation line in the operating cost center if the actual cost of the service is not submitted with the adult care home financial and statistical report:

(1) Related parties as defined in K.A.R. 30-10-1a;

(2) current owners of the provider agreement and operators of the facility;

(3) current owners of the facility in a lessee-lessor relationship;

(4) management consulting firms owned and operated by former business associates of the current owners in this and other states;

(5) owners who sell and enter into management contracts with the new owner to operate the facility; and

(6) accountants, lawyers, and other professional people who have common ownership interests in other facilities, in this or other states, with the owners of the facility from which the consulting fee is received.

(g) Costs not related to resident care. An allowance shall not be made for costs related to investigation of investment opportunities, travel, entertainment, goodwill, or administrative or managerial activities performed by owners or other related parties that are not directly related to resident care.

(h) This regulation shall be effective on and after July 1, 2002.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended May 1, 1988; amended Jan. 2, 1989; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991, amended Oct. 28, 1991; amended Dec. 29, 1995; amended July 1, 2002.)

Kan. Admin. Regs. § 30-10-28 Resident days

(a) Calculation of resident days.

(1) "Resident day" shall have the meaning set forth in K.A.R. 30-10-1a.

(2) If both admission and discharge occur on the same day, that day shall be considered to be a day of admission and shall count as one resident day.

(3) If the provider does not make refunds on behalf of a resident for unused days in case of death or discharge, and if the bed is available and actually used by another resident, these unused days shall not be counted as a resident day.

(4) Any bed days paid for by the resident, or any other party on behalf of the resident, before an admission date shall not be counted as a resident day.

(5) The total resident days for the cost report period shall be precise and documented; an estimate of the days of care provided shall not be acceptable.

(6) In order to facilitate accurate and uniform reporting of resident days, the accumulated method format set forth in data specifications in diskettes furnished by the agency shall be used for all residents beginning January 1, 1999. The monthly reporting, using the diskette, shall be submitted to the agency as supportive documentation for the resident days shown on the cost report forms and shall be submitted at the time the cost report and required documents are submitted to the agency. Monthly census summaries shall include reporting for nursing facility or nursing facility-mental health, other residential days with shared nursing facility or nursing facility-mental health costs, and day care hours. Each provider shall keep these monthly records for each resident, whether a Kansas medical assistance program recipient or a non-recipient. If the provider fails to keep accurate records of resident days in accordance with the accumulated method format, the assumed occupancy rate shall be 100 percent.

(7) The provider shall report the total number of Kansas medical assistance program resident days in addition to the total resident days on the uniform cost report form.

(8) The provider shall report the total number of other residential days with shared nursing facility or nursing facility-mental health costs on the uniform cost report form.

(b) Respite care days shall be counted as resident days and reported on the monthly census forms.

(c) Day care and day treatment shall be counted as one resident day for 18 hours of service. The total hours of service provided for all residents during the cost reporting year shall be divided by 18 hours to convert to resident days.

(d) This regulation shall take effect on and after January 1, 1999.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c; effective May 1, 1985; amended May 1, 1987; amended Jan. 2, 1989; amended Jan. 2, 1990; amended, T-30-10-1-90, Oct. 1, 1990; amended Jan. 30, 1991; amended Nov. 2, 1992; amended Jan. 3, 1994; amended Jan. 1, 1999.)

Kan. Admin. Regs. § 30-10-30 This rule and regulation shall expire on May 1, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-708c; implementing 1989 HB 2028; effective Jan. 2, 1990; revoked May 1, 1991.)

Kan. Admin. Regs. § 30-10-201 Intermediate care facilities for mentally retarded

(a) Change of provider.

(1) The current provider or prospective provider shall notify the agency of a proposed change of providers at least 60 days in advance of the closing transaction date. Failure to submit a timely notification shall result in the new provider assuming responsibility for any overpayment made to the previous provider before the transfer. This shall not release the previous provider of responsibility for such overpayment.

(2) Before the dissolution of the business entity, the change of ownership of the business entity, or the sale, exchange or gift of 5% or more of the depreciable assets of the business entity, the agency shall be notified in writing concerning the change at least 60 days before the change. Failure to submit a timely notification shall result in the new provider assuming responsibility for any overpayment made to the previous provider before the transfer. This shall not release the previous provider of responsibility for such overpayment. The secretary may expressly agree in writing to other overpayment recovery terms.

(3) Any partnership that is dissolved shall not require a new provider agreement if at least one member of the original partnership remains as the provider of services. Any addition or substitution to a partnership or any change of provider resulting in a completely new partnership shall require that an application to be a provider of services be submitted to the agency.

(4) If a sole proprietor not incorporated under applicable state law transfers title and property to another party, a change of ownership shall have occurred. An application to be a provider of services shall be submitted to the agency.

(5) Transfer of participating provider corporate stock shall not in itself constitute a change of provider. Similarly, a merger of one or more corporations with the participating provider corporation surviving shall not constitute a change of provider. A consolidation of two or more corporations which creates a new corporate entity shall constitute a change of provider and an application to be a provider of services shall be submitted to the agency.

(6) The change of or a creation of a new lessee, acting as a provider of services, shall constitute a change of provider. An application to be a provider of services shall be submitted to the agency. If the lessee of the facility purchases the facility, the purchase shall not constitute a change in provider.

(b) Each new provider shall be subject to a certification survey by the department of health and environment and, if certified, the period of certification shall be as established by the Kansas department of health and environment. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-202 ICF-MR provider agreement

As a prerequisite for participation in the medicaid/medikan program as an ICF-MR provider, the owner or lessee shall enter into a provider agreement with the agency on forms prescribed by the secretary. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-203 ICF-MR inadequate care

(a) When the agency determines that inadequate care is being provided to a client, payment to the ICF-MR for the client may be terminated.

(b) When the agency receives confirmation from the Kansas department of health and environment that an ICF-MR has not corrected deficiencies which significantly and adversely affect the health, safety, nutrition or sanitation of ICF-MR clients, payments for new admissions shall be denied and future payments for all clients shall be withheld until confirmation that the deficiencies have been corrected. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-204 ICF-MR standards for participation; intermediate care facility for the mentally retarded or clients with related conditions

As a prerequisite for participation in the medicaid/medikan program as a provider of intermediate care facility services for the mentally retarded or clients with related conditions, each ICF-MR shall: (a) Meet the requirements of 42 CFR 442, subparts A, B, C and E, effective October 3, 1988, which is adopted by reference, and 42 CFR 483, subpart D, effective October 3, 1988, which is adopted by reference; and

(b) be certified for participation in the program by the Kansas department of health and environment. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-205 ICF-MR admission procedure

(a) Admission procedure for ICF's-MR shall be pursuant to 42 CFR 483.440, effective October 3, 1988, which is adopted by reference.

(b) An ICF-MR shall not require a private-paying client to remain in a private-pay status for any period of time after the client becomes eligible for medicaid/medikan.

(c) Each client shall be screened and found eligible for services before the client is admitted in the medicaid/medikan program. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-206 ICF-MR certification and recertification by physicians

(a) Certification. At the time of admission to an ICF-MR or at the time any ICF-MR client applies for medical assistance under the medicaid/medikan program, a physician or physician extender shall certify that the services must be given on an inpatient basis. Services shall be furnished under a plan established by the physician or physician extender before authorization of payment. Before reimbursement is approved, a screening team designated by the secretary shall review the physician's or physician extender's certification and shall certify that services in an ICF-MR are the most appropriate services available for the individual. The certification of need shall become part of the individual's medical record. The date of certification shall be the date the case is approved for payment and the certification is signed.

(b) Recertification.

(1) Each ICF-MR shall be responsible for obtaining a physician's or physician extender's recertification for each client.

(2) The recertification shall be included in the client's medical record. Recertification statements may be entered on or included with forms, notes, or other records a physician or physician extender normally signs in caring for a client. The statement shall be authenticated by the actual date and signature of the physician or physician extender.

(c) If the appropriate professional refuses to certify or recertify because, in the professional's opinion, the client does not require ICF-MR care on a continuing basis, the services shall not be covered. The reason for the refusal to certify or recertify shall be documented in the client's records. The effective date of this regulation shall be January 30, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991.)

Kan. Admin. Regs. § 30-10-207 ICF-MR inspection of care and utilization review

(a) The inspection of care team from the Kansas department of health and environment shall conduct an inspection of care and utilization review of each medicaid/medikan client in all intermediate care facilities for the mentally retarded certified to participate in the medicaid/medikan program.

(b) Each ICF-MR shall cooperate with authorized representatives of the agency and the department of health and human services in the discharge of their duties regarding all aspects of the inspection of care and utilization review.

(c) Any ICF-MR where the utilization review team finds inappropriately placed clients shall be responsible for providing transportation for the clients to a more appropriate placement facility. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-208 ICF-MR personal needs fund

(a) At the time of admission, ICF-MR providers shall furnish that client and the representative with a written statement that:

(1) Lists all services provided by the provider, distinguishing between those services included in the provider's per diem rate and those services not included in the provider's basic rate, that can be charged to the client's personal needs fund;

(2) states that there is no obligation for the client to deposit funds with the provider;

(3) describes the client's rights to select one of the following alternatives for managing the personal needs fund:

(A) The client may receive, retain and manage the client's personal needs fund or have this done by a legal guardian, if any;

(B) the client may apply to the social security administration to have a representative payee designated for purposes of federal or state benefits to which the client may be entitled;

(C) except when paragraph (B) of this subsection applies, the client may designate, in writing, another person to act for the purpose of managing the client's personal needs fund;

(4) states that any charge for these services is included in the provider's per diem rate;

(5) states that the provider is required to accept a client's personal needs fund to hold, safeguard, and provide an accounting, upon the written authorization of the client or representative, or upon appointment of the provider as a client's representative payee; and

(6) states that, if, in the opinion of the professional interdisciplinary team, the client becomes incapable of managing the personal needs fund and does not have a representative, the provider is required to arrange for the management of the client's personal funds as provided in K.A.R. 30-10-208(j).

(b) (1) The provider shall upon written authorization by the client, accept responsibility for holding, safeguarding and accounting for the client's personal needs fund. The provider may make arrangements with a federally or state insured banking institution to provide these services. However, the responsibility for the quality and accuracy of compliance with the requirements of K.A.R. 30-10-208 shall remain with the provider. The provider may not charge the client for these services, but shall include any charges in the provider's per diem rate.

(2) The provider shall maintain current, written, individual records of all financial transactions involving each client's personal needs fund for which the provider has accepted responsibility. The records shall include at least the following:

(A) The client's name;

(B) an identification of client's representative, if any;

(D) the date and amount of each deposit and withdrawal, the name of the person who accepted the withdrawn funds, and the balance after each transaction;

(E) receipts indicating the purpose for which any withdrawn funds were spent; and

(F) the client's earned interest, if any.

(3) The provider shall provide each client reasonable access to the client's own financial records.

(4) The provider shall provide a written statement, at least quarterly, to each client or representative. The statement shall include at least the following:

(A) The balance at the beginning of the statement period;

(B) total deposits and withdrawals;

(D) the ending balance.

(c) Commingling prohibited. The provider shall keep any funds received from a client for holding, safeguarding and accounting separate from the provider's operating funds, activity funds, client council funds and from the funds of any person other than another client in that facility.

(d) Types of accounts; distribution of interest.

(1) Petty cash. The provider may keep up to $50.00 of a client's money in a non-interest bearing account or petty cash fund.

(2) Interest-bearing accounts. The provider shall, within 15 days of receipt of the money, deposit in an interest-bearing account any funds in excess of $50.00 from an individual client. The account may be individual to the client or pooled with other client accounts. If a pooled account is used, each client shall be individually identified on the provider's books. The account shall be in a form that clearly indicates that the provider does not have an ownership interest in the funds. The account shall be insured under federal or state law.

(3) The interest earned on any pooled interest-bearing account shall be distributed in one of the following ways, at the election of the provider:

(A) Pro-rated to each client on an actual interest-earned basis; or

(B) pro-rated to each client on the basis of the client's end-of-quarter balance.

(e) The provider shall provide the clients with reasonable access to their personal needs funds. The provider shall, upon request or upon the client's transfer or discharge, return to the client, the legal guardian or the representative payee the balance of the client's personal needs fund for which the provider has accepted responsibility, and any funds maintained in a petty cash fund. When a client's personal needs fund for which the provider has accepted responsibility is deposited in an account outside the facility, the provider, upon request or upon the client's transfer or discharge, shall within 15 business days, return to the client, the legal guardian, or the representative payee, the balance of those funds.

(f) When a provider is a client's representative payee and directly receives monthly benefits to which the client is entitled, the provider shall fulfill all of its legal duties as representative payee.

(g) Duties on change of provider.

(1) Upon change of providers, the former provider shall furnish the new provider with a written account of each client personal needs fund to be transferred, and obtain a written receipt for those funds from the new provider.

(2) The provider shall give each client's representative a written accounting of any personal needs fund held by the provider before any change of provider occurs.

(3) In the event of a disagreement with the accounting provided by the previous provider or the new provider, the client shall retain all rights and remedies provided under state law.

(h) Upon the death of a client, the provider shall provide the executor or administrator of a client's estate with a written accounting of the client's personal needs fund within 30 business days of a client's death. If the deceased client's estate has no executor or administrator, the provider shall provide the accounting to:

(1) The client's next of kin;

(2) the client's representative; and

(3) the clerk of the probate court of the county in which the client died.

(i) The provider shall purchase a surety bond in the name of the provider on behalf of the clients or employee indemnity bond, or submit a letter of credit or individual or corporate surety, to guarantee the security of clients' funds when the amount in the aggregate exceeds $1,000.00. The guarantee shall be sufficient to secure the highest quarterly balance from the previous year.

(j) If a client is incapable of managing the client's personal needs fund, has no representative, and is eligible for SSI, the provider shall notify the local office of the social security administration and request that a representative be appointed for that client. If the client is not eligible for SSI, the provider shall refer the client to the local agency office, or the provider shall serve as a temporary representative payee for the client until the actual appointment of a guardian or conservator or representative payee.

(k) Client property records.

(1) The provider shall maintain a current, written record for each client that includes written receipts for all personal possessions deposited with the provider by the client.

(2) The property record shall be available to the client and the client's representative.

(l) Providers shall keep the funds in the state of Kansas.

(m) Personal needs fund shall not be turned over to any person other than a duly accredited agent or guardian of the client. With the consent of the client, if the client is able and willing to give consent, the administrator shall turn over a client's personal needs fund to a designated person to purchase a particular item. However, a signed, itemized, and dated receipt shall be required for deposit in the client's personal needs fund envelope or another type of file.

(n) Receipts shall be signed by the client, legal guardian, conservator or responsible party for all transactions. Recognizing that a legal guardian, conservator or responsible party may not be available at the time each transaction is made for or on behalf of a client, the provider shall have a procedure which includes a provision for signed receipts at least quarterly.

(o) The provider shall provide and maintain a system of accounting for expenditures from the client's personal needs fund. This system shall follow generally accepted accounting principles and shall be subject to audit by representatives of the agency. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-209 ICF-MR prospective reimbursement

Providers participating in the medicaid/medikan program shall be reimbursed for ICF-MR services through rates that are reasonable and adequate to meet the client-related costs which must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal laws, regulations, and quality and safety standards. Because even efficiently and economically operated facilities may incur some excess or inefficient costs, in this prospective payment system the identification of efficiently and economically operated facilities by the procedures and limitations of this article shall be an aggregate determination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-708c; effective, T-30-10-1-90, Oct. 1, 1990; effective Jan. 30, 1991; amended Aug. 14, 1998.)

Kan. Admin. Regs. § 30-10-211 ICF-MR financial data

(a) General. The per diem rate or rates for providers participating in the medicaid/medikan program shall be based on an audit or desk review of the costs reported to provide client care in each facility. The basis for conducting these audits or reviews shall be the ICF-MR financial and statistical report MH&RS-2004. Each provider shall maintain sufficient financial records and statistical data for proper determination of reasonable and adequate rates. Standardized definitions, accounting, statistics, and reporting practices which are widely accepted in the ICF-MR and related fields shall be followed, except to the extent that they may conflict with or be superseded by state or federal medicaid requirements. Changes in these practices and systems shall not be required in order to determine reasonable and adequate rates.

(b) Pursuant to K.A.R. 30-10-213, ICF-MR financial and statistical reports, MH&RS-2004, (cost reports) shall be required from providers on an annual basis.

(c) Adequate cost data and cost findings. Each provider shall provide adequate cost data on the cost report. This cost data shall be in accordance with state and federal medicaid requirements and general accounting principles, shall be based on the accrual basis of accounting, and may include a current use value of the provider's fixed assets used in client care. Estimates of costs shall not be allowable except on projected cost reports submitted pursuant to K.A.R. 30-10-213.

(d) Recordkeeping requirements.

(1) Each provider shall furnish any information to the agency that may be necessary:

(A) To assure proper payment by the program pursuant to paragraph (2);

(B) to substantiate claims for program payments; and

(2) Each provider shall permit the agency to examine any records and documents that are necessary to ascertain information pertinent to the determination of the proper amount of program payments due. These records shall include:

(A) Matters of the ICF-MR ownership, organization, and operation, including documentation as to whether transactions occurred between related parties;

(B) fiscal, medical, and other recordkeeping systems;

(D) documentation of asset acquisition, lease, sale or other action;

(E) franchise or management arrangements;

(F) matters pertaining to costs of operation;

(G) amounts of income received, by source and purpose;

(H) a statement of changes in financial position; and

(I) actual cost of day care programs provided to ICF/MR clients.

Other records and documents shall be made available as necessary. Records and documents shall be made available in Kansas. Any provider who fails to provide any documents requested by the agency may be suspended from the ICF/MR program.

(3) Each provider, when requested, shall furnish the agency with copies of client service charge schedules and changes thereto as they are put into effect. The agency shall evaluate the charge schedules to determine the extent to which they may be used for determining program payment.

(4) Suspension of program payments to a provider. If the agency determines that any provider does not maintain or no longer maintains adequate records for the determination of reasonable and adequate per diem rates under the program, payments to that provider may be suspended until deficiencies are corrected. Thirty days before suspending payment to the provider, the agency shall send written notice to the provider of its intent to suspend payments. The notice shall explain the basis for the agency's determination with respect to the provider's records and shall identify the provider's recordkeeping deficiencies.

(5) All records of each provider that are used in support of costs, charges and payments for services and supplies shall be subject to inspection and audit by the agency, the United States department of health and human services, and the United States general accounting office. All financial and statistical records to support costs reports shall be retained for five years from the date of filing the cost report with the agency. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-212 ICF-MR extra care

(a) Additional reimbursement for direct services shall be available to ICF's-MR for medicaid/medikan clients in need of extra care. Failure to obtain prior authorization shall negate reimbursement for this service.

(b) Extra care shall be considered a covered service within the scope of the program unless the request for prior authorization is denied. Reimbursement for this service shall be contingent on approval by the agency.

(c) The additional reimbursement for extra care shall be shown as a provider adjustment on the individual line item of benefit on the ICF-MR financial and statistical report. Extra care costs shall not be included as a component when calculating the final rate for the facility. The effective date of this regulation shall be April 1, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991; amended April 1, 1992.)

Kan. Admin. Regs. § 30-10-213 ICF-MR cost reports

(a) Historical cost data.

(1) For cost reporting purposes, each provider shall submit the ICF-MR financial and statistical report in accordance with the instructions included in this regulation. The report shall cover a consecutive 12-month period of operations. The 12-month period shall coincide with the fiscal year used for federal income tax or other financial reporting purposes. The same 12-month period shall be used by providers related through common ownership, common interests or common control. A non-owner operator of a facility must have a signed provider agreement to be considered a provider for the purpose of this paragraph. A working trial balance, as defined in K.A.R. 30-10-200, and a detailed depreciation schedule shall be submitted with the cost report.

(2) If a provider has more than one facility, the provider shall allocate central office costs to each facility consistently, based on generally accepted accounting principles, including any facilities being paid rates from projected cost data.

(b) Amended cost reports. Amended cost reports revising cost report information previously submitted by a provider shall be required when the error or omission is material in amount and results in a change in the provider's rate of $.10 or more per client day. Amended cost reports shall also be permitted when the error or omission affects the current or future accounting periods of the provider. No amended cost report shall be allowed after 13 months have passed from the report year end.

(c) Due dates of cost reports. Cost reports shall be received by the agency no later than the close of business on the last day of the third month following the close of the period covered by the report. Cost reports from each provider with more than one facility shall be received on the same date.

(d) Extension of time for submitting a cost report to be received by the agency.

(1) A one-month extension of the due date of a cost report may, for good cause, be granted by the agency. The request shall be in writing and shall be received by the agency prior to the due date of the cost report. Requests received after the due date shall not be accepted.

(2) A second extension may be granted in writing by the secretary of the agency when the cause for further delay is beyond the control of the provider.

(3) Each provider who requests an extension of time for filing a cost report to delay the effective date of the new rate, which is lower than the provider's current rate, shall have the current rate reduced to the amount of the new rate. The reduced rate shall be effective on the date that the new rate would have been effective if the cost report had been received on the last day of the filing period without the extension.

(e) Penalty for late filing. Except as provided in subsection (d), each provider filing a cost report after the due date shall be subject to the following penalties.

(1) If the cost report has not been received by the agency by the close of business on the due date, all further payments to the provider shall be withheld and suspended until the complete ICF-MR financial and statistical report has been received.

(2) Failure to submit cost information within one year after the end of the provider's fiscal year shall be cause for termination from the medicaid/ medikan program.

(f) Projected cost data.

(1) If a provider is required to submit a projected cost report under K.A.R. 30-10-214, the provider's rate or rates shall be based on a proposed budget with costs projected on a line item basis for the provider's most immediate future 12-month period.

(2) The projection period shall end on the last day of a calendar month. Providers shall use the last day of the month nearest the end of the 12-month period specified in subparagraph (1) or the end of their fiscal year when that period ends not more than one month before or after the end of the 12-month report period. The projection period shall not be less than 11 months or more than 13 months. Historical cost data reported shall be for the full period reported if that period is less than 12 months or the latest consecutive 12-month period if the report period is extended beyond 12 months to meet this requirement.

(3) The projected cost report shall be approved for reasonableness and appropriateness by the agency before the rate or rates are established for the projection period, and upon receipt of the provider's historical cost report for the time period covered by the projected cost report. The projected cost report items which are determined to be unreasonable or which contain deviations from the historical cost report shall, upon audit, be handled in accordance with subsection (f) of K.A.R. 30-10-214.

(4) The projection period of each provider filing a projected cost report in accordance with paragraph (2) of subsection (e) of K.A.R. 30-10-214 shall be extended to the last day of the 12th month following the date the new construction is certified for use by the appropriate agency. The projected and historical cost reports for this projection period shall be handled in accordance with paragraph (1) of this subsection. If the projection period prior to the certification of the new construction exceeds three months, the provider shall be required to file a historical cost report for this period for the purpose of retroactive settlement in accordance with paragraph (1) of this subsection.

(5) An interim settlement, based on a desk review of the historical cost report for the projection period, may generally be determined within 90 days after the provider is notified of the new rate determined from such cost report. The final settlement shall be based on an audit of the historical cost report.

(g) Balance sheet requirement. A balance sheet prepared in accordance with cost report instructions shall be filed as part of the cost report forms for each provider. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-214 ICF-MR rates of reimbursement

(a) Rates for ICF's-MR.

(1) The determination of per diem rates shall be made, at least annually by the secretary, on the basis of the cost information supplied by the provider, and retained for cost auditing. The cost information for each provider shall be compared with limits established based on the level of care needs of clients to determine the allowable per diem cost.

(2) Ownership allowance shall be determined as follows:

(A) All ICF's-MR initially certified to participate in the medicaid/medikan program prior to July 1, 1991 shall be held to the established ownership allowance.

(B) All ICF's-MR certified on or after July 1, 1991 shall be subject to an absolute cap on ownership costs.

(3) Per diem rates for the following cost centers shall be limited by absolute caps.

(A) The cost center limits shall be based on facility size and level of care. The cost centers and limiting factors shall be:

(i) Direct service based on facility size and level of care. Direct service consists of the room and board and health care cost centers in the ICF-MR financial and statistical report;

(ii) administration based on facility size; and

(iii) plant operating based on total allowable costs;

(B) The absolute caps shall be reviewed at least annually for reasonableness based on the reimbursement model and the allowable historical costs. The absolute caps shall be approved by the secretary or a designated official.

(4) To establish a per diem rate for each provider by facility size and level of care, a factor for inflation may be added to the allowable per diem cost. The per diem rate shall be based on the lower of the actual allowable cost or the absolute cost center limits. A detailed listing of the computation of the rate shall be provided to each provider. The effective date of the rate for existing facilities shall be in accordance with subsection (a) of K.A.R. 30-10-215.

(b) Comparable service rate limitations.

(1) Intermediate care facilities for the mentally retarded and persons with related conditions. The per diem rate for intermediate care for the mentally retarded and persons with related conditions shall not exceed the rate charged to clients not under the medicaid/medikan program for the same level of care in the ICF-MR and for the same type of service.

(2) All private pay rate structure changes and the effective dates shall be reported on the uniform cost report.

(3) The ICF-MR shall notify the agency of any private pay rate structure changes within 30 days of the effective date of a new medicaid rate.

(4) Providers shall have a grace period to raise the rate or rates charged to clients not under the medicaid/medikan program for the same level of care in the ICF-MR.

(A) The grace period shall end the first day of the third calendar month following the notification date of a new medicaid/medikan rate.

(B) The notification date is the date typed on the letter which informs the provider of a new medicaid/medikan rate.

(C) There shall be no penalty during the grace period if the rate charged to clients not under the medicaid/medikan program is lower than the medicaid/medikan rate for the same level of care in the ICF-MR and for the same type of service.

(D) If the rate charged to clients not under the medicaid/medikan program is lower than the rate charged to medicaid/medikan clients after the grace period, the medicaid/medikan rate will be lowered as of the original effective date of the most recent changes.

(c) Rates for new construction or bed additions. The per diem rate for newly constructed ICF's-MR shall be based on a projected cost report submitted in accordance with K.A.R. 30-10-213. No rate shall be paid until an ICF-MR financial and statistical report is received and approved. Limitations established for existing facilities providing the same level of care shall apply. The effective date of the per diem rate shall be in accordance with K.A.R. 30-10-215.

(d) Change of provider.

(1) When a new provider makes no change in the facility, number of beds or operations, the interim payment rate for the first 12 months of operation shall be based on the historical cost data of the previous owner or provider. The new owner or provider shall file a 12-month historical cost report within three months after the end of the first 12 months of operation and within three months after the end of the provider's fiscal year established for tax or accounting purposes. The rate determined from the historical cost reports shall be effective in accordance with K.A.R. 30-10-215.

(2) The agency may approve a new rate based on a projected cost report when the care of the clients is certified by the Kansas department of health and environment to be at risk because the per diem rate of the previous provider is not sufficient for the new provider to provide care and services in conformity with applicable state and federal laws, regulations, and quality and safety standards.

(e) Per diem rate errors.

(1) When the per diem rate, whether based upon projected or historical cost data, is audited by the agency and is found to contain errors, a direct cash settlement shall be required between the agency and the provider for the amount of money overpaid or underpaid. If a provider no longer operates a facility with an identified overpayment, the settlement shall be recouped from a facility owned or operated by the same provider or provider corporation unless other arrangements have been made to reimburse the agency. A net settlement may be made when a provider has more than one facility involved in settlements.

(2) The per diem rate for a provider may be increased or decreased as a result of a desk review or audit on the provider's cost reports. Written notice of per diem rate changes and desk review or audit findings shall be sent to the provider. Retroactive adjustments of the rate paid during any projection period shall apply to the same period of time covered by the projected rate.

(3) Providers may request an administrative review of the audit adjustments that result in an overpayment or underpayment within 30 days from the date of the audit report cover letter. The request shall specify the finding or findings that the provider wishes to have reviewed.

(4) Any audit exception imposed on the agency by the department of health and human services due to provider action may be recovered from the provider.

(f) ICF-MR closure. An ICF-MR may submit a plan to the agency to individually place all residents out of the facility, close the facility permanently and cease operations as a certified ICF-MR.

(1) The plan for ICF-MR closure shall include:

(A) A schedule for the placement of residents out of the facility; and

(B) a projected budget for the cost of operating the facility while closure is occurring.

(2) The plan for ICF-MR closure shall be reviewed for reasonableness. If approved by the secretary, the plan may be implemented as written.

(3) The facility may be reimbursed on a projected basis for cost of operating the facility while closure is occurring according to the agreed upon plan. Reimbursement may exceed limits established for any cost centers for ICF's-MR including but not limited to:

(A) Administration;

(B) ownership allowance;

(D) direct service, including room and board and habilitation.

(4) After the ICF-MR ceases operation, an audit of the actual costs incurred during implementation of the approved closure plan shall be conducted.

(A) If the actual overall costs incurred during closure are not as great as the costs projected in the approved closure plan, the facility shall repay the difference to the agency.

(B) If the actual overall cost incurred during closure meets or exceeds the projected costs in the approved closure plan, no additional payment shall be made to the ICF-MR.

(5) If the ICF-MR does not close as agreed upon, the ICF-MR must repay the excess of the amount paid under the closure agreement above the regular payments the ICF-MR would have received, based on the most recent historical actual cost report, if the ICF-MR had not submitted a closure plan to the agency.

(g) Provision of services out-of-state. Rates for clients served out-of-state by certified participants in a medicaid program shall be the rate or rates approved by the agency. All payments made for services provided outside the state of Kansas require prior authorization by the agency. The effective date of this regulation shall be October 1, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 39-708c, as amended by 1992 SB 182, Sec. 5; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991; amended Oct. 1, 1992.)

Kan. Admin. Regs. § 30-10-215 ICF-MR rates; effective dates

(a) Effective date of per diem rates for existing facilities. The effective date of a new rate that is based on information and data in the ICF/ MR cost report shall be the first day of the third calendar month following the month the complete cost report is received by the agency.

(b) Effective date of the per diem rate for a new provider. The effective date of the per diem rate for a new provider, as set forth in subsection (c) of K.A.R. 30-10-214, shall be the date of certification by the department of health and environment pursuant to 42 CFR section 442.13, effective October 3, 1988, which is adopted by reference. The interim rate determined from an approved projected cost report filed by the provider shall be established with the fiscal agent by the first day of the third month after the receipt of a complete and workable cost report. The effective date of the final rate, determined after audit of the historical cost report filed for the projection period, shall be the date of certification by the department of health and environment.

(1) The effective date of the per diem rate for a change in provider, as set forth in K.A.R. 30-10-215, shall be the date of certification by the department of health and environment. The effective date of the final rate, determined after audit of the historical cost report filed for the projection period, shall be the date of certification by the department of health and environment.

(2) The effective date of the projected and final rate for a new provider, as set forth in K.A.R. 30-10-214, shall be the later of the date of the receipt of the ICF-MR financial and statistical report or the date the new construction is certified.

(d) The effective date of the per diem rates for providers with more than one facility filing an historic cost report, in accordance with K.A.R. 30-10-213, shall be the first day of the third calendar month after all cost reports due from that provider have been received.

(e) The effective date for a provider filing an historic cost report covering a projection status period shall be the first day of the month following the report year-end. This is the date that historic and estimated inflation factors are applied in determining prospective rates. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-216 ICF-MR payment of claims

(a) Payment to participating provider. Each participating provider shall be paid, at least monthly, a per diem rate for ICF-MR services, excluding client liability, rendered to eligible clients provided that:

(1) The agency is billed on the turn-around document or electronic claims submission furnished by the contractor serving as the fiscal agent for the medicaid/medikan program;

(2) the turn-around document or electronic claims submission is verified by the administrator of the facility or a designated key staff member; and

(3) the claim is filed no more than six months after the time the services were rendered pursuant to K.S.A. 39-708a, and any amendments thereto.

(b) Client's liability. The client's liability for services shall be the amount determined by the local agency office in which a medicaid/medikan client or the client's agent applies for care. The client's liability begins on the first day of each month and shall be applied in full prior to any liability incurred by the medicaid/medikan program. The unexpended portion of the client's liability payment shall be refunded to the client or client's agent if the client dies or otherwise permanently leaves the facility.

(c) The payment of claims may be suspended if there has been an identified overpayment and the provider is financially insolvent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991.)

Kan. Admin. Regs. § 30-10-217 ICF-MR reserve days

(a) Payment shall be available for days for which it is necessary to reserve a bed in an intermediate care facility for the mentally retarded when the client is absent for:

(1) admission to a hospital for acute conditions;

(2) therapeutically indicated home visits with relatives or friends; or

(3) participation in state-approved therapeutic or rehabilitative programs.

(b) (1) Payment shall be available only for the days during which there is a likelihood that the reserved bed would otherwise be required for occupancy by some other client.

(c) The provider shall notify the local agency office before routine absence from the facility by clients in the Kansas medicaid/medikan program. In case of emergency admission to a hospital, the provider shall notify the local agency office not later than five working days following admission.

(d) In order for payment to be available, the following conditions shall be met when a bed is reserved in an ICF/MR because of hospitalization.

(1) The provider shall be reimbursed for client reserve days for hospitalization of an acute condition for each period of hospitalization up to 10 days.

(2) ICF/MR clients transferred to one of the state mental retardation facilities, shall be eligible for 21 hospital reserve days.

(3) The client shall intend to return to the same facility after the hospitalization and the facility shall intend to accept the individual for service.

(4) The hospital shall provide a discharge plan for the client which includes returning to the facility requesting the reserve days.

(5) An ICF/MR which has less than 90 percent occupancy shall not be approved for hospitalization reserve days.

(e) The client's plan of care shall provide for any non-hospital related absence. Payment for non-hospital related reserve days for eligible clients residing in intermediate care facilities for the mentally retarded shall not exceed 21 days per calendar year, including travel. If additional days are required to alleviate a severe hardship or facilitate normalization, the ICF-MR provider shall send the request for additional days and supporting documentation to the agency for approval or disapproval.

(f) This regulation shall not prohibit any client from leaving a facility if the client so desires.

(g) Payments made for unauthorized reserve days shall be reclaimed by the agency.

(h) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991; amended April 1, 1992; amended July 1, 1996.)

Kan. Admin. Regs. § 30-10-218 ICF-MR non-reimbursable costs

(a) Costs not related to client care, as set forth in K.A.R. 30-10-200, shall not be considered in computing reimbursable costs. In addition, the following expenses or costs shall not be allowed:

(1) Fees paid to non-working directors and the salaries of non-working officers;

(2) bad debts;

(3) donations and contributions;

(4) fund-raising expenses;

(5) taxes, including:

(A) Federal income and excess profit taxes, including any interest or penalties paid;

(B) state or local income and excess profits taxes;

(D) taxes on property which is not used in providing covered services;

(E) taxes levied against any client and collected and remitted by the provider;

(F) self-employment taxes applicable to individual proprietors, partners, or members of a joint venture; and

(G) interest or penalties paid on federal and state payroll taxes;

(6) insurance premiums on lives of officers and owners;

(7) the imputed value of services rendered by non-paid workers and volunteers;

(8) utilization review;

(9) costs of social, fraternal, and other organizations which concern themselves with activities unrelated to their members' professional or business activities;

(10) oxygen;

(11) vending machine and related supplies;

(12) board of director costs;

(13) client personal purchases;

(14) barber and beauty shop expenses;

(15) advertising for client utilization;

(16) public relations expenses;

(17) penalties, fines, and late charges;

(18) items or services provided only to non-medicaid/medikan clients and reimbursed from third party payors;

(19) automobiles and related accessories in excess of $25,000.00. Buses and vans for client transportation shall be reviewed for reasonableness and may exceed $25,000.00 in costs;

(20) airplanes and associated expenses;

(21) costs of legal fees incurred in actions brought against the agency;

(22) aggregate costs incurred in excess of historical or projected costs plus allowed inflation, without prior authorization of the agency; and

(23) costs incurred through providing service to a bed made available through involuntary discharge of a client as determined by the Kansas department of health and environment without prior authorization of the agency.

(b) The following contract costs under the day habilitation program shall not be allowed:

(1) Client salaries and FICA match;

(2) any material costs, including sub-contracts;

(3) any costs related to securing contracts; and

(4) 50 percent of the cost of the following items:

(A) Cost of equipment lease;

(B) maintenance of equipment;

(D) depreciation of production equipment.

(c) Private ICFs/MR shall not be reimbursed for services provided to individuals admitted on or after the effective date of this regulation unless the community developmental disability organization (CDDO) assigned by the agency first determines such persons meet eligibility requirements established by the agency and the ICF/MR placement is consistent with the preferred lifestyle of the person as specified by the person or the person's guardian, if one has been appointed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991; amended May 10, 1996.)

Kan. Admin. Regs. § 30-10-219 ICF-MR costs allowed with limitations

(a) The following expenses or costs shall be allowed with limitations:

(1) Loan acquisition fees and standby fees shall be amortized over the life of the related loan if the loan is related to client care.

(2) Only the taxes specified below shall be allowed as amortized costs.

(A) Taxes in connection with financing, re-financing, or re-funding operations; and

(B) special assessments on land for capital improvements over the estimated useful life of those improvements.

(3) Purchase discounts, allowances, and refunds shall be deducted from the cost of the items purchased. Refunds of prior year expense payments shall also be deducted from the related expenses.

(4) Any start-up cost of a provider shall be recognized if it is:

(A) Incurred prior to the opening of the facility and related to developing the ability to care for clients;

(B) amortized over a period of not less than 60 months;

(C) consistent with the facility's federal income tax return, and internal and external financial reports with the exception of (B) above; and

(D) identified in the cost report as a start-up cost which may include:

(i) Administrative salaries limited to three months prior to licensing;

(ii) employee salaries limited to one month prior to licensing;

(iii) utilities;

(iv) taxes;

(v) insurance;

(vi) mortgage interest;

(vii) employee training costs; and

(viii) any other allowable costs incidental to the start-up of the facility as prior approved by the agency.

(5) Any cost which can properly be identified as organization expenses or can be capitalized as construction expenses shall be appropriately classified and excluded from start-up cost.

(6) Organization and other corporate costs, as defined in K.A.R. 30-10-200, of a provider that is newly organized shall be amortized over a period of not less than 60 months beginning with the date of organization.

(7) Membership dues and costs incurred as a result of membership in professional, technical, or business-related organizations shall be allowable. However, similar expenses set forth in paragraph (a)(9) of K.A.R. 30-10-218 shall not be allowable.

(8) (A) Costs associated with services, facilities, and supplies furnished to the ICF-MR by related parties, as defined in K.A.R. 30-10-200, shall be included in the allowable cost of the facility at the actual cost to the related party, except that the allowable cost to the ICF-MR provider shall not exceed the lower of the actual cost or the market price.

(B) When a provider chooses to pay an amount in excess of the market price for supplies or services, the agency shall use the market price to determine the allowable cost under the medicaid/ medikan program in the absence of a clear justification for the premium.

(9) The net cost of approved staff educational activities shall be an allowable cost. The net cost of "orientation" and "on-the-job training" shall not be within the scope of approved educational activities, but shall be recognized as normal operating costs.

(10) Client-related transportation costs shall include only reasonable costs that are directly related to client care and substantiated by detailed, contemporaneous expense and mileage records. Transportation costs only remotely related to client care shall not be allowable. Estimates shall not be acceptable.

(11) Lease payments. Lease payments shall be reported in accordance with the financial account statements of the Financial Accounting Standards Board.

(12) The actual cost of airplanes and associated expenses are not allowed. However, the provider may charge the equivalent distance of automobile mileage at the IRS allowable rate. The effective date of this regulation shall be April 1, 1992.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991; amended April 1, 1992.)

Kan. Admin. Regs. § 30-10-220 ICF-MR revenues

(b) The non-reimbursable cost of goods and services provided to clients shall be deducted from the related expense item. The net expense shall not be less than zero.

(c) Revenue received for a service that is not related to client care shall be used to offset the cost of providing that service provided that excess revenue received for such service shall be distributed to the entire agency based on generally accepted accounting principles. The cost report line item which includes the non-client related costs shall not be less than zero. Miscellaneous revenue with insufficient explanation in the cost report shall be offset.

(d) Expense recoveries credited to expense accounts shall not be reclassified as revenue to increase the costs reported in order to qualify for a higher rate.

(e) Each ICF-MR provider with a day habilitation program shall not be required to deduct the income earned from the costs incurred on contracts. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-221 ICF-MR compensation of owners, spouses, related parties and administrators

(a) Non-working owners and related parties. Remunerations paid to non-working owners or other related parties, as defined in K.A.R. 30-10-200, shall not be considered an allowable cost regardless of the name assigned to the transfer or accrual or the type of provider entity making the payment. Each payment shall be separately identified and reported as owner compensation in the non-reimbursable and non-client related expense section of the cost report.

(b) Services related to client care.

(1) If owners with 5% or more ownership interest, spouses, or related parties actually perform a necessary function directly contributing to client care, a reasonable amount shall be allowed for such client care activity. The reasonable amount allowed shall be the lesser of:

(A) The reasonable cost that would have been incurred to pay a non-owner employee to perform the client-related services actually performed by owners or other related parties, limited by a schedule of salaries and wages based on the state civil service salary schedule in effect when the cost report is processed until the subsequent cost report is filed; or

(B) the amount of cash and other assets actually withdrawn by the owner, spouse, or related parties.

(2) The client-related functions shall be limited to those functions common to the industry and for which cost data is available which are normally performed by non-owner employees. The job titles for administrative and supervisory duties performed by an owner, spouse, or related party shall be limited to the work activities included in the schedule of the owner, spouse, or related party salary limitations.

(3) The salary limit shall also be pro-rated in accordance with subsection (c) of this regulation. In no case shall the limitation exceed the highest salary limit on the civil-service-based chart.

(4) The owner, spouse, or related party shall be professionally qualified for those functions performed which require licensure or certification.

(6) Any liabilities of the provider shall be paid in cash within 75 days after the end of the accounting period.

(c) Allocation of owner, spouse, or related party total work time for client-related functions. When any owner, spouse, or related party performs a client-related function for less than a full-time-equivalent work week, the compensation limit shall be pro-rated. The time spent on each function within a facility or within all facilities in which they have an ownership or management interest, shall be pro-rated separately by function, but shall not exceed 100% of that person's total work time. Time spent on other non-related business interests or work activities shall not be included in calculations of total work time.

(d) Reporting owner, spouse, or related party compensation on cost report. Owner, spouse, or related party compensation shall be reported on the owner compensation line in the appropriate cost center for the work activity involved. Any compensation paid to employees who have an ownership interest of 5% or more, including employees at the central office of a chain organization, shall be considered to be owner compensation. Providers with professionally qualified owner, spouse, or related party employees performing duties other than those for which they are professionally qualified shall report the cost for such duties in the administrative cost center.

(e) Owner-administrator compensation limitation.

(1) Reasonable limits shall be determined by the agency for owner-administrator compensation based upon the current civil service salary schedule.

(2) This limitation shall apply to the salaries of each administrator and co-administrator of that facility and to owner compensation reported in the administrative cost center of the cost report. This limitation shall apply to the salary of the administrator and co-administrator, regardless of whether they have any ownership interest in the business entity.

(3) Each salary in excess of the owner, spouse, or related party limitations determined in accordance with subsections (b) and (c) of this regulation shall be transferred to the owner compensation line in the administrative cost center and shall be subject to the owner-administrator compensation limitation.

(f) Management consultant fees. Fees for consulting services provided by the following professionally qualified people shall be considered owner's compensation subject to the owner-administrator compensation limit and shall be reported on the owner compensation line in the administrative cost center if the actual cost of the service is not submitted with the ICF-MR financial and statistical report:

(1) Related parties as defined in K.A.R. 30-10-200;

(2) current owners of the provider agreement and operators of the facility;

(3) current owners of the facility in a lessee-lessor relationship;

(4) management consulting firms owned and operated by former business associates of the current owners in this and other states;

(5) owners who sell and enter into management contracts with the new owner to operate the facility; and

(6) accountants, lawyers and other professional people who have common ownership interests in other facilities, in this or other states, with the owners of the facility from which the consulting fee is received.

(g) Costs not related to client care. An allowance shall not be made for costs related to investigation of investment opportunities, travel, entertainment, goodwill, administrative or managerial activities performed by owners or other related parties that are not directly related to client care. The effective date of this regulation shall be October 1, 1991.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 39-708c; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; amended Oct. 1, 1991.)

Kan. Admin. Regs. § 30-10-222 ICF-MR ownership reimbursement fee

(a) The agency shall determine an allowable cost for ownership.

(b) (1) The ownership allowance shall include an appropriate component for:

(A) Rent or lease expense;

(B) interest expense on real estate mortgage;

(D) depreciation on buildings and equipment.

(2) The ownership allowance shall be subject to a facility maximum.

(A) Identifiable and recorded in the provider's accounting records;

(B) based on the historical cost of the asset as established in this regulation; and

(2) (A) Appropriate recording of depreciation shall include identification of the depreciable assets in use, the assets' historical costs, the method of depreciation, the assets' estimated useful life, and the assets' accumulated depreciation.

(B) Gains and losses on the sale of depreciable personal property shall be reflected on the cost report at the time of such sale. Trading of depreciable property shall be recorded in accordance with the income tax method of accounting for the basis of property acquired. Under the income tax method, gains and losses arising from the trading of assets are not recognized in the year of trade but are used to adjust the basis of the newly acquired property.

(3) (A) Gains from the sale of depreciable assets while the provider participates in the medicaid/medikan program, or within one year after the provider terminates participation in the program, shall be used to reduce the allowable costs for each cost reporting period prior to the sale, subject to limitation. The total sale price shall be allocated to the individual assets sold on the basis of an appraisal by a qualified appraiser or on the ratio of the seller's cost basis of each asset to the total cost basis of the assets sold.

(B) The gain on the sale shall be defined as the excess of the sale price over the cost basis of the asset. The cost basis for personal property assets shall be the book value. The cost basis for real property assets sold or disposed of before July 18, 1984, shall be the lesser of the book value adjusted for inflation by a price index selected by the agency or an appraisal by an American institute of real estate appraiser or an appraiser approved by the agency. The cost basis for real property assets sold or disposed of after July 17, 1984 shall be the book value.

(C) The gain on the sale shall be multiplied by the ratio of depreciation charged while participating in the medicaid/medikan program to the total depreciation charged since the date of purchase or acquisition. The resulting product shall be used to reduce allowable cost.

(4) For depreciation purposes, the cost basis for a facility acquired after July 17, 1984 shall be the lesser of the acquisition cost to the holder of record on that date or the purchase price of the asset. The cost basis shall not include costs attributable to the negotiation or final purchase of the facility, including legal fees, accounting fees, travel costs and the cost of feasibility studies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991.)

Kan. Admin. Regs. § 30-10-223 ICF-MR interest expense

(a) Only necessary and proper interest on working capital indebtedness shall be an allowable cost.

(b) The interest expense shall be incurred on indebtedness established with:

(1) Lenders or lending organizations not related to the borrower; or

(2) partners, stockholders, home office organizations, or related parties, if the following conditions are met:

(A) The terms and conditions of payment of the loans shall resemble terms and conditions of an arms-length transaction by a prudent borrower with a recognized, local lending institution with the capability of entering into a transaction of the required magnitude.

(B) The provider shall demonstrate, to the satisfaction of the agency, a primary business purpose for the loan other than increasing the per diem rate.

(c) When the general fund of an ICF-MR "borrows" from a donor-restricted fund, this interest expense shall be an allowable cost if it is considered by the agency to be reasonable. In addition, if an ICF-MR operated by members of a religious order borrows from the order, interest paid to the order shall be an allowable cost.

(d) The interest expense shall be reduced by the investment income from restricted or unrestricted idle funds or funded reserve accounts, except when that income is from gifts and grants, whether restricted or unrestricted, which are held in a separate account and not commingled with other funds. Income from the provider's qualified pension fund shall not be used to reduce interest expense.

(e) Interest earned on restricted or unrestricted reserve accounts of industrial revenue bonds or sinking fund accounts shall be offset against interest expense and limited to the interest expense on the related debt.

(f) Loans made to finance that portion of the cost of acquisition of a facility that exceeds historical cost or the cost basis recognized for program purposes shall not be considered to be reasonably related to client care.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991.)

Kan. Admin. Regs. § 30-10-224 ICF-MR central office costs

(a) Allocation of central office costs shall be reasonable, conform to general accounting rules, and allowed only to the extent that the central office is providing a service normally available in the ICF-MR. Central office costs shall not be recognized or allowed to the extent they are unreasonably in excess of similar ICF's-MR in the program. The burden of furnishing sufficient evidence to establish a reasonable level of costs shall be on the provider. All expenses reported as central office cost shall be limited to the actual client-related costs of the central office.

(b) Expense limitations.

(1) Salaries of professionally qualified employees performing the duties for which they are professionally qualified shall be allocated to the room and board and health care cost centers as appropriate for the duties performed. Professionally qualified employees include licensed and registered nurses, dietitians, qualified mental retardation professionals, and other as may be designated by the secretary.

(2) Salaries of chief executives, corporate officers, department heads, and employees with ownership interests of 5% or more shall be considered owner's compensation and shall be reported as owner's compensation in the administrative cost center. Salaries of the chief executive officers of non-profit organizations shall also be considered owner's compensation and included in the administrative cost center.

(3) The salary of an owner or related party performing a client-related service for which such person is professionally qualified shall be included in the appropriate cost center for that service.

(4) Salaries of all other central office personnel performing client-related administrative functions shall be reported in the administrative cost center.

(5) All providers operating more than one facility shall complete and submit detailed schedules of all salaries and expenses incurred for each fiscal year. Failure to submit detailed central office expenses and allocation methods shall result in the cost report being considered incomplete. Methods for allocating all program costs to all facilities in this and other states shall be submitted for prior approval. Changes in these methods shall not be permitted without prior approval.

(6) A central office cost limit may be established by the agency within the overall administrative cost center limit.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991.)

Kan. Admin. Regs. § 30-10-225 ICF-MR client days

(a) Calculation of client days.

(1) Client day has the meaning set forth in K.A.R. 30-10-200.

(2) If both admission and discharge occur on the same day, that day shall be considered to be a day of admission and shall count as one client day.

(3) If the provider does not make refunds on behalf of a client for unused days in case of death or discharge, and if the bed is available and actually used by another client, these unused days shall not be counted as a client day.

(4) Any bed days paid for by the client, or any other party on behalf of the client, before an admission date shall not be counted as a client day.

(5) The total client days for the cost report period shall be precise and documented; an estimate of the days of care provided shall not be acceptable.

(6) In order to facilitate accurate and uniform reporting of client days, the accumulated method format set forth in forms prescribed by the secretary shall be used for all clients. These forms shall be submitted to the agency as supportive documentation for the client days shown on the cost report forms and shall be submitted at the time the cost report forms are submitted to the agency. Each provider shall keep these monthly records for each client, whether a medicaid/medikan recipient or a non-recipient. If a provider fails to keep accurate records of client days in accordance with the accumulated method format, the assumed occupancy rate shall be 100%.

(7) The provider shall report the total number of medicaid/medikan client days in addition to the total client days on the uniform cost report form.

(b) Any provider which has an occupancy rate of less than 90% for the cost report period shall calculate client days at a minimum occupancy of 90%.

(c) The minimum occupancy rate shall be determined by multiplying the total licensed bed days available by 90%. Therefore, in order to participate in the medicaid/medikan program, each ICF-MR provider shall obtain proper certification for all licensed beds.

(d) Respite care days shall be counted as client days and reported on the monthly census forms.

(e) Day care and day treatment shall be counted as one client day for 18 hours of service. The total hours of service provided for all clients during the cost reporting year shall be divided by 18 hours to convert to client days.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991.)

Kan. Admin. Regs. § 30-10-226 This rule and regulation shall expire on October 1, 1991

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, as amended by L. 1990, Chapter 152; effective, T-30-12-28-90, Dec. 28, 1990; effective March 4, 1991; revoked Oct. 1, 1991.)

Article 20 Security and Traffic Control for State Institutions Operated by Mental Health and Retardation Services

Kan. Admin. Regs. § 30-20-5 Badge

Security officers shall wear and publicly display a badge clearly identified with the words, "security policeman" and "SRS institution". The badge shall be worn only while on official duty. The badge shall remain the property of the institution and shall be turned in whenever an appointment as a security officer is terminated.

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History

History: (Authorized by and implementing K.S.A. 76-12a16; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-6 Law enforcement assistance

The superintendent on an institution may request appropriate law enforcement personnel to assist the security officers in the performance of their official duties as necessary.

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History

History: (Authorized by K.S.A. 76-12a07; implementing K.S.A. 76-12a16; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-7 Traffic and parking control

(a) The provisions of K.A.R. 30-20-8 through 30-20-19 shall apply to the operation of motor vehicles and bicycles upon state institution grounds except as set forth in paragraph (b) and shall be enforced at all times unless otherwise posted.

(b) Any regulation shall not apply if in conflict with city ordinances or state laws effective on state institution grounds.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12, 76-12a14; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-8 Superintendent responsibilities

(a) The superintendent of an institution shall adopt policies concerning speed limits, the routing of traffic movement, and parking on institution grounds. Regulatory, warning, and guide signs shall be posted as appropriate.

(b) Subject to the provisions of paragraphs (c) and (d), the superintendent of an institution may:

(1) Require the registration of motor vehicles regularly operated on institutional grounds;

(2) Require parking permits;

(3) Charge parking fees for the regular use of parking spaces; and

(4) Allocate specific parking spaces to employees or other individuals.

(d) Parking permits shall be valid for the current fiscal year subject to the permit holder terminating his or her connection with the institution.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12, 76-12a15; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-9 Rules of the road

The rules of the road set forth in chapter eight (8) of the Kansas statutes annotated (effective July 1, 1982) shall apply to state institution grounds unless otherwise posted or in conflict with other provisions of this article.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982; amended May 1, 1983.)

Kan. Admin. Regs. § 30-20-10 Maximum speed limit

The maximum speed limit shall be twenty-five miles per hour (25 mph) unless otherwise posted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-11 Buses

Buses shall have the right-of-way over other motor vehicles and bicycles except for emergency vehicles displaying the appropriate signals.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-12 Maintenance vehicles and equipment

Maintenance vehicles and equipment shall be exempt from the guide and parking provisions of this article if the exemption is necessary for maintenance purposes. If exempted, vehicles and equipment shall be operated and parked with a minimum of traffic obstruction or hazard. Proper warning and safety devices shall be used as appropriate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-13 Movement of heavy equipment

Heavy equipment may only be operated on state institution grounds if supervised by the institution's maintenance personnel or security officers.

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History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-14 Accidents, collisions, fire, or theft

Accidents, collisions, fires, or thefts involving motor vehicles or bicycles shall immediately be reported to the state institution's security office.

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History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-15 Prohibited acts

The following acts shall be prohibited and subject to fine: (a) Violation of any administrative regulation set forth in this article;

(b) Failure to follow any regulatory, warning, or guide sign;

(d) Double parking;

(e) Transporting of unauthorized firearms or other weapons, explosives, drugs, or alcohol upon state institution grounds; and

(f) Failure to follow directions of a security officer or other law enforcement official.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-16 Fines

Persons ticketed shall be subject to the following fines: (a) Non-moving violation not involving creation of a danger or hazard—ten dollars ($10);

(b) Non-moving violation involving creation of a danger or hazard—twenty dollars ($20);

(d) Failure to follow directions of a security officer or other law enforcement officer—thirty dollars ($30);

(e) Transporting of unauthorized fire arms or other weapons, explosives, drugs, or alcohol upon state institution grounds—one hundred dollars ($100);

(f) Failure to display a registration or parking permit if required—ten dollars ($10); and

(g) Other violations—ten dollars ($10).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 76-12a13; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-17 Review by superintendent

(a) Any person ticketed may request the superintendent to dismiss or amend a ticket within ten (10) days of its issuance.

(b) The superintendent or his or her designee shall conduct an informal review concerning the request within twenty (20) days of its receipt. A person ticketed shall be given an opportunity to be heard on the question, to put forth evidence, and to cross-examine the ticketing officer.

(c) The decision of the superintendent or his or her designee shall be in writing and shall set forth the underlying facts supporting its conclusions and shall be final.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 76-12a13; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-18 Failure to pay fine

(a) Any person failing to pay a fine within ten (10) days of being ticketed shall be prohibited from operating any motor vehicle or bicycle upon state institution grounds until the fine is paid. This provision shall not bar the institution from using other legal remedies to collect unpaid fines.

(b) If a person ticketed appeals the ticket pursuant to K.A.R. 30-20-17, the provisions of this regulation shall be stayed pending the outcome of the review.

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History

History: (Authorized by and implementing K.S.A. 76-12a13; effective May 1, 1982.)

Kan. Admin. Regs. § 30-20-19 Removal of vehicles, bicycles

Vehicles or bicycles may be removed from the institution's grounds if allowed to stand in violation of any regulation or if left in a position or condition to constitute a hazard to the safety of others. The cost of same shall be paid by the owner of the vehicle or bicycle.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a13; implementing K.S.A. 76-12a12; effective May 1, 1982.)

Article 22 Licensing of Psychiatric Hospitals; Funding of Community Mental Health Centers and Facilities for the Mentally Retarded and Facilities for Handicapped Persons

Kan. Admin. Regs. § 30-22-1 Scope

(a) These rules and regulations shall apply to the licensing of psychiatric hospitals as authorized by K.S.A. 75-3307b, as amended, and shall apply to the setting of standards, the inspection of such hospitals, and the withdrawal of licenses for cause.

(b) Terms used herein shall have the same meaning as defined in the "act for obtaining treatment for a mentally ill person," K.S.A. 59-2901 through 59-2941, as amended.

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History

History: (Authorized by and implementing K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Feb. 15, 1977; amended May 1, 1979; amended Oct. 28, 1991.)

Kan. Admin. Regs. § 30-22-2 Principles to be considered in approval of application for licensing, renewal of license, or revoking of license

The following principles shall be considered in the inspection of the applying psychiatric hospital: (a) The quality of the services offered by the applying agency is determined by professional standards, and the selection of the services as to kind and extent can only be determined by the governing authority usually based upon the will of the community, the nature of the community problems, and the depth of community resources (acting together with the professional considerations).

(b) The applying agency shall be a growing, developing, social organization with different stages of differentiation and versatility dependent upon the specific local internal and community forces acting at a given point in time.

(c) Services of the applying agency may be offered to the mentally ill, the mentally retarded, persons under specific or unusual stress, or handicapped persons. Services may include those listed below offered either in an inpatient, residential setting, or an outpatient, neighborhood, or home setting.

(1) Diagnosis, evaluation, treatment, and restoration of mentally disordered or handicapped persons to an optimal level of functioning.

(2) Day care, training, education, sheltered employment necessary to improve an individual's maximum abilities leading toward total rehabilitation.

(3) Consultative and educational services to schools, courts, health and welfare and social agencies, both public and private.

(4) Training for students entering the mental health and retardation professions and continuing inservice training of mental health and retardation professionals and adjunctive personnel.

(5) Recruitment, training, and supervision of volunteer workers in the mental health related activities of the community.

(6) Informational activities directed toward the general population.

(7) Research.

(8) Interventions in society purposely directed to reduce stresses to the individual or to the community as a whole, which stresses contribute to the incidence of mental illness or mental retardation.

(9) Client information and referral, counseling, follow along, protective and other social and socio-legal services, transportation, residential and transitional centers, and recreation services, all geared toward the handicapped individuals, their families and the general public.

(d) The applying agency shall acknowledge the dignity and protect the rights of all persons within its authority to direct or regulate both personnel and clientele.

(e) The applying agency shall have an ethical and competent staff, and the recruitment practices shall provide measures to insure the hiring of personnel with these characteristics.

(f) The applying agency shall make provisions to cooperate with other community agencies within the scope of its resources and the skills of its personnel, and within its capacities to respond to the community needs.

(g) The applying agency shall keep accurate, current, and adequate client and administrative records, and shall submit reports derived from such records as required by the licensing agency to carry out these licensing procedures.

(h) The applying agency shall have written policies and procedures covering operation of the agency, including a written policy on how the agency is related to the statewide mental health planning effort.

(i) The applying agency shall provide a physical plant which is a safe and wholesome environment fit to enhance the program.

(j) The applying agency shall plan the program and physical plant to be accessible to clientele in point of view of time, location, and transportation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended Feb. 15, 1977; amended May 1, 1979; amended Oct. 28, 1991.)

Kan. Admin. Regs. § 30-22-3 Standards related to program, organization, and personnel

The standards maintained by the applying agency should conform with those considered reasonable and current in the community served by that agency. Also, separate segments of the program must be evaluated not only in terms of its own intrinsic value to the community but also in terms of its relationship to the total program of that agency. The standards maintained by the applying agency should be reflected in its basic documents, including its articles of incorporation or constitutions, its by-laws, its recorded minutes of regularly scheduled meetings, and its written description of personnel practices. The following guidelines will be followed by the licensing agency in its inspection of the applying agency: (a) The applying agency must specify in writing the services it offers and the manner in which these are routinely accomplished.

(b) The applying agency must make provision for appropriate coordination, communication and collaboration among all personnel.

(c) The governing board must assume the legal and moral responsibility for the conduct of the applying agency. It must place the responsibility for the services offered upon the appropriate specialist, must assume the responsibility that the personnel meet ethical, educational, and training standards commensurate with duties, and must provide a merit system for the protection and benefit of the personnel.

(d) The governing board must assume the responsibility to insure that those functions of the agency that are, properly speaking, medical concerns (such as the diagnosis and treatment of mental and physical disorders, the prescribing of medications, etc.) are the responsibility of licensed physicians or under the supervision of a licensed physician.

(e) In the event the applying agency maintains a psychiatric service, the service shall not be considered complete unless supervised by a recognized, qualified psychiatrist.

(f) In the event the applying agency maintains a psychological service, the service shall not be considered complete unless supervised by a recognized, qualified psychologist.

(g) In the event the applying agency maintains a social work service, the service shall not be considered complete unless supervised by a recognized, qualified social worker.

(h) In the event the applying agency maintains a nursing service, the service shall not be considered complete unless supervised by a recognized, qualified registered nurse.

(i) Any individual reporting to act in a professional capacity must meet the standards for that profession accepted by the division of mental health and retardation services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended May 1, 1975.)

Kan. Admin. Regs. § 30-22-3a Private psychiatric hospitals; additional organizational standards

Each hospital shall: (a) Have a governing body that has overall responsibility for the operation of the hospital;

(b) have a chief executive officer appointed by its governing body who shall be responsible for the overall administration of the hospital;

(c) have a single, organized professional staff that has the overall responsibility for the quality of all clinical care provided to patients and for the professional practices of its members, as well as for accounting therefor to the governing body. The manner in which the professional staff is organized shall be consistent with the hospital's documented staff organization and bylaws, policies, and the setting in which the services are provided. The professional staff bylaws, rules and regulations shall require, unless otherwise provided by law, that a licensed physician be responsible for diagnosis and all medical care and treatment. The organization of the professional staff, and its bylaws, rules and regulations, shall be approved by the governing body;

(d) prepare a written, annual budget which includes a statement of expected revenues and expenses and an integrated statement of the hospital's progress plan;

(e) have personnel policies which promote its objectives and provide qualified personnel during all hours of operation in numbers which are adequate to support the functions of the hospital and to provide quality care;

(f) provide staff development programs for administrative, professional, and support staff; and

(g) make library services available to meet the professional and technical needs of the facility's staff.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b, effective May 1, 1985.)

Kan. Admin. Regs. § 30-22-3b Private psychiatric hospitals; additional program standards

Each hospital shall: (a) Formulate and specify its goals and objectives and describe its programs (including volunteer services, if any) in a written plan for professional services. The plan shall be written in such a manner that the hospital's performance can be measured;

(b) have a written statement of goals and objectives for each program and each patient population served;

(d) exhibit evidence of a well-defined, organized program designed to enhance patient care through ongoing, objective assessment of important aspects of patient care and correction of identified problems; and

(e) if conducting research with human subjects, have written policies which assure that a rigorous review is conducted with regard to the merits of each research project and the potential effects of the research procedures on the participants.

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History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1985.)

Kan. Admin. Regs. § 30-22-3c Private psychiatric hospitals; additional treatment standards

Each hospital shall: (a) Maintain a written record for each patient;

(b) have a written plan designed to assure that the treatment planned and provided for each patient is evaluated and revised according to the needs of the patient;

(1) The information to be obtained for each applicant or referral for admission;

(2) the procedures for accepting referrals from outside agencies and organizations;

(3) the records to be kept regarding each applicant;

(4) the statistical data to be kept on the intake process; and

(5) the procedures to be followed when an applicant or a referral is found to be ineligible for admission;

(d) conduct a complete assessment of each patient, including a clinical consideration of the patient's needs;

(e) develop a written, individualized treatment plan for each patient. The plan shall be based on an assessment of such patient's clinical needs;

(f) require special, written justification prior to the implementation of the following treatment procedures:

(1) The use of restraints;

(2) the use of seclusion;

(3) the use of electroconvulsive therapy and other forms of convulsive therapy; and

(4) the performance of psychosurgery or other surgical procedures for intervention in or alteration of a mental, emotional, or behavioral disorder; and

(g) assess and treat the dental needs of its patients.

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History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1985.)

Kan. Admin. Regs. § 30-22-3d Private psychiatric hospitals; additional services

(a) Each hospital shall provide the following services except as noted:

(1) Dietetic services, if a hospital provides 24-hour care, has therapeutic goals related to the nutritional needs of patients, or has patients otherwise requiring such services;

(2) pastoral services, in accordance with the needs of its patients;

(3) pathology and laboratory services, in accordance with the needs of the patients, the size of the facility, the services offered, and the resources available in the community;

(4) pharmaceutical services provided by the hospital or by agreement; and

(5) radiology services provided by the hospital or by agreement.

(b) In addition to the services listed in subsection (a), inpatient, residential and partial-day facilities shall directly provide or make arrangements for the following services:

(1) Activity services to meet the physical, social, cultural, recreational, health maintenance, and rehabilitation needs of patients;

(2) educational services to meet patient needs for special education, patient needs related to learning difficulties resulting from either physical or emotional aspects of their mental illness, and patient needs for pre-vocational or vocational education necessary for re-integration into the community after treatment;

(3) speech-language, and hearing services to provide assessments of speech, language, or hearing when indicated and to provide counseling, treatment, and rehabilitation when needed; and

(4) counseling services concerning specific vocational needs.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1985.)

Kan. Admin. Regs. § 30-22-4 Standards related to physical plant

The applying agency shall provide a physical plant which is a safe and wholesome environment fit to enhance the program. With particular programs directed to special groups of the emotionally or mentally handicapped much attention may have to be expended on the environmental atmosphere and appearance to make the milieu stimulating or calming, diverting or focusing, informal or formal as the care and treatment program demands. To this end, the plant shall have differentiated rooms and spaces appropriate to the programs being offered. However the physical plant shall meet all local building and fire codes and also state requirements for use by physically handicapped persons where appropriate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended May 1, 1975.)

Kan. Admin. Regs. § 30-22-4a Private psychiatric hospitals; additional environmental management standards

(a) Each building in which patients receive treatment or in which patients are housed overnight shall be designed, constructed, and equipped to reasonably protect patients, staff, and visitors from the hazards of fire, explosion, and panic.

(b) Each hospital shall:

(1) Establish a safety committee that includes representatives from all major services;

(2) establish an environment that enhances the positive self-image of patients and preserves their human dignity;

(3) develop written policies and procedures for maintaining a clean and safe environment;

(4) develop an infection-control program; and

(5) develop written policies and procedures for the handling, maintenance, and use of sterile supplies and equipment if such supplies and equipment are used by the hospital.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1985.)

Kan. Admin. Regs. § 30-22-5 Licensing of private psychiatric hospitals

Private in-patient facilities for the treatment of psychiatric patients exclusively may be licensed to offer services to the full range of psychiatric patients or to some sub-groups of psychiatric patients with mental health problems in addition to alcoholism, drug addictions, developmental disabilities or similar conditions. In the event that a hospital service is offered to a limited clientele only, the license application shall so state and the license issued shall designate the limitation of service authorized by the state department of social and rehabilitation services. The responsibility for licensing psychiatric wards of general hospitals rests with the Kansas state department of health and environment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended Feb. 15, 1977; amended May 1, 1979; amended Oct. 28, 1991.)

Kan. Admin. Regs. § 30-22-6 Licensing procedure; duration and renewal of license

(a) Each application for a license shall be submitted to the director of the division of mental health and retardation services on a form provided by the department.

(b) The division shall process the application, inspect the applying agency, and prepare a report to the director. The director shall review the report and recommend approval or disapproval of the application within 60 days of filing.

(c) Upon approval of the application, a license shall be issued by the department of social and rehabilitation services, stating the activity or activities for which the applicant receives the license.

(d) A license shall remain in effect for the period of two years, unless revoked for cause.

(e) Application for renewal of a license shall be submitted to the director of the division of mental health and retardation services 45 days before expiration of the license. This provision may be waived by the director upon a showing of good cause by the agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended May 1, 1979; amended Oct. 28, 1991.)

Kan. Admin. Regs. § 30-22-7 Revocation of license

A license may be suspended or revoked at any time that the department of social and rehabilitation services finds that the licensed agency has failed to comply with these regulations or applicable statutes. Prior to suspension or revocation of an agency's license, the division of mental health and retardation services shall send to the agency a written notification of the proposed suspension or revocation and the reasons therefor. The notice shall state whether the agency's license has been suspended pending further proceedings. Such notice shall further advise the agency that the agency may appear before the division at a specified time not less than five (5) nor more than fifteen (15) days from the date the notice is mailed to or served upon such agency and present any relevent evidence and be given an opportunity to be heard on the agency's continuing eligibility to be licensed. The division shall consider all evidence presented, including that of the agency. If the decision is to suspend or revoke the agency's license as herein provided, the division shall issue a written order of suspension or revocation setting forth the effective date of such suspension or revocation and the basic underlying facts supporting the order.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended May 1, 1979.)

Kan. Admin. Regs. § 30-22-8 Compliance with civil rights legislation

Each agency licensed or applying for license by the department of social and rehabilitation services shall comply with the Kansas act against discrimination.

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History

History: (Authorized by K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended May 1, 1979.)

Kan. Admin. Regs. § 30-22-9 Provisional license

A provisional license to begin operations or continue operations may be issued to an agency meeting most but not all of the requirements, provided the governing board of the agency presents evidence that any deficiency is temporary and provided said governing board presents sufficient evidence that efforts to correct the deficiency are in progress.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971.)

Kan. Admin. Regs. § 30-22-30 Application for state financing of community mental health centers

(a) Community mental health centers may apply for state financing under L. 1987, Ch. 249, Sections 1 through 12 by submitting an annual budget request to the secretary of social and rehabilitation services.

(b) Budget requests shall be submitted to the secretary by July 1 of each year unless a delay is granted in writing.

(d) When an existing program is adequately serving a geographic area, a duplicate program shall not be requested in the budget of a center. Reasonable efforts shall be made to make the existing service available to all citizens in the area through contractual agreement with the provider of the existing service, if necessary.

(e) When a new program is to be implemented by a center, the center must notify the secretary 45 days in advance of program initiation in order to receive approval as a non-duplicate program in the center catchment area. In determining whether a new program duplicates an existing program, the secretary shall consider pre-existing programs in the center catchment area and the availability of the pre-existing programs to all groups of catchment area citizens.

(f) As soon as state appropriation bills are signed into law, the amount available for each center that has submitted a budget shall be determined by the secretary. The amount shall be equal to the amount that the center's average grant would have been under the Kansas community mental health assistance act for the fiscal years ending on June 30, 1986, June 30, 1987, and June 30, 1988, if such act had not been repealed and if appropriations for the fiscal year ending June 30, 1988 to finance grants under such act had remained constant from the previous fiscal year plus each mental health center's pro rata share of any increase in moneys, including any inflation adjustments, appropriated for such purpose. The amounts so determined shall be paid to the centers in four payments on July 1, October 1, January 1 and April 1.

(g) Each center shall submit a quarterly report within 30 working days after the end of each calendar quarter. The report shall be on forms and in such detail as prescribed by the secretary.

(h) Each center shall file a copy of its annual audit report that has been certified by an independent auditor.

(i) Underpayments, overpayments or payments exceeding the maximum allowed by statute shall be subtracted from or added to the payment made on April 1.

(j) The secretary may withdraw funds from any center for one or more of the following reasons:

(1) not being substantially administered according to the annual budget;

(2) loss of license granted in accordance with the provisions of K.S.A. 75-3307b and amendments thereto; or

(3) net loss in a new program which did not receive approval by the secretary and which is found to be a duplicate program within the center catchment area. The secretary shall verify the amount of income and disbursements related to such programs in determining any net loss with audits conducted by auditors of the department of social and rehabilitation services. The amount withdrawn will be equal to the net loss of the program determined after each 12 months of operation.

(k) The secretary may withhold payments from a center or facility for one or more of the following reasons:

(1) Failure to submit required reports;

(2) unreasonable delay in the submission of required reports; or

(3) other good cause.

(l) Quarterly payments described in subsection (e) shall be made to a new or realigned community mental health center catchment area only after each new or realigned catchment area has been approved in accordance with K.A.R. 30-22-13 and 30-22-14. The financial plan required in K.A.R. 30-22-13(c)(6) shall include a new or revised budget as required in subsection (c).

(m) Special purpose grants may be awarded by the secretary if appropriated by the legislature for that purpose. The secretary shall consider legislative intent and identified local needs in awarding such grants.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by L. 1987, Ch. 249, Sec. 12; implementing L. 1987, Ch. 249, Sections 1 through 11; effective May 1, 1987; amended, T-88-42, Oct. 27, 1987; amended May 1, 1988.)

Kan. Admin. Regs. § 30-22-31 Definitions

The following definitions apply to K.A.R. 30-22-32. (a) "State hold harmless level" means the amount appropriated for state fiscal year 1986 under the provisions of K.S.A. 1988 Supp. 65-4411 et. seq., and is comprised of the aggregate of each eligible center's hold harmless level.

(b) "Center's hold harmless level" means the amount a center earned in state fiscal year 1986 under the provisions of K.S.A. 1988 Supp. 65-4411 et. seq.

(c) "Part day" means any adult day activity or vocational programming service that requires at least 1.5 but no more than 3.0 hours of direct contact between a center's staff and its client.

(d) "Full day" means any adult day activity or vocational programming service that requires in excess of 3.0 hours of direct contact between a center's staff and its client.

(e) "Individual habilitation plan (IHP)" means a plan, in written form, which:

(1) Describes a specific strategy for treatment/ habilitation developed and agreed upon by team members and the client or a legal representative; and

(2) includes information regarding assessment, goals and objectives, time lines, program strategies and interventions, monitoring, review and documentation procedures.

(f) "Full-day equivalency" means two part-day activity or vocational program units or one full-day activity or vocational program unit.

(g) "Per diem rate" means an amount per program unit that shall be paid to community mental retardation centers for serving mentally retarded, or otherwise developmentally disabled clients.

(h) "Program unit" means either a full-day equivalency in a day program defined in subsections (i) through (n), or placement in community living defined in subsections (o) and (p). No more than two units can be generated for one client on a given day, regardless of the level of disability of the client and the length or intensity of the program provided.

(i) "Adult day care" means programs for elderly or disabled adults to:

(1) Prevent institutionalization or re-institutionalization;

(2) allow individuals to remain in their own home or the least restrictive environment;

(3) protect against abuse, neglect, and exploitation; and

(4) enable family members to obtain or remain in employment.

(j) "Adult life skills training" means programs that provide training in life skills, personal social adjustment and work attitude and skills exploration to improve, maintain functions, or reduce regression of disabled individuals with very limited personal, social, and pre-vocational skills.

(k) "Work activity" means programs that provide long-term instruction and supervision to assist disabled individuals, demonstrating pre-vocational skills, in maximizing vocational abilities.

(l) "Work adjustment" means programs that assist disabled persons, who demonstrate basic work skills, to develop or refine critical work behaviors within a short period of time. These services shall improve the disabled person's prospect of obtaining employment.

(m) "Occupational skills training" means programs that assist disabled persons, who demonstrate a potential to benefit from skill training, to acquire occupational skills needed to perform jobs in competitive employment.

(n) "Supported employment" means programs that provide competitive community employment with emphasis on structural job placement or on-the-job training for as long as is necessary and provides follow-up services that assure continued employment.

(o) "Group living" means residential programs that improve life skills, personal and social adjustment of disabled individuals, needing daily nonmedical residential supervision and support, to enable them to become more self-sufficient in the community.

(p) "Semi-independent living" means residential programs that enable disabled individuals, requiring less than daily supervision or training, to remain and function in the community with minimal supervision or training.

(q) "Waiting lists" means a single listing of all persons who have, through an admissions screening process, been found appropriate for and in need of programming that the licensed community mental retardation center should provide for persons with similar disabilities. The effective date of this regulation shall be January 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1988 Supp. 65-4411 to 65-4415; effective May 1, 1987; amended Jan. 1, 1990.)

Kan. Admin. Regs. § 30-22-32 Application for state financing of community mental retardation centers under the community mental retardation centers assistance act

Recognized community mental retardation centers may apply for state financing by submitting a report to the secretary of social and rehabilitation services (SRS) which indicates the number of program units generated by eligible clients actively enrolled in the center or contracted affiliates on December 31st of each year. (a) Client eligibility. A client shall be eligible and shall generate program units for a center if the client meets the following conditions:

(1) Is mentally retarded, or otherwise developmentally disabled;

(2) is 18 years of age or older;

(3) has an individual habilitation plan (IHP) acceptable by the SRS area office;

(4) is not being supported in whole or in part by a special grant from SRS to support clients transferred from a state hospital or training center, private ICF/MR, or from community waiting lists;

(5) is accepted for a program by the facility on a "first-come, first-serve basis in order of the time at which an application for admission was made to such facility on behalf of the client, except that a client accepted for a program by a facility on other than a first-come, first-serve basis because of a family crisis occasioned by family circumstances shall constitute a full-time equivalent client." A family crisis occasioned by family circumstances shall be considered on an individual basis. Standards and guidelines shall be established by each agency board of directors and shall upon request of the secretary be made available for review by the secretary. The standards and guidelines established by the agency board of directors shall specify to the extent known the types of family crises most likely to necessitate admission to a facility and shall establish criteria for determining the appropriateness of such admission. Standards and guidelines for defining family crises shall specify family situations which make it impossible or extremely difficult for the family unit to provide or continue provision of that care and programming which the client needs based on the client's current behavior, functioning and medical needs. Age, health, transportation and financial capabilities of responsible family members, as well as client needs, shall be valid considerations in determining crises situations;

(6) is not being funded in a certified ICF/MR operated by the center; and

(7) is served by a recognized community mental retardation center or contracted affiliate.

(b) Program eligibility. The following programs as defined in K.A.R. 30-22-31 shall be eligible for generating state financing when provided to an eligible client:

(1) Adult day care;

(2) adult life skills;

(3) work activity;

(4) work adjustment;

(5) occupational skills training;

(6) supported employment;

(7) group living; and

(8) semi-independent living.

The center shall be restricted to programs (1) through (8) in computing program units, but shall not be restricted to programs (1) through (8) in expending the grant funds they receive.

(c) Contracts between community mental retardation centers and other providers. Contracts between community mental retardation centers and other providers shall define an unmet program need, and shall be subject to the approval of the secretary of SRS before any state grants shall be awarded.

(d) Per diem calculations. A per diem will be calculated using the following method:

(1) By June 1 of each year, the amount of grant which is held harmless ($5,216,286) will be subtracted from the total amount of the grant appropriated for the fiscal year beginning July 1.

(2) The resulting amount will be divided by the total number of program units reported by all of the centers for December 31st of the previous year.

(e) Center awards. The per diem will be multiplied by the total number of program units for each center. This amount will be added to the hold harmless grant for each center. The sum of these amounts will constitute the total grant award to be made to each center for the following fiscal year.

(f) Hold harmless distribution. There are established two mechanisms for distributing the state appropriation subject to the hold harmless levels defined in K.A.R. 30-22-31.

(1) If in the event an appropriation meets or exceeds the state's hold harmless level, the grant for a center will be determined by subsection (e).

(2) If in the event the appropriation is less than the state's hold harmless level, then each center shall receive a grant award that is prorated based upon the percentage that each center's hold harmless level comprises the state's hold harmless level.

(g) Annual and quarterly reports. Each center and affiliate shall submit an annual report within 120 working days after the end of the state fiscal year. The center and affiliate shall also submit quarterly reports within 45 days after the close of the quarter. The annual and quarterly reports shall:

(1) Be on forms and in such detail as prescribed by the secretary;

(2) describe by program their income, expenditures, clients and program units; and

(3) include the number and names of clients on their waiting lists.

(h) Annual audit reports. Each center shall file a copy of its annual audit report certified by an independent auditor to social and rehabilitation services, mental health and retardation services.

(i) Audits. Program units reported on the state grant application shall be verified by auditors of the department of social and rehabilitation services.

(j) Underpayments or overpayments. Underpayments or overpayments resulting from audit reports or corrections to prior quarterly reports, shall be subtracted from or added to the payments made on October 1 and April 1.

(k) Withdrawal of funds. Funds may be withdrawn from any center that:

(1) Does not maintain eligibility;

(2) is not being substantially administered according to the grant application, including providing fewer than 95% of the number of program units upon which the center's grant was awarded. In the event a center provides fewer than 95% of the number of program units in the center's grant award, the secretary may calculate the amount to be withdrawn according to the per diem rate multiplied by the number of program units short of the grant award.

(l) Proration of withdrawn funds. If in the event the grant was reduced, withdrawn funds shall be prorated to the other centers according to the method described in subsection (e), and shall be distributed in the April 1 payment.

(m) Appeal of withdrawn funds. Centers may appeal to a review board any withdrawn funds if there are extenuating circumstances that caused them to provide fewer than 95% of the program units in their grant award. Extenuating circumstances include unforeseen changes in funding or client caseload, or unpredictable disasters. The review board shall be comprised of four individuals, two selected by the secretary and two selected by the Kansas association of rehabilitation facilities.

(n) Withholding of payments. The secretary may withhold payments from a center for one or more of the following reasons:

(1) Failure to submit required reports;

(2) unreasonable delay in the submission of required reports; or

(3) failure to enter into an affiliate agreement with a center in order to avoid duplication. The effective date of this regulation shall be January 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1988 Supp. 65-4411, 65-4412, 65-4413, 65-4414, 65-4415; effective May 1, 1987; amended May 1, 1988; amended Jan. 1, 1990.)

Kan. Admin. Regs. § 30-22-33 Special purpose grants to community mental retardation centers

(a) Community mental retardation centers may receive special purpose grants from the secretary of social and rehabilitation services or the secretary's designee. These grants are for the purpose of expanding the availability of non-institutional services for persons with mental retardation/developmental disabilities. These grants are distinct from the state financing provided under provisions of K.A.R. 30-22-32.

(b) Grants subject to appropriations. The total funds disbursed by the secretary in accordance with these regulations shall not exceed the amount appropriated.

(c) General eligibility for grants. Only community mental retardation centers having been established pursuant to K.S.A. 19-4001 to 19-4015 inclusive, or agencies with affiliation agreements with these centers that have been approved by the secretary or the secretary's designee, and that have been licensed in accordance with the provisions of K.S.A. 75-3307b shall be eligible to receive special purpose grant funding. Providers that have not been established pursuant to K.S.A. 19-4001 to 19-4015, but have been licensed in accordance with the provisions of K.S.A. 65-501 instead of K.S.A. 75-3307b, may also receive special purpose grant funding if services offered by these providers allow the diversion or discharge of persons 18 years or less from state mental retardation hospitals.

(d) Application for funds. Eligible centers shall apply to the secretary or the secretary's designee to receive special purpose grant funding. Applications must be submitted in a manner prescribed by the secretary or the secretary's designee and must be submitted by the date and time specified by the secretary or the secretary's designee.

(e) Calculation of assistance. Centers may receive assistance on the basis of a written commitment by the center to provide eligible programs, as defined in K.A.R. 30-22-32, to eligible clients, as defined in K.A.R. 30-22-32. Eligible providers may receive assistance in accordance with the provisions of the mental health and retardation services commissioner's letter on supported family living.

(1) Funds may be awarded to centers on the basis of the number of eligible program units, as defined in K.A.R. 30-22-32, that are proposed to be provided by the center during the fiscal year for which the grant is awarded. For newly awarded grants, program units must be in addition to the number of total units provided during the preceding fiscal year. For continuation grants initially awarded in previous years, the number of program units may equal the number of units funded by the grant in the previous fiscal year. This unit number is in turn multiplied by the program unit per diem rates established by the secretary or the secretary's designee. For new grants, centers may receive start-up funds in addition to those awarded for provision of program units to allow purchase of necessary materials, supplies and equipment.

(2) If the appropriation is insufficient to fund the cumulative number of program units proposed to be provided by all eligible centers, eligible centers may receive funding on the basis of the percentage of the state's population included within the center's catchment area and the percentage of the statewide total number of program units not funded by the special purpose grants or medicaid that are provided by the respective center.

(3) If the center fails to provide the number of program units on which the grant award was based, the center will be required to return a prorated amount of special purpose grant funding to social and rehabilitation services.

(f) Grant agreement. Additional requirements not specified in regulation may be imposed upon the centers receiving special purpose grant funding. These requirements may be contained in a contractual agreement between the center and social and rehabilitation services. The effective date of this regulation shall be August 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-5321; effective Aug. 1, 1990.)

Article 23 Parsons State Hospital and Training Center, Winfield State Hospital and Training Center, Norton State Hospital and Kansas Neurological Institute (not in active use)

Kan. Admin. Regs. § 30-23-1 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-3 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a07; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; amended May 1, 1979; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-6 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-7 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-8 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-12a07, 76-17c02; implementing K.S.A. 76-12a06; effective Jan. 1, 1967; amended May 1, 1975; amended May 1, 1984; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-9 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-10 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-11 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-12 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-13 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 76-12a07, 76-17c02; effective Jan. 1, 1967; amended Jan. 1, 1970; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-14 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 75-3304, 76-1411, 76-1617, 76-17c02; effective Jan. 1, 1967; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-15 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 75-3304; effective Jan. 1, 1967; amended Jan. 1, 1969; amended Jan. 1, 1974; amended May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-23-17 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1974 Supp. 75-3304; effective May 1, 1975; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-25-2 Persons eligible for admission to a state youth center

Juveniles 13 years of age or older, who have been committed by a judge of a district court in this state to the custody of the secretary under the provisions of K.S.A. 1982 Supp. 38-1663, may be admitted to a state youth center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1982 Supp. 76-12a21; implementing K.S.A. 1982 Supp. 38-1663; effective May 1, 1976; amended May 1, 1983.)

Article 26 State Psychiatric Hospitals; Catchment Areas; Assistance to Counties; Patient Funds; and Medical Information

Kan. Admin. Regs. § 30-26-1a State hospital catchment areas

(a) Persons residing in the following counties authorized by a participating mental health center to seek voluntary admission to a state psychiatric hospital or ordered to be involuntarily admitted by a district court acting pursuant to K.S.A. 59-2945, et seq., shall be admitted to or committed to the Larned state hospital: Barber, Barton, Cheyenne, Clark, Comanche, Decatur, Dickinson, Edwards, Ellis, Ellsworth, Finney, Ford, Gove, Graham, Grant, Gray, Greeley, Hamilton, Harper, Harvey, Haskell, Hodgeman, Kearny, Kingman, Kiowa, Lane, Lincoln, Logan, Marion, McPherson, Meade, Morton, Ness, Norton, Osborne, Ottawa, Pawnee, Phillips, Pratt, Rawlins, Reno, Rice, Rooks, Rush, Russell, Saline, Scott, Seward, Sheridan, Smith, Sherman, Stafford, Stanton, Stevens, Sumner, Thomas, Trego, Wallace, and Wichita.

(b) Persons residing in the following counties authorized by a participating mental health center to seek voluntary admission to a state psychiatric hospital or cordered to be involuntarily admitted by a district court acting pursuant to K.S.A. 59-2945, et seq., shall be admitted to or committed to either the Osawatomie state hospital or the Rainbow mental health facility as designated by the participating mental health center authorizing the admission: Allen, Anderson, Atchison, Bourbon, Brown, Butler, Chase, Chautauqua, Cherokee, Clay, Cloud, Coffey, Cowley, Crawford, Doniphan, Douglas, Elk, Franklin, Geary, Greenwood, Jackson, Jefferson, Jewell, Johnson, Labette, Leavenworth, Linn, Lyon, Marshall, Miami, Mitchell, Montgomery, Morris, Nemaha, Neosho, Osage, Pottawatomie, Republic, Riley, Sedgwick, Shawnee, Wabaunsee, Washington, Wilson, Woodson, and Wyandotte.

(c) The state security hospital at Larned shall admit persons from all counties as ordered committed there, pursuant to K.S.A. 22-3302, 22-3303, 22-3428, 22-3428a, 22-3428b, 22-3429, or 22-3430.

(d)(1) Persons ordered committed to a state psychiatric hospital other than the state security hospital at Larned pursuant to K.S.A. 22-3302, 22-3303, 22-3428, 22-3428a, 22-3428b, 22-3429, 22-3430, or 38-1655 shall be admitted to the Larned state hospital if the person's county of residence is a county listed in subsection (a), or to the Osawatomie state hospital if the person's county of residence is a county listed in subsection (b).

(2) If the county of residence of the person ordered committed under paragraph (d)(1) cannot be reasonably determined, then that person shall be admitted to the Larned state hospital if the court committing that person is the court for a county listed in subsection (a), or to the Osawatomie state hospital if the court committing that person is the court for a county listed in subsection (b).

(e) Persons proposed to be committed by a court to a state psychiatric hospital pursuant to K.S.A. 22-3219, 38-1623, 38-1637, 38-1638, 38-1662, 59-29a05, 59-29a07 or any other provisions of law not provided for in this regulation, shall be admitted to the hospital designated by the secretary as the secretary may determine is a suitable place to which the person may be committed and at which space is available.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3304 and 76-12a07; implementing K.S.A. 22-3219, 22-3302, 22-3303, 22-3428, 22-3428a, 22-3428b, 22-3429, 22-3430, 38-1623, 38-1637, 38-1638, 38-1655, 38-1662, 59-2968, 59-29a05, and 29a07; effective June 13, 1997.)

Kan. Admin. Regs. § 30-26-3 Payment for care and treatment

Payment for the maintenance, care and treatment of persons admitted to a state hospital, state hospital and training center or the Kansas neurological institute, shall be made in accordance with K.S.A. 1973 Supp. 59-2006 and K.S.A. 59-2006a or any other Kansas statute particularly pertaining to said hospitals or institutions. At the same hospitals and institutions the maximum rate to be charged for the evaluation, care and treatment of outpatients (any patient not admitted as an inpatient such as day-treatment, night-treatment, part-time treatment patients or patients in study units, or other special non-inpatient programs) shall be set by the state director of mental health and retardation services at a reasonable rate not in excess of the actual costs for the particular services being given. The director may delegate to the superintendent the authority to grant allowances which will reduce the amount to be paid by the patient. In granting allowances the superintendent may take into consideration the therapeutic or treatment value of the charge to the patient, the ability of the individual being charged to pay, as well as the actual costs to the state for the services being performed. On past due outpatient accounts which have not been collected in full and the hospital or institution superintendent responsible for the setting of the charge determines that the unpaid balance is then unreasonable or uncollectible the same may be modified or cancelled but may not be increased from the original amount.

The state hospitals or institutions shall make collections for maintenance, care and treatment, but the final determination as to a compromise on any claim due shall be by the legal division of the state department of social and rehabilitation services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 75-3304, 76-12a07, K.S.A. 76-170; effective Jan. 1, 1967; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 30-26-5 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 75-3304; effective Jan. 1, 1967; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-26-6 This rule and regulation shall be revoked on and after December 29, 1995

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 75-3304; effective Jan. 1, 1967; revoked Dec. 29, 1995.)

Kan. Admin. Regs. § 30-26-8 Assistance to counties in establishing outpatient mental health treatment center or clinic

The state director of mental health and retardation services shall have authority to assist communities in establishing outpatient mental health clinics or centers, following determination of need and the advisability of such facility, and the director may provide staff for the local clinics from the state mental hospitals to the extent he determines possible; such staffing to be on a temporary basis until the local clinic can secure permanent personnel.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 75-3303a; effective Jan. 1, 1967, amended Jan. 1, 1974.)

Kan. Admin. Regs. § 30-26-9 Establishment of patients' personal fund and patients' benefit fund

There is hereby established at each institution under the state department of social and rehabilitation services a patients' personal fund and a patients' benefit fund. The patients' personal fund shall be established pursuant to K.S.A. 1973 Supp. 76-163, chapter 371, Laws of Kansas, 1973, and any directives of the state department of social and rehabilitation services. The patients' benefit fund shall be established pursuant to directives of the state department of social and rehabilitation services and shall receive and handle all nonappropriated funds including profits from canteen funds and non-official enterprises or activities received by an institution or the state department of social and rehabilitation services for the general use and benefit of all patients or residents of an institution.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 75-3304, 76-163, 76-12a07; effective Jan. 1, 1967; amended Jan. 1, 1974.)

Kan. Admin. Regs. § 30-26-11 Definition of medical information

The term medical information as used in this regulation shall be considered to include but not limited to the following:

(1) Discharge summaries.

(2) Laboratory reports.

(3) X-ray reports.

(4) Diagnostic reports.

(5) Physical, psychiatric or psychological reports or general medical reports.

(6) Social histories.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 76-12a10; effective Jan. 1, 1974.)

Kan. Admin. Regs. § 30-26-12 Release without payment of fee

Medical information may be provided without a payment of fee to the following: Patient, former patient, or his next of kin; any concerned state agency; state or national accreditation agency; scholarly investigator; federal agencies; physicians and hospitals; railroad or other retirement agencies; school, colleges and universities, community mental health/retardation facilities; alcoholism or other special care facilities; adult or children's care homes; prospective employers of former patients; courts and attorneys in judicial proceedings involving admission or discharge of a patient, or former patient. Nothing in this regulation shall be deemed to authorize release of information, but shall pertain solely to the question of release without payment of fee. Information can be released only upon standard release forms signed by the proper person or as authorized by K.S.A. 1972 Supp. 59-2931.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1973 Supp. 76-12a10; effective Jan. 1, 1974.)

Kan. Admin. Regs. § 30-26-13 Release with payment of fee

After receipt of the standard release form signed by the proper person authorized to consent to the release of medical information, this information may be released to the requesting party upon the payment of any fee required to be charged pursuant to K.A.R. 30-2-12. A statement of the charges shall be sent and the remittance received prior to the sending of medical information. The statement of charges shall be sent on a standard billing form approved by the director of mental health and retardation services. Receipts shall be deposited as outlined in chapter 369, Laws of Kansas, 1973.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-5321, K.S.A. 1979 Supp. 45-204, 76-12a10; effective Jan. 1, 1974; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980.)

Article 27 Oil and Gas Leases on Institutional Properties

Kan. Admin. Regs. § 30-27-1 Determination of land to be leased for oil, gas, or other mineral purposes

The secretary will determine which lands under his control may be leased for the production of oil, gas, or other materials without undue interference upon any state institution or any purpose or function of the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 76-112 and 76-112d; effective, E-74-26, May 1, 1974; effective May 1, 1975.)

Kan. Admin. Regs. § 30-27-2 Bidders; notice; form of bids

Legal notice to bidders for lease of designated oil, gas and other mineral lands shall be advertised for not less than five weeks in the Kansas register and shall be published in the county where the land is situated. The secretary shall accept the highest and optimum bid from a responsible bidder and shall reserve the right to reject any and all bids and to readvertise. Separate sealed bids for each tract of land shall be prepared on forms supplied by and filed with the secretary of social and rehabilitation services, and shall conform with the terms contained in the publication notice. A certified check or bank draft in the amount of the bid and payable to the secretary shall accompany all bids. The successful bidder may be required to pay publication costs before the awarded lease is executed.

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History

History: (Authorized by and implementing K.S.A. 76-112, 76-112e; effective, E-74-26, May 1, 1974; effective May 1, 1975; amended May 1, 1983.)

Kan. Admin. Regs. § 30-27-3 Cash bonus, rental

Bids for the leasing of oil and gas rights in lands designated by the secretary will be considered on the basis of a cash bonus, annual delay rental, and the amount of royalty to be paid shall not be less than 12½% of the gross proceeds at the prevailing market rate. Leases will be executed on a standard Kansas lease form. No lease shall be for a period to exceed five (5) years and so long thereafter as oil, gas, or other minerals, are being produced therefrom in paying quantities.

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History

History: (Authorized by K.S.A. 76-112; effective, E-74-26, May 1, 1974; effective May 1, 1975.)

Kan. Admin. Regs. § 30-27-4 Indemnity bonds

The secretary may require the filing of an indemnity bond, in an amount not to exceed $50,000.00, by any successful bidder before the execution of an oil and gas lease with the bidder. The amount of the indemnity bond, if any, required for any oil and gas lease executed under these regulations shall be stated in the published notice for bids for that lease. The secretary may further require that the indemnity bond be in effect for the term of the lease and for six months after the plugging of any well on the lease if this latter period exceeds the term of the lease.

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History

History: (Authorized by and implementing K.S.A. 76-112; effective, E-74-26, May 1, 1974; effective May 1, 1975; amended May 1, 1983.)

Kan. Admin. Regs. § 30-27-5 Wells: operation and management

Oil and gas lessees shall notify the secretary thirty (30) days prior to the commencement of each well drilling operation. All wells shall be spaced, located, operated, and maintained in accordance with all applicable state laws and regulations and shall be spaced, located, operated, and maintained at least 500 feet from any building on any state institution. The secretary may require the lessee of oil and gas rights to erect chain link fences of at least eight feet in height along their entire perimeter to fully enclose or encircle any drilling rig, pump, pipe, pool, pit, pile, housing or any other oil or gas drilling or production device or structure situated within 1,320 feet from any building, structure, or area normally used by institutional patients under the supervision or custody of any state institution or the secretary. The secretary may further prescribe reasonable procedures or safety devices to be followed or provided by the oil and gas lessees for the protection of residents, patients, or staff members of institutions from attractive nuisances or items inherently dangerous. The secretary shall notify the lessee of the need for correction of any dangerous devices or structures or the restoration of any land made dangerous by fill, excavation, or contamination from any operations of the lessee. The secretary may order the removal of any dangerous devices or structures or the restoration of any land made dangerous by fill, excavation, or contamination to its former state if the lessee fails to take any action within ninety (90) days after notification by the secretary to correct the dangerous device or structure or to restore land rendered dangerous to its former safe condition or if the lessee notifies the secretary that the lessee is unable to correct the dangerous devices, structures, or contaminations. The ordered removal or restoration operations shall, if possible, be performed by the lessee and the expenses of such operations shall be paid by the lessee. The costs of any above operations of removal or corrections that the secretary may be required to have performed due to refusal or inability of the lessee and the expenses of any uncorrected dangers or contaminations to land or property under the control of the secretary may be charged against the indemnity bond, if any, filed by the lessee.

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History

History: (Authorized by K.S.A. 76-112 and 76-112d; effective, E-74-26, May 1, 1974; effective May 1, 1975.)

Article 31 Alcohol and Drug Abuse Treatment Programs

Kan. Admin. Regs. § 30-31-1 Adoption by reference

The document titled "standards for licensure/certification of alochol and/or other drug abuse treatment programs," dated November 1, 2006, by the Kansas department of social and rehabilitation services is hereby adopted by reference.

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History

History: (Authorized by K.S.A. 39-708c, 65-4016, and 65-4607; implementing K.S.A. 65-4011, 65-4013, 65-4014, 65-4015, 65-4016, 65-4019, 65-4024, 65-4603, and 65-4605; effective May 1, 1976; amended May 1, 1978; amended Jan. 5, 2007.)

Article 41 Licensing of Community Based Agencies Providing Services to Adults with Mental Retardation or Other Developmental Disabilities (not in active use)

Kan. Admin. Regs. § 30-41-1 This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1979; amended May 1, 1980; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended July 1, 1991; amended Feb. 6, 1995; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-2 This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1979; amended, E-82-19, Oct. 21, 1981; amended May 1, 1982; amended May 1, 1984; amended May 1, 1985; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-3 This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by K.S.A. 75-3307b; effective May 1, 1979; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-4 This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; effective May 1, 1979; amended May 1, 1985; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-5 This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1979; amended May 1, 1980; amended May 1, 1985; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6a This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 1983 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1984; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6b This regulation shall be revoked on and after January 1, 1997

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; revoked Jan. 1, 1997.)

Kan. Admin. Regs. § 30-41-6c This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1982; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6d This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6e This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6f This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1984; amended May 1, 1985; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6g This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 75-3307b; effective May 1, 1984; amended May 1, 1985; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-6h This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1985; amended May 1, 1986; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7a This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1990 Supp. 75-3307b; effective May 1, 1982; amended July 1, 1991; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7b This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1982; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7c This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1981 Supp. 75-3307b; effective May 1, 1982; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7d This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1982; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7e This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1984; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7f This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1984; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7g This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective May 1, 1982; amended May 1, 1984; amended May 1, 1987; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7h This regulation shall be revoked on and after July 1, 1996

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b; effective May 1, 1982; amended May 1, 1986; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-7i This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 1990 Supp. 75-3307b; effective July 1, 1991; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-8 This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by K.S.A. 75-3307b; effective May 1, 1979; amended, E-80-13, Aug. 8, 1979; amended May 1, 1980; revoked July 1, 1996.)

Kan. Admin. Regs. § 30-41-20 This regulation shall be revoked on and after July 1, 1996

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History

History: (Authorized by and implementing K.S.A. 1990 Supp. 75-3307b; effective July 1, 1991; revoked July 1, 1996.)

Article 42 Licensing of Nonmedical Resident Care Facilities

Kan. Admin. Regs. § 30-42-6 Definitions

(a) "Applicant" means any facility which applies for a license issued by the department to provide residential care.

(b) "Department" means the Kansas state department of social and rehabilitation services.

(c) "Facility" means any private person, group, association or corporation, or any community or local government department undertaking to provide residential care within the meaning of these regulations.

(d) "Handicapped" means a physical, mental, or emotional impairment which limits one or more major life activities.

(e) "Mental or emotional abuse" means any method of inflicting or causing mental injury or causing deterioration of the individual. Mental or emotional abuse includes failure to maintain reasonable care or treatment to such an extent that the individual's emotional well-being is in danger.

(f) "Secretary" means the secretary of the department of social and rehabilitation services.

(g) "Staff" means employees of the facility who spend a majority of their work time in the supervision of residents.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-7 Licensing procedures

(a) Each facility shall apply for a license on application forms provided by the department.

(b) Each application for renewal of a license shall be submitted by the licensed facility to the department at least 60 days before expiration of the license. This provision may be waived by the department upon a showing of good cause by the facility.

(c) At the discretion of the department, a provisional license may be issued to any facility that is substantially in compliance with the licensing regulations, if the facility presents evidence that any deficiency is temporary and if efforts to correct the deficiency are agreed to or are in progress. Each provisional license shall become a regular license at the end of a period of 180 days if the department agrees, in writing, that the previously noted deficiencies have been corrected. If the deficiencies have not been corrected, the provisional license shall automatically lapse at the end of the 180-day period.

(d) Each license issued shall specify and shall be valid only for the facility and the operator named on the license. A new application shall be required for each change of operator. A facility which changes operators may continue to provide the same care which it was licensed to provide under its last prior operator for the period of time that is required for the facility to pursue all administrative avenues available under these regulations for obtaining licensure under the facility's new operator.

(e) The license shall be issued for a specified period of time not to exceed one year.

(f) The department, upon request, may waive any specific licensing standard for good cause if such waiver does not affect the health, safety or welfare of a facility's residents.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-8 Capacity

Each license shall specify the maximum number of residents who may be served at any one time in the facility. That maximum number shall not be less than five nor more than 40.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-9 Suspension or revocation of license

(a) The license of any facility shall be suspended or revoked according to the provisions of this subsection (a) whenever:

(1) The department finds that the facility has failed to comply with the provisions of K.A.R. 30-2-15 or of any licensing regulations set forth in this article and there is reason to believe that the facility will be in further non-compliance; or

(2) the department finds that the facility is in continuing non-compliance with K.A.R. 30-2-15 or of any licensing regulations set forth in this article.

(b) Procedures for the suspension or revocation of a license.

(1) Subject to the provisions of paragraph (2) of this subsection, when the department finds that a licensed facility is not in compliance with the provisions of any licensing regulations set forth in this article, the department shall informally advise the facility's operator or chief officer in person or by telephone of a finding of non-compliance. This informal communication shall be confirmed in writing within five working days of the informal advice. The written confirmation of the advice shall:

(A) Specify in detail the noted items of non-compliance;

(B) inform the facility of the action required to correct the non-compliance;

(C) inform the facility that failure to provide evidence that the non-compliance has been corrected will result in suspension or revocation of the facility's license;

(D) inform the facility of the time period within which the item of non-compliance can be corrected without temporary or permanent loss of license. This time period shall not be less than 45 days from the date of written confirmation; and

(E) inform the facility of the name and address of the person within the department to whom evidence must be provided demonstrating that the item of non-compliance has been corrected.

(2) The department shall immediately suspend the license of any facility whose non-compliance with these regulations is of a nature so serious that such non-compliance will constitute an immediate threat to the health, safety or welfare of the facility's residents. The department shall immediately initiate an action to revoke such a license according to these regulations.

(3) Whenever a facility has failed to satisfy the department that an item of non-compliance has been corrected as provided in paragraph (1) of this subsection, or whenever the department has suspended a facility's license under paragraph (2) of this subsection, action shall be commenced to revoke the facility's license. Prior to revocation of a facility's license, the department shall send to the facility a written notification of the proposed revocation and the reasons therefor. The notice shall state whether the facility's license has been suspended pending further proceedings. If the decision is to revoke the facility's license as herein provided, the department shall issue a written order of revocation setting forth the effective date of such revocation and the basic underlying facts supporting the order.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-10 Prerequisites for license

(a) Any applicant for licensure shall be at least 18 years of age at the time of application.

(b) Each facility for eight or more persons shall be approved by the Kansas department of health and environment as meeting the standards for a lodging establishment under the food service and lodging act.

(c) Each facility shall meet the legal requirement of the community for zoning, fire protection, water supply and sewage disposal.

(d) Each facility shall obtain and retain on file a fire life safety code report issued within the previous 12 months by the state fire marshal, or persons designated in K.S.A. 31-137 and amendments thereto. Deficiencies noted on the report shall be the subject of an acceptable plan of correction submitted to the state fire marshal within the time-frame established by the state fire marshal. The facility shall adhere to the plan of correction as well as the date, if any, by which the correction is to be made.

(e) Each facility shall provide and maintain fire protection equipment. This equipment shall be approved as adequate by the state fire marshal.

(f) Each facility shall employ at least one staff person certified in the administration of first-aid. All other staff shall receive training in the administration of first-aid within 30 days of employment and every two years thereafter. The date of that training shall be recorded for each staff person and retained on file.

(g) Each facility shall provide adequate care of residents and shall not exceed a maximum ratio of 20 residents to one staff person.

(h) Each facility shall allow residents the right of privacy and the right to see relatives, friends and participate in regular community activities.

(i) Corporal punishments, restraints or punitive measures shall not be used by any facility.

(j) Each facility shall develop a current, written grievance procedure for residents.

(k) Each facility shall see that arrangements are made for emergency and regular medical care for residents.

(l) Each facility shall allow the secretary and authorized representatives of the secretary access to the home, grounds, residents and to records related to residents.

(m) Facility personnel shall not accept permanent guardianship or conservatorship of residents. However, guardianship or conservatorship of blood relatives shall be permitted.

(n) Each facility shall maintain official policies and make them available for review by the department, staff, residents, and guardians and relatives of residents. The official policies of each facility shall contain statements regarding the provisons of subsections (g), (h), (i), (j) and (k) set forth above.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-11 Admission and discharge policies

(a) Each facility shall have on file and shall provide to the department an admissions policy. At a minimum, the admissions policy shall indicate the types of residents the facility will accept indicating:

(1) Age range;

(2) sex;

(3) type of disability; and

(4) the types of residents the facility will not accept.

(b) The facility shall make an inventory of each resident's major personal items within 24 hours of the resident's admission to the facility. Documentation of the inventory shall be retained on file.

(c) Prior to or within 24 hours of admission, the facility shall obtain and retain on file a document signed by the resident and guardian, if any, verifying that they have received in writing the phone number which they may call at any time to complain about exploitation, neglect, or abuse, including mental or emotional abuse.

(d) The facility shall be responsible for encouraging residents to seek and utilize available services when needed.

(e) The facility shall agree to refer a resident to other appropriate residential facilities as soon as it determines that the needs of a resident can no longer be met by the facility.

(f) The resident shall not be involuntarily transferred or discharged from the facility except:

(1) For medical or behavioral reasons which render the facility an inappropriate placement;

(2) for the welfare of the resident or others; or

(3) for non-payment of the rates and charges imposed by the facility.

(g) Except in emergencies, the resident and legal guardian, if any, shall be given written notice at least seven days in advance of a transfer or discharge of the resident.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-12 Disaster policies

The facility shall, in consultation with the fire inspector or other appropriate resources, develop a written disaster plan to provide for the care and safety of residents and employees in emergencies and in occurrences of serious illness or injury. The residents and employees shall be informed of the disaster plan and the plan, including an exit diagram, shall be posted. Evacuation drills shall be conducted each quarter and the date and the length of time for evacuation shall be recorded. A telephone shall be located on the premises and readily available. Emergency numbers shall be posted by each phone.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-13 Health policies

(a) The facility may assist with the taking of medication when the medication is in a labeled bottle dispensed by a pharmacist which clearly shows a physician's orders and when the resident requires assistance because of tremor, visual impairment, or other physical or mental handicapping conditions. The facility may assist the residents with such physical activities as eating, bathing, dressing, help with brace or walker, and transferring from wheelchairs when such assistance is needed on a temporary or intermittent basis.

(b) Each facility shall provide a sanitary environment and shall follow proper techniques of asepsis and isolation for residents with infections and contagious diseases.

(d) Each employee infected with a disease in a communicable form or having communicable skin lesions shall be restricted from work until the disease is no longer communicable.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-14 Financial policies

The personal money of each resident shall be kept in the resident's individual account. The individual account shall be separate from the funds of the facility, owner, operator, employees, and other residents.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-15 Adult residential sleeping quarters

(a) Sleeping quarters shall have a minimum of 70 square feet per person of free floor space in single rooms and an average of not less than 55 square feet per person in rooms accommodating more than one person.

(b) Rooms used as sleeping quarters shall have windows that are operable without a tool.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-42-16 Environmental standards

(a) Each facility shall comply with the standards set forth below. The department may consider, but need not accept, written statements of compliance with environmental requirements from other authorized licensing agencies or groups.

(b) The building shall be clean, in good state of repair, and free from accumulated dirt or trash and vermin infestation.

(d) Furniture shall be clean and in good state of repair.

(e) Rooms shall be well-ventilated, adequately lighted, and appropriately heated or cooled.

(f) Each resident shall have a separate bed with a level, flat mattress in good condition, and sufficient and clean bedding.

(g) Bathroom fixtures shall be accessible, clean, and in good state of repair.

(h) Kitchenware and tableware shall be clean and in good condition.

(i) Meals and snacks, when provided, shall be appropriate to the nutritional needs of the residents. Menus shall be posted and shall follow the basic food group requirements.

(j) The outside area shall be free of physical hazards and be free of accumulated garbage and trash.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 75-3307b, as amended by L. 1986, Ch. 324, Sec. 2; effective, T-87-20, Sept. 1, 1986; effective May 1, 1987.)

Article 43 Corporate Guardians

Kan. Admin. Regs. § 30-43-1 Certification of corporate guardians

(a) Each corporation requesting to be certified as suitable to perform the duties of a guardian shall make application on forms prescribed by the secretary. Each corporation, along with its application, shall furnish the agency with a copy of its articles of incorporation, an organizational chart, including the names of the board of directors, a current financial statement, and a detailed plan of operation concerning its functions as a corporate guardian. The corporation shall update the information provided on the application and attachments, as necessary.

(b) To be eligible for certification, each corporation shall:

(1) Provide proof of corporate stability;

(2) provide proof of financial solvency;

(3) have access to qualified professionals to provide consultation concerning the needs of the wards for whom the corporation is acting as guardian;

(4) have access to an attorney to provide necessary legal services in relationship to its guardian responsibilities;

(5) maintain liability insurance coverage of at least $25,000.00 per occurrence for the protection of the wards from corporate negligence;

(6) provide orientation and in-service training, as approved by the agency, to persons working with wards and their supervisors. No person may serve as a supervisor or be directly responsible for a ward unless that person has attended the required orientation or in-service training sessions, as appropriate;

(7) assign a specific individual to be directly responsible for each ward. No person shall be directly responsible for more than 15 wards;

(8) assign a supervisor to each person who is directly responsible for a ward. No supervisor shall have more than 10 supervisees;

(9) not assign a person to be a supervisor or to work with wards if that person has ever been:

(A) Convicted of a felony or crime against persons;

(B) removed as a guardian or conservator by the court for cause; or

(10) ensure that the person assigned the direct responsibility for a ward lives within 50 miles of the ward, has an active involvement with the ward and makes contact with the ward, as necessary, encourages appropriate interaction of immediate family members, relatives, and friends with the ward, and effectively carries out the corporation's guardianship responsibility to the ward. The person who is assigned responsibility for a ward shall contact the ward at least once each week and shall meet in person with the ward at least once each month. If a ward's mental status is diminished to the extent that the ward cannot communicate with the person assigned to the ward, the weekly contact shall be with a person who has day to day contact with the ward or who supervises such activities;

(11) designate back-up persons for each person assigned to a ward and maintain a 24 hour telephone system, at no cost to the ward, to ensure coverage in an emergency;

(12) ensure that a ward is not used in a fund raising or publicity campaign without the approval of the agency;

(13) have a written grievance procedure for wards;

(14) assign a specific staff person to act on behalf of the corporation to carry out the corporation's guardianship responsibility for each ward for whom the corporation is acting as guardian;

(15) maintain a file and case log for each ward;

(16) furnish reports to the agency, as requested;

(17) report serious injuries of wards to the agency within 72 hours of their occurrence;

(18) notify the agency if a supervisor or person working with a ward is:

(A) Convicted of a felony or crime against persons;

(B) removed as a guardian or conservator by the court for cause; or

(19) allow the agency to have access to wards and their records.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1983, Ch. 191; effective, T-84-36, Dec. 21, 1983; effective May 1, 1984.)

Article 44 Support Enforcement

Kan. Admin. Regs. § 30-44-2 Standardized cost recovery fee

(a) As used in this regulation, the following definitions shall apply:

(1) "Applicant or recipient" means a person who has applied for or is receiving support enforcement services from the department for children and families pursuant to Part D of Title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended.

(2) "IV-D case" means a case in which the department for children and families is providing child support services pursuant to Part D of Title IV of the federal social security act, 42 U.S.C. § 651 et seq., as amended.

(3) (A) "Non-PA case" means a case in which the applicant or recipient or the child, as appropriate, has not received and is not currently receiving public assistance from the state of Kansas, including the following:

(i) Temporary assistance to needy families (TANF), regardless of how designated;

(ii) medical services;

(iii) care due to placement under K.S.A. 38-2201 et seq. and K.S.A. 38-2301 et seq., and amendments thereto;

(iv) care in a state institution, as defined in K.S.A. 59-2006b and amendments thereto;

(v) supplemental nutrition assistance program (SNAP); and

(vi) child care assistance.

(B) "Non-PA case" shall also mean, in any IV-D case in which the applicant or recipient or the child previously received but is not currently receiving public assistance from the state of Kansas, that portion of the case not subject to any assignment of support rights for reimbursement of public assistance.

(C) In an interstate IV-D case referred to Kansas by another state, unless the other state clearly designates otherwise, "non-PA case" shall mean a case, or that portion of a case, designated as IV-D non-TANF.

(D) "Non-PA" case shall not include any IV-D case referred to Kansas from a foreign country.

(b) A cost recovery fee may be collected in all non-PA cases. If a fee is required pursuant to subsection (c), the fee shall be retained from support collections made on behalf of the applicant or recipient. If any fee remains unpaid and the applicant or recipient will receive no further support collections in the non-PA case, the fee shall be remitted by the applicant or recipient upon demand.

(c) The fee shall be in an amount equal to the basic rate times the amount of support collections distributed to the applicant or recipient. The date of collection shall determine the applicable basic rate. The basic rate shall be four percent. If the secretary determines that the department for children and families' funds for support enforcement services are sufficient to pay for some or all of the costs associated with all non-PA cases statewide, then the basic rate for all non-PA cases statewide may be reduced by an amount commensurate with the department's available funds or not collected.

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History

History: (Authorized by and implementing K.S.A. 2015 Supp. 39-756; effective Feb. 6, 1995; amended Jan. 3, 2000; amended Feb.12, 2016.)

Kan. Admin. Regs. § 30-44-3 Birthing hospital

(a) "Birthing hospital" means a hospital that has a licensed obstetric care unit or is licensed to provide obstetric services, or a licensed facility outside a hospital that provides maternity services and is associated with a hospital.

(b) This regulation shall become effective 45 days following publication in the Kansas Register.

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History

History: (Authorized by and implementing L. 1994, Chapter 292, Section 1; effective Feb. 6, 1995.)

Kan. Admin. Regs. § 30-44-4 Disclosure to credit reporting agencies

(a) Except as provided in subsection (b) or (c), the following information shall be made available periodically to consumer credit agencies:

(1) the name of any parent who owes overdue support and is at least two months delinquent in the payment of such support; and

(2) the amount of such delinquency.

Additional information about the parent or the debt may be provided to the consumer reporting agency. Except as provided in subsection (b) or (c), the name of any other parent who owes support, together with information about the debt, may be made available to consumer reporting agencies.

(b) Debt information regarding particular cases shall not be made available pursuant to this regulation to:

(1) any consumer reporting agency which the secretary or the secretary's designee determines does not have sufficient capability to make accurate use of such information in a systematic and timely manner; or

(2) an entity which has not furnished evidence satisfactory to the secretary or the secretary's designee that the entity is a consumer reporting agency.

(c) Notwithstanding any other provision of this regulation, it may be determined that providing debt information to a consumer reporting agency in any particular case is not appropriate because of the circumstances of the case.

(d) No fee will be charged to a consumer reporting agency requesting support arrearage information under this regulation.

(e) The effective date of this regulation shall be September 1, 1995.

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History

History: (Authorized by and implementing K.S.A. 23-4,145; effective Sept. 1, 1995.)

Kan. Admin. Regs. § 30-44-5 Scope of services; judgment interest

(a) Except as otherwise provided in subsection (b), the scope of child support enforcement services related to judgment interest shall be limited to enforcement of a lump sum previously determined by a tribunal of competent jurisdiction, if the judgment interest debt can be enforced in the same manner as that for a debt for child support.

(b) If the director of child support enforcement services determines that conducting or participating in a pilot project is in the best interests of the child support enforcement program, additional services related to judgment interest may be authorized by the director in cases selected for the pilot project.

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History

History: (Authorized by and implementing K.S.A. 39-753; effective July 1, 2003.)

Kan. Admin. Regs. § 30-44-6 Support arrears forgiveness

(a) If a child's parent or parents are liable to repay the secretary for state assistance expended on the child's behalf pursuant to K.S.A. 39-718b and amendments thereto, the amount due may be offset by one of the following:

(1) The parent's or parents' participation in an arrears adjustment program; or

(2) the parent's or parents' contributions to a Kansas postsecondary education savings account established on behalf of the child through the child support savings initiative program.

(b) All arrears adjustment programs shall be approved by the department's child support services and shall include programs designed to provide job skills, further education, and enhance parenting skills.

(c) The arrears adjustments earned through participation in an arrears adjustment program or contributions to the child support savings initiative program shall be applied to offset the amount owed to the secretary. The department's child support services shall have the authority to determine any arrears adjustment rates and to determine whether participation in a particular class or program qualifies a participant for any arrears adjustments.

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History

History: (Authorized by and implementing K.S.A. 2015 Supp. 39-753; effective Feb. 12, 2016.)

Article 45 Youth Services

Kan. Admin. Regs. § 30-45-1 Adoption—genetic and medical history of parents

Each person, other than a stepparent, filing a petition to adopt a minor, shall file with the petition a statement relative to:

(a) The history of significant illnesses or hospitalizations of the genetic parents; and

(b) the indication of any conditions, ailments, maladies, handicaps, genetically transmitted or communicable diseases which are known to exist within the parent or their family background which might affect the health or development of the child.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 59-2278a; effective, T-86-30, Sept. 24, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 30-45-2 Adoption—medical history of child

The medical history of the child filed with the adoption petition shall include the following information and facts about the child's birth and health history: (a) The date, time, place of the birth of the child and the name of the attending physician;

(b) whether the child was full-term or premature;

(d) type of delivery;

(e) whether there were any complications during pregnancy or at birth;

(f) a history of any childhood diseases;

(g) a history of immunizations and tests;

(h) a history of any significant illnesses or hospitalizations since birth;

(i) a history of any chronic health problems, diseases or disabilities affecting the child;

(j) the date of birth and sex of any of the child's siblings, if known; and

(k) a record of the child's developmental milestones.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 59-2278a; effective, T-86-30, Sept. 24, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 30-45-3 Adoption—social history

The following information shall be filed with the petition as the social history of the biological parents on forms prescribed by the secretary:

(a) Each parent's religious background;

(b) each parent's educational background;

(d) each parent's tribal membership, if applicable; and

(e) each parent's employment history.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 59-2278a; effective, T-86-30, Sept. 24, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 30-45-4 Adoption—procedures for updating histories

(a) The person filing the petition to adopt shall provide written notification to the biological parent of the process for notifying social and rehabilitation services of any new genetic or medical information which might affect the child.

(b) The person filing the petition to adopt shall advise the adoptive family in writing that genetic and medical information is permanently filed with social and rehabilitation services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 59-2278a; effective, T-86-30, Sept. 24, 1985; effective May 1, 1986.)

Kan. Admin. Regs. § 30-45-10 Definitions

(a) "Medical neglect" includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(b) "Withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by failing to provide treatment, which in the treating physician's reasonable medical judgment, is most likely to ameliorate or correct all life-threatening conditions, except when the treatment would be futile in terms of survival of the infant and the treatment itself under such circumstances would be inhumane. In all circumstances "withholding of medically indicated treatment" shall always include the failure to provide appropriate nutrition, hydration or medication.

(c) "Reasonable medical judgment" means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

(d) "Infant" means an infant less than one year of age. The reference to less than one year of age shall not be construed to imply that treatment should be changed or discontinued when an infant reaches one year of age. The standards set forth in subsection (b) of this regulation should be consulted thoroughly in the evaluation of any issue of medical neglect involving an infant older than one year of age who has been continuously hospitalized since birth, whose birth was extremely premature, or who has a long-term disability.

(e) "Designated hospital liaison" means the individual designated by the hospital administrator as the person to be contacted by agency personnel upon a report of medically indicated treatment being withheld from a disabled infant. Names of liaisons shall be furnished to the agency annually by each hospital.

(f) "Hospital medical ethics review committee" means the group established by the hospital to review medical treatment and make recommendations to the appropriate medical personnel involved in the case.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, K.S.A. 75-5321; effective, T-87-29, Oct. 22 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-45-11 Reports of medically neglected infants

(a) Reports of medical neglect of a disabled infant shall be made to the local social and rehabilitation services office. Receipt of the report and subsequent initiation of an investigation will follow the emergency procedures established under the Kansas code for care of children. Upon receiving notification of withholding of medically indicated treatment from a disabled infant, an agency social worker shall:

(1) Contact the designated hospital liaison at the facility where the infant is located;

(2) contact the hospital medical ethics review committee at the facility housing the infant to obtain the committee's findings or the Kansas perinatal medical council if no hospital medical ethics review committee exists; and

(3) include as a part of the investigative report, information from and reports to the designated hospital liaison and the hospital medical ethics review committee or the Kansas perinatal medical council if no hospital medical ethics review committee exists.

(b) Subsequent to the initial investigation of a report of medical neglect of a disabled infant, the agency personnel shall follow the procedures established under the Kansas code for care of children and all due process rights contained therein shall apply.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, K.S.A. 75-5321; effective, T-87-29, Oct. 22, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-45-12 Responsible reporters

(a) Physicians, nurses, hospital administrators and others listed in K.S.A. 1985 Supp. 38-1522 shall be required to report cases of medical neglect of disabled infants.

(b) Reports to social and rehabilitation services of medical neglect of disabled infants can be initiated by any concerned citizen. The reporter will remain anonymous unless the reporter agrees to the use of the reporter's identity by the agency. The reporter is not liable to prosecution for reports made in good faith pursuant to K.S.A. 1985 Supp. 38-1525 and 38-1526.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, K.S.A. 75-5321; effective, T-87-29, Oct. 22, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-45-13 Records

Records of medical neglect cases involving disabled infants shall be handled according to established agency procedures.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, K.S.A. 75-5321; effective May 1, 1987.)

Kan. Admin. Regs. § 30-45-14 Public information

The medical community shall be annually informed of the need to report cases of alleged medical neglect of disabled infants pursuant to these regulations.

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History

History: (Authorized by and implementing K.S.A. 1985 Supp. 39-708c, K.S.A. 75-5321; effective, T-87-29, Oct. 22, 1986; effective May 1, 1987.)

Kan. Admin. Regs. § 30-45-20 Foster child educational assistance

Any individual meeting the definition of foster child in K.S.A. 75-53,112 (b), and amendments thereto, and wanting to receive the benefits of the foster child educational assistance act may obtain an application form from any office of the department of social and rehabilitation services ("department") or from any Kansas educational institution, as defined in K.S.A. 75-53,112 and amendments thereto. The individual shall submit the completed application to the registrar's office at the educational institution where the applicant enrolls. The applicant's eligibility shall be verified by the department upon receipt of the application from the educational institution. Within 30 days after enrollment, the student shall notify the department of that student's enrollment status and intended program of study.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 75-53,117; implementing K.S.A. 2008 Supp. 75-53,113 and K.S.A. 2008 Supp. 75-53,120; effective July 6, 2009.)

Article 46 Child Abuse and Neglect

Kan. Admin. Regs. § 30-46-10 Definitions

For the purpose of the child abuse and neglect central registry, the following definitions shall apply:

(a) "Abandon" and "abandonment" have the meaning specified in K.S.A. 38-2202, and amendments thereto.

(b) "Abuse" means "physical, mental or emotional abuse" or "sexual abuse," as these two terms are defined in K.S.A. 38-2202, and amendments thereto, and as "sexual abuse" is further defined in this regulation, involving a child who resides in Kansas or is found in Kansas, regardless of where the act occurred. The term "abuse" shall include any act that occurred in Kansas, regardless of where the child is found or resides. The term "abuse" may include the following:

(1) Terrorizing a child, by creating a climate of fear or engaging in violent or threatening behavior toward the child or toward others in the child's presence that demonstrates a flagrant disregard for the child;

(2) emotionally abandoning a child, by being psychologically unavailable to the child, demonstrating no attachment to the child, or failing to provide adequate nurturance of the child; and

(3) corrupting a child, by teaching or rewarding the child for unlawful, antisocial, or sexually mature behavior.

(c) "Alleged perpetrator" means the person identified in the initial report or during the investigation as the person suspected of perpetrating an act of abuse or neglect.

(d) "Child" means anyone under the age of 18 or anyone under the age of 21 and in the custody of the secretary pursuant to K.S.A. 38-2255, and amendments thereto.

(e) "Child abuse and neglect central registry" means the list of names for individuals identified by the department as substantiated perpetrators.

(f) "Child care facility" has the meaning specified in K.S.A. 65-503, and amendments thereto.

(g) "Department" means Kansas department for children and families.

(h) "Investigation" means the gathering and assessing of information to determine if a child has been harmed, as defined in K.S.A. 38-2202, and amendments thereto, as the result of abuse or neglect, to identify the individual or individuals responsible, and to determine if the incident perpetrated by the individual or individuals should be substantiated.

(i) "Neglect" has the meaning specified in K.S.A. 38-2202, and amendments thereto, involving a child who resides in Kansas or is found in Kansas, regardless of where the act or failure to act occurred.

(j) "Sexual abuse" has the meaning specified in K.S.A. 38-2202, and amendments thereto. With respect to the determination by the department for children and families of a substantiated finding of sexual abuse, difference in age and maturity between the perpetrator and victim and issues of force or coercion may be considered.

(k) "Substantiated perpetrator" and "perpetrator" mean a person, regardless of where the person resides, who has been substantiated by the secretary or the secretary's designee, by a preponderance of evidence, to have either intentionally committed an act of abuse or neglect or failed or refused to protect a child when a reasonable person would have anticipated that the act of abuse or neglect would result in or create a likelihood of serious harm, injury, or deterioration to the child. The substantiated perpetrator's name is placed on the Kansas child abuse and neglect central registry, and the person is thereby prohibited from residing, working, or volunteering in a child care facility pursuant to K.S.A. 65-516, and amendments thereto.

(l) "Unsubstantiated alleged perpetrator" means a person who has been determined by the secretary or the secretary's designee, by a preponderance of evidence, to have not committed an alleged act of abuse or neglect.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 38-2225 and 39-708c; implementing K.S.A. 2023 Supp. 38-2226 and K.S.A. 38-2230; effective Jan. 2, 1989; amended Jan. 2, 1990; amended Oct. 1, 1993; amended Jan. 1, 1997; amended Oct. 3, 1997; amended July 9, 2004; amended July 6, 2009; amended, T-30-6-1-12, June 1, 2012; amended Sept. 14, 2012; amended July 1, 2016; amended, T-30-11-15-18, Nov. 15, 2018; amended Feb. 22, 2019; amended Jan. 3, 2025.)

Kan. Admin. Regs. § 30-46-11 Reporting of abuse or neglect of children who reside in an institution operated by the secretary of social and rehabilitation services

(a) Each person who has reason to suspect that child abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, has occurred in an institution operated by the secretary of SRS shall make a report directly to the attorney general's office and shall not be required to report first to the secretary or to any employee of the secretary except when immediate action is necessary to protect a resident or another person.

(b) Each person who has reason to suspect that an SRS employee or a volunteer may be a perpetrator of abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, shall not be required to make a report to the suspected perpetrator even though department policy would dictate otherwise.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1987 Supp. 65-516, as amended by L. 1988, Ch. 232, Sec. 10, L. 1988, Ch. 140; effective Jan. 2, 1989.)

Kan. Admin. Regs. § 30-46-12 Standards for determining abuse, neglect or sexual abuse in a child care facility or institution

(a) An incident may involve abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, if, without investigation, it is more likely than not that:

(1) A child has suffered an unexplained or non-accidental injury due to an act or omission of an employee or volunteer in the facility or institution;

(2) an employee or volunteer has had sexual contact with a child;

(3) an employee or volunteer demonstrates a pattern of interaction which impairs the child's social, emotional or intellectual functioning to an observable and material degree;

(4) an employee or volunteer has failed to make a reasonable effort to prevent a child or other person from causing harm or the substantial risk of harm;

(5) an employee or volunteer has failed to make a reasonable effort to remove a child from or supervise a child in a situation that requires judgment or actions beyond the child's level of maturity, physical condition or mental ability and that results in harm or substantial risk of harm to the child;

(6) an employee or volunteer has failed to obtain or follow through with prescribed medical care for a child and such failure resulted in death, disfigurement, serious physical or emotional injury or substantial risk of same to the child; or

(7) an employee or volunteer has failed to provide a child with food, shelter or clothing necessary to sustain the life or health of the child.

(b) An incident does not necessarily involve abuse, neglect or sexual abuse, as defined in K.A.R. 30-46-10, if, without investigation, it is more likely than not that:

(1) Harm to a child resulted from an accident and was not due to wanton disregard for the welfare of the child;

(2) care provided to a child failed to meet minimum regulatory standards but did not result in harm or substantial risk of harm;

(3) the inappropriate use of language by an employee or volunteer did not result in emotional harm to the child;

(4) the use of inappropriate disciplinary action contrary to agency policy by an employee or volunteer has not resulted in harm or substantial risk of harm;

(5) any harm to a child resulted from the appropriate use of restraint practices approved by SRS or the department of health and environment;

(6) a child was denied privileges;

(7) harm to a child resulted from conflict with another child; or

(8) the child eloped from a facility or institution.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1987 Supp. 65-516, as amended by L. 1988, Ch. 232, Sec. 10, L. 1988, Ch. 140; effective Jan. 2, 1989.)

Kan. Admin. Regs. § 30-46-13 Right to interview

Each alleged perpetrator shall have an opportunity to be interviewed before a finding substantiating the perpetrator under K.A.R. 30-46-15 is issued.

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History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 2023 Supp. 38-2226, K.S.A. 39-708c, and K.S.A. 2023 Supp. 65-516, as amended by L. 2024, ch. 15, sec. 45; effective Jan. 2, 1989; amended Oct. 28, 1991; amended July 1, 1997; amended July 9, 2004; amended, T-30-11-15-18, Nov. 15, 2018; amended Feb. 22, 2019; amended Jan. 3, 2025.)

Kan. Admin. Regs. § 30-46-14 This rule and regulation shall expire on October 28, 1991

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History

History: (Authorized by and implementing K.S.A. 39-708c, K.S.A. 1987 Supp. 65-516, as amended by L. 1988, Ch. 232, Sec. 10, L. 1988, Ch. 140; effective Jan. 2, 1989; revoked Oct. 28, 1991.)

Kan. Admin. Regs. § 30-46-15 Notice of decision

(a) Each substantiated perpetrator shall be notified in writing of the secretary's decision to substantiate the perpetrator for the purpose of placing the name of the perpetrator in the child abuse and neglect central registry. The notice shall specify the reasons for the finding and shall inform the substantiated perpetrator of the perpetrator's right to appeal the decision.

(b) Each unsubstantiated alleged perpetrator shall be notified in writing of the secretary's decision that based on a preponderance of evidence, the alleged perpetrator has not committed an alleged act of abuse or neglect.

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History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 2023 Supp. 38-2226, K.S.A. 39-708c, and K.S.A. 2023 Supp. 65-516, as amended by L. 2024, ch. 15, sec. 45; effective Jan. 2, 1989; amended Oct. 28, 1991; amended July 1, 1997; amended July 9, 2004; amended, T-30-11-15-18, Nov. 15, 2018; amended Feb. 22, 2019; amended Jan. 3, 2025.)

Kan. Admin. Regs. § 30-46-16 Child abuse and neglect central registry

The name of a substantiated perpetrator shall not be entered into the department's child abuse and neglect central registry until the person has exhausted or failed to exercise the appeal process in K.A.R. 30-7-64 through 30-7-104.

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History

History: (Authorized by K.S.A. 39-708c; implementing K.S.A. 38-1523, K.S.A. 39-708c, and K.S.A. 65-516; effective Jan. 2, 1989; amended July 1, 1997; amended July 9, 2004.)

Kan. Admin. Regs. § 30-46-17 Expungement of record of perpetrator from child abuse and neglect central registry

(a) Application for expungement.

(1) Any perpetrator of abuse or neglect may apply in writing to the secretary to have the perpetrator's record expunged from the child abuse and neglect central registry when three years have passed since the perpetrator's name was entered on the child abuse and neglect central registry. Thereafter, if the expungement is denied, an application for expungement may be submitted by the perpetrator to the secretary no more than once every 12 months after the date of the most recent expungement review panel hearing.

(2) Each application for expungement shall be referred to the expungement review panel. The panel shall consist of the director of prevention and protection services or the director's designee, the chief legal counsel of the department or the counsel's designee, and a representative of the public appointed by the secretary. The director of prevention and protection services or the director's designee shall chair the panel.

(b) Expungement review panel hearing.

(1) A review hearing shall be convened by the panel, at which time the applicant may present evidence supporting expungement of the applicant's name from the child abuse and neglect central registry. The applicant shall have the burden of providing the panel with the basis for granting the expungement. Evidence in support of or in opposition to the application and a recommendation may be presented by the regional office that conducted the original investigation.

(2) Recommendations of the review panel shall be determined by majority vote. The following factors shall be considered by the panel in making its recommendation:

(A) The nature and severity of the act of abuse or neglect;

(B) the number of findings of abuse or neglect involving the applicant;

(C) specification of whether the applicant was a child at the time of the finding of abuse or neglect for which expungement is requested and the age of the applicant at the time of the incident;

(D) circumstances that no longer exist that contributed to the finding of abuse or neglect by the applicant; and

(E) actions taken by the applicant since the incident to prevent the reoccurrence of abuse or neglect.

(3) The review hearing shall be set within 30 days from the date the application for expungement is received by the department. A written notice shall be sent to the applicant and the regional office that made the finding by the director of prevention and protection services or the director's designee at least 10 days before the hearing. The notice shall state the day, hour, and place of the hearing. Continuances of the hearing may be granted by the secretary or the secretary's designee only for good cause.

(4) A written recommendation to the secretary shall be rendered by the panel within 45 days from the date of the hearing. The recommendation to the secretary shall be submitted in writing and shall specify the reasons for the recommendation.

(1) Based upon the application for expungement, other records in the expungement file, and the findings and recommendations of the panel, a decision to grant or deny the requested expungement shall be made by the secretary and shall be the final agency order. The secretary's decision shall be made with 60 days of the expungement hearing.

(2) The applicant shall be informed in writing of the secretary's decision, the specific reasons for the decision, and the applicant's right to appeal that decision pursuant to the Kansas judicial review act.

(3) Any record may be expunged from the child abuse and neglect central registry by the secretary or the secretary's designee when 18 or more years have passed since the most recent finding of abuse or neglect.

(4) Each record of a perpetrator who was under 18 at the time of abuse or neglect and has not been substantiated for more than a single event or incident while a minor shall be expunged five years after the finding of abuse or neglect is entered in the child abuse and neglect central registry if the perpetrator has had none of the following after entry in the registry:

(A) A finding of abuse or neglect;

(B) juvenile offender adjudication for any act, other than the event or incident that resulted in the offender's name being placed on the child abuse and neglect central registry, that, if committed by an adult, would be a class A person misdemeanor or any person felony; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2018 Supp. 39-708c and K.S.A. 65-516; implementing K.S.A. 65-516; effective Jan. 2, 1989; amended Jan. 1, 1990; amended July 1, 1997; amended July 9, 2004; amended July 6, 2009; amended, T-30-11-15-18; Nov. 15, 2018; amended Feb. 22, 2019.)

Article 47 Foster Care Licensing

Kan. Admin. Regs. § 30-47-100 License fees

Each applicant or licensee submitting an application for a license or for the renewal of a license shall include the appropriate nonrefundable license fee, as follows:

(a) For each child-placement agency as defined in K.S.A. 65-503 and amendments thereto, $75;

(b) for each child care resource and referral agency as defined in K.S.A. 65-503 and amendments thereto, $75; and

(c) for each of the following child care facilities with a license capacity of 13 or more children, $35 plus $1 for each child included in the license capacity, with the total not to exceed $75, and for each of the following child care facilities with a license capacity of 12 or fewer children, $15:

(1) Attendant care facility, as defined in K.A.R. 28-4-285;

(2) detention center or secure care center, as defined in K.A.R. 28-4-350;

(3) residential center or group boarding home, as defined in K.A.R. 28-4-268;

(4) secure residential treatment facility, as defined in K.A.R. 28-4-330.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-505, 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-505; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-102 Definitions

For the purpose of K.A.R. 30-47-101 through K.A.R. 30-47-127, the following terms and definitions shall apply:

(a) "Administrative director" means the individual employed by a juvenile crisis intervention center who is responsible for the daily operation of the center.

(b) "Applicant" means a person who has applied for a license but who has not yet been granted a temporary permit or a license to operate a juvenile crisis intervention center.

(c) "Authorized medical practitioner" means a licensed physician, a physician's assistant operating under a written protocol as authorized by a responsible physician, an APRN, or registered nurse.

(d) "Auxiliary staff member" means a type of staff member working at a juvenile crisis intervention center in food services, clerical services, or maintenance.

(e) "Basement" means each area in a building with a floor level more than 30 inches below ground level on all sides.

(f) "Case management" means the provision of services directly by the staff members or through another contracted provider.

(g) "Case manager" means an individual who is designated by the permittee or licensee to coordinate the provision of services to juveniles by staff members or other individuals or agencies and who meets the requirements for a case manager in K.A.R. 30-47-108.

(h) "Case plan" means the comprehensive written goals and services developed for each juvenile.

(i) "Center" means juvenile crisis intervention center.

(j) "Clinical director" means the individual at a juvenile crisis intervention center who is responsible for the mental health services and who meets the requirements for a clinical director in K.A.R. 30-47-108.

(k) "Department" means Kansas department for children and families.

(l) "Designee" means a person who has the same minimum qualifications as those of another staff member and who has been selected to carry out a duty or role of that staff member.

(m) "Direct care staff member" means an individual whose primary responsibility is to implement the program on a daily basis, including providing direct supervision of, interaction with, and protection of the juveniles and who meets the requirements for a direct care staff member in K.A.R. 30-47-108.

(n) "Direct supervision" means the physical presence of staff members in proximity to allow for interaction and direct eye contact with juveniles.

(o) "Facility" means a type of child care facility, pursuant to K.S.A. 65-503 and amendments thereto, that meets the requirements in K.S.A. 65-535, and amendments thereto.

(p) "Head of a juvenile crisis intervention center" means the administrative director or the person's designee.

(q) "In-service training" means job-related training provided for staff members and volunteers.

(r) "Isolation" means the removal of a juvenile from other juveniles to a separate locked room or quarters.

(s) "Juvenile" means an individual under 18 years of age.

(t) "Juvenile crisis intervention center" means a facility operated by a permittee or licensee that provides short-term observation, assessment, treatment and case planning, and referral for any juvenile who is experiencing a mental health crisis and is likely to cause harm to self or others.

(u) "License capacity" means the maximum number of juveniles authorized to be in the juvenile crisis intervention center at any one time.

(v) "Licensed physician" means an individual who is licensed to practice either medicine and surgery or osteopathy in Kansas by the Kansas state board of healing arts.

(w) "Licensee" means a legal business entity that has been granted a license to operate a center.

(x) "Likely to cause harm to self or others" has the meaning specified in K.S.A. 65-536, and amendments thereto.

(y) "Living unit" means the self-contained building or portion of a building in which a juvenile crisis intervention center is operated and maintained, including the sleeping rooms, bathrooms, and dayroom for activities.

(z) "Permittee" means a legal business entity that has applied for a license and has been granted a temporary permit by the secretary to operate a center.

(aa) "Placing agent" means an entity having the legal authority to place a juvenile in a juvenile crisis intervention center.

(bb) "Professional staff member" means a staff member who is one of the following:

(1) The clinical director;

(2) a licensed physician;

(3) a licensed psychiatrist qualified to evaluate, assess, and treat addictions or substance abuse and other mental health disorders;

(4) an individual licensed by the Kansas behavioral sciences regulatory board;

(5) a teacher licensed by the Kansas state department of education;

(6) a physician's assistant licensed in Kansas by the Kansas state board of healing arts;

(7) a professional nurse licensed by the Kansas state board of nursing;

(8) an advanced practice registered nurse (APRN) licensed by the Kansas state board of nursing and qualified to evaluate, assess, and treat addictions or substance abuse and other mental health disorders;

(9) a dietician licensed by the Kansas department for aging and disability services; or

(10) a case manager, who shall have a bachelor's degree in behavioral science.

(cc) "Program" means the comprehensive and coordinated set of activities and social services providing for the care, health, and safety of juveniles while in the care of the juvenile crisis intervention center.

(dd) "Qualified mental health professional" has the meaning specified in K.S.A. 65-536, and amendments thereto.

(ee) "Regularly" means occurring on three or more occasions in a 12-month period.

(ff) "Renewal date" means 12 months after the date on which a license is issued.

(gg) "Secretary" means secretary of the Kansas department for children and families.

(hh) "Shared space" means locations on the premises used by more than one child care program at different times.

(ii) "Staff member" means any individual employed at a center, including auxiliary staff members, direct care staff members, the administrative director, and professional staff members.

(jj) "Trauma-informed care" means the services provided to juveniles based on an understanding of the vulnerabilities and the emotional and behavioral responses of trauma survivors.

(kk) "Trauma-specific intervention" means intervention techniques designed specifically to address the consequences of trauma in juveniles and to facilitate recovery, including the interrelation between presenting symptoms of trauma and each juvenile's past history of trauma.

(ll) "Treatment" has the meaning specified in K.S.A. 65-536, and amendments thereto.

(mm) "Tuberculosis test" means either the Mantoux skin test or an interferon gamma release assay (IGRA).

(nn) "Volunteer" means an individual over the age of 14 who provides an unpaid service at the center.

(oo) "Weapons" means any dangerous or deadly instruments, including the following:

(1) Firearms;

(2) ammunition;

(3) air-powered guns, including BB guns, pellet guns, and paint ball guns;

(4) any knives, except knives designed and used for table service;

(5) archery equipment; and

(6) martial arts equipment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-103 Application process

(a) Each applicant shall submit a complete application on forms provided by the department. The application shall be submitted at least 90 calendar days before the planned opening date of the juvenile crisis intervention center and shall include the following:

(1) A description of the program and services to be offered, including the following:

(A) A statement of the center's purpose and goals;

(B) the number, ages, and gender of prospective juveniles;

(C) specification of how the center has consulted with and will maintain ongoing communications with local authorities, including city officials, county officials, and law enforcement officials; and

(D) policies and procedures to individually assess and stabilize juveniles upon admission;

(2) the anticipated opening date;

(3) a request for the background checks for staff members and volunteers specified in K.A.R. 30-47-105;

(4) the center's policies and procedures required in subsection (d); and

(5) the license fee totaling the following:

(A) $75.00; and

(B) $1 multiplied by the maximum number of juveniles to be authorized under the license.

(b) Each applicant shall be one of the following entities:

(1) A government or governmental subdivision; or

(2) a private entity, accredited by a national accrediting body that is approved by the secretary, other than a government or governmental subdivision, with a governing board that is responsible for the operation, policies, finances, and general management of the center. The administrative director shall not be a voting member of the governing board responsible for operation, policies, finances, and general management of the center. If the entity is not accredited at the time of application, accreditation shall be obtained within six months of receipt of a temporary permit.

(c) Each applicant, each permittee, and each licensee, if a corporation, shall be in good standing with the Kansas secretary of state. Each applicant shall also provide a current Kansas tax clearance statement from the Kansas department of revenue.

(d) Each applicant shall develop policies and procedures for operation of the center to meet the requirements in K.A.R. 30-47-101 through K.A.R. 30-47-127 and in K.S.A. 65-536, and amendments thereto.

(e) Each applicant shall submit to the department floor plans for each building that will be used as a juvenile crisis intervention center. Each floor plan shall show how the center is separated from any other child care facility. Each applicant shall obtain and submit to the department prior written approval from the Kansas state fire marshal regarding the safety of entrances and exits. Each applicant shall include a schedule for the use of all shared spaces demonstrating compliance with K.A.R. 30-47-107(b)(4).

(f) Each applicant shall notify the school district where the center is to be located within 90 calendar days of the planned opening date. The timely notification to the local school district may be waived by the secretary upon receipt of a written agreement by the local school district. The notification to the school district shall include the following:

(1) The planned opening date and the number, age range, gender, and anticipated special education needs of the juveniles to be served;

(2) a statement that the juveniles will receive educational services on-site at the center, partially through coordination with the juvenile's home school district; and

(3) documentation that the notification was received by the school district within 90 calendar days of the planned opening date.

(g) Each applicant shall maintain documentation of completion of training required in K.A.R. 30-47-109 by each staff member and each volunteer before the opening date of the center.

(h) Each applicant, each permittee, and each licensee shall maintain documentation of compliance with all local and state building codes, fire safety requirements, and zoning codes.

(i) Each applicant, each permittee, and each licensee shall maintain liability and casualty insurance.

(j) The granting of a temporary permit or a license to any applicant may be refused by the secretary if the applicant is not in compliance with the requirements of all applicable statutes and regulations governing facilities.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-104 Terms of temporary permit or license

(a) Temporary permit or license required. No person shall operate a center unless the person has been issued a temporary permit or a license by the secretary.

(b) Requirements. Each permittee and each licensee shall ensure that the following requirements are met:

(1) Each temporary permit or license shall be valid only for the permittee or licensee and for the address specified on the temporary permit or the license. When an initial or amended license becomes effective, all temporary permits or licenses previously granted to the permittee or licensee at the same address shall become void.

(2) The maximum number, the age range, and the gender of juveniles authorized by the temporary permit or the license shall not be exceeded.

(3) The current temporary permit or the current license shall be posted in an area accessible to the public.

(c) New application required. A new application and the fee specified in K.A.R. 30-47-103 shall be submitted for each change of ownership or location at least 90 calendar days before the planned change.

(d) Changes. Each applicant, each permittee, and each licensee shall obtain the secretary's written approval before making any change in any of the following:

(1) The use or proposed use of the buildings;

(2) the physical structure of any building, including the following:

(A) An addition or alteration as specified in K.A.R. 30-47-107;

(B) the use of locked entrances; and

(3) the program, provided through either direct services or agreements with specified individuals or community resources, which shall include the following: ongoing communications protocols established with local law enforcement authorities; admission, discharge, referral or records transfer processes coordinated with treatment providers and community mental health centers; and emergency plan protocols established with local health care providers; or

(4) orientation topics or required in-service training.

(e) Renewals.

(1) Each licensee shall complete and submit an application for renewal on forms provided by the department, the fee specified in K.S.A. 65-505 and amendments thereto, and the request for background checks specified in K.A.R. 30-47-105, 90 calendar days before the renewal date.

(2) Failure to submit the renewal application and fee within 30 days after the renewal due date shall result in an assessment of a late renewal fee that is equal to the renewal fee, pursuant to K.S.A. 65-505 and amendments thereto, and may result in closure of the facility.

(f) Exceptions. Any applicant, permittee, or licensee may request an exception to a specific regulation. Each request shall be submitted to the secretary on a form provided by the department. The exception may be approved at the discretion of the secretary if the intent of the regulation is met in an alternative manner.

(1) A request for an exception may be granted if the secretary determines that the exception is not detrimental to the health, safety, and welfare of one or more juveniles or the family of a juvenile and the exception does not violate statutory requirements.

(2) Written notice from the secretary stating the nature of each exception and its duration shall be kept on file at the center and shall be readily accessible to the department.

(g) Amendments to license. Any licensee may submit a written request for an amended license.

(1) Each licensee who intends to change the terms of the license, including the maximum number, the age range, or the gender of juveniles to be served, shall submit a request for an amendment on a form provided by the department and a nonrefundable amendment fee of $35. An amendment fee shall not be required if the request to change the terms of the license is made at the time of license renewal.

(2) Each request for a change in the maximum number, the age range, or the gender of juveniles to be served shall include written documentation of the notification to the school district where the center is located, as specified in K.A.R. 30-47-103.

(3) The licensee shall make no change to the terms of the license, including the maximum number of juveniles, the age range of juveniles to be served, the gender of juveniles, and the type of license, unless an amendment has been granted by the secretary in writing.

(h) Closure. Each center shall have policies and procedures related to the closure of the center. The policies and procedures shall include record retention for the center. Any applicant or permittee may withdraw the application for a license. Any licensee may submit, at any time, a request to close a facility operated by the licensee. If an application is withdrawn or a facility is closed, the current or temporary permit or license granted to the permittee or licensee for that facility shall become void.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-505, 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-105 Background checks

(a) With each initial application or renewal application, each applicant or licensee shall submit a request to conduct a background check by the Kansas bureau of investigation and a background check by the department in order to comply with K.S.A. 65-516, and amendments thereto. Each request shall be submitted on a form provided by the department and shall list the required information for each individual 14 years of age and older who will be residing, working, or volunteering in the center.

(b) Each applicant, each permittee, and each licensee shall submit a request to the department to conduct a background check by the Kansas bureau of investigation before each individual begins working, residing, or volunteering in the center.

(c) Each applicant, each permittee and each licensee shall submit a request for a fingerprint-based criminal records check of national crime information databases, conducted before an individual aged 14 or older begins working, residing or volunteering in the center.

(d) Background checks shall not be required for any juvenile admitted to a juvenile crisis intervention center.

(e) A copy of each request for a background check shall be kept on file at the center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-516, 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-106 Operations

(a) Each permittee and each licensee shall be responsible for the operation of the juvenile crisis intervention center, including the following:

(1) Developing an organizational chart designating the hierarchy of authority and ensuring that all staff members know the hierarchy of authority;

(2) developing and implementing administrative policies and procedures for the operation of the juvenile crisis intervention center, which shall include sufficient staff members to supervise and provide services to juveniles;

(3) employing an administrative director; and

(4) employing a clinical director.

(b) Each permittee and each licensee shall implement policies and procedures for the operation of the juvenile crisis intervention center that shall include descriptions of all roles and responsibilities for each staff member and each volunteer.

(d) Each permittee and each licensee shall ensure that the program, all services, and living units of the juvenile crisis intervention center are separate from the living units used by any other child care facility and the children using those living units.

(e) Each permittee and each licensee shall ensure that each staff member and each volunteer is informed of and follows all written policies and procedures necessary to carry out that staff member's or volunteer's job duties.

(f) Each permittee and each licensee shall ensure that a copy of the regulations governing juvenile crisis intervention centers is kept on the premises at all times. A copy of the regulations shall be made available to all staff members.

(g) Each licensee shall review all contracts, agreements, policies, and procedures annually.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-107 Environmental requirements

(a) General building requirements.

(1) Each applicant, each permittee, and each licensee shall ensure that the center is connected to public water and sewage systems, where available. If public water and sewage systems are not available, each applicant shall obtain approval for any private water and sewage systems by the health authorities having jurisdiction over private water and sewage systems where the center is located.

(2) Each applicant, each permittee, and each licensee shall retain a licensed architect to develop the plans for any newly constructed building or for any major addition or major alteration to an existing building.

(A) For a new building, preliminary plans and outline specifications, including plot plans, shall be submitted to the department for review before beginning the final working drawings and specifications. Each applicant, each permittee, and each licensee shall submit the final working drawings, construction specifications, and plot plans to the department for review and written approval before the letting of contracts.

(B) For an addition or alteration to an existing building, each applicant, each permittee, and each licensee shall submit a written statement defining the proposed use of the construction and detailing the plans and specifications to the department for review and written approval before beginning construction.

(C) If construction is not begun within one year of submitting a proposal for a new building or an addition or alteration to an existing building, each licensee shall resubmit the plans and proposal to the department before proposed construction begins.

(b) Location and grounds. Each permittee and each licensee shall ensure that the following requirements are met for the location and grounds of the center:

(1) Community resources, including health services, police protection, and fire protection from an organized fire department, shall be available.

(2) There shall be at least 100 square feet of outside activity space available for each juvenile allowed to utilize each outdoor area at any one time.

(3) The outside activity area shall be free of physical hazards.

(4) Juveniles residing in the center shall not share space at the same time with another child care facility for any indoor or outdoor activities.

(c) Swimming pools. Each permittee and each licensee shall ensure that the following requirements are met if a swimming pool is located on the premises:

(1) The pool shall be constructed, maintained, and used in a manner that safeguards the lives and health of the juveniles.

(2) Each aboveground swimming pool shall be at least four feet high or shall be closed by a barrier on all four sides that is at least four feet high with self-locking gate that is kept closed. Steps shall be removed and stored away from the pool when the pool is not in use.

(3) Each aboveground pool with a deck or berm that provides a ground-level entry on any side shall be treated as an in-ground pool and shall meet the following:

(A) Swimming pools shall have a barrier on all sides at least four feet high.

(B) Swimming pools shall have their methods of access through the barrier equipped with a safety device, including a bolt lock.

(4) The pool shall be cleaned. The chlorine level and pH shall be tested before each use. The results of these tests shall be recorded and available. Each pool that is unable to be emptied after each use shall be equipped with a working pump and filtering system.

(5) An individual with current certification in CPR who can swim shall be in attendance while any juvenile is using a swimming pool.

(6) Each swimming pool shall be equipped with a lifesaving device that is sufficient length to reach the center of the pool from each edge of the pool.

(7) Legible safety rules shall be posted for the use of a swimming pool in a conspicuous location.

(d) Structural requirements and use of space. Each permittee and each licensee shall ensure that the center's design, structure, interior and exterior environment, and furnishings promote a safe, comfortable, and therapeutic environment for the juveniles.

(1) Each center shall be accessible to and usable by individuals with disabilities.

(2) Each center's structural design shall facilitate personal contact and interaction between staff members and juveniles.

(3) Each sleeping room shall meet the following requirements:

(A) Each room shall be assigned to and occupied by only one juvenile. No juvenile's room shall be in a basement.

(B) The minimum square footage of floor space shall be 80 square feet.

(D) An even temperature of between 68 degrees Fahrenheit and 78 degrees Fahrenheit shall be maintained, with an air exchange of at least four times each hour.

(E) Each sleeping room shall have a source of natural light.

(4) Access to a drinking water source and toilet facilities shall be available 24 hours a day.

(5) A separate bed with a level, flat mattress in good condition shall be provided for each juvenile. All beds shall be above the floor level. Each mattress has water-proof covering or shall be water-repellent and washed down and sprayed with disinfectant before reissue. The mattress materials and treatments shall meet the applicable requirements of the state fire marshal's regulations.

(6) Clean bedding, adequate for the season, shall be provided for each juvenile. Bed linen shall be changed at least once a week and whenever soiled.

(7) Adequate space for study and recreation shall be provided.

(8) Each living unit shall contain the following:

(A) Furnishings that provide sufficient seating for the maximum number of juveniles expected to use the area at any one time; and

(B) writing surfaces that provide sufficient space for the maximum number of juveniles expected to use the area at any one time and furnishings that are consistent with the needs of the juveniles.

(9) Each center shall have adequate central storage for household supplies, bedding, linen, and recreational equipment.

(10) If a center has one or more dayrooms, each dayroom shall provide space for a variety of juvenile activities. Dayrooms shall be situated immediately adjacent to the juveniles' sleeping rooms but separated from the sleeping rooms by a floor-to-ceiling wall. Each dayroom shall provide at least 35 square feet for each juvenile expected to use the dayroom area at any one time.

(11) Each room used for sports and other physical activities shall provide floor space equivalent to at least 100 square feet for each juvenile utilizing the room for those purposes at any one time.

(12) Sufficient space shall be provided for visitation between juveniles and visitors. The center shall have space for the screening and search of juveniles and visitors, if screening and search are included in the center's policies and procedures. Private space shall be available for searches as needed. Storage space shall be provided for the secure storage of visitors' coats, handbags, and other personal items not allowed into the visitation area.

(13) A working telephone shall be accessible to staff members in all areas of the building. Emergency numbers, including those for the fire department, the police, a hospital, a licensed physician, the poison control center, and an ambulance, shall be posted by each telephone.

(14) A service sink and a locked storage area for cleaning supplies shall be provided in a room or closet that is well ventilated and separate from kitchen and living areas.

(15) The following requirements shall be met for bathrooms and drinking water at the center:

(A) For each eight or fewer juveniles, at least one toilet, one lavatory, and either a bathtub or a shower shall be provided. All toilets shall be above floor level.

(B) Each bathroom shall be ventilated to the outdoors by means of either a window or a mechanical ventilating system.

(C) Toilet and bathing accommodations and drinking water shall be in a location accessible to sleeping rooms and living and recreation rooms.

(D) Drinking water and at least one bathroom shall be accessible to the reception and admission areas.

(E) Cold water and hot water not exceeding 120 degrees Fahrenheit shall be supplied to lavatories, bathtubs, and showers.

(F) Liquid soap, toilet paper, and paper towels shall be available in all bathrooms.

(e) Building maintenance. Each permittee and each licensee shall ensure that the following requirements are met for building maintenance of the center:

(1) Each building shall be clean at all times and free from vermin infestation.

(2) The walls shall be smooth, easily cleanable, and sound. Lead-free paint shall be used on all painted surfaces.

(3) The floors and walking surfaces shall be kept free of hazardous substances at all times.

(4) The floors shall not be slippery or cracked.

(5) Each rug or carpet used as a floor covering shall be slip-resistant and free from tripping hazards. A floor covering, paint, or sealant shall be required over concrete floors for all buildings used by the juveniles.

(6) All bare floors shall be swept and mopped daily.

(7) A schedule for cleaning each building shall be established and maintained.

(8) Washing aids, including brushes, dish mops, and other hand aids used in dishwashing activities, shall be clean and used for no other purpose.

(9) Mops and other cleaning tools shall be cleaned and dried after each use and shall be hung on racks in a well-ventilated place.

(10) Pesticides and any other poisons shall be used in accordance with the product instructions. These substances shall be stored in a locked area.

(11) Toilets, lavatories, sinks, and other such accommodations in the living areas shall be cleaned each day.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-108 Personnel qualifications

(a) Each individual working or volunteering in a juvenile crisis intervention center shall be qualified by the temperament, emotional maturity, judgment, and understanding of children necessary to maintain the health, comfort, safety, and welfare of the juveniles in placement.

(b) Each staff member performing the duties of more than one position shall meet the minimum qualifications for each position held.

(1) Each staff member and each volunteer who has contact with any resident shall provide a statement on a form provided by the department from an authorized medical practitioner stating that no physical or mental impairment prevents the individual from providing care for children or would otherwise represent a direct threat to the health, safety, or welfare of others.

(2) Each staff member and each volunteer involved in food preparation or service who will not have contact with any resident shall provide a statement on a form provided by the department from an authorized medical practitioner stating that no physical or mental impairment prevents the individual from preparing or serving food or would otherwise represent a direct threat to the health, safety, or welfare of others.

(3) Each staff member who requires accommodation of a physical or mental impairment to enable the staff member to perform that individual's duties without representing a direct threat to the health, safety, or welfare of others shall provide a statement on a form furnished by the department from an authorized medical practitioner stating that the accommodation specified is sufficient to enable the staff member to perform that individual's duties without representing a direct threat to the health, safety, or welfare of others.

(4) Each staff member and each volunteer shall provide a record of a tuberculosis test or X-ray obtained not more than two years before employment. If there is a positive tuberculosis test or a history of a previous positive tuberculosis test, a chest X-ray shall be required unless there is documentation of a normal chest X-ray within the last 12 months. Proof of recommended treatment, according to the Kansas department of health and environment's tuberculosis prevention and control program's direction, shall be required. Documentation of each tuberculosis test, X-ray, and treatment results shall be kept confidentially and separate from personnel records.

(A) Compliance with the Kansas department of health and environment's tuberculosis prevention and control program shall be required following each exposure to active tuberculosis disease. The results of tuberculosis tests, X-rays, and treatment shall be kept confidentially and separate from personnel records.

(B) Each volunteer shall present documentation showing no active tuberculosis before serving in the center.

(5) If the permittee, the licensee, or the secretary has a reasonable belief, based on objective evidence, that a staff member has a medical condition that will pose a direct threat to the health, safety, or welfare of others, a medical examination shall be requested to determine whether the staff member is fit to perform that individual's job. The permittee or the licensee shall pay all costs associated with the medical examination. The staff member shall not continue to perform that individual's duties unless and until the staff member provides a statement from an authorized medical practitioner on a form provided by the department stating one of the following:

(A) No physical or mental impairment prevents the individual from providing care for children or would otherwise represent a direct threat to the health, safety, or welfare of others.

(B) A specified accommodation of a physical or mental impairment is sufficient to enable the staff member to perform that individual's duties without representing a direct threat to the health, safety, or welfare of others.

(6) Each permittee and each licensee shall keep all statements by an authorized medical practitioner concerning any staff member in relation to that individual's ability or inability to perform that individual's duties and shall maintain these statements confidentially and separate from personnel records.

(d) Each administrative director shall possess the following:

(1) Knowledge of the principles, practices, methods, and techniques of administration and management;

(2) ability to train, supervise, plan, direct, and evaluate the work of others, as documented by experience, training, or a combination of both;

(3) ability to establish and maintain effective working relationships with others; and

(4) knowledge of principles and techniques of behavioral and mental health treatment and care of juveniles and of the growth, development, needs, and unique problems of juveniles.

(e) Each administrative director shall have at least a bachelor's degree. Each administrative director shall have at least three years of supervisory experience within a child care facility providing treatment to children.

(f) Each clinical director shall be licensed by the Kansas behavioral sciences regulatory board, the Kansas board of nursing, or the Kansas board of healing arts to diagnose and treat mental and behavioral disorders.

(g) Professional consultant services shall be available and shall include licensed physicians, dentists, nurses, clergy, social workers, psychologists, psychiatrists, teachers, dieticians, or others as approved by the secretary.

(h) Each staff member shall maintain current licensure, certification, or registration for that individual's profession.

(i) Each juvenile crisis intervention center shall have a clinical director who is responsible for oversight and implementation of the program.

(j) Each direct care staff member shall meet the following requirements:

(1) Be 21 years of age or older; and

(2) have a high school diploma or equivalent and have completed one of the following:

(A) two years of experience supervising children or juveniles in a child care facility; or

(B) 45 clock-hours of documented training in child care, child development, psychology, or a related field before assuming independent supervision duties over the juveniles.

(k)(1) Auxiliary staff members shall be available as needed for the operation of the juvenile crisis intervention center and the provision of services to juveniles.

(2) No auxiliary staff member shall be included in meeting the minimum ratio of direct care staff members to juveniles. Only direct care staff members shall be responsible for direct supervision of the juveniles.

(l) Each auxiliary staff member working in food service shall demonstrate compliance with all the following requirements through ongoing job performance:

(1) Knowledge of the nutritional needs of juveniles;

(2) understanding of quantity food preparation and service;

(3) sanitary food handling and storage methods;

(4) understanding of individual, cultural, and religious food preferences.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-101, 65-128, 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-109 Professional development; training

(a) Each staff member shall complete at least 10 clock-hours of orientation training within seven calendar days after the initial date of employment. The orientation training shall include the following topics:

(1) The center's policies and procedures, including emergency procedures, behavior management, and discipline;

(2) individual job duties and responsibilities;

(3) confidentiality;

(4) security procedures;

(5) recognition of harm as a result of physical, mental, or emotional abuse or neglect or sexual abuse and the reporting requirements of K.S.A. 2019 Supp. 38-2223, and amendments thereto;

(6) the symptoms of infectious disease, infection control, and universal precautions;

(7) statutes and regulations governing juvenile crisis intervention centers;

(8) the schedule of daily activities;

(9) principles of trauma-informed care;

(10) indicators of self-harming behaviors and suicidal tendencies; and

(11) care and supervision of juveniles.

(b) Each direct care staff member shall complete an additional 40 clock-hours of orientation training before being counted in the ratio of direct care staff members to juveniles. The additional training shall include the following topics:

(1) Crisis management;

(2) human trafficking and exploitation;

(3) indicators of self-harming behaviors or suicidal tendencies and knowledge of appropriate intervention measures;

(4) indicators of gang involvement;

(5) intervention techniques for problem or conflict resolution, diffusion of anger, and de-escalation methods;

(6) principles of trauma-informed care and trauma-specific intervention;

(7) report writing and documentation methods;

(8) the designated juvenile crisis intervention center safety intervention program.

(c) Each staff member shall complete at least 20 clock-hours of in-service training each year. In-service training topics shall be based on individual job duties and responsibilities, meet individual learning needs, and be designed to maintain the knowledge and skills needed to comply with center policies and procedures and the regulations governing juvenile crisis intervention centers.

(d) At least one staff member who is counted in the ratio of direct care staff members to juveniles and who has current certification in first aid and current certification in cardiopulmonary resuscitation shall be at the center at all times.

(e) If nonprescription or prescription medication is administered to juveniles, each permittee and each licensee shall designate professional staff members or direct care staff members to administer the medication. Before administering any medication, each designated staff member shall receive training in medication administration.

(f) Each person's in-service training shall be documented in that individual's personnel file.

(g) Each volunteer shall complete orientation training before volunteering at the facility. The orientation training shall include the following topics:

(1) Facility policies and procedures, including emergency procedures, behavior management, and discipline; and

(2) confidentiality.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-110 Scheduling and direct supervision

(a) Each permittee and each licensee shall develop and implement a written schedule for professional staff members and shall include requirements for scheduling staff members as follows:

(1) A psychiatrist or advanced practice registered nurse shall be available 24 hours per day, seven days per week.

(2) Nursing staff shall be available on-site from 7 a.m. to 11 p.m.

(3) A qualified mental health professional shall be available for consultation 24 hours per day, seven days per week and on-site from 8 a.m. to 8 p.m.

(b) Each permittee and each licensee shall develop and implement a written daily staff member schedule. The schedule shall meet the required staffing ratios of direct care staff members to juveniles at all times.

(1) The schedule shall provide for a sufficient number of staff members on the living unit to provide direct supervision at all times and to provide for each juvenile's physical, social, emotional, and educational needs.

(2) The schedule shall provide for a minimum staffing ratio of one direct care staff member for every six juveniles.

(3) At least one direct care staff member of the same sex as the juveniles shall be present, awake, and available to the juveniles at all times. If both male and female juveniles are present in the center, at least one male and one female direct care staff member shall be present, awake, and available.

(c) At no time shall there be fewer than two direct care staff members present on the living unit when one or more juveniles are in care.

(d) Alternate direct care staff members shall be provided for the relief of the scheduled direct care staff members on a one-to-one basis and in compliance with the staffing ratios of direct care staff members to juveniles.

(e) Only direct care staff members shall be counted in the required staffing ratio.

(f) Policies and practice regarding direct supervision shall provide for adequate staff and shall include the following requirements:

(1) No juvenile shall be left without direct supervision.

(2) Electronic supervision shall not replace the ratio requirements.

(3) Staff members shall know the location of each juvenile at all times.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-111 Emergency plan; safety; security

(a) Emergency plan. Each permittee and each licensee shall implement an emergency plan to provide for the safety of juveniles, staff members, volunteers, and visitors in emergencies.

(1) The emergency plan shall include the following information:

(A) Input from local emergency response entities, including fire departments, law enforcement, and local health care providers;

(B) the types of emergencies likely to occur in the center or near the center, including fire, weather-related events, missing or runaway juveniles, chemical releases, utility failure, intruders, and an unscheduled closing;

(C) the types of emergencies that could require evacuating the center and the types that could require the juveniles, staff members, volunteers, and visitors to shelter in place;

(D) participation in community practice drills for emergencies;

(E) procedures to be followed by staff members in each type of emergency;

(F) designation of a staff member to be responsible for each of the following:

(i) Communicating with emergency response resources, including the fire department, law enforcement, and local health care providers;

(ii) ensuring that all juveniles, staff members, volunteers, and visitors are accounted for;

(iii) taking the emergency contact numbers and a cell phone; and

(iv) contacting the parent, legal guardian, or placing agent of each juvenile;

(G) the location and means of reaching a shelter-in-place area in the center, including safe movement of any juvenile, staff member, volunteer, or visitor with special health care or mobility needs; and

(H) the location and means of reaching an emergency site if evacuating the center, including the following:

(i) Safely transporting the juveniles, including juveniles with special health care or mobility needs;

(ii) transporting emergency supplies, including water, food, clothing, blankets, and medications; and

(iii) obtaining emergency medical care.

(2) The emergency plan shall be kept on file in the center.

(3) Each staff member shall be informed of and shall follow the emergency plan.

(4) The emergency plan shall be reviewed annually.

(5) The location and means of reaching the shelter-in-place area or an emergency site if evacuating shall be posted in a conspicuous place in the center.

(b) Fire drills. Each permittee and each licensee shall ensure that a fire drill is conducted six times per year and is scheduled to allow participation by each juvenile. The date and time of each drill shall be recorded and kept on file at the center for one calendar year.

(c) Tornado drills. Each permittee and each licensee shall ensure that a tornado drill is conducted six times per year and is scheduled to allow participation by each juvenile. The date and time of each drill shall be recorded and kept on file at the center for one calendar year.

(d) Direct supervision and reporting. Each permittee and each licensee shall implement policies and procedures that include the use of a combination of direct supervision, inspection, and accountability to promote safe and orderly operations. The policies and procedures shall be developed with input from local law enforcement and shall include all of the following requirements:

(1) Written shift assignments shall state the duties and responsibilities for each staff member.

(2) A shift report prepared and maintained by supervisory staff members shall document routine and emergency situations.

(3) Security devices, including locking mechanisms on doors and any delayed-exit mechanisms on doors, shall have current written approval from the state fire marshal and shall be regularly inspected and maintained, with any corrective action completed as necessary and recorded.

(4) The use of mace, pepper spray, and other chemical agents shall be prohibited.

(5) No juvenile shall have access to any weapons.

(6) Provisions shall be made for the control and use of keys, tools, medical supplies, and culinary equipment.

(7) No juvenile or group of juveniles shall exercise control or authority over another juvenile, have access to the records of another juvenile, or have access to or the use of keys that control security.

(8) Provisions shall be made for handling runaways and unauthorized absences of juveniles.

(9) Provisions shall be made for safety and security precautions pertaining to any vehicles used to transport juveniles.

(10) Procedures shall ensure the prompt reporting of any illegal act committed in the facility.

(11) Provisions shall be made for the control of prohibited items and goods, including the screening and searches of juveniles and visitors and searches of rooms, spaces, and belongings.

(12) Procedures shall ensure the documentation of all incidents. The procedures shall include the following:

(A) A written report of each incident shall be submitted to the administrative director no later than the end of the shift during which the incident occurred. A copy of each report shall be kept in the record of each juvenile involved in the incident.

(B) A report of each incident shall be made as required in K.A.R. 30-47-122.

(e) Storage and use of hazardous substances and unsafe items. Each permittee and each licensee shall ensure that the following requirements are met for the storage and use of hazardous substances and unsafe items:

(1) No juvenile shall have unsupervised access to poisons, hazardous substances, or flammable materials. These items shall be kept in locked storage when not in use.

(2) Provisions shall be made for the safe and sanitary storage and distribution of personal care and hygiene items. The following items shall be stored in an area that is either locked or under the control of staff members:

(A) Aerosols;

(B) alcohol-based products;

(D) razors, blades, and any other sharp items.

(3) Policies and procedures shall be developed and implemented for the safe storage and disposal of prescription and nonprescription medications.

(A) All prescription and nonprescription medications shall be stored in a locked cabinet located in a designated area accessible to and supervised by staff members only.

(B) All refrigerated medications shall be stored under all food items in a locked refrigerator, in a refrigerator in a locked room, or in a locked medicine box in a refrigerator.

(D) All unused medications shall be accounted for and disposed of in a safe manner, including being returned to the pharmacy, transferred with the juvenile, or safely discarded.

(4) Each center shall have first-aid supplies, which shall be stored in a locked cabinet located in a designated area accessible to and supervised by staff members only.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-112 Admission policies

(a) A juvenile shall be admitted if all of the following conditions are met:

(1) The clinical director determines that the juvenile is in need of treatment and likely to cause harm to self or others.

(2) A qualified mental health professional has given written authorization for the juvenile to be admitted to a juvenile crisis intervention center.

(3) No other more appropriate treatment services are available and accessible to the juvenile at the time of admission.

(b) All written admission policies and procedures of the center shall conform with its stated goals and purposes.

(1) Upon admission, the administrative director or designee shall notify the managed care organization, if applicable.

(2) The managed care organization shall review services as recommended by the clinical director.

(d) A juvenile shall not stay in a juvenile crisis intervention center for more than 30 days.

(e) Admission procedures shall include the following:

(1) Collecting identifying information;

(2) completing a health history checklist, which shall be completed on a form approved by the secretary and shall include a description of any bruises, abrasions, symptoms of illness, and current medications;

(3) assessing the juvenile's suicide risk potential, assault potential, escape risk, and mental health needs;

(4) conducting an intake interview;

(5) distributing personal hygiene items;

(6) providing for a shower and hair care;

(7) issuing clean, laundered clothing, if necessary;

(8) assigning the juvenile to a sleeping room; and

(9) providing an orientation to the juvenile crisis intervention center in a manner that is understandable to the juvenile.

(f) Completion of the orientation and receipt of all written orientation materials shall be documented by a signed statement from the juvenile.

(g) The admitting staff member shall inventory and document the juvenile's clothing and personal possessions and their disposition, specify any access the juvenile may have to these items, and provide for safe storage at the center. Each inventory shall include a written list of all money and personal property of the juvenile, shall be signed by the juvenile and the admitting staff member, and shall be kept with the juvenile's record. If the juvenile refuses to sign the inventory, the refusal shall be documented in the juvenile's record.

(h) No juvenile who shows evidence during the screening process of being seriously physically ill, injured, or under the influence of alcohol or drugs shall be admitted until the juvenile is examined and approved for admission by a licensed physician. If a juvenile is approved for admission to the center but is not admitted immediately due to hospitalization for illness, injury, or being under the influence of alcohol or drugs, the center shall accept the juvenile upon discharge from the hospital.

(i) A permittee, licensee, or employee of a juvenile crisis intervention center shall not accept permanent legal guardianship of a juvenile placed at the center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-113 Rights of juveniles

The rights of juveniles while in the permittee's or licensee's care or control shall not be diminished or denied for disciplinary reasons. Each administrative director shall establish and implement written policies and procedures concerning the rights of the juveniles. These policies and procedures shall provide that juveniles are ensured their rights, unless it is necessary to maintain order and security in the center or these rights are contrary to a juvenile's approved case plan. These policies and procedures shall ensure the following:

(a) Freedom from personal abuse, corporal or unusual punishment, excessive use of force, humiliation, harassment, mental abuse, and punitive interference with the daily functions of living, including eating and sleeping;

(b) freedom from discrimination based on race, color, ancestry, religion, national origin, sex, or disability, including full and equal enjoyment of programs, services, facilities, privileges, advantages, or accommodations of the facility by persons with disabilities;

(d) receipt and explanation of written rules and grievance procedures of the center, in a language that the juvenile can understand;

(e) opportunity for physical exercise on a daily basis, including outdoor exercise if weather permits;

(f) participation in religious worship and religious counseling on a voluntary basis, subject only to the limitations necessary to maintain order and security;

(g) reasonable religious diets;

(h) the right to wear personal clothing consistent with center guidelines. If the center provides clothing, it shall be of proper size and shall be consistent with center guidelines;

(i) access to the courts and confidential contact with attorneys, judges, parents, social workers, and other professionals, including telephone conversations, visits, and correspondence;

(j) medical treatment and emergency dental care, a medically proper diet, and the right to know what and why medications are being prescribed;

(k) the right to send and receive uncensored mail in accordance with the center's policies;

(l) the right to receive visitors and communication in accordance with the center's visitation policies;

(m) the right to determine the length and style of hair, unless a licensed physician determines that a haircut is medically necessary; and

(n) the right to keep facial hair, if desired, unless a licensed physician determines that removal is medically necessary for health and safety.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-114 Release policies

(a) Within seven days before the release of a juvenile from the center, the administrative director shall give written notice of the date and time of release to the juvenile; the community mental health center serving the area where the juvenile is being released; the juvenile's parent, custodian, or legal guardian; and if the juvenile is a medicaid recipient, the managed care organization. Releases and aftercare plans shall be coordinated with the appropriate community mental health center, managed care organization, substance abuse treatment providers, and other health or mental health care providers after consultation and agreement regarding transitioning the juvenile from the center, transferring treatment plans, and obtaining any needed aftercare services.

(b) Temporary releases for court attendance, medical appointments, placement visits, or other necessary purposes shall be permitted when authorized by the parent or legal guardian or the court.

(c) The administrative director or designee shall provide release forms to be signed by the person to whom the juvenile is released and by the staff member releasing the juvenile.

(d) Procedures and practices for the discharge of juveniles shall include provisions for the following:

(1) Verification of identity of the juvenile and the person to whom the juvenile is released;

(2) completion of any pending actions, including any grievances or claims for damages or lost possessions;

(3) transportation arrangements;

(4) instructions for forwarding mail; and

(5) return of money and personal property to the juvenile. A receipt for all money and personal property shall be signed by the juvenile.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-115 Case management

(a) Each permittee and each licensee shall ensure that case management is provided for each juvenile. Each permittee and each licensee shall ensure that a case manager is assigned to provide or coordinate the case management for each juvenile.

(b) Each permittee and each licensee shall ensure that a case plan is developed within three days of each juvenile's admission to the center and implemented with the input, as appropriate, of the juvenile, the placing agent, the juvenile's parent or legal guardian, and staff members. Each case plan shall list goals for the juvenile while at the center and upon release and identify the services needed by the juvenile to meet the goals.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-116 Program

(a) General requirements.

(1) Each permittee and each licensee shall keep documentation of each juvenile's preadmission evaluation in the juvenile's file. Each evaluation shall include an assessment of the juvenile's mental health and current needs.

(2) An interdisciplinary treatment team shall develop a case plan for each juvenile admitted to the juvenile crisis intervention center within three days of admission. The team shall review the case plan every seven days and shall update the case plan as necessary. Each review shall be documented and signed by the clinical director or the clinical director's designee.

(3) The treatment team shall be headed by the clinical director or the clinical director's designee.

(4) The case plan shall be completed in collaboration with the managed care organization if the juvenile is a medicaid recipient.

(5) Each applicant, each permittee, and each licensee shall maintain a written schedule and daily routine for all juveniles, which shall include the following:

(A) Meals;

(B) rest and sleep;

(D) physical exercise;

(E) recreation;

(F) mental health services;

(G) education; and

(H) social services.

(6) Classroom instruction or online education, or both, shall be provided and monitored by teachers holding appropriate certification from the Kansas board of education.

(7) Each permittee and each licensee shall coordinate education services with the local school district. During the local school year, each juvenile shall receive instruction according to the provisions of the juvenile's case plan.

(8) For each juvenile currently enrolled in a Kansas public school, each permittee and each licensee shall maintain contact with the juvenile's home school district to ensure the continuity of each juvenile's education.

(9) The teachers shall provide a regular schedule of instruction and related educational services appropriate to the needs of each juvenile.

(b) Recreation.

(1) Each juvenile crisis intervention center shall provide indoor and outdoor recreational areas and equipment where security and direct supervision can be easily maintained. Unless restricted for health reasons, all juveniles shall be allowed to engage in supervised indoor and outdoor recreation on a daily basis.

(2) Art and craft supplies, books, current magazines, games, and other indoor recreational materials shall be provided for leisure-time activities.

(1) Work assignments shall not be used as a substitute for recreation.

(2) Juveniles shall be prohibited from performing the following duties:

(A) Any personal services for staff members;

(B) cleaning or maintaining areas away from the center;

(D) any work requiring the use of sharp instruments, tools, or poisonous chemicals.

(3) All work assignments performed by juveniles shall be on-site.

(d) Visitation and communication.

(1) Each permittee and each licensee shall provide telephone and contact visitation rights for parents, legal guardians, legal representatives, and other visitors approved by staff members designated by the administrative director. Private telephone conversation and visitation shall be allowed, except when a need to protect the juvenile is clinically indicated, as documented in the juvenile's case plan.

(2) Each permittee and each licensee shall have written policies and procedures regarding telephone use, personal cell phone access and use, and visitation available to all juveniles, parents, legal guardians, and legal representatives.

(3) A juvenile shall not be denied the right to contact an attorney or court counselor. No court counselor or attorney shall be refused visitation with a juvenile to whom the counselor or attorney is assigned.

(4) Staff members shall not censor mail or written communication, except to check for contraband, unless censorship is clinically indicated. Suspect mail shall be opened by staff members in the presence of the addressee. If mail is to be read, the juvenile shall be informed in advance and shall be present when the mail is opened. The reason for each occasion of censorship shall be documented and kept in the juvenile's record.

(5) Various means of communication shall be available to each juvenile to allow for at least one contact per week, including electronic communication, phone calls, and U.S. mail.

(6) First-class letters and packages shall be forwarded after the transfer or release of each juvenile.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-128, 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-117 Health care

(a) Policies and procedures for juvenile health care. Each permittee and each licensee, in consultation with a licensed physician, shall implement written policies and procedures that include provisions for the following:

(1) Completion of a health checklist and review for each juvenile upon admission, including the following:

(A) Current physical health status, including oral health;

(B) all allergies, including medication, food, plant, and animal;

(D) preexisting medical conditions;

(E) current mood and affect;

(F) history and indicators of self-harming behaviors or suicidal tendencies;

(G) all infectious or contagious diseases;

(H) current immunizations specified in K.A.R. 28-1-20 or an exemption for medical or religious reasons pursuant to K.S.A. 65-508, and amendments thereto;

(I) all drug or alcohol use;

(J) all current medications;

(K) all physical disabilities;

(L) all sexually transmitted diseases; and

(M) if a female juvenile, menstrual history and any history of pregnancy;

(2) follow-up health care, including a health assessment and referrals for any concerns identified in the health checklist and review;

(3) if medically indicated, all required chronic care, convalescent care, and preventive care, including immunizations;

(4) care for minor illness, including the use and administration of prescription and nonprescription drugs;

(5) care for juveniles under the influence of alcohol or other drugs;

(6) infection-control measures and universal precautions to prevent the spread of blood-borne infectious diseases, including medically indicated isolation; and

(7) maternity care as required by K.A.R. 28-4-279.

(b) Physical health of juveniles. Each permittee and each licensee shall ensure that emergency medical and dental care is obtained for each juvenile by providing timely access to basic, emergency, and specialized medical, mental health, and dental care and treatment services provided by health care providers.

(1) Each permittee and each licensee shall ensure that a health checklist is completed for each juvenile at the time of admission by the staff member who admits the juvenile. The health checklist shall serve as a guide to determine whether a juvenile is in need of medical or dental care and to determine whether the juvenile is using any prescribed medications.

(2) Each permittee and each licensee shall ensure that a licensed physician, a physician's assistant operating under a written protocol as authorized by a responsible physician, or an advanced practice registered nurse is contacted at the time of admission for any juvenile who is taking a prescribed medication to assess the need for continuation of the medication.

(3) Each change of prescription or directions for administering a prescription medication shall be ordered by the authorized medical practitioner with documentation placed in the juvenile's record. Prescription medications shall be administered only to the designated juvenile as ordered by the authorized medical practitioner.

(4) Nonprescription and prescription medication shall be administered only by a designated staff member who has received training on medication administration approved by the secretary. Each administration of medication shall be documented in the juvenile's record with the following information:

(A) The name of the staff member who administered the medication;

(B) the date and time the medication was given;

(D) each alteration in the administration of the medication from the instructions on the medication label and documentation of the alteration; and

(E) each missed dose of medication and documentation of the reason the dose was missed.

(5) Within 72 hours of each juvenile's admission, an authorized medical practitioner shall review the health checklist and conduct a health assessment.

(6) Each permittee and each licensee shall ensure that a licensed physician, a physician's assistant operating under a written protocol as authorized by a responsible physician, or an advanced practice registered nurse is contacted for each juvenile who has acute symptoms of illness or who has a chronic illness.

(7) Each licensee shall ensure that each resident receives a screening for symptoms of tuberculosis. A Mantoux test, a tuberculin blood assay test, or a chest X-ray shall be required if any of the following occurs:

(A) The resident has a health history or shows symptoms compatible with tuberculosis.

(B) The location of the JCIC is in an area identified by the local health department or the secretary as a high-risk area for tuberculosis exposure.

(D) If there is a positive reaction to the diagnostic procedures, proof of proper treatment or prophylaxis shall be required. Documentation of the test, X-ray, or treatment results shall be kept on file in the juvenile's health record, and the county health department shall be informed of the results.

(8) Each permittee and each licensee shall ensure that the use of tobacco by any juvenile while in care is prohibited unless nicotine replacement is medically prescribed.

(c) Emergency medical treatment. Each permittee and each licensee shall ensure that the following requirements are met for the emergency medical treatment of each juvenile:

(1) The juvenile's medical record and health assessment forms shall be taken to the emergency room with the juvenile.

(2) A staff member shall accompany the juvenile to emergency care and shall remain with the juvenile while the emergency care is being provided or until the juvenile is admitted. This arrangement shall not compromise the direct supervision of the other juveniles in the center.

(d) Oral health of juveniles. Each permittee and each licensee shall ensure that the following requirements are met for the oral health of juveniles:

(1) Each juvenile shall receive emergency dental care as needed.

(2) A plan shall be developed and implemented for oral health education.

(e) Personal health and hygiene of juveniles. Each permittee and each licensee shall ensure that the following requirements are met for the personal health and hygiene of the juveniles:

(1) Each juvenile shall have access to drinking water, a lavatory, and a toilet.

(2) Each juvenile shall be given the opportunity to bathe upon admission and daily.

(3) Each juvenile shall be provided with toothpaste and an individual toothbrush.

(4) Each juvenile shall be given the opportunity to brush that juvenile's teeth after each meal.

(5) Opportunities shall be available to each juvenile for daily shaving.

(6) Each juvenile's washable clothing shall be changed and laundered at least twice a week. Clean underwear and socks shall be available to each juvenile on a daily basis.

(7) Each female juvenile shall be provided personal hygiene supplies for use during that juvenile's menstrual cycle.

(8) Clean, individual washcloths and bath towels shall be issued to each juvenile at least twice each week.

(9) Each juvenile shall be allowed to have at least eight hours of sleep each night.

(f) Personal health of staff members and volunteers. Each staff member and each volunteer shall meet the following requirements:

(1) Be free from all infectious or contagious disease requiring isolation or quarantine as specified in K.A.R. 28-1-6 and K.S.A. 65-101 and K.S.A. 65-128, and amendments thereto;

(2) be able to perform that individual's essential job functions and not pose a direct threat to the health, safety, or welfare of the juveniles, that individual, or other employees that cannot be eliminated or reduced by reasonable accommodation;

(3) not possess, use, or be under the influence of illegal drugs;

(4) not use or be impaired by alcohol at the center; and

(5) not be impaired by any substance at the center to the extent that it causes the individual to pose a direct threat to the health, safety, or welfare of others.

(g) Each permittee and each licensee shall ensure that tobacco products are not used inside the center. Tobacco products shall not be used by staff members or volunteers in the presence of juveniles.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-118 Behavior management

(a) Each applicant, each permittee, and each licensee shall establish and implement written policies providing for a behavior management system that assists juveniles to develop inner control and manage their own behavior in a socially acceptable manner. The policy shall include expectations that are age-appropriate and allow for special abilities and limitations and positive and negative consequences related to each expectation.

(b) Each applicant shall establish written rules of juvenile conduct that define expected behaviors and related consequences.

(c) A rule book containing expected behaviors, ranges of consequences, and disciplinary procedures shall be given to each juvenile and staff member. An acknowledgment of receipt of the rule book shall be signed by each juvenile and kept in each juvenile's record.

(d) If a literacy or language problem prevents a juvenile from understanding the rule book, a staff member or translator shall assist the juvenile in understanding the rules.

(e) Each staff member shall be familiar with the rules of juvenile conduct, the rationale for the rules, and the intervention options available.

(f) Each permittee and each licensee shall ensure that each juvenile is protected against all forms of neglect, exploitation, and degrading forms of discipline.

(1) No staff member or volunteer shall use any of the following means or methods of punishment of a juvenile:

(A) Punishment that is humiliating, frightening, or physically harmful to the juvenile;

(B) corporal punishment, including hitting with the hand or any object, yanking arms or pulling hair, excessive exercise, exposure to extreme temperatures, and any other measure that produces physical pain or threatens the juvenile's health or safety;

(D) confining a juvenile in a closet, box, or locked area;

(E) forcing or withholding food, rest, or toilet use;

(F) mental and emotional cruelty, including verbal abuse, derogatory remarks about a juvenile or the juvenile's family, statements intended to shame, threaten, humiliate, or frighten the juvenile, and threats to expel a juvenile from the center; or

(G) placing any substance that stings, burns, or has a bitter or unpleasant taste in the juvenile's mouth or on the tongue or any other part of the juvenile's body as discipline.

(2) No staff member or volunteer shall make sexual remarks or advances toward, or engage in physical intimacies or sexual activities with, any juvenile.

(3) No staff member or volunteer shall exercise undue influence or duress over any juvenile, including promoting sales of services or goods, in a manner that would exploit the juvenile for the purpose of financial gain, personal gratification, or advantage of the juvenile, staff member, volunteer, or a third party.

(g) Each staff member and each volunteer shall be prohibited from using medications, herbal or folk remedies, and drugs to control or manage any juvenile's behavior, except as prescribed by a licensed physician, a physician's assistant operating under a written protocol as authorized by a responsible physician, or an advanced practice registered nurse.

(h) No juvenile shall be forced to participate in any publicity or promotional activities.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-119 Restraint

(a) Each applicant, each permittee, and each licensee shall establish and implement written policies and procedures that govern the use of restraint. Restraint methods and safety intervention programs shall be preapproved by the secretary. These policies and procedures shall include the following:

(1) Limitations on the use of physical restraint when the behavior of the juvenile is a danger to self or others or directly affects an individual's health, safety and welfare.

(2) permission to use physical restraint only if all other less restrictive methods of controlling the juvenile's dangerous behavior were attempted and failed;

(3) a statement that chemical agents are administered only upon order of a licensed physician;

(4) a statement that psychotropic medications are not to be used for disciplinary reasons; and

(5) a statement that psychotropic medications are to be administered only when medically necessary upon order of the juvenile's licensed physician.

(b) The restraints selected shall be the least restrictive measure necessary to prevent injury to the juvenile or others.

(d) Each administrative director of a center that uses restraint shall develop and ensure implementation of a comprehensive policy on the use of each restraint. The policy shall identify the following:

(1) The name of the safety intervention program used by the center;

(2) documentation that each staff member authorized to use a restraint has been trained in the safety intervention program used by the center;

(3) the forms of restraint in use at the center, demonstrating that each specified form of restraint is required to appropriately serve juveniles;

(4) specific criteria for the use of each form of restraint;

(5) the staff members authorized to approve the use of each form of restraint;

(6) the staff members authorized and qualified to administer or apply each form of restraint;

(7) the procedures for application or administration of each form of restraint;

(8) the procedures for monitoring any juvenile placed in each form of restraint;

(9) any limitations on the use of each form of restraint, including time limitations;

(10) the procedures for immediate, continual review of restraint placements for each form of restraint, except passive physical restraint; and

(11) procedures for comprehensive recordkeeping concerning all incidents involving the use of restraint, including incidents of passive physical restraint if it is used in conjunction with or leads to the use of any other form of restraint.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-120 Isolation

(a) Isolation shall not be permitted within a juvenile crisis intervention center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-121 Records

(a) Recordkeeping system. Each applicant, each permittee, and each licensee shall ensure that there is an organized recordkeeping system for the center, which shall include the following:

(1) Provisions shall be made for the security, confidentiality, preservation, and transfer of all juvenile records.

(2) All records shall be available at the center for review by the department.

(b) Juvenile records.

(1) Each permittee and each licensee shall maintain an individual record for each juvenile, which shall include the following information:

(A) Documentation of the preadmission screening;

(B) the admissions form;

(D) a record of the juvenile's personal possessions as specified in K.A.R. 30-47-112;

(E) a health record that meets the requirements in K.A.R. 30-47-117;

(F) a copy of each written report of any incidents involving the juvenile and specified in K.A.R. 30-47-119 and K.A.R. 30-47-122;

(G) documentation of the juvenile's receipt of the center's rule book; and

(H) the juvenile's case plan.

(2) Provisions shall be made for the secure transfer of each juvenile's complete record upon release of the juvenile. All information that cannot be transferred at the time of the release of the juvenile shall be securely transferred within 72 hours of the release of the juvenile.

(3) Information from a juvenile's record shall not be released without written permission from the court, the Kansas department for children and families, or the juvenile's parent or legal guardian.

(c) Staff member records. Each permittee and each licensee shall maintain an individual record for each staff member, which shall include the following information:

(1) The application for employment, including the staff member's qualifications, references, and dates of previous employment;

(2) a copy of each applicable current professional license, certificate, or registration;

(3) the staff member's current job responsibilities;

(4) a health record that meets the requirements in K.A.R. 30-47-117, including a record of the results of each health examination and each tuberculosis test;

(5) a copy of a valid driver's license of a type appropriate for the vehicle being used, for each staff member who transports any juvenile;

(6) documentation of all orientation and in-service training required in K.A.R. 30-47-109;

(7) documentation of training in medication administration if medication administration is included in the staff member's job duties;

(8) a copy of each grievance or incident report concerning the staff member, including documentation of the resolution of each report; and

(9) documentation that the staff member has read, understands, and agrees to all of the following:

(A) The requirements for the mandatory reporting of suspected child abuse, neglect, and exploitation;

(B) all regulations governing juvenile crisis intervention centers;

(D) the confidentiality of juvenile information.

(d) Volunteer records. Each permittee and each licensee shall maintain an individual record for each volunteer at the facility, which shall include the following:

(1) The application for volunteering at the center;

(2) the volunteer's responsibilities at the center;

(3) a health record that demonstrates compliance with K.A.R. 30-47-117(f), including a record of the results of each health examination and each tuberculosis test, for each volunteer in contact with juveniles;

(4) documentation of all orientation and in-service training required for volunteers in K.A.R. 30-47-109;

(5) a copy of each grievance or incident report concerning the volunteer, including documentation of the resolution of each report; and

(6) documentation that the volunteer has read, understands, and agrees to all of the following:

(A) The requirements for the mandatory reporting of suspected child abuse, neglect, and exploitation;

(B) all regulations governing juvenile crisis intervention centers;

(D) the confidentiality of juvenile information.

(e) Center records. Each applicant, each permittee, and each licensee shall ensure that the center records are completed and maintained. These records shall include the following information:

(1) Documentation of the requests submitted to the department for background checks in order to meet the requirements of K.A.R. 30-47-105;

(2) documentation of notification to and consultation with the local and home school districts as specified in K.A.R. 30-47-103;

(3) documentation of each approval granted by the secretary for each change, exception, or amendment;

(4) the center's policies and procedures;

(5) all documentation specified in K.A.R. 30-47-111 for emergency plans, fire and tornado drills, and written policies and procedures on the security of the juveniles;

(6) all documentation specified in K.A.R. 30-47-111 for the inspection and the maintenance of security devices, including locking mechanisms and any delayed-exit mechanisms on doors;

(7) documentation of approval of any private water or sewage systems as specified in K.A.R. 30-47-107;

(8) documentation of compliance with all local and state building codes, fire safety requirements, and zoning codes;

(9) all documentation specified in K.A.R. 30-47-126 for transportation;

(10) documentation of vaccinations for any animal kept on the premises, as required by K.A.R. 30-47-127;

(11) a copy of each service contract and agreement; and

(12) information available to the department regarding the following:

(A) The number of admissions and releases and the length of stay for each juvenile admitted to the juvenile crisis intervention center;

(B) services provided to juveniles admitted;

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-122 Notification and reporting requirements

(a)(1) Each permittee and each licensee shall ensure that notification of each of the following is submitted within 12 hours after discovery of the incident or event:

(A) Each incident of suspected child abuse or neglect of a juvenile shall be reported to the department and to law enforcement consistent with the provisions of K.S.A. 2019 Supp. 38-2223, and amendments thereto.

(B) Each incident resulting in the death of a juvenile shall be reported in the following order, if possible:

(i) Law enforcement;

(ii) the department;

(iii) the juvenile's parent or legal guardian; and

(iv) the juvenile's placing agent.

(C) Each incident resulting in the death of a staff member or volunteer while on duty at the center shall be reported to the department and to any other entities according to the center's policies.

(D) Each incident resulting in a serious injury to any juvenile, including burns, lacerations, bone fractures, substantial hematomas, and injuries to internal organs, shall be reported in the following order, if possible:

(i) The department;

(ii) the parent or legal guardian of any juvenile involved in the incident; and

(iii) the placing agent of any juvenile involved in the incident.

(E) Each suicide attempt by a juvenile shall be reported to the following:

(i) Law enforcement consistent with the provisions of K.S.A. 2019 Supp. 38-2223, and amendments thereto;

(ii) the department;

(iii) the juvenile's parent or legal guardian; and

(iv) the juvenile's placing agent.

(F) Each natural disaster shall be reported to the department.

(G) Each instance of work stoppage shall be reported to the department.

(H) Each incident that involves a riot or the taking of hostages shall be reported to the department and to law enforcement.

(I) Each incident resulting in structural damage at the center, whether caused by fire or another means, shall be reported to the department and, if applicable, to law enforcement.

(J) Each incident that involves any suspected illegal act committed by a juvenile while in the center or by a staff member or a volunteer while on duty at the center shall be reported to law enforcement and the department according to the center's policies.

(2) If any juvenile, staff member, or volunteer contracts a reportable infectious or contagious disease specified in K.A.R. 28-1-2, the permittee or licensee shall ensure that a report is submitted to the local county health department within 24 hours, excluding weekends and holidays.

(b) Each permittee and each licensee shall complete a written report within five calendar days after the discovery of any incident or event identified in subsection (a). A copy of each written report shall be kept on file at the center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-123 Laundry; bedding

(a) If laundry is done at the center, each permittee and each licensee shall ensure that the laundry sinks, the appliances, and the countertops or tables used for laundry are located in an area separate from food preparation areas and are installed and used in a manner that safeguards the health and safety of the juveniles. Adequate space shall be allocated for the laundry room and the storage of laundry supplies, including locked storage for all poisonous chemicals used in the laundry area.

(b) Each permittee and each licensee shall ensure that adequate space is allocated for the storage of clean and dirty linen and clothing. Soiled linen shall be stored separately from clean linen.

(c) Each permittee and each licensee shall ensure that blankets are laundered whenever soiled. Blankets shall be laundered or sanitized before reissue.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-124 Food services

Each permittee and each licensee shall ensure that food preparation, service, and safety meet the requirements of this regulation. For purposes of this regulation, "food" shall include beverages.

(a) Each individual engaged in food preparation and food service shall use sanitary methods of food handling, food service, and storage. Only authorized individuals shall be in the food preparation area.

(b)(1) Each individual who has any symptoms of an illness, including fever, vomiting, and diarrhea, shall be excluded from the food preparation area and shall remain excluded from the food preparation area until the individual has been asymptomatic for at least 24 hours or provides the administrative director with written documentation from a health care provider stating that the symptoms are from a noninfectious condition.

(2) Each individual who contracts any infectious or contagious disease specified in K.A.R. 28-1-6 shall be excluded from the food preparation area and shall remain excluded from the food preparation area until the isolation period required for that disease is over or until the individual provides the administrative director with written documentation from a health care provider that the individual is no longer a threat to the health and safety of others when preparing or handling food.

(3) Each individual with an open cut or abrasion on the hand or forearm or with a skin sore shall cover the sore, cut, or abrasion with a waterproof barrier before handling or serving food.

(c)(1) The hair of each individual shall be restrained when the individual is handling food.

(2) Each individual handling or serving food shall comply with both of the following requirements for handwashing:

(A) Each individual shall wash that individual's hands and exposed portions of the individual's arms before working with food, after using the toilet, and as often as necessary to keep the individual's hands clean and to minimize the risk of contamination.

(B) Each individual shall use an individual towel, disposable paper towels, or an air dryer to dry that individual's hands.

(3) Each individual preparing or handling food shall minimize bare hand and bare arm contact with exposed food that is not in a ready-to-eat form. Except when washing fruits and vegetables, no individual handling or serving food may contact exposed, ready-to-eat food with the individual's bare hands.

Each individual shall use single-use gloves, food-grade tissue paper, dispensing equipment, or utensils, including spatulas and tongs, when handling or serving exposed, ready-to-eat food.

(d)(1) If food is prepared on the center premises, the food preparation area shall be separate from the eating area, activity area, laundry area, and bathrooms and shall not be used as a passageway during the hours of food preparation and cleanup.

(2) All surfaces used for food preparation and tables used for eating shall be made of smooth, nonporous material.

(3) Before and after each use, all food preparation surfaces shall be cleaned with soapy water and sanitized by use of a solution of one ounce of bleach to one gallon of water or a sanitizing solution used in accordance with the manufacturer's instructions.

(4) Before and after each use, the tables used for eating shall be cleaned by washing with soapy water.

(5) All floors shall be swept daily after each meal and whenever spills occur.

(6) Garbage shall be disposed of in a garbage disposal or in a covered container. If a container is used, the garbage shall be removed as needed to prevent overflow and control odor, and at the end of each day.

(7) Each food preparation area shall have handwashing fixtures equipped with soap and hot and cold running water and with individual towels, paper towels, or air dryers. Each sink used for handwashing shall be equipped to provide water at a temperature of at least 100 degrees Fahrenheit. The water temperature shall not exceed 120 degrees Fahrenheit. If the food preparation sink is used for handwashing, the sink shall be sanitized before using it for food preparation by use of a solution of 1/4 cup of bleach to one gallon of water.

(8) Clean linen used for food preparation or service shall be stored separately from soiled linen.

(e)(1) All food shall be stored and served in a way that protects the food from crosscontamination.

(2)(A) All food not requiring refrigeration shall be stored at least six inches above the floor in a clean, dry, well-ventilated storeroom or cabinet in an area with no overhead drain or sewer lines and no vermin infestation.

(B) Dry bulk food that has been opened shall be stored in metal, glass, or food-grade plastic containers with tightly fitting covers and shall be labeled with the contents and the date opened.

(3) Food shall not be stored with poisonous or toxic materials. If cleaning agents cannot be stored in a room separate from food storage areas, the cleaning agents shall be clearly labeled and kept in locked cabinets not used for the storage of food.

(4)(A) All perishables and potentially hazardous foods requiring refrigeration shall be continuously maintained at 41 degrees Fahrenheit or lower in the refrigerator or 0 degrees Fahrenheit in the freezer.

(B) Each refrigerator and each freezer shall be equipped with a visible, accurate thermometer.

(D) All food stored in the refrigerator shall be covered, wrapped, or otherwise protected from contamination. Unserved, leftover perishable foods shall be dated, refrigerated immediately after service, and eaten or disposed of within three days.

(E) Raw meat shall be stored in the refrigerator in a manner that prevents cross contamination of other food.

(F) Ready-to-eat, commercially processed foods shall be eaten or disposed of within five days after opening the package.

(f)(1) Hot foods that are to be refrigerated shall be transferred to shallow containers in layers less than three inches deep and shall not be covered until cool.

(2) All cooked foods shall be cooled in a manner to allow the food to cool within two hours from 135 degrees Fahrenheit to 70 degrees Fahrenheit or within six hours from 135 degrees Fahrenheit to 41 degrees Fahrenheit.

(g) All of the following requirements shall be met when meals or snacks are prepared on the center premises:

(1) All dairy products shall be pasteurized. Powdered milk shall be used for cooking only.

(2) Meat shall be obtained from government-inspected sources.

(3) Raw fruits and vegetables shall be washed thoroughly before being eaten or used for cooking.

(4) Frozen foods shall be defrosted in the refrigerator, under cold running water, in a microwave oven using the defrost setting, or during the cooking process. Frozen foods shall not be defrosted by leaving them at room temperature or in standing water.

(5) Cold foods shall be maintained and served at temperatures of 41 degrees Fahrenheit or less.

(6) Hot foods shall be maintained and served at temperatures of at least 140 degrees Fahrenheit.

(7) The following foods shall not be served or kept:

(A) Home-canned food;

(B) food from dented, rusted, bulging, or leaking cans; and

(h) The following requirements shall be met for each meal or snack that is not prepared on the center premises:

(1) The snack or meal shall be obtained from a child care facility licensed by the department or by the secretary of the Kansas department of health and environment or from a food service establishment or a catering service licensed by the secretary of the Kansas department of agriculture.

(2) If food is transported to the center, only food that has been transported promptly in clean, covered containers shall be served to the juveniles.

(i)(1) All table service, serving utensils, and food cooking or serving equipment shall be stored in a clean, dry location at least six inches above the floor. None of these items shall be stored under an exposed sewer line or a dripping waterline or in a bathroom.

(2) Clean table service shall be provided to each juvenile, including dishes, cups or glasses, and forks, spoons, and knives, as appropriate for the food being served.

(3) Clean cups, glasses, and dishes designed for repeat use shall be made of smooth, durable, and nonabsorbent material and shall be free from cracks and chips.

(4) Disposable, single-use table service shall be of food grade and at least medium weight and shall be disposed of after each use.

(5) If nondisposable table service and cooking utensils are used, the table service and cooking utensils shall be sanitized using either a manual washing method or a mechanical dishwasher.

(6)(A) If using a manual washing method, the following requirements shall be met:

(i) A three-compartment sink with hot and cold running water to each compartment and a drainboard shall be used for washing, rinsing, sanitizing, and air-drying.

(ii) An appropriate chemical test kit, a thermometer, or another device shall be used for testing the sanitizing solution and the water temperature.

(B) If using a mechanical dishwasher, the dishwasher shall be installed and operated in accordance with the manufacturer's instructions and shall be maintained in good repair.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A.65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-125 Nutrition

(a) The meals and snacks served at each center shall meet the nutritional needs of the juveniles. The meals and snacks shall include a variety of healthful foods, including fresh fruits, fresh vegetables, whole grains, lean meats, and low-fat dairy products. A sufficient quantity of food shall be prepared for each meal to allow each juvenile second portions of bread and milk and either vegetables or fruit.

(b) Special diets shall be provided for juveniles for either of the following reasons:

(1) Medical indications; or

(2) accommodation of religious practice.

(c) Each meal shall be planned and the menu shall be posted at least one week in advance. A copy of the menu of each meal served for the preceding month shall be kept on file and available for inspection.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-126 Transportation

Each permittee and each licensee shall ensure that all of the following requirements are met when providing transportation for juveniles:

(a) Each permittee and each licensee shall implement policies and procedures for transportation of juveniles, including the following:

(1) Procedures to be followed in case of an accident, injury, or other incident as specified in K.A.R. 30-47-111;

(2) a list of all staff members authorized to transport juveniles; and

(3) for each staff member authorized to transport juveniles, documentation of a valid driver's license that meets the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.

(b) Each permittee and each licensee shall ensure that a safety check is performed on each transporting vehicle before being placed in service and annually. A record of each safety check and all repairs and improvements made shall be kept on file at the center. When any juvenile is transported in a center-owned or center-leased vehicle or a privately owned vehicle, the vehicle shall be in safe working condition to ensure the health, safety, and welfare of all occupants.

(c) Each vehicle used to transport any juvenile shall be covered by accident and liability insurance as required by the state of Kansas.

(d) Each transporting vehicle owned or leased by the center shall have a first-aid kit.

(e) Each vehicle used to transport any juvenile shall be equipped with an individual seat belt for the driver and an individual seat belt for each passenger. The driver and each passenger shall be secured by a seat belt when the vehicle is in motion.

(f)(1) All passenger doors shall be locked while the vehicle is in motion. The driver shall be responsible for ensuring that the vehicle is not in motion if the behavior of the occupants prevents the safe operation of the vehicle. All parts of each juvenile's body shall remain inside the vehicle at all times.

(2) Juveniles shall neither enter nor exit the vehicle from or into a lane of traffic. When the vehicle is vacated, the driver shall make certain that no juvenile is left in the vehicle.

(3) Smoking in the vehicle shall be prohibited.

(g) Each juvenile shall be transported directly to the location designated by the permittee or the licensee. No unauthorized stops shall be made along the way, except in an emergency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-127 Animals

Each permittee and each licensee shall ensure that the following requirements are met for any animals on the center premises:

(a) If any animals are kept on the center premises, the pet area shall be maintained in a sanitary manner, with no evidence of flea, tick, or worm infestation.

(b) No animal shall be in the food preparation area.

(c) Each domesticated dog and each domesticated cat shall have a current rabies vaccination given by a veterinarian. A record of all vaccinations shall be kept on file in the center.

(d) Each animal that is in contact with any juvenile shall meet the following conditions:

(1) Be in good health, with no evidence of disease; and

(2) be friendly and pose no threat to the health, safety, and welfare of juveniles.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-536, 75-3084, and 75-3085; implementing K.S.A. 65-504, 65-508, and 65-536; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-312 Online information dissemination system

This regulation shall apply to the department's online information dissemination system for attendant care facilities, family foster homes, group boarding homes, residential centers, child-placement agencies, detention centers, secure care centers, and staff secure facilities, defined as child care facilities, in K.S.A. 65-503 and K.S.A. 65-535 and amendments thereto and in K.A.R.

(a) Definitions. Each of the following terms shall have the meaning specified in this subsection:

(1) "Applicant" means a person who has applied for a license but who has not yet been granted a license to operate a child care facility. This term shall include an applicant who has been granted a temporary permit to operate a child care facility.

(2) "Attendant care facility" as defined in K.A.R. 28-4-285.

(3) "Child-placement agency" as defined in K.A.R. 30-47-900.

(4) "Department" means the Kansas department for children and families.

(5) "Detention center" as defined in K.A.R. 28-4-350.

(6) "Family foster home" as defined in K.A.R. 30-47-800.

(7) "Group boarding home" as defined in K.A.R. 28-4-268.

(8) "Licensee" means a person who has been granted a license to operate a child care facility.

(9) "Online information dissemination system" means the electronic database of the department that is accessible to the public.

(10) "Residential center" as defined in K.A.R. 28-4-268.

(11) "Secure care center" as defined in K.A.R. 28-4-350.

(12) "Staff secure facility" as defined in K.A.R. 28-4-1250.

(b) Identifying information. Each applicant, each applicant with a temporary permit, and each licensee that wants the department to display the address and the telephone number of the individual's child care facility on the online information dissemination system shall notify the department on a form provided by the department.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-534, 75-3084 and 75-3085; implementing K.S.A. 65-534; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-800 Definitions

For the purposes of this section, the following definitions shall apply:

(a) "Applicant" means a person or persons who have applied for a license but who have not yet been granted a temporary permit or a license to operate a family foster home.

(b) "Age-, or developmentally appropriate," when used to describe activities or items, means that the activities or items are generally accepted as suitable for children of the same chronological age or level of maturity, based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for the age or age group.

(d) "Case plan" means the comprehensive written plan of care developed for each child in foster care by the child's child-placing agent.

(e) "Child in foster care" means any of the following:

(1) Any individual under 16 years of age who has been determined by a court to be a child in need of care and is placed in the custody of the secretary and placed for care in a family foster home or other licensed facility;

(2) any individual under 16 years of age who has been privately placed for care in a licensed family foster home or other licensed facility; or

(3) any individual 16 years of age or older, but not yet 21 years of age, who has been determined by a court to be a child in need of care and is placed in the custody of the secretary and placed for care in a family foster home or other licensed facility or placed in the custody of an individual and privately placed.

(f) "Child-placing agent" means a person or entity that possesses the legal authority to place a child into a family foster home.

(g) "Child-placement agency" means a business or service conducted, maintained, or operated by a person engaged in finding homes for children by placing or arranging for the placement of the children for adoption or foster care.

(h) "De-escalation methods" means the types of intervention used to help reduce a child's level of anxiety or anger. This term shall include physical restraint.

(i) "Department" means Kansas department for children and families.

(j) "Discipline" means positive methods of child behavior management, including instruction, redirection, and de-escalation methods.

(k) "Exception" means an alternative manner of compliance with a specific family foster home regulation or any portion of a specific family foster home regulation that is granted by the secretary to an applicant or a licensee.

(l) "Family foster home" means a child care facility that is a private residence in which an individual person or persons or a married couple resides and provides care for 24 hours a day for one or more children in foster care and for which a license is required by K.A.R. 30-47-801.

(m) "First aid supplies" means a combination of cleansing agents, assorted bandages, disposable gloves, sterile pads, adhesive tape, and elastic bandage.

(n) "Foster family" means all of the individuals living in a family foster home other than the child in foster care. An individual who is living in the family foster home for more than two weeks is considered a foster family member.

(o) "Functional literacy" means the ability to read and write at the level necessary to participate effectively in society.

(p) "High-risk sport or recreational activity" means any sport or recreational activity, including watercraft activities, motorized activities, and the use of a trampoline, that poses a risk of injury to the participant. Safe participation in the high risk sport or recreational activity shall require specialized instruction and may require protective safety gear.

(q) "Licensee" means a person or persons who have been granted a license to operate a family foster home.

(r) "Living space" means the rooms in a family foster home that are used for family activities, including the living room, dining room, family room, game or television room, and sleeping rooms. This term shall not include bathrooms, laundry rooms, and garages.

(s) "Permanency plan" means the comprehensive written plan documenting the goal for each child in foster care.

(t) "Permittee" means a person who has applied for a license and has been granted a temporary permit to operate by the secretary.

(u) "Person-centered plan" means the comprehensive written plan of care developed for each individual receiving home- and community-based services.

(v) "Physical restraint" means the bodily holding of a child in foster care by a caregiver as a means to help the child regain self-control when the child is behaving in a manner that presents a danger to self or others.

(w) "Premises" means the licensed residence including each building and any adjoining grounds.

(x) "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, which a caregiver shall use when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities.

(y) "Relative" means an individual who is related to the child in foster care by blood, marriage, or adoption.

(z) "Relative waiver" means the exemption of compliance with a specific family foster home regulation or any portion of a specific family foster home regulation for the relative of a child without an alternative provision to meet the regulation that is granted by the secretary to an applicant or a licensee.

(aa) "Renewal date" means 12 months after a license has been issued.

(bb) "Secretary" means secretary of the Kansas department for children and families.

(cc) "Smoking" means use of an electronic or lighted cigarette, vaporizer, cigar, pipe, or burning tobacco in any device.

(dd) "Social media" means websites and applications that allow users to create and share social networking content.

(ee) "Sponsoring child-placement agency" means the public or private child-placement agency responsible for sponsoring the family foster home, including providing assessment, training, support, inspection, and monitoring for the licensee's compliance with the regulations governing family foster homes.

(ff) "Substitute caregiver" means an individual 14 years of age or older who provides care and supervision in the family foster home, in the absence of the licensee, for a child in foster care.

(gg) "Water hazard" means a body of water at least 24 inches deep that is not a swimming pool, wading pool, or hot tub.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-801 License required

(a) An individual shall obtain a license to operate a family foster home if providing 24-hour care to one or more children under 16 years of age who are unrelated to the individual, in the absence of the child's parent or guardian.

(b) No individual shall be required to obtain a license to operate a family foster home if the conditions listed in K.S.A. 38-2403 and amendments thereto are met.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084 and 75-3085; implementing K.S.A. 38-2403, 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-802 License requirements

Each individual shall meet the following requirements to obtain a license and to maintain a license:

(a) Submit a complete application for a license on forms provided by the department, including requests for the background checks specified in K.A.R. 30-47-805;

(b) be at least 21 years of age;

(c) have functional literacy and be able to communicate with the department, child-placing agent, sponsoring child-placement agency, child in foster care, health care providers, and other service providers;

(d) have adequate financial resources to provide for the needs and financial obligations of the household, independent of foster care reimbursement payments; provide basic income and expense information to the secretary for review at the time of initial application and annual license renewal; and provide documentation of financial information for review as deemed necessary;

(e) participate in an initial family assessment, a family assessment for each renewal, and any additional family assessments conducted by the sponsoring child-placement agency. Each family assessment shall include at least one individual interview with each household member and at least one visit in the prospective family foster home. The sponsoring child-placement agency shall have discretion for either an interview with or the observation of family members. The interview shall be age- and developmentally appropriate;

(f) meet the training requirements in K.A.R. 30-47-806;

(g) obtain and maintain ongoing sponsorship by a public or private child-placement agency, including a recommendation by the sponsoring child-placement agency that the home be used for placement of children in foster care; and

(h) follow the policies of the sponsoring child-placement agency for the care of each child in foster care.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508; implementing K.S.A. 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-803 Licensing procedure

The granting of a license to any applicant may be refused by the secretary if the applicant is not in compliance with the requirements of the following:

(a) K.S.A. 65-501 through 65-516, and amendments thereto;

(b) K.S.A. 65-523 through 65-529, and amendments thereto;

(d) K.A.R. 30-47-800 through K.A.R. 30-47-825 governing family foster homes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-804 Terms of license; validity of temporary permit or license; renewal license; amendments; exceptions; withdrawal of application or request to close

(a) Terms of license.

(1) A temporary permit or a license may be granted to an applicant for a maximum of four children in foster care, with a maximum total of six children in the home, including the applicant's or licensee's own children under 16 years of age. There shall be no more than two children in the home under 18 months of age.

(2) Each child in foster care shall be at least five years younger than the youngest applicant or licensee.

(3) The maximum number of children and the age range authorized by the temporary permit or license shall not be exceeded and shall be limited by the following:

(A) The number of sleeping rooms that meet the requirements of these regulations;

(B) the assessment and recommendation of the sponsoring child-placement agency; and

(C) the ability of the applicant or licensee to maintain compliance with the statutes and regulations governing family foster homes.

(4) A license to maintain a family foster home shall not be granted or held in conjunction with any license or certificate authorizing another form of child care in a family foster home.

(5) An applicant or a licensee shall not provide care in the family foster home to any adult unrelated to the applicant or licensee.

(b) Validity of temporary permit or license.

(1) Each temporary permit or license shall be valid only for the individual or individuals and the address specified on the temporary permit or license.

(2) Each temporary permit or license shall be posted in plain view in the family foster home.

(3) When an initial or amended license becomes effective, all temporary permits or licenses previously granted to the applicant or licensee at the same address shall become void.

(c) Renewal of license. Before each renewal date, the licensee shall complete and submit an application for renewal on forms provided by the department, including requests for the background checks specified in K.A.R. 30-47-805.

(d) Amendments. Each licensee who intends to change the terms of the license, including the maximum number or the age of children served, shall submit a request for an amendment on a form supplied by the department.

(e) Exceptions.

(1) Any applicant, permittee, or licensee may request an exception to a specific regulation. Each request shall be submitted to the secretary on a form provided by the department. An exception may be granted if the secretary determines that the exception is in the best interest of a child in foster care and the exception does not violate statutory requirements.

(2) Written notice from the secretary stating the nature of the exception and its duration shall be kept on file in the family foster home and shall be readily accessible to the department, the child-placing agent, the sponsoring child-placement agency, and the Kansas department of corrections.

(f) Relative waiver.

(1) Any relative applicant, relative permittee, or relative licensee may request a relative waiver to a specific nonsafety regulation. Each request shall be submitted to the secretary on a form provided by the department. A relative waiver may be granted if the secretary determines that the waiver is in the best interest of a child in foster care and the waiver does not violate statutory requirements.

(2) Written notice from the secretary stating the nature of the waiver and its duration shall be kept on file in the relative family foster home and shall be readily accessible to the department, the child-placing agent, the sponsoring child-placement agency, and the Kansas department of corrections.

(g) Withdrawal of application or request to close. Any applicant may withdraw the application for a license. Any licensee may submit, at any time, a request to close the family foster home operated by the licensee. If an application is withdrawn or a family foster home is closed, the current temporary permit or license granted to the applicant or licensee for that family foster home shall become void.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-805 Background checks

(a) With each initial application, the applicant shall submit documentation for each individual at least 18 years of age or older to request a fingerprint-based background check from the national crime information center (NCIC) database and for each individual at least 10 years of age to request a background check by the Kansas bureau of investigation and a background check by the Kansas department for children and families in order to comply with K.S.A. 65-516, and amendments thereto. Each request shall be submitted to the department on a form provided by the department. The request shall list the required information for the following:

(1) Each individual at least 10 years of age who resides in the family foster home, excluding children placed in foster care; and

(2) each substitute caregiver at least 14 years of age who provides care for a child in foster care in the family foster home.

(b) Each licensee shall submit documentation for each individual at least 18 years of age or older to request a fingerprint-based background check from the national crime information center (NCIC) database, a request to the department to conduct a background check by the Kansas bureau of investigation (KBI) and for each individual 10 years of age and older to request a background check by the Kansas bureau of investigation and of the abuse and neglect registry maintained by the Kansas department for children and families before any of the following occurs:

(1) A new individual at least 10 years of age begins residing in the family foster home.

(2) A new substitute caregiver at least 14 years of age begins caring for the child in foster care in the family foster home.

(c) Each individual submitting an initial application for a family foster home license shall obtain a child abuse and neglect registry background check from each previous state of residence throughout the five-year period before the date of application for each individual at least 18 years of age residing in the home.

(d) Background checks shall be obtained following the procedures of the department.

(e) All fees associated with NCIC checks shall be handled in accordance with department policy.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 2022 Supp. 65-516; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-806 Training

(a) Prelicensure training. Before a license is issued, each applicant shall successfully complete the following:

(1) An instructor-led family foster home preparatory program approved by the department;

(2) an instructor-led first aid training course that includes a post-test;

(3) an instructor-led cardiopulmonary resuscitation (CPR) course that includes a postskills test, applicable for the ages of children to be placed. The licensee shall maintain current CPR certification. The licensee of each family foster home licensed before October 1, 2019 shall complete a CPR course that meets the requirements of this paragraph as part of the annual training;

(4) training in universal precautions; and

(5) training in medication administration.

(b) In-service training. Each licensee shall obtain eight clock-hours of training each licensing year. At least two of the required eight clock-hours shall include instruction between an instructor and participant. The training topics shall provide the opportunity to develop competency in two or more of the following areas:

(1) Advocacy;

(2) attachment issues and disorders;

(3) child development;

(4) crisis management, including intervention techniques for problem or conflict resolution, diffusion of anger, and de-escalation methods;

(5) communicating and connections with birth families;

(6) discipline and behavior management techniques;

(7) human sexuality, including gender identification;

(8) human trafficking and exploitation;

(9) indicators of gang involvement;

(10) indicators of self-harming behaviors or suicidal tendencies and knowledge of appropriate intervention methods;

(11) medical and mental health disorders, treatment modalities, and pharmacology;

(12) principles of trauma-informed care and trauma-specific interventions;

(13) reasonable and prudent parent standard;

(14) regulations governing family foster homes;

(15) report writing and documentation methods; and

(16) resources and services available to youth transitioning to independent living.

(1) Each licensee shall participate in any additional or alternative training required by the sponsoring child-placement agency.

(2) Each licensee using physical restraint shall have a current certificate documenting completion of physical restraint and de-escalation training approved by the secretary.

(d) Failure to meet training requirements.

(1) Each licensee who fails to meet training requirements for any licensing year shall complete a corrective action plan developed with the sponsoring child-placement agency to comply with prior licensing year requirements. The training hours obtained under the corrective action plan shall apply only to the prior licensing year. Failure to successfully complete the corrective action plan within 30 days after the initiation of the corrective action plan may result in an enforcement action.

(2) Each corrective action plan shall include the licensee's plan for maintaining compliance with this regulation.

(3) A licensee shall not accept any new child for placement until the sponsoring child-placement agency documents that the licensee has successfully completed the corrective action plan and the training obtained by the licensee meets the requirements of subsection (b).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-807 Reporting requirements for infectious or contagious disease; positive tuberculin test; critical incidents; abuse and neglect

(a) Reporting infectious or contagious disease. Each licensee shall be responsible for reporting if any resident of the family foster home, including a child in foster care, contracts a reportable infectious or contagious disease specified in K.A.R. 28-1-2, as follows:

(1) Each licensee shall report the disease to the local county health department by the next working day. Each licensee shall follow the protocol recommended by the county health department and shall cooperate with any investigation, disease control, or surveillance procedures initiated by the county health department or the Kansas department of health and environment.

(2) Each licensee shall notify the sponsoring child-placement agency of the incident for each child in foster care.

(b) Hospitalization or emergency room care. If a child in foster care requires hospitalization or emergency room care, the licensee shall immediately notify the child-placing agent and the sponsoring child-placement agency.

(c) Positive tuberculin test. If any individual residing, working, or volunteering in the family foster home who is required to have tuberculin testing has a positive tuberculin test, the licensee shall report the results to the department's tuberculosis (TB) control program by the next working day.

(d) Reporting critical incidents.

(1) Each licensee shall report any of the following critical incidents immediately to the department, the child-placing agent, and the sponsoring child-placement agency:

(A) Any damage to the dwelling or property that affects the structure of the dwelling or the safety of the child in foster care;

(B) the injury of a child in foster care that requires medical treatment by a licensed medical provider; or

(2) Each licensee shall report any of the following critical incidents immediately to the child's child-placing agent and the sponsoring child-placement agency:

(A) A vehicle accident involving any child in foster care;

(B) a missing or runaway child in foster care;

(D) any incident involving the presence of law enforcement; or

(E) all complaint investigations by the department.

(3) Each licensee shall submit a written report for each critical incident specified in paragraphs (d)(1) and (2) to the child-placing agent and the sponsoring child-placement agency by the next working day. This report shall contain the following information:

(A) The child's name and birth date;

(B) the date and time of the incident;

(D) a factual summary of the immediate action taken, including the name of each individual involved;

(E) the signature of the licensee; and

(F) the date of the report.

(4) A copy of each critical incident report shall be available upon request of the department.

(e) Reporting abuse and neglect.

(1) For the purposes of this subsection, "neglect," "physical, mental or emotional abuse," and "sexual abuse" shall have the meanings specified in K.S.A. 38-2202, and amendments thereto.

(2) Each licensee shall report any suspected neglect, physical, mental or emotional abuse, and sexual abuse of a child in foster care within 24 hours of discovery, by telephone or in writing, to the secretary of the Kansas department for children and families and, when immediate harm is suspected, to the local law enforcement agency.

(3) Each licensee shall notify the sponsoring child-placement agency of suspected neglect, physical, mental or emotional abuse, and sexual abuse of a child in foster care within 24 hours of discovery, by telephone or in writing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-808 Recordkeeping requirements; confidentiality

Each licensee shall ensure that all records pertaining to the licensure and operation of the family foster home, including the records specified within this regulation, are kept at the family foster home and are accessible to the department and the sponsoring child-placement agency.

(a) Family foster home records. Each licensee shall keep the following documents in the family foster home:

(1) An approved outdoor safety plan, if applicable;

(2) a copy of the regulations governing family foster homes; and

(3) documentation of accident and liability insurance for each vehicle used to transport children in foster care.

(b) Licensee records. Each licensee shall keep the following documents in a file:

(1) Documentation of the training specified in K.A.R. 30-47-806;

(2) a health assessment, vaccination records, and documentation of a negative tuberculosis test or chest X-ray as required in K.A.R. 30-47-819; and

(3) a copy of a valid driver's license, if applicable. A copy of the license shall also be provided to the sponsoring child-placement agency.

(c) Foster family members' records. The licensee shall maintain the following information for each foster family member, excluding children placed in foster care:

(1) A health assessment that meets the requirements specified in K.A.R. 30-47-819 and documentation of any negative tuberculosis test or chest X-ray;

(2) a current immunization record; and

(3) a copy of a valid driver's license, if transporting any child in foster care. A copy of the license shall also be provided to the sponsoring child-placement agency.

(d) Confidentiality of records of each child in foster care. Each licensee shall keep each child's recorded information confidential. The records shall be kept on file at the family foster home in a manner that ensures confidentiality. Nothing in this regulation shall prevent access to the child's records by the child's child-placing agent, the sponsoring child-placement agency, the department, law enforcement, or the court.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-507 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-809 Basic record information; other required record information; departure requirements

(a) Basic record information. Any licensee may accept a child in foster care for placement if the following information is received before or at the time of placement:

(1) The approval of the sponsoring child-placement agency;

(2) signed medical and surgical consent forms or, in the case of an after-hours emergency placement, a provision for obtaining medical and surgical consent forms;

(3) a completed placement agreement or a completed emergency placement form;

(4) a description of the circumstances leading to the current placement and, if known, the reason that the child in foster care came into custody;

(5) a description of the child's recent circumstances, including any medical problems, mental health concerns, and safety concerns, including any assaultive behavior and victimization concerns;

(6) information about the child's medication and dietary needs and the name of each of the child's current health care providers, if known;

(7) any allergies from which the child suffers, if known;

(8) the name, address, and telephone number of the contact individual for the last educational program the child attended;

(9) a copy of the court order or other document placing the child in foster care;

(10) a designation of the race or cultural heritage of the child, including tribal affiliation, if any;

(11) the name, address, and telephone number of the child's parents or legal guardian;

(12) the spiritual or religious affiliation of the child and the child's family;

(13) the child's placement history summary, including the name, address, and telephone number of any advocates;

(14) a description of positive attributes and characteristics of the child and, if available, any related information from the child, the child's family including siblings, and any concerned individuals in the child's life;

(15) the name, address, telephone number, and, if applicable, the electronic-mail address of the child-placing agent who is responsible for supervising the child's placement;

(16) a copy of the current case, permanency plan, or person-centered support plan; and

(17) if applicable, documentation of each use of physical restraint on a physical restraint report form as specified in K.A.R. 30-47-815.

(b) Documentation of placement information requested. If required documentation is not available at the time of placement, the child-placement agency shall document that the family has requested the missing documents.

(c) Departure requirements. When any child in foster care moves from the family foster home, the licensee shall send the following with the child:

(1) All possessions brought with the child in foster care to the family foster home that are usable or that have special significance to the child;

(2) all savings from gifts, allowances, and earnings;

(3) all usable clothing, school supplies, recreational equipment, gifts, and any other items purchased specifically for and given to the child during placement in the family foster home, including items provided by the foster parents; and

(4) the child's documents, which could include birth family history, placement history, pictures, school information, and a record of personal achievements.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-810 Case plan

(a) Each licensee shall be an active participant on the case planning team with each child's child-placing agent, the sponsoring child-placement agency, and other appropriate parties to develop and implement the child's case plan or permanency plan.

(b) The licensee's participation shall include the following:

(1) Identifying and sharing information, as appropriate, with individuals who are directly involved in the child's case plan, including any treatment outcomes that the child achieves while in the family foster home and the attainment of age- or developmentally-appropriate life skills that the child needs to become functional in the community;

(2) reporting the child's behaviors and any other important information to the child's child-placing agent, the sponsoring child-placement agency, and others as indicated in the child's case plan;

(3) recommending changes in the child's case plan or person-centered plan to the child's child-placing agent, if needed, including any approval needed for special activities or privileges, participating in the case-planning conferences for the child, and ensuring that any modifications to the person-centered plan are implemented in compliance with freedom of choice in service and supports; and

(4) giving the child-placing agent any additional significant information about the child in foster care as it becomes known.

(c) A licensee shall not disclose medical or social information relating to any child in foster care without authorization from the child's child-placing agent, unless the disclosure is directly related to obtaining necessary services for the child or is necessary to ensure safe involvement in age- or developmentally appropriate activities.

(d) In order to meet the needs of each child placed in the home, each licensee shall implement the provisions assigned to the licensee in the case plan.

(e) Each licensee shall facilitate the child's timely enrollment and school attendance in a public school district, a private school, or any other place of instruction in accordance with the child's individual education plan and the child's case plan or person-centered plan.

(f) Each licensee shall seek consultation with and direction from the child's child-placing agent or the sponsoring child-placement agency if issues that cannot be resolved between the licensee and the child in foster care arise.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-811 Caregiver qualifications; supervision

(a) Caregiver qualifications. Each caregiver shall be qualified by the capacity for setting age- or developmentally-appropriate expectations for behavior, tasks and social activities necessary to maintain the health, comfort, safety, and welfare of children in foster care pursuant to K.S.A. 65-504 and 65-508, and amendments thereto.

(b) General supervision. Each licensee shall ensure that each child in foster care is supervised in accordance with the child's age, maturity, risk factors, and developmental level. Additional supervision shall be provided for any child in foster care of any age under any of the following conditions:

(1) The child has mental health issues that place the child at higher concern for risk-taking behaviors that could result in unintentional injury or death.

(2) The child is or would be a danger to self or others.

(3) The child functions below the child's chronological age level.

(4) The child is unable to provide for the child's basic physical needs due to physical, mental, emotional, medical, or developmental conditions.

(c) Substitute care and supervision. Each licensee shall ensure that substitute care and supervision are provided in the following situations:

(1) When a child in foster care is placed in substitute care during the absence of the foster parents, prior approval of the substitute care shall be given by the sponsoring child-placement agency. Prior approval shall not be required for short periods of substitute care, including a portion of one day.

(2) If the licensee is absent for more than 10 hours or for any period between the hours of midnight and six a.m., the substitute caregiver shall be at least 21 years of age and at least three years older than the oldest child in foster care.

(d) Self-care. Any child in foster care at least 12 years of age may be permitted to stay at home without adult supervision in accordance with a written self-care plan between the hours of six a.m. and midnight if all of the following requirements are met:

(1) The potential for self-care shall be identified and written approval shall be included in the child's case plan.

(2) Each licensee shall use reasonable and prudent parent standards when establishing a written self-care plan for the care and supervision of each child in foster care in the family foster home in the licensee's absence. The written self-care plan shall take into consideration the number of children in the home, the behavior, emotional stability, and maturity level of the children in the family foster home, and any neighborhood safety issues. The self-care plan shall include the frequency and duration of self-care authorized for each child. The self-care plan shall be approved by the sponsoring child-placement agency and the child's child-placing agent.

(3) Each child in self-care shall have immediate access to an operable communication device that ensures the ability to contact 911 and emergency contacts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-813 Reasonable and prudent parent standard

(a) Social development. Each licensee shall provide for the growth and development of each child in foster care by providing the following:

(1) Each child in foster care shall be treated with dignity and respect and shall have the same age-appropriate rights and services as those of other individuals in the home.

(2) Each licensee shall ensure that each child in foster care is allowed age- or developmentally appropriate control of personal resources, participation in employment, community activities and services.

(3) Each child shall be provided age-appropriate privacy.

(b) Culture and religion. Each licensee shall meet the cultural and religious needs of each child in foster care placed in the family foster home.

(c) Recreational development. Each licensee shall provide an adequate supply of play equipment, materials, and books that meet the following requirements:

(1) Are suitable to the developmental needs and interests of each child in foster care; and

(2) are safe, clean, and in good repair.

(d) Basic life skills. Each licensee shall provide assistance to each child in learning basic life skills that allow the opportunity to improve self-concept and strengthen identity in preparation for life after foster care.

(e) Family activities. Taking into consideration the age, needs, and case plan of each child in foster care, each licensee shall include each child in foster care in the daily life of the foster family, including eating meals with the foster family and participating in recreational activities.

(f) Daily routine. Each licensee shall provide a daily routine that includes the following, in accordance with the age and needs of each child in foster care:

(1) Active and quiet play, both indoors and, weather permitting, outdoors;

(2) rest and sleep; and

(3) nutritious meals and snacks.

(g) Essential and special items.

(1) Each licensee shall ensure that each child in foster care is provided with essential items to meet the child's needs, including the following:

(A) Shelter;

(B) nonprescription medical needs;

(D) toiletries and personal hygiene products; and

(E) birthday and holiday gifts.

(2) Each licensee shall notify the sponsoring child-placement agency and the child's child-placing agent whenever a licensee identifies a need for additional resources to provide a special item for a child in foster care.

(h) Allowance. Each licensee shall provide an allowance to each child in foster care equal to that of any other children of similar age in the family foster home who receive an allowance.

(i) Work opportunity. Each child in foster care shall have the opportunity to earn spending money at tasks or jobs according to the child's age, ability, and case plan. The money shall be the child's money, and the child shall not be forced to provide for needs that otherwise would be provided by the licensee.

(j) High-risk sport or recreational activity. Any licensee may permit a child in foster care to engage in any high-risk sport or recreational activities if all of the following conditions are met:

(1) Written permission for the specific activity is obtained from the parent, legal guardian, or legal custodian of the child in foster care and from the child's child-placing agent.

(2) The licensee assesses the individual child-specific risk factors before giving permission. These factors shall include the age and maturity level of the child, behavior disorders, suicidal tendencies, developmental delays, thrill-seeking behavior, and difficulty with anger control.

(3) Protective safety gear is used, if required for the sport or activity and in compliance with any manufacturer's specifications and general safety guidelines.

(4) Direct supervision by an individual is provided to ensure safe participation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-815 Behavior management practices; prohibited punishment; physical restraint; notification requirements

(a) Behavior management practices.

(1) Each licensee shall ensure that positive methods are used for behavior management that are appropriate to the age- or developmental level of the child in foster care and encourage cooperation, self-direction, and independence.

(2) Each licensee shall use methods of behavior management that are designed to help each child in foster care develop inner controls and manage the child's own behavior in a socially acceptable manner.

(3) If time-out is used to manage behavior, the child in foster care shall remain in time-out in accordance with the child's age- or developmental level and only long enough to regain self-control.

(4) For each child in foster care who is not able to develop self-control or self-management, behavior management techniques shall be approved, in writing, by the case planning team.

(b) Prohibited punishment.

(1) No individual shall use any of the following means or methods of punishment of a child in foster care:

(A) Punishment that is humiliating, frightening, or physically harmful to the child;

(B) corporal punishment, including hitting with the hand or any object, yanking arms or pulling hair, excessive exercise, exposure to extreme temperatures, or any other measure that produces physical pain or threatens the child's health or safety;

(D) confining a child in a closet, box, or locked area;

(E) forcing or withholding food, rest, or toilet use;

(F) refusing a child access to the family foster home;

(G) mental and emotional cruelty, including verbal abuse, derogatory remarks about a child in foster care or the child's family, statements intended to shame, threaten, humiliate, or frighten the child, or threats to expel a child from the family foster home; and

(H) placing soap, or any other substance that stings, burns, or has a bitter taste in the child's mouth, or on the tongue, or any other part of the child's body.

(2) Each licensee shall be prohibited from giving medications, herbal or folk remedies, and drugs to control or manage behavior, except as prescribed by the licensed physician or licensed nurse practitioner of the child in foster care.

(3) No child in foster care shall be forced to participate in publicity or promotional activities.

(4) Each licensee shall be prohibited from publicly identifying any child in foster care to the embarrassment of the child.

(5) No child in foster care shall be forced to acknowledge dependency on the family foster home or to express gratitude to the licensee.

(6) Each licensee shall be prohibited from using physical restraint to manage behavior unless all of the requirements of subsection (c) are met.

(1) Each licensee shall ensure that before using physical restraint, other de-escalation methods are used. If other de-escalation methods fail and the behavior of the child in foster care is a danger to self or others or directly affects an individual's health, safety, and welfare, a physical restraint may be used in accordance with the approved restraint program.

(2) No bonds, ties, or straps shall be used to restrict movement. The child in foster care shall be held only until one of the following conditions is met:

(A) The child regains behavioral control.

(B) The child is no longer a threat to self or others.

(3) Each licensee using physical restraint in any situation other than an emergency shall have a current certificate on file documenting the training in de-escalation methods and physical restraint procedures and techniques specified in K.A.R. 30-47-806.

(4) The licensee shall have on file a case plan, permanency plan, or person-centered plan authorizing the use of physical restraint for each child in foster care whose behavior cannot be managed by other less intrusive methods and whose behavior requires the use of ongoing physical restraint on a recurring basis for the child's protection or the protection of others.

(d) Notification requirements. Each caregiver shall inform the child's child-placing agent and the sponsoring child-placement agency each time physical restraint is used.

(1) The licensee shall document each use of physical restraint on a form that contains the following:

(A) The child's name and birth date;

(B) the date and the start and end times of the physical restraint;

(D) a description of the child's behaviors and condition and the incidents that led to the use of physical restraint;

(E) a description of the child's behavior during and following the physical restraint;

(F) a description of any follow-up actions taken;

(G) the name of the individual who used physical restraint on the child; and

(H) the name of the licensee completing the report and the date completed.

(2) Each licensee shall file the report with the child's child-placing agent and the sponsoring child-placement agency no later than the next working day following the use of physical restraint. The use of physical restraint as an emergency intervention shall be reported to the sponsoring child-placement agency at the conclusion of the intervention when the child is no longer a danger to self or others.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-816 Transportation

Each licensee shall ensure that all of the following requirements are met:

(a) If a vehicle used for transportation of a child in foster care is owned or leased by a foster family member or is driven by a child in foster care, the following requirements shall be met:

(1) Trailers pulled by another vehicle, camper shells, and truck beds shall not be used for the transportation of children in foster care.

(2) The transporting vehicle shall be maintained in a safe operating condition.

(3) The transporting vehicle shall be covered by accident and liability insurance as required by the state of Kansas.

(b) The driver of any vehicle used to transport a child in foster care shall have a valid driver's license and meet the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto. Each licensee shall apply the reasonable and prudent parent standards when determining who may transport a child in foster care.

(1) Each individual shall be secured by the use of a seat belt or a child safety seat when the vehicle is in motion.

(2) No more than one individual shall be secured in any seat belt or child safety seat.

(3) Each seat belt shall be properly anchored to the vehicle.

(4) When a child safety seat, including a booster seat, is required, the seat shall meet the following requirements:

(A) Have current federal approval;

(B) be installed according to the manufacturer's instructions and vehicle owner's manual;

(C) be appropriate to the height, weight, and physical condition of the child, according to the manufacturer's instructions and meet the requirements of K.S.A. 8-1344 and amendments thereto;

(D) be maintained in a safe operating condition at all times;

(E) have a label with the date of manufacture and the model number, for use in case of a product recall; and

(F) have no missing parts or cracks in the frame and have not been in a crash.

(d) The health and safety of the children riding in the vehicle shall be protected as follows:

(1) Order shall be maintained at all times. The driver shall be responsible for ensuring that the vehicle is not in motion if the behavior of the occupants prevents safe operation of the vehicle.

(2) Children less than 10 years of age shall not be left in a vehicle unattended by an adult. When the vehicle is vacated, the driver shall make certain that no child is left in the vehicle.

(3) Smoking in the vehicle shall be prohibited when a child in foster care is in placement in a family foster home, whether or not the child in foster care is physically present in the vehicle.

(e) Before a child in foster care is allowed to drive, all of the following requirements shall be met:

(1) The licensee, child-placing agent, or sponsoring child-placement agency shall obtain permission from the parent or legal guardian.

(2) The privilege of driving shall be included in the child's case plan.

(3) The child shall possess a valid driver's license and shall meet the requirements of the Kansas motor vehicle drivers' license act, K.S.A. 8-234a et seq. and amendments thereto.

(f) Any child in foster care who is a parent and who meets the requirements of subsections (a) through (e) may transport any child of that parent.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-817 Nutrition; food handling and storage

(a) Each licensee shall ensure that for each child in foster care, both of the following requirements are met:

(1) Each child less than 12 months of age shall be held when bottle-fed until the child can hold the child's own bottle.

(2) No child shall be allowed to sleep with a bottle in the child's mouth.

(b) If serving milk products, only pasteurized milk products shall be served.

(d) Sanitary methods of food handling and storage shall be followed. Each individual engaged in food preparation and food service shall use sanitary methods of food handling, food service, and storage.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-818 Storage and administration of medication

(a) Storage of medication. Each licensee shall ensure that all prescription and nonprescription medication is stored in the original container at the recommended temperature in accordance with the instructions on the label and, except as specified in paragraph (e)(4), in a locked designated area inaccessible to children.

(b) Nonprescription medication.

(1) When nonprescription medication is administered to any child in foster care, each caregiver shall administer the medication from the original container and according to instructions on the label.

(2) Substances including herbal supplements, folk remedies, natural medicines, essential oils and vitamin supplements other than a daily multivitamin shall be administered to any child in foster care with documented approval by a licensed medical practitioner.

(c) Prescription medication. When prescription medication is administered to a child in foster care, each licensee shall ensure compliance with the following requirements:

(1) Prescription medication shall be administered only to the designated child and in accordance with instructions on the label.

(2) Each prescription medication shall be kept in the original container labeled by a pharmacist with the following information:

(A) The first and last name of the child;

(B) the date the prescription was filled;

(D) the expiration date of the medication; and

(E) specific, legible instructions for administration and storage of the medication.

(3) The instructions on each label shall be considered the prescription directions from the licensed physician.

(4) If a daily or weekly medication container is used for a child in foster care, all of the following requirements shall be met:

(A) The medication container shall be labeled with the child's name.

(B) The medication container shall be used only for medications that are not affected by exposure to air or light and that can touch other medications without affecting the efficacy of any of the medications.

(D) Each dose shall be placed in the medication container according to the correct time of day.

(E) The medication container shall be kept in locked storage.

(F) The remainder of each of the child's medications shall be stored in the respective original container until the prescription is completed or discontinued.

(G) If any child in foster care is required to receive medication during a visit or during any absence from the foster home, all medication sent for the child shall be in containers that meet the requirements of paragraph (c)(2) and shall be given to the individual taking responsibility for the child.

(H) When a child in foster care moves from the family foster home, all current medications shall be in the individual original containers and shall be given to the individual taking responsibility for the child.

(I) At no time shall any medication be in the possession of a child in foster care, except as specified in paragraph (e)(4).

(d) Requirements for administering prescription and nonprescription medication.

(1) Before administering medication, each licensee shall receive training in medication administration as specified in K.A.R. 30-47-806. Each licensee shall ensure that each individual administering medication knows the purpose, side effects, and possible contraindications of each medication.

(2)(A) For prescription medications, each caregiver shall record on each child's medication record the following information:

(i) The name of the individual who administered each medication;

(ii) the date and time the medication was given;

(iii) any change in the child's behavior, any response to the medication, and any adverse reaction;

(iv) any change in the administration of the medication from the instructions on the label or a notation about each missed dose; and

(v) any direction from the physician to change the order as written on the label.

(B) Each medication record shall be signed by the caregiver and shall be made a part of the child's medical record.

(e) Self-administration of medication.

(1) Any licensee may permit each child in foster care with a condition requiring prescription medication on a regular basis to self-administer the medication under adult supervision. Each licensee shall obtain written permission for the child to self-administer medication from the licensed physician, licensed physician assistant, or advanced practice registered nurse treating the child's condition.

(2) Written permission for self-administration of medication shall be kept in the child's file at the family foster home.

(3) Self-administration of each medication shall follow the requirements specified in paragraph (c)(2).

(4) Each child in foster care who is authorized to self-administer medication shall have access to the child's medication for self-administration purposes. Each child shall have immediate access to medication prescribed for a condition for which timely treatment is a life-preserving requirement. Each child with asthma, allergies, or any other life-threatening condition shall have immediate access to that child's own medication for emergency purposes. Each licensee shall ensure the safe storage of self-administered medication to prevent unauthorized access by others.

(5) The date and time that each medication was self-administered shall be recorded on the child's medication record. Each noted adverse reaction shall be documented. Each licensee shall review the record for accuracy and shall check the medication remaining in the container against the expected remaining doses.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-819 Health care

(a) Infectious or contagious disease. Each individual residing in the family foster home shall be free from any infectious or contagious disease specified in K.A.R. 28-1-6.

(b) Health of licensees and substitute caregivers.

(1) Each licensee or substitute caregiver shall be in a state of physical, mental, and emotional health, as necessary to protect the health, safety, and welfare of the children in foster care.

(2) No licensee or substitute caregiver shall be in a state of impaired ability due to the use of alcohol or other chemicals, including prescription and nonprescription drugs.

(3) Each individual regularly caring for a child in foster care in the family foster home shall have a health assessment conducted by a physician with a current license to practice in Kansas or by a nurse with a current license to practice in Kansas who is approved to perform health assessments. Each health assessment shall be conducted no earlier than one year before the date of the initial application for a license, employment, or volunteering and no later than 30 days after the date of the initial application, employment, or volunteering. The results of each assessment shall be recorded on a form provided by the department.

(4) Each licensee or substitute caregiver providing care for infants shall be current on the pertussis vaccination, and each caregiver caring for infants and children with special medical needs shall have a current annual influenza vaccination consistent with the recommendations of the centers for disease control and prevention. An exemption from this requirement shall be permitted only with one of the following:

(A) A written certification from a physician with a current license to practice in Kansas stating that the physical condition of the individual is such that the immunization would endanger the individual's life or health; or

(B) a written statement from the individual that the individual is an adherent of a religious denomination whose teachings are opposed to immunizations.

(5) If a licensee experiences a significant change in the licensee's physical, mental, or emotional health, including indications of substance abuse, an assessment of the licensee's current health status may be requested by the department or by the sponsoring child-placement agency.

(A) The assessment or evaluation shall be performed at the expense of the licensee and by a practitioner who is licensed or certified in Kansas to diagnose and treat the specific condition that is the basis for the assessment or evaluation.

(B) Each licensee shall ensure that at least one potential practitioner has been approved by the department or the sponsoring child-placement agency in order to have the assessment or evaluation accepted by the department or child-placement agency.

(C) Each licensee shall provide the department or sponsoring child-placing agency with an executed release of medical information to enable the department or the child-placement agency to obtain information directly from the practitioner.

(1) Each individual living in the family foster home, other than the child in foster care, shall have a health assessment conducted by a physician with a current license to practice in Kansas or by a nurse with a current license to practice in Kansas who is approved to perform health assessments. Each assessment shall be conducted within one year before the date of application or the date of the individual residing in the home and no later than 30 days after the date of the licensee's initial application or the date of the individual becoming a resident of the home. The results of the health assessment shall be recorded on forms provided by the department.

(2) Each child born to or adopted by the licensee living in the family foster home shall have current immunizations. An exemption from this requirement shall be permitted only with one of the following:

(A) A written certification from a physician with a current license to practice in Kansas stating that the physical condition of the child is such that the immunization would endanger the child's life or health; or

(B) a written statement from the child's parent or legal guardian that the child is an adherent of a religious denomination whose teachings are opposed to immunizations.

(d) Medical and dental health of each child in foster care.

(1) Each licensee shall ensure that emergency and ongoing medical and dental care is obtained for each child in foster care by providing timely access to basic, emergency, and specialized medical, mental health, and dental care and treatment services provided by qualified practitioners.

(2) Each licensee shall ensure that, at the time of the initial placement, each child in foster care has had a health assessment conducted within the past year by a physician with a current license to practice in Kansas or by a nurse with a current license to practice in Kansas who is approved to conduct assessments.

(3) A health assessment shall be obtained annually for each child in foster care.

(4) Each health assessment required in paragraphs (d)(2) and (3) shall be on file at the family foster home within 30 days after the child's placement in the home.

(5) The immunizations for each child in foster care less than 16 years of age shall be current or in process at the time the license is issued. An exemption from this requirement shall be permitted only with one of the following:

(A) A written certification from a physician with a license to practice in Kansas stating that the physical condition of the child is such that the immunization would endanger the child's life or health; or

(B) a written statement from the child's parent or legal guardian that the child is an adherent of a religious denomination whose teachings are opposed to immunizations.

(6) An annual dental examination shall be obtained for each child in foster care who is 12 months of age or older. Follow-up care shall be provided. The child's dental record shall be recorded on forms provided by the department and shall be kept current.

(7) The medical information record for each child in foster care shall be kept current and shall document each illness, the action taken by the licensee, and the date of the child's medical, psychological, or dental care. When the child leaves the family foster home, the licensee shall ensure that the record, including the health assessments, dental records, medication administration record, immunization record, medical and surgical consent forms, and emergency medical treatment authorization, is given to the child's child-placing agent.

(e) Tuberculin testing.

(1) Each individual 16 years of age and older living, working, or regularly volunteering in the family foster home and each child in foster care 16 years of age and older shall be required to have a record of a negative tuberculin test or X-ray obtained not more than two years before the employment or initial application for a license or shall obtain the required record no later than 30 days after the date of employment, initial application, or becoming a resident of or volunteer in the home.

(2) Additional tuberculin testing shall be required if significant exposure to an active case of tuberculosis occurs or if symptoms compatible with tuberculosis develop. Proper treatment or prophylaxis shall be instituted, and the results of the follow-up shall be recorded on the individual's health record. Each occurrence described within this paragraph shall be reported to the department.

(3) The results of each tuberculin test shall be recorded on, or attached to, the health assessment form and kept on file at the family foster home. Each licensee shall report any positive tuberculin skin test to the department's tuberculosis (TB) control program by the next working day.

(4) A child in foster care less than 16 years of age shall not be required to have tuberculin tests unless the child has been recently exposed to tuberculosis or exhibits symptoms compatible with tuberculosis.

(f) Smoking use limitations.

(1) To prevent exposure of a child in foster care to secondhand smoke, each licensee shall ensure that both of the following conditions are met:

(A) Smoking is prohibited inside the family foster home when a child in foster care is in placement, whether the child is physically present on the premises or not.

(B) Smoking by any member of the foster family or guest of the foster family is prohibited outside the family foster home in the presence of a child in foster care.

(2) Each licensee shall prohibit smoking and the use of any other tobacco product by a child in foster care less than 21 years of age.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-507 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-820 General environmental requirements

Each licensee shall ensure that all of the requirements in this regulation are met.

(a) Local requirements. Each family foster home shall meet the legal requirements of the community as to zoning, fire protection, water supply, sewage disposal, and trash and recycling disposal.

(b) Use of private water supply. If a private water system is used, the system shall meet the requirements in K.A.R. 28-4-50. The water supply shall be safe for human consumption. Testing of the water supply shall be completed at the time of initial licensing and annually thereafter to document the nitrate and bacteria levels. Additional testing may be required if there is a change in environmental conditions that could affect the integrity of the water supply. Commercially bottled drinking water shall be used for children in foster care until a laboratory test confirms that the water is safe for human consumption.

(c) Structural and furnishing requirements. Each family foster home shall be constructed, arranged, and maintained to provide for the health, safety, and welfare of all occupants and shall meet the following requirements:

(1) The home shall contain sufficient furnishings and equipment to accommodate all residents of the home and each child in foster care. The home shall include an operating kitchen with a sink, refrigerator, stove, and oven and at least one operable bathroom with one sink, one flush toilet, and one tub or shower.

(2) Each interior and exterior stairway with three or more stairs and a landing shall have a handrail.

(3) Each interior and exterior stairway and landing shall be guarded on each side if there is a drop-off of more than 30 inches from the stairs or landing to the floor or ground.

(4) If any interior or exterior stairway is guarded by balusters and the family foster home is or is intended to be licensed for children in foster care less than six years of age, the space between balusters shall not exceed four inches.

(5) When a child in foster care less than two years of age is present, each stairway with two or more stairs and a landing shall be gated to prevent unsupervised access by the child. Gates used at the top of stairways shall be securely attached. Accordion gates shall be prohibited throughout the premises.

(6) If the family foster home is or intends to become licensed for children in foster care less than six years of age, each electrical outlet shall be covered or tamper-resistant.

(7) Water temperature shall be maintained to ensure the health and safety of children in foster care.

(8) Each bathroom shall have a door that affords privacy to the occupant and can be opened from each side without the use of a key in case of an emergency.

(9) A working telephone shall be on the premises and available for use at all times.

(10) Emergency telephone numbers shall be posted in plain view for the police, fire department, ambulance, hospital, and poison control center.

(11) A working smoke detector shall be centrally installed on each level of the home and in each room used for sleeping by a child in foster care and by the licensee.

(12) One working carbon monoxide detector shall be installed according to the manufacturer's instructions on each level of the home and adjacent to sleeping areas.

(13) One operable fire extinguisher shall be readily available.

(14) First aid supplies shall be readily accessible.

(d) Cleanliness. The interior of the family foster home shall be free from accumulation of visible dirt, any evidence of vermin infestation, and any objects or materials that could impact the health, safety, or welfare of all occupants of the home.

(e) Lighting and ventilation.

(1) All rooms used for living space shall be lighted, vented, heated, and plumbed pursuant to K.S.A. 65-508 and amendments thereto.

(2) Each window and door used for ventilation shall be screened to minimize the entry of insects.

(f) Firearms and other weapons.

(1) Each licensee shall ensure that all firearms, including air-powered guns, BB guns, pellet guns, and paint ball guns, are stored unloaded in a locked container, closet, or cabinet and are inaccessible to children. If the locked container, closet, or cabinet is constructed in whole or in part of glass or acrylic material, each firearm shall be additionally secured with a hammer lock, barrel lock, or trigger lock.

(2) Ammunition shall be kept in a separate locked storage container or locked compartment designed for that purpose, and inaccessible to children.

(3) All archery equipment, hunting and fishing knives, and other weapons shall be kept in a locked storage compartment and inaccessible to children.

(g) Storage of household chemicals, personal care products, tools, and sharp instruments. The following requirements shall apply when a child in foster care is in the family foster home:

(1) All household cleaning supplies, chemicals, and hazardous materials that have warning labels advising the consumer to keep out of the reach of children shall be kept in locked storage or stored out of reach of children less than six years of age.

(2) Sharp instruments shall be stored to prevent access by children less than six years of age.

(3) Tobacco, tobacco products, nicotine-based fluids, electronic or lighted cigarettes, vaporizers, alcohol, lighters, and matches shall be stored out of reach of children.

(h) Heating appliances.

(1) Each heating appliance using combustible fuel, including a wood-burning stove or a fireplace, shall be vented to the outside.

(2) Each fireplace and each freestanding heating appliance using combustible fuel, including a wood-burning stove, shall stand on a noncombustible material according to the manufacturer's specifications, Kansas state statutes and regulations, and local ordinances.

(3) If a child in foster care less than three years of age is in the family foster home, a protective barrier shall be provided for each fireplace and each freestanding heating appliance as necessary to protect from burns.

(i) Play space. Each family foster home shall have a space for indoor play and access to an outdoor play space.

(j) Mobile home requirements. In addition to the other requirements specified in this regulation, if the family foster home is a mobile home, both of the following requirements shall be met:

(1) The mobile home shall have two exits that are located at least 20 feet apart, with one exit within 35 feet of each bedroom door.

(2) Each mobile home shall be skirted with latticed or solid skirting and securely anchored by cable to the ground.

(k) Special inspections. A special inspection of the family foster home by a fire, health, sanitation, or safety official may be required by the secretary or the sponsoring child-placement agency to assist in making a decision about the safety of the family foster home for a child in foster care.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-821 Sleeping arrangements

(a) Each licensee shall ensure that sufficient space for sleeping is provided to accommodate all residents of the family foster home and each child in foster care. Sleeping space shall not include any of the following places:

(1) An unfinished attic;

(2) an unfinished basement;

(3) a laundry room;

(4) any living space that is normally used for other than sleeping arrangements; or

(5) any room that provides routine passage to a common use room, to another bedroom, or to the outdoors.

(b) Each licensee shall ensure that each bedroom used for sleeping by a child in foster care meets the following requirements:

(1) Each bedroom shall have at least 70 square feet.

(2) Each bedroom shall have at least 45 square feet for each individual sharing the room.

(3) The exit path from each bed to each outside exit shall have a minimum ceiling height of six feet eight inches.

(4) Each bedroom shall have a solid door to ensure privacy.

(5) Each bedroom shall have at least two means of escape. Each means of escape shall be easily opened from the inside.

(A) At least one means of escape shall be an unobstructed pathway leading to an exit door to the outside.

(B) The second means of escape shall give direct access to the outside and shall be an unobstructed door or window that is able to be opened from the inside without the use of tools.

(i) The window shall have a width of at least 20 inches and a height of at least 24 inches.

(ii) The window shall be within 44 inches of the floor or shall have permanent steps or another immovable fixture that brings the window to within 44 inches of the top of the steps or fixture.

(iii) If the window is screened, the screen shall be easily removed from the inside.

(iv) The licensee shall ensure that each occupant of the bedroom can easily exit through the window.

(d) Each child in foster care shall have a separate bed or crib that meets the following requirements:

(1) Is intact, fully functional, and in good repair to prevent injury or entrapment of the child;

(2) is of sufficient size to accommodate the size and weight of the child;

(3) has a mattress that is clean and has a waterproof covering, if needed; and

(4) has bedding adequate to the season and appropriate to the age of the child.

(e) If a bunk bed is used by any child in foster care, the following requirements shall be met:

(1) The upper bunk shall be protected on all sides with rails. Headboards and footboards may substitute for rails on the ends of the bed.

(2) Each child in foster care using the upper bunk shall be at least six years of age.

(f) Each child in foster care less than 12 months of age shall sleep in a crib. For the purposes of a nap, the child may sleep in a playpen. Each crib and each playpen shall meet the following requirements:

(1) If a crib or playpen is slatted, the slats shall be spaced no more than 2 3/8 inches apart.

(2) Each crib shall have a firm mattress fitted in accordance with manufacturer's recommendations.

(3) The crib corner post extensions shall not exceed 1 1/16 inch.

(4) No pillow, quilt, comforter, blanket, bumpers, or other soft product that could cause suffocation shall be used in the crib or the playpen when a child who is less than 12 months of age is sleeping in the crib or playpen.

(g) Any child in foster care who is less than 12 months of age shall be put to sleep on the child's back unless ordered otherwise by the child's physician.

(h) Any child in foster care 12 months and older may sleep in a crib until that child is 18 months of age.

(i) Any child in foster care 18 months but not yet 30 months of age may sleep in a crib as recommended by the child's medical provider.

(j) At night, each caregiver shall sleep within hearing distance or use a nonrecording monitoring device for each child in foster care under the age of six years and each child in foster care that has special developmental or medical needs requiring close supervision as documented by the child's medical or mental health provider.

(k) When any child in foster care shares a room, the following requirements shall be met:

(1) Each child in foster care six years of age and older shall share the room only with children of the same sex.

(2) Each licensee shall use reasonable and prudent parent standards when determining room sharing arrangements. The licensee shall take into consideration each child's age, maturity level, behavior disorders, developmental delays, anger management, and thrill-seeking behaviors.

(3) A child who is known to have committed an unlawful sexual act or who is a sexual abuse victim shall not share a room until both of the following conditions are met:

(A) The potential roommate arrangements are assessed by the child-placing agent, the home's sponsoring child-placement agency, and the licensee.

(B) Based on the assessment, a determination is made by the child-placement agency that it is unlikely that further sexual abuse will result from the child sharing a room.

(l) A child in foster care who is a parent may share a room with the parent's own child or children. The room shall meet the requirements in paragraph (b)(2).

(m) Any child in foster care may sleep in the bedroom of the licensee under any of the following circumstances:

(1) The child in foster care is less than 18 months of age.

(2) The child in foster care is ill.

(3) The child in foster care has special developmental or medical needs requiring close supervision as documented by a physician.

(n) If a child in foster care sleeps in the licensee's bedroom, the bedroom shall have at least 130 square feet.

(o) Each licensee shall ensure that separate and accessible drawer space for personal belongings and closet space for clothing are available for each child in foster care.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084 and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-822 Safety procedures; emergency plan; drills

(a) Each licensee shall make the following preparations for emergencies:

(1) Each licensee shall ensure that the family foster home's address is visible from the street.

(2) Each licensee shall develop an emergency plan for the family foster home to provide for the safety of all residents of the family foster home in emergencies.

(3) Each emergency plan shall be posted in plain view in the family foster home.

(b) When an emergency occurs, if a caregiver accompanies a child in foster care to care or safety, that caregiver shall remain with the child. Each licensee shall ensure that an arrangement is made and followed to ensure the supervision of the other children in the family foster home if a child in foster care requires emergency care.

(c) Each licensee shall ensure that a fire drill and tornado drill are conducted monthly and that the drills are scheduled to allow participation by each resident of the family foster home. The date, time, number of people participating in the drill and the evacuation time of each drill shall be recorded and kept on file in the family foster home.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-823 Outside premises

Each licensee shall ensure that all of the following requirements are met:

(a) General safety. The outside premises of the home shall be free from any objects, materials, and conditions that constitute a danger to the health or safety of each child in foster care.

(b) Outdoor play area.

(1) The play area shall be located, arranged, and maintained to allow for supervision by the caregiver and to reduce the risk of injury.

(2) The play area shall be well-drained and free of known health, safety, and environmental hazards.

(3) Play equipment shall be located in an area free from hazards, be age-appropriate, and be in good repair. Equipment that is broken, hazardous, or unsafe shall not be used. Swings and climbing equipment shall be anchored.

(c) Protection from safety hazards. Each licensee shall ensure that each child in foster care is protected from all of the following safety hazards if adjacent to or within 50 yards of the house:

(1) A busy street;

(2) railroad tracks; and

(3) a water hazard, including a ditch, a pond, a lake, and any standing water.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-824 Swimming pools, wading pools, and hot tubs; off-premises swimming and wading activities

(a) General safety on the premises of the family foster home.

(1) If any swimming pool, wading pool with less than 24 inches of water, or hot tub is on the premises, the pool or hot tub shall be constructed, maintained, and used in such a manner that safeguards the lives and health of the children in foster care.

(2) If children in foster care have access to a swimming pool, wading pool, or hot tub, at least one caregiver shall be physically present and shall directly supervise the children. A minimum ratio of one adult to six children shall be maintained.

(3) Each licensee shall post legible safety rules for the use of a swimming pool or hot tub in plain view. If the pool or hot tub is available for use, the licensee shall read and review the safety rules weekly with each child in foster care.

(b) Swimming pools on the premises.

(1) Each aboveground swimming pool shall be at least four feet high or shall be enclosed by a barrier on all four sides that is at least four feet high with self-locking gate that is kept closed. Steps shall be removed and stored away from the pool when the pool is not in use.

(2) Each aboveground pool with a deck or berm that provides a ground-level entry on any side shall be treated as an in-ground pool and shall meet the following:

(A) Swimming pools shall have a barrier on all sides at least four feet high.

(B) Swimming pools shall have their methods of access through the barrier equipped with a safety device, including a bolt lock.

(3) The pool shall be cleaned. The chlorine level and pH shall be tested before each use. The results of these tests shall be recorded and available. Each pool that is unable to be emptied after each use shall be equipped with a working pump and filtering system.

(4) An individual with current certification in CPR who can swim shall be in attendance while any child in foster care is using a swimming pool.

(5) Each swimming pool shall be equipped with a lifesaving device that is sufficient length to reach the center of the pool from each edge of the pool.

(1) No child in foster care shall be permitted to play without adult supervision in any area where there is a wading pool containing water.

(2) The water in each wading pool shall be emptied daily.

(d) Hot tubs on the premises.

(1) Each hot tub shall be covered when not in use with an insulated, rigid cover secured by locks or surrounded by a fence that meets the requirements of paragraph (b)(1).

(2) The chlorine level and pH shall be tested and maintained as required by the manufacturer's specifications for use.

(3) Each licensee shall ensure that no child in foster care less than six years of age uses a hot tub. Each licensee shall use the hot tub in accordance with the manufacturer's specifications.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-825 Animals

(a) Each licensee shall ensure that if any animal is kept on the premises, the pet area is kept clean, with no evidence of flea, tick, or worm infestation in the area.

(b) Each licensee shall ensure that each animal that is in contact with any child in foster care meets the following requirements:

(1) Is in good health, with no evidence of disease; and

(2) is friendly and poses no threat to the health, safety, and well-being of children.

(c) A record of each current rabies vaccination shall be kept on file in the family foster home, and a copy shall be supplied to the sponsoring child-placement agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-900 Definitions

For the purposes of this section, the following definitions shall apply:

(a) "Administrative program director" means the individual designated by the licensee to oversee all provisions of services of the child-placement agency for children and families.

(b) "Adopted adult" means an individual 18 years of age or older who was legally adopted by a family during the individual's childhood or after the individual was 18 years of age or older.

(d) "Adoptive family" means an individual or individuals who identify themselves as a family, live in a private home, and have been approved by a child-placement agency to receive one or more children for the purpose of legal adoption.

(e) "Adoption agency" means a child-placement agency, as defined in K.S.A. 65-503 and amendments thereto.

(f) "Adoption search" means the activities of an adopted child or adopted adult, an adoptive family, or the birth family of an adopted child or adopted adult to obtain identifying or nonidentifying information about the adoption or to initiate contact between the adopted child or adopted adult and the birth family.

(g) "Advertise" means to communicate by newspaper, radio, television, handbills, placards, or other print, broadcast, telephone directory, or electronic medium.

(h) "Agency-approved family" means a person or persons who identify themselves as a family, live in a private home, and meet the following requirements:

(1) Do not require a child care license as specified in K.S.A. 65-503, and amendments thereto; and

(2) have been assessed by a child-placement agency for placement of a child.

(i) "Applicant" means a person who has applied for a license but has not yet been granted a license to operate a child-placement agency. This term shall include an applicant who has been granted a temporary permit to operate a child-placement agency.

(j) "Case plan" means the comprehensive written plan of care developed for a child in placement.

(k) "Child in foster care" or "foster child" means either of the following:

(1) Any individual under 16 years of age who is placed for care in a family foster home; or

(2) any individual who is at least 16 years of age but not yet 21 years of age and who is in the custody of the state of Kansas or is privately placed in a family foster home.

(l) "Child-placement agency" means a business or service conducted, maintained, or operated by a person engaged in finding homes for children by placing or arranging for the placement of the children for adoption or foster care, as defined in K.S.A. 65-503 and amendments thereto.

(m) "Child-placing agent" means a person or agency that possesses the legal authority to place a child in an out-of-home placement or in an adoptive home. This term shall include the child's parent, legal guardian, child-placement agency, and the court.

(n) "Child welfare supervisor" means a staff member who is designated by the licensee to provide supervision of those individuals who provide services or coordinate the services provided by other resources to children and families.

(o) "Child welfare worker" means a staff member who is designated by the licensee to provide services or coordinate the services provided by other resources to children and families.

(p) "Department" means Kansas department for children and families.

(q) "Exception" means an alternative manner of compliance with a specific child-placement agency regulation that is granted by the secretary to an applicant or a licensee.

(r) "Family foster home" means a type of child care facility as defined in K.A.R. 30-47-800.

(s) "Foster care for children" means the provision of substitute care for children who are alleged or adjudicated to be in need of care, as defined in K.S.A. 38-2202 and amendments thereto, as the result of neglect or abuse by or the inability or refusal of a child's parent, guardian, or custodian to care for the children. The substitute care during placement shall include the provision of food, shelter, security and safety, guidance, and comfort on 24-hour basis to one or more children placed who are 21 years or younger to safeguard their safety, growth, and development.

(t) "Foster family" means all individuals living in a family foster home other than any children in foster care.

(u) "Independent living services" means the counseling and services provided by the child-placement agency to a child in an out-of-home placement with a focus on preparing the child for eventual self-sufficiency.

(v) "Intercountry adoption" means the adoption of a child with legal residence in one country by a family with legal residence in a different country.

(w) "Legal-risk adoption" means placement of a child who is not yet legally free for adoption in a family foster home with a plan for adoption of the child by that family.

(x) "Legalization or finalization" means the legal process by which a final order or decree of adoption is filed with the applicable court for the adoption of a child.

(y) "License" means a document issued by the secretary granting authority to an association, organization, or corporation to operate and maintain a child-placement agency.

(z) "Licensee" means a person who has been granted a license to operate a private child-placement agency.

(aa) "Nonrelated kin" means an adult who is not related to a child or to a child's family by blood, marriage, or legal adoption, but is identified by the child or the child's family as an adult with whom the child or the child's parent already has close emotional ties and is a resource for an out-of-home placement for the child.

(bb) "Out-of-home placement" means the living arrangement for a child in a location away from the child's parent or guardian.

(cc) "Person" has the meaning specified in K.S.A. 65-503, and amendments thereto.

(dd) "Physical restraint" means the bodily holding of a child as a means to help the child regain self-control when the child is behaving in a manner that presents a danger to self or others.

(ee) "Placement agreement" means the document signed by the child's child-placing agent to authorize an out-of-home placement or an adoptive placement.

(ff) "Premises" means the location, including each building and any adjoining grounds, of the child-placement agency.

(gg) "Regularly" means on a reoccurring basis of three or more occasions in a 12-month period.

(hh) "Relative" means a person related by blood, marriage, or adoption.

(ii) "Residential care" means a licensed facility providing 24-hour out-of-home care for children unrelated to the caregivers.

(jj) "Renewal date" means 12 months after a license has been issued.

(kk) "Secretary" means secretary of the department for children and families.

(ll) "Secretary's designee" means a staff member who has been designated by the secretary to perform specific regulatory tasks on behalf of the department.

(mm) "Social service staff" means a staff member who is designated by the licensee to provide services or coordinate the services provided by other resources to children and families under the direct supervision of a child welfare worker or child welfare supervisor.

(nn) "Sponsoring child-placement agency" means the public or private child-placement agency responsible for providing sponsorship services to a family providing out-of-home placement services or to an adoptive family before legalization or finalization of the adoption of a child.

(oo) "Volunteer" means an individual 18 years of age or older who provides an unpaid service.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-503 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-901 License requirements

Each applicant shall meet the following requirements to obtain a license and to maintain a license:

(a) If an individual, be at least 21 years of age at the time of application. If a corporation, the applicant shall be in good standing with the Kansas secretary of state;

(b) submit a complete application for a license on forms provided by the department, including requests for the background checks specified in K.A.R. 30-47-905;

(c) provide basic income and expense information to the department for review at the time of initial application and annual license renewal to ensure that the applicant can meet the program needs and provide documentation of financial information for review as deemed necessary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-504 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-902 Application procedures

(a) Each applicant seeking a license shall submit a complete application on forms provided by the department. The application shall be submitted at least 90 calendar days before the planned opening date of the child-placement agency and shall include the following:

(1) Location of the office, including city, state, street address, mailing address, and telephone number;

(2) a detailed description of the program and the services to be provided;

(3) a statement that the child-placement agency will not be used to provide overnight care for any child;

(4) the philosophical perspective or religious affiliation of the child-placement agency;

(5) a description of the geographic area to be served;

(6) a request for the background checks specified in K.A.R. 30-47-905;

(7) a site plan of the building and grounds, including a detailed floor plan of the premises to be licensed;

(8) the nonrefundable license fee specified in K.A.R. 30-47-100;

(9) written verification from the applicable local authorities that the premises are in compliance with all local codes and ordinances, including building and zoning requirements;

(10) written verification from the state fire marshal that the premises are in compliance with all applicable fire codes and regulations; and

(11) the written policies and procedures required in K.A.R. 30-47-906.

(b) A licensed child-placement agency may operate satellite offices without separate licenses for those offices. If the licensed child-placement agency opens a satellite office after initial licensure, the licensed agency shall submit an application to add a satellite office at least 30 calendar days before the opening of the new office. Each application for a satellite office shall include the following:

(1) Location of the office, including city, state, street address, mailing address, and telephone number;

(2) the geographic area to be served;

(3) a site plan of the building and grounds, including a detailed floor plan of the premises to be licensed;

(4) written verification from the applicable local authorities that the premises are in compliance with all local codes and ordinances, including building and zoning requirements; and

(5) written verification from the state fire marshal that the premises are in compliance with all applicable fire codes and regulations.

(c) The granting of a license to any applicant may be refused by the secretary if the applicant is not in compliance with the requirements of the following:

(1) K.S.A. 59-2123 and amendments thereto;

(2) K.S.A. 65-501 through 65-516, and amendments thereto;

(3) K.S.A. 65-523 through 65-529, and amendments thereto;

(4) K.S.A. 65-531, and amendments thereto; and

(5) K.A.R. 30-47-900 through K.A.R. 30-47-922 governing child-placement agencies.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-903 Validity of temporary permit or license; advertising; withdrawal of application or request to close

(a) Validity of temporary permit or license.

(1) Each temporary permit or license shall be valid only for the person or persons and the address specified on the temporary permit or license.

(2) Each current temporary permit or current license shall be posted in plain view at the child-placement agency.

(3) When an initial or an amended license becomes effective, all temporary permits or licenses previously granted to the applicant or licensee at the same address shall become void.

(b) Advertising. The advertising for each child-placement agency shall meet the requirements listed in K.S.A. 59-2123(a)(1) and amendments thereto.

(c) Withdrawal of application or request to close. Any applicant may withdraw the application for a license. Any licensee may, at any time, request to close a child-placement agency. If a child-placement agency is closed, each temporary permit or license granted to the child-placement agency shall become void.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 2022 Supp. 59-2123 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-904 Temporary permit or license

(a) Temporary permit or a license required. A person shall obtain a license to operate a child-placement agency before engaging in finding homes for children by placing or arranging for the placement of the children for foster care or adoption. Each applicant or licensee shall submit an application, the required verifications and documentations, and the license fee and shall obtain a temporary permit or a license from the secretary, under any of the following circumstances:

(1) Before opening a new child-placement agency;

(2) before a child-placement agency that has been closed is reopened;

(3) upon a change in the location of the child-placement agency; or

(4) upon a change of ownership of the child-placement agency.

(b) Amendments.

(1) Any licensee may submit a written request for an amendment. Each licensee who intends to change the terms of the license, including the addition or closure of a satellite office, shall submit a written request for an amendment on a form provided by the department and a nonrefundable amendment fee pursuant to K.S.A. 65-505, and amendments thereto. An amendment fee shall not be required if the request to change the terms of the license is made at the time of the renewal.

(2) The licensee shall make no change to the terms of the license and shall conduct no business at an office not listed on the license unless an amendment is granted, in writing, by the secretary. If an amendment is granted, the licensee shall post the amended license in plain view at the child-placement agency and the previous license shall no longer be in effect.

(1) Any applicant or licensee may request an exception to a specific nonsafety regulation. Each request shall be submitted to the secretary on a form supplied by the department. Any request for an exception may be granted if the secretary determines that the exception is in the best interest of the children or families served by the child-placement agency and the exception does not violate statutory requirements.

(2) Written notice from the secretary stating the nature of the exception and its duration shall be kept on file at the child-placement agency and shall be readily accessible to the department, the child-placing agent of any child receiving services from the child-placement agency, and the Kansas department of corrections.

(d) Required approvals. Each applicant or licensee shall obtain the secretary's written approval before making any changes in either of the following:

(1) The type of services offered by the child-placement agency; and

(2) the physical structure of the child-placement agency due to new construction or substantial remodeling that affects the use of the licensed space or the use of any part of the premises.

(e) Renewals. No earlier than 90 days before but no later than the renewal date, each licensee wanting to renew the license shall submit the following:

(1) The nonrefundable license fee specified in K.A.R. 30-47-100;

(2) an application to renew the license on the form provided by the department; and

(3) a request to conduct the background checks specified in K.A.R. 30-47-905.

(f) Late renewal fee. Failure to submit the renewal application and fee within 30 days after the renewal due date shall result in an assessment of a late renewal fee equal to the renewal fee, pursuant to K.S.A. 65-505 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-505 and 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-905 Background checks

(a) With each initial application, documentation shall be submitted for each individual at least 18 years of age or older who will work or regularly volunteer to request a fingerprint-based background check from the national crime information center (NCIC) operated by the federal bureau of investigation (FBI) and other criminal justice users, a request to conduct a background check by the Kansas bureau of investigation (KBI), a check of the national sex offender registry, and a background check of the Kansas child abuse and neglect registry by the department in order to comply with K.S.A. 65-516, and amendments thereto. Each request shall be submitted to the department on a form provided by the department.

(b) For each individual 18 years of age or older who will work or regularly volunteer, the applicant or licensee shall submit a child abuse and neglect background check from each previous state of residence throughout the five-year period before the date of application; and

(d) All fees associated with NCIC checks shall be submitted in accordance with department policy.

(e) Each licensee shall develop and implement policies and procedures for completing background checks for each out-of-home foster family placement. The policy shall include the requirements listed in K.A.R. 30-47-805.

(f) Each licensee shall develop and implement policies and procedures for completing background checks for each adoptive family. The policy shall include the required information for the following:

(1) For each individual 18 years of age or older residing in the home, a fingerprint-based background check from the NCIC, a request to the department to conduct a background check by the KBI and a child abuse and neglect registry background check by the department; and

(2) For each individual 18 years of age or older residing in the home, a child abuse and neglect background check from each previous state of residence throughout the five-year period before the date of application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508 and K.S.A. 2022 Supp. 65-516; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-906 Administration

(a) Each licensee shall be responsible for the operation of the child-placement agency and shall meet the following requirements:

(1) Establish and maintain a written organizational plan, including an organizational chart, appoint an executive director to oversee the operation of the child-placement agency, and appoint qualified staff;

(2) provide staff, facilities, equipment, supplies, and services to children and families;

(3) adopt written administrative policies and procedures for the delivery of services and for the operation of the child-placement agency, including services to each foster family and adoptive family, client eligibility criteria, fee schedules for each program offered by the child-placement agency, and reimbursement rates for placement families;

(4) ensure that written personnel policies are developed and implemented that specify the necessary qualifications for each position and govern staff member selection, roles and responsibilities, and job duties;

(5) develop and implement written policies and procedures on the confidentiality of information, including confidentiality of child-placement agency records. Nothing in these policies and procedures shall prevent access to information about a child or a family by the child's child-placing agent, the sponsoring child-placement agency, law enforcement, the court, the Kansas department of children and families, or the Kansas department of corrections as allowed by applicable law;

(6) develop and implement written policies and procedures to prevent a conflict of interest or undue influence for any staff member of a child-placement agency, any known relative of a staff member of a child-placement agency, and any governing body member of a child-placement agency, who wants to be or is sponsored by that child-placement agency as a placement resource for a child in need of an out-of-home placement;

(7) develop and implement policies and procedures for addressing grievances concerning the delivery of services;

(8) adopt written policies and procedures for quality assurance;

(9) adopt written policies and procedures for recordkeeping and retention of records;

(10) adopt written policies and procedures for transportation services; and

(11) develop and implement policies and procedures on acceptable behavior management and discipline of children by staff members and volunteers of the child-placement agency and families sponsored by the child-placement agency. These policies and procedures shall include the following:

(A) The use of positive methods for behavior management that are appropriate to the age and developmental levels of children and encourage cooperation, self-direction, and independence;

(B) methods of behavior management that are designed to help each child develop inner controls and manage each child's own behavior in a socially acceptable manner;

(D) prohibition of corporal punishment.

(b) Each administrative program director shall oversee the daily operations and maintenance of the child-placement agency and implement the policies and procedures in compliance with licensing requirements.

(c) Each licensee shall have contracts or agreements with other agencies or service resources providers as needed for the provision of any services needed by children or families that are not provided by the licensee.

(d) Each licensee shall ensure that all child-placement agency contracts, agreements, policies, and procedures are reviewed annually and updated as needed.

(e) Each licensee shall ensure that the child-placement agency has a governing body, which shall exercise authority over and have responsibility for the operation, policies, and practices of the child-placement agency.

(f) The administrative program director of the child-placement agency shall prepare an annual report of the agency's activities. The report shall include fiscal and statistical sections indicating the levels of income and expenditures, the size and types of staff and the number of clients serviced by each service program.

(g) The administrative program director of the child-placement agency shall ensure financial solvency to carry out its program for the licensing period. Child-placement agencies which have not operated shall have capital necessary for at least a six-month period of operation. The agency shall prepare an annual budget and accounting of funds and shall be audited every three years by a certified public accountant.

(h) Each licensee shall ensure that no child is forced to participate in publicity or promotional activities.

(i) Each licensee shall ensure that all staff members and volunteers are informed of and have access to all written policies and procedures and the regulations governing the licensing of child-placement agencies in order to carry out their job duties.

(j) Each licensee shall ensure that all families who are sponsored by the child-placement agency are informed of and comply with all applicable policies and procedures of the child-placement agency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-907 Staff qualifications; staff levels; staff training; volunteers

(a) Each licensee shall employ qualified staff.

(1) Each individual working or volunteering in a child-placement agency shall be physically, mentally and emotionally capable of performing assigned duties necessary to maintain the health, comfort, safety and well-being of the children and families receiving services from the child-placement agency.

(2) Each licensee and each staff member shall demonstrate the following:

(A) An understanding of the child-placement agency's philosophies, purpose, services, and goals; and

(B) the necessary skills and abilities to carry out the individual's job duties in accordance with Kansas statutes and regulations governing child-placement agencies, foster care, and adoption.

(b) Each licensee shall employ an administrative program director who meets the following minimum qualifications:

(1) A master's degree in social work, counseling, social work administration, or a related human service degree from an accredited school and three years' experience in the management or supervision of child placing or residential care personnel and programs;

(2) a bachelor's degree in social work or a human service area of study from an accredited school and five years' experience in the management or supervision of child placing or residential care personnel and programs; or

(3) a bachelor's degree from an accredited school and two years' experience in child placing or residential care services if the administrator is responsible only for administrative functions such as personnel and fiscal matters and is not responsible for direct supervision of the programs and services of the agency.

(1) Hold a current license from the Kansas behavioral sciences regulatory board in one of the following professional categories:

(A) Psychologist;

(B) social worker;

(D) marriage and family therapist; and

(2) have the following education and experience:

(A) A bachelor's degree from an accredited college or university and two years of experience in child-placing services; or

(B) a master's degree from an accredited college or university and one year of experience in child-placing services.

(d) Each licensee shall employ child welfare workers to perform intake, provide direct services to children and families, select and authorize out-of-home and adoptive placements, and perform child assessments and family assessments related to foster and adoptive services. Each child welfare worker shall meet the following minimum qualifications:

(1) Hold a current license from the Kansas behavioral sciences regulatory board in one of the following professional categories:

(A) Psychologist;

(B) social worker;

(D) marriage and family therapist; and

(2) have a bachelor's degree from an accredited college or university.

(e) Any licensee may employ social service staff to conduct licensing health and safety inspections of family foster homes under the direction of a child welfare supervisor or a child welfare worker. The social service staff may assist child welfare workers in specific tasks involved in the licensing of family foster homes and the provision of supportive services to the family. The social service staff may assist in specific tasks involved in the delivery of services to children and families. Each social service staff shall meet the following minimum qualifications:

(1) Have a high school diploma or general education degree; and

(2) have two years of experience in working with families or children and have additional training, education, or professional development in the area of child development, education, or health.

(f) Each staff member performing the duties of more than one position shall meet the minimum qualifications for each position held.

(g) Each licensee shall ensure that the following staffing levels are met and that requirements are stated in child-placing agency policy:

(1) The maximum number of staff members to be supervised by each social service supervisor to allow for effective staff training, support, and oversight and to ensure the delivery of program services to children and families.

(2) The maximum caseload number that each child welfare worker shall carry to allow for all the necessary contacts and effective services with the children, families, foster families, adoptive families, and collateral contacts.

(h) Each licensee shall develop and provide orientation and training for all new staff members according to individual job duties and responsibilities to implement the policies and procedures of the child-placement agency.

(i) Each licensee shall provide an annual in-service training program to maintain staff members knowledge and skills necessary to ensure compliance with the child-placement agency's policies and procedures.

(j) If the child-placement agency utilizes volunteers, the licensee shall develop a written plan for their orientation, training, supervision, and use. Volunteers shall not be substituted for qualified or licensed staff.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-908 Case records

(a) Agency records. The child-placement agency shall maintain case records in a manner that is uniform, detailed, well written, and organized. Records shall be current and be made available for inspection by the department licensing division. The child-placement agency shall provide statistical data to the division when requested for public information, research, or planning purposes. The child-placement agency shall include in their case records the following:

(1) A copy of the current Kansas administrative regulations governing private child-placement agencies and family foster homes, which shall be kept on the premises and shall be available to all staff members;

(2) policies and procedures of the child-placement agencies, which shall be kept on the premises and shall be available to all staff members;

(3) the organizational chart for the child-placement agency;

(4) all quality assurance findings of the child-placement agency's internal program, which shall be available at the child-placement agency for review by the department;

(5) the child-placement agency's annual budget and accounting of funds audit as required by K.A.R. 30-47-906(g);

(6) the annual report of the child-placement agency's services and activities;

(7) all grievance reports and resolutions;

(8) documentation of current casualty and liability insurance;

(9) maintenance records for all facility-owned vehicles;

(10) personnel records that contain the following, for each employee:

(A) Date of hire;

(B) application or resume;

(D) driver's license;

(E) background check form as required by K.A.R. 30-47-905;

(F) behavioral sciences regulatory board license, if applicable;

(G) college diploma or transcript;

(H) references;

(I) annual performance evaluation;

(J) TB test results, as required; and

(K) signed statements for confidentiality and discipline policies.

(11) volunteer records that contain the following, for each volunteer:

(A) Date the individual started volunteering;

(B) application or resume;

(D) driver's license if transporting children;

(E) background check form as required by K.A.R. 30-47-905;

(F) references;

(G) dates of service;

(H) signed statements for confidentiality and discipline policies; and

(I) TB test results as required.

(b) Foster home records. Each child-placement agency that sponsors family foster homes shall keep separate records for each foster home, which shall be created at the time of application and shall contain the following:

(1) The application;

(2) references;

(3) background check form for each resident of the home as required by K.A.R. 30-47-805;

(4) the following medical records for each resident of the family foster home:

(A) Health assessment;

(B) immunizations or religious exemption for immunizations for all residents as applicable; and

(5) family assessments as required by K.A.R. 30-47-916;

(6) documentation of the child-placement agency contact with the family as required by K.A.R. 30-47-914;

(7) annual relicensing application and required documents; and

(8) placement history of the foster home, including the names of children placed, dates admitted and discharged.

(c) Adoptive home records. Each child-placement agency that provides adoption services shall keep separate records for each prospective and actual adoptive family. The adoptive home record shall contain the following:

(1) The application;

(2) references;

(3) background check form for each resident of the home as required by K.A.R. 30-47-905;

(4) medical records for each resident of the adoptive home, which shall include the following:

(A) Health assessment;

(B) immunizations or religious exemption for immunizations for all residents as applicable; and

(5) family assessments as required by K.A.R. 30-47-916;

(6) documentation of the child-placement agency contact with the family as required by K.A.R. 30-47-914;

(7) a copy of the information given to the parents concerning the child;

(8) all legal documents pertaining to the adoption;

(9) summary narrative on the preplacement and postplacement contacts with the family and the adopted child;

(10) a narrative that clearly indicates each reason a family was not accepted or did not have a child placed; and

(11) aftercare plans for follow-up services to the child and to the adoptive family.

(d) Child records. Each agency that has placed a child in a family foster home or adoptive home shall maintain individual child records, which shall include the following:

(1) Child information:

(A) name;

(B) date of birth;

(D) race; and

(E) place of birth.

(2) parent information:

(A) Name of mother;

(B) address of mother;

(D) marital status of mother;

(E) name of father;

(F) address of father;

(G) telephone number of father;

(H) marital status of father.

(3) legal documents;

(4) medical history, cumulative health record, and psychological and psychiatric reports;

(5) the circumstances precipitating the decision to place a child, the child-placement agency's involvement with the parents including services offered, delivered, or rejected, and all assessments, evaluations, and court reports;

(6) educational records and reports;

(7) copy of all case plans or person-centered support plans;

(8) summary and narrative regarding the child's contacts with the child-placement agency, biological or adoptive family;

(9) copy of interstate compact forms, if applicable;

(10) upon discharge, the following, which shall be placed in the child's case record:

(A) Date of discharge;

(B) reason for discharge; and

(i) name;

(ii) relationship to child;

(iii) address; and

(iv) telephone number.

(11) a discharge summary containing services provided during care, achievement of goals, strengths and continued needs; and

(12) aftercare plans.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-909 Reporting requirements

(a) Statistical reporting. Each licensee shall prepare the following reports:

(1) An annual report of the child-placement agency's activities, including fiscal and statistical sections indicating the levels of income and expenditures, the staffing level, and the number of children and families served by each service program of the child-placement agency; and

(2) when requested by the department, statistical data for public information, research, or planning purposes.

(b) Critical incidents.

(1) Each licensee shall report each of the following critical incidents to the department and to the child's child-placing agent within 24 hours of discovery:

(A) Any damage to the child-placement agency building or damage to the property that affects the structure of the building or the safety of children and families receiving services from the child-placement agency;

(B) any damage to a licensed family foster home or home sponsored or approved by the child-placement agency that affects the structure of the home or the safety of a child receiving services from the child-placement agency;

(D) any injury to a child that is potentially life-threatening or has the potential for a long-term disability; and

(E) the death of any resident of the licensed family foster home or child-placement agency-approved family foster home.

(2) Each licensee shall submit a written critical incident report specified in paragraph (b)(1) to the department and the child's child-placing agent within 24 hours of discovery. This report shall contain the following information:

(A) Name of licensed family foster home;

(B) child's name and birth date;

(D) factual summary of the incident, including the name of each individual involved;

(E) factual summary of the immediate action taken, including the name of each individual involved;

(F) signature of the licensee; and

(G) date of the report.

(c) Abuse or neglect. Each licensee shall report any suspected neglect, physical, mental, or emotional abuse, or sexual abuse of a child within 24 hours of discovery, by telephone or in writing, to the secretary of the Kansas department of children and families and when the department is not open for business, reports shall be made to the appropriate law enforcement agency.

(d) Infectious and contagious disease. If a licensee or a staff member contracts a reportable infectious or contagious disease specified in K.A.R. 28-1-2, the licensee shall report the disease to the county health department by the next business day. The licensee shall follow the protocol recommended by the county health department and shall cooperate fully with any investigation, disease control, or surveillance procedures initiated by the county health department.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-910 Services for children in out-of-home placement

Each licensee that sponsors family foster homes shall ensure that the child-placement agency policies and procedures meet the requirements of this regulation. The policies and procedures shall ensure that the services provided are designed to meet each child's needs for health, safety, well-being, and permanency.

(a) Case management services to the child. Each licensee shall ensure that the following services are provided to each child receiving services from the child-placement agency:

(1) Provisions for emergency placement of the child;

(2) provisions for alternative care for the child placed in a family foster home;

(3) oversight to ensure that the services in the case plan are provided to the child and the child's family;

(4) monitoring of the services and the placement of the child to ensure the child's health, safety, and well-being;

(5) ongoing assessment of services based on the changing needs of the child;

(6) implementation of the contacts and visits with the family specified in the child's case plan;

(7) implementation of the contact and visits with child-placement agency staff members specified in subsection (d);

(8) provision of any services needed to meet the child's specialized needs identified in the case plan or person-centered service plan, through direct services or through referral to other agencies or resources;

(9) assurance that each child has, as identified in the child's case plan, access to the courts, contact with parents, the child welfare worker, other professionals and advocates, including contacts by telephone, visits, written correspondence, and electronic correspondence;

(10) assurance that the educational needs of each child are met through the following:

(A) Facilitation of the child's timely enrollment and school attendance in a local school district or, when appropriate, the child's district of residence and facilitation of the child's regular attendance at school or at any place of instruction in accordance with the child's individual education plan; and

(B) providing the placement with the school contact information; and

(11) provision for consultation and assistance to any child if any issues arise that cannot be resolved between the child and the parent or caregiver in order to enhance the communication between the child and the foster family and to resolve issues between them.

(b) Intake and placement activities. Each licensee shall ensure that the child-placement agency policies and procedures meet the requirements of this regulation.

(1) Upon accepting a child for services, each licensee shall take the following actions:

(A) Obtain legal authority for placement and medical consents;

(B) designate a child welfare worker to select and authorize the selection of an initial placement for the child;

(D) designate a child welfare worker to be responsible for the development and implementation of the case plans for the child.

(c) Placement preparation and agreements. Each licensee shall ensure that written placement, preparation, and agreement policies and procedures are developed for each out-of-home placement. Each licensee shall ensure that each placement of a child complies with all federal and state statutes, regulations, and agreements governing placement of children in out-of-home placements.

(d) Initial and ongoing assessment.

(1) Each licensee shall ensure that an assessment is initiated for each child within 24 hours of acceptance for services and completed not later than 30 days from the date of acceptance. The assessment shall be as detailed as possible and, based on availability, shall include the child, the birth family, and other involved child-placement agencies.

(2) Each licensee shall ensure that each assessment is updated with any new information annually or as the needs of the child change.

(3) The initial assessment and each ongoing assessment shall be completed by a child welfare worker.

(4) Each assessment shall include the following information, as applicable:

(A) Identifying information, including the child's name, birth date, gender, and social security number;

(B) the child's tribal affiliation, cultural background, ethnic background, and spiritual or religious background;

(D) based on the child's level of understanding, the child's participation in the assessment, including the following:

(i) The child's understanding of the reason for an out-of-home placement or adoption;

(ii) likes, dislikes, interests, and concerns;

(iii) involvement in sports and school activities;

(iv) participation in spiritual or religious activities; and

(v) the type of family or placement preferred, including location;

(E) the need for the child to remain in the child's current school system;

(F) the need for the child to remain in the child's home community or to be placed in a contiguous community;

(G) the need for continuity of relationships, school, and service providers, based on the case plan;

(H) the specific reasons for removal from the birth family home, for the new out-of-home placement, or adoptive placement;

(I) the names and contact information for birth parents, other birth family members, or the child's guardian;

(J) the birth family structure, including birth order of the child, identifying information on any siblings, and location of any siblings;

(K) the birth family's social history, including strengths and needs;

(L) the role the birth family members are to have during placement of the child, including visitation and other contacts with the child and consideration of the physical distance between the birth family's residence and the location of the child;

(M) court involvement and the child's legal status;

(N) the child's current and previous out-of-home placements and adoptive placements;

(O) the child's medical and dental information, including immunizations, allergies, special dietary requirements, special needs, current medications, contact information for previous and current medical or dental care providers, and the need for continuity of providers in the new placement;

(P) the child's mental health information, including need for mental health services, contact information for previous and current mental health services used by the child or the birth family, and the need for continuity of mental health services providers in the new placement;

(Q) the child's school information, including the individual education plan, if applicable, the child's grade, schools attended, adjustment and achievements in school; and

(R) if the child is entering Kansas from another state or another country for placement, all available information obtained from the agency or entity that previously provided services to the child.

(e) Selection of placement.

(1) Each licensee shall develop and implement policies and procedures for selecting out-of-home or adoptive placements for children.

(2) Each licensee shall select the most appropriate placement for each child consistent with the identified needs of the child and the ability of the out-of-home placement or adoptive placement to meet the child's needs. The following factors shall be considered when selecting each placement for each child:

(A) The strengths and needs of the child, based on the initial assessment and the ongoing assessments of the child;

(B) the case plan goals of the child;

(C) if placement with a family, the composition and strengths of the family, the assessment of the family, and the current recommendation for placement; and

(D) if placement in a residential care facility, the admission criteria and the services provided.

(3) No child shall be placed in a licensed or child-placement agency-approved family foster home if the placement would cause the terms of the license or the approval to be exceeded. Exceptions to exceed the licensed capacity shall be submitted to the department for approval before placement.

(4) Each child who has committed an unlawful sexual act shall be placed in a family home setting after the child's child-placing agent, the sponsoring child-placement agency, and the prospective placement caregiver conduct an assessment to determine the level of supervision required, the ability of the placement caregiver to provide the supervision needed, and the potential sleeping arrangements.

(f) Contact with the child. Each licensee shall ensure that the written policies and procedures of the child-placement agency include requirements for the frequency and location of contact with the child by the assigned child welfare worker or designee. The policies and procedures shall include the following:

(1) After a child is placed in an out-of-home placement, contact shall occur at least one time each month. Each contact shall be in person at the child's placement.

(2) During each monthly in-person contact with the child, the child welfare worker or designee shall assess the health, safety, and well-being of the child and determine progress toward the case plan goals.

(g) Supports and services. When the placement has been selected, the licensee shall ensure that any needed supports and services are provided to the child to maintain the placement. If the placement is in a family home setting, the licensee shall ensure that the family receives any needed supports and services to maintain the placement.

(h) Medical services. Each licensee shall develop and implement policies and procedures to ensure that emergency and ongoing medical care is obtained for each child in an out-of-home placement.

(1) Each licensee shall ensure that each child has a health assessment scheduled within 14 calendar days of the child's first out-of-home placement, unless there is documentation of an assessment completed within the past year. The assessment shall be conducted by a physician with a current license to practice in Kansas or by a nurse with a current license to practice in Kansas who is approved to conduct assessments.

(2) Each licensee shall ensure that the immunizations for each child in an out-of-home placement or an adoptive placement are current as medically appropriate and are maintained current for the protection from diseases specified in K.A.R. 28-1-20. The child-placement agency policies and procedures shall include provision for an exemption from the immunization requirement that includes the following:

(A) written certification from a physician with a license to practice in Kansas stating that the physical condition of the child is such that the immunization would endanger the child's life or health; or

(B) a written statement signed by the child's parent or legal guardian that the parent or guardian is an adherent of a religious denomination whose teachings are opposed to immunizations.

(3) Each licensee shall ensure that emergency medical treatment is available for each child in an out-of-home placement or an adoptive family placement.

(A) Each licensee shall ensure that an original or copy of a medical and surgical consent form is maintained in the case record for each child in an out-of-home or an adoptive family placement.

(B) Each licensee shall provide an original or a copy of a medical and surgical consent form to each out-of-home placement provider or adoptive parent for each child placed with the out-of-home placement provider.

(i) Medication. Each licensee shall ensure that there is a plan for the provision of prescription and nonprescription medication for each child entering any out-of-home placement, to ensure continuity and to prevent any interruption in the administration of medication. For each child taking a prescription medication, each licensee shall ensure that a three-day supply of each current medication and a written prescription to fill or refill each medication is provided to the out-of-home placement at the time of placement. Each medication shall be in the individual original container and shall be given to the individual taking responsibility for the child.

(j) Dental services. Each licensee shall develop policies and procedures to ensure that emergency and ongoing dental care is obtained for each child in an out-of-home placement. Each child in an out-of-home placement who is 12 months of age or older shall be scheduled for a dental examination within 60 days of the child's first out-of-home placement or adoptive placement, unless there is documentation of an assessment completed within the previous six months.

(k) Placement information. Each licensee shall ensure that written policies and procedures for sharing child-specific information are provided to the foster family, the sponsoring child-placement agency for the family, or the residential care facility. The policies and procedures shall include the following as applicable:

(1) Signed medical and surgical consent forms or, in the case of an after-hours emergency placement, a provision for obtaining medical and surgical consent forms;

(2) a current agreement to place the child;

(3) a description of the circumstances leading to the current placement and the reason the child came into state or child-placement agency custody;

(4) a description of the child's recent circumstances, including all medical problems, mental health concerns, and safety concerns;

(5) information about the child's medication and dietary needs and the name of each of the child's current health care providers, if known;

(6) any allergies from which the child suffers, if known;

(7) the name, address, and telephone number for the last educational program the child attended;

(8) a copy of the court order or other document authorizing the secretary of the department for children and families or the child-placement agent to place the child;

(9) a designation of the race or cultural heritage of the child, including any tribal affiliation;

(10) the name and current contact information for the child's parent or legal guardian;

(11) the spiritual or religious affiliation of the child and the child's family;

(12) the child's placement history summary, including the name, address, and telephone number of any advocates;

(13) a description of positive attributes and characteristics of the child and, if available, related information from the child, the child's family including siblings, and concerned individuals in the child's life;

(14) the name and contact information for the child-placing agent who is responsible for supervising the child's placement; and

(15) a copy of the current case permanency plan.

(l) Mental health services. Each licensee shall develop and implement policies and procedures based on the initial and ongoing assessments of the child to ensure that any emergency and ongoing mental health services are obtained for each child in an out-of-home placement. The selection of a mental health services provider shall include consideration of the need for continuity with the current provider when there is a change in placement of the child.

(m) Documentation. Each licensee shall document the basis of each placement selection and the factors that were considered when selecting the placement.

(n) After-care services. Each licensee shall offer services to the child and the child's family to maintain the family unit.

(1) These services shall be offered for at least six months.

(2) Services shall be offered as follows:

(A) When the child is returned to the birth family after out-of-home placement;

(B) when the child has achieved alternative permanency, including independent living; and

(3) The offering of the services and any refusal of services shall be documented in the child's case file.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-912 Case plans

Each licensee that has responsibility for case planning for children in out-of-home placement or adoptive placements shall develop case planning policy and procedures. The policy and procedures shall include:

(a) Case plan time frames, tasks, and goals. Each case plan developed for each child accepted for services shall be time-limited, child-focused, and designed to meet the child's needs for health, safety, well-being, and permanency through identified goals and tasks.

(b) Participants. Each licensee shall develop and implement policies and procedures for case planning participation and shall include individuals who are significant to the child or who have knowledge of the child.

(c) Signatures. Each case plan and each periodic review shall be dated and signed by the child welfare worker, with the participants identified. The case plan shall include the start and end dates of the case plan.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-913 Services for birth families and expectant parents

Each licensee who provides services to birth families and expectant parents shall meet the requirements of this regulation.

(a) Each licensee shall develop and implement policies and procedures that include the following:

(1) The right of the birth family to select a specific child-placement agency for services, unless the selection is determined by the court or by another oversight agency or entity;

(2) a description of the range of services offered by the child-placement agency for birth families, including the fee schedule for each service;

(3) a prohibition of coercion of the birth parents in their decision-making process for the child;

(4) the birth family's legal rights under current Kansas statutes;

(5) the requirements of the child-placement agency for any birth family counseling, including the topics to be discussed;

(6) the plans for services to be provided to the birth family following the return home of the child from an out-of-home placement or the placement of a child with an adoptive family; and

(7) when adoption is the plan for the child, the following policies and procedures shall be developed:

(A) The process for sharing with the birth parents any information about potential adoptive parents for the child; and

(B) the child-placement agency's policies and procedures on contacts between the birth parents and the adoptive parents of a child.

(b) Each licensee shall have a written agreement with each birth family receiving services from the child-placement agency. The contents of the written agreement shall include a description of the services to be provided by the child-placement agency, all fee arrangements, and the rights and responsibilities of the parent and of the child-placement agency.

(c) Each licensee shall make referrals to other resources for any services needed by the birth family that are not provided by the child-placement agency. If referrals are made to another agency or resource, the child-placement agency shall contact the other agency or resource as needed to determine if the identified needs of the birth family are being addressed.

(d) Each licensee who provides services to parents or expectant parents considering relinquishing parental rights shall develop and implement policies and procedures for those services. Each licensee shall meet the following requirements:

(1) Each licensee shall ensure that each parent or expectant parent has the information and opportunity needed to explore the complete range of options available in planning for the future of the child.

(2) Each licensee shall provide each parent or expectant parent with the following information in writing:

(A) Information on whether the parent or expectant parent is required to sign a contract or an agreement with the child-placement agency concerning the proposed relinquishment;

(B) the rights of birth parents and expectant parents and the process of relinquishing parental rights, including the process for identifying the biological father and any and all presumed birth fathers of the child and the right to change a decision at any time before the execution of the relinquishment;

(C) the range of services provided by the child-placement agency for birth parents or expectant parents who decide to parent the child, including the child-placement agency's fee policies;

(D) the requirements for parent or expectant parent counseling about decision-making for the child, including the topics to be covered;

(E) the child-placement agency's policies and procedures concerning relinquishment and adoption, including the role of the birth parent or expectant parent in the selection of an adoptive family for the child;

(F) information about the different types of adoption and any continued involvement of the parent with the child once the adoption has been legalized;

(G) information about the range of available adoptive families for the child;

(H) the policy of the child-placement agency on any payments, goods, or services to be given to the parent or expectant parent, including a method for the itemization of payments, goods, or services consistent with applicable adoption law;

(I) any policy or requirement of the child-placement agency that would preclude the child-placement agency accepting a voluntary relinquishment, which may include the following:

(i) A medical condition of the child;

(ii) information needed as required by the indian child welfare act; and

(iii) the age of the child.

(3) Each licensee shall ensure that a plan for services is developed for each birth parent and each expectant parent receiving services from the child-placement agency. Services shall be based on the physical, emotional, and financial needs and the preferences of the birth parent or expectant parent and the availability of services and resources of the child-placement agency. Services may be provided by the child-placement agency staff or through referral of the birth parent or expectant parent to other community resources and shall include the following:

(A) Discussion of the decision to parent the child or to relinquish parental rights, including the following:

(i) Coping with feelings of grief and loss;

(ii) the reactions of family and friends to the decision to parent or to relinquish parental rights;

(iii) in the case of a decision to relinquish parental rights, concerns related to exchanging information or communicating with the adoptive parent; and

(iv) lifelong implications of the decision, including the possibility of adoption search;

(B) a referral for legal services;

(C) financial assistance if described in the written agreement between the parent or expectant parent and the child-placement agency;

(D) any medical assistance, including transportation, described in the written agreement; and

(E) a plan for follow-up services with the parent after the relinquishment of parental rights. The child-placement agency shall offer follow-up social services and counseling to each parent for at least six months following the relinquishing of parental rights.

(e) Each licensee shall ensure that policies and procedures of the child-placement agency address the additional requirements for providing services to parents or expectant parents who are minors. The policies and procedures shall include the requirements of this regulation, referral for legal counseling independent from the child-placement agency's legal services providers, and additional counseling for the minor parent and the minor parent's family.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-914 Sponsorship services for placement families and adoptive families

(a) Provision of reports. Each licensee shall ensure that the following information is made available to each prospective foster family and adoptive family upon request:

(1) A copy of the current child-placement agency license for the agency and contact information for the department for any licensing questions;

(2) a copy of the most current annual report prepared by the child-placement agency required by K.A.R. 30-47-909; and

(3) a copy of the grievance and appeal processes of the child-placement agency.

(b) Recruitment and retention. Each licensee shall ensure that there is an ongoing recruitment and retention plan to address the need for new and existing placement families and adoptive families. The plan shall include the following:

(1) Methods of recruitment and retention;

(2) types of advertising and other sources to be used;

(3) the establishment of goals for recruiting and retaining foster placement families or adoptive families to meet the needs of the children receiving services from the child-placement agency; and

(4) the identification of specific staff for recruitment and retention activities.

(c) Application process for prospective foster families and adoptive families. Each licensee shall develop and implement policies and procedures for the application process to become a foster family or an adoptive family sponsored by the child-placement agency.

(1) Each licensee shall ensure that the child-placement agency's policies and procedures are followed for the processing of each application of a prospective foster family or prospective adoptive family.

(2) The application process shall include the following:

(A) Obtaining authorization for the child-placement agency to obtain third party information to begin the assessment process, including authorization to conduct background checks and reference checks;

(B) obtaining a signed declaration of the prospective placement parent's intent to become a family foster home parent or the prospective adoptive parent's intent to become an adoptive parent;

(D) responding in writing to each prospective foster family and each prospective adoptive family no later than 30 calendar days after receiving the application, indicating the licensee's intent to proceed with the application process, to obtain additional information, or not to proceed with the process.

(3) Each licensee shall develop a child-placement agency application form for each prospective licensed or agency approved foster family and each prospective adoptive family that shall be completed, signed, and dated by each prospective parent and each prospective adoptive parent before the child-placement agency proceeds with the application process.

(d) Orientation. Each licensee shall ensure that there is an orientation program to provide prospective foster families and prospective adoptive families with the following information:

(1) The child-placement agency purpose, philosophical and religious beliefs, policies, and procedures on the sponsorship of placement families and adoptive families;

(2) information on the child-placement agency's requirements to become a foster family;

(3) the training requirements of the child-placement agency;

(4) the characteristics and needs of children typically receiving services through the child-placement agency or placed for adoption by the child-placement agency;

(5) all supports and resources available to placement families and adoptive families sponsored by the child-placement agency;

(6) information on applicable reimbursement rates and schedules and applicable fees for services;

(7) for families applying for a family foster home license or agency approval as a family foster home, information about the licensing or agency approval process;

(8) a description of the programs for which the licensee has been approved by the department and the services offered by the child-placement agency, which may include foster care, domestic adoption, intercountry adoption, and postlegalization or postfinalization services, and the role of the licensee in providing each of the services;

(9) the process the child-placement agency uses to select an adoptive family for a child;

(10) a statement clarifying that the payment of fees is for the services provided by the licensee and does not guarantee the placement of a child with the family;

(11) the expected time frames for each service provided;

(12) the process for sharing with an adoptive family any information about an adoptive child and the child's birth family;

(13) the policies and procedures on contact between the adoptive parents and the birth parents of a child; and

(14) any policy or requirements that would preclude placement of a child with a prospective family foster home or adoptive family.

(e) Notification to family. Following the application process, orientation, and completion of a family assessment, each licensee shall notify each prospective foster family or prospective adoptive family of the licensee's decision whether to accept the family for sponsorship. The notification shall be submitted in writing and provided to the family within 30 calendar days of the decision.

(1) If the decision is to accept the family, the notification shall include the effective date of sponsorship.

(2) If the decision is not to accept the family, the notification shall include the effective date and the reason for the decision.

(f) Support and ongoing contact. The designated child welfare worker or a social service staff member operating under the direction of the child welfare worker shall provide supportive services and shall have ongoing contact with each foster family and each adoptive family.

(1) The worker shall provide contact at least one time every three months to maintain communication when there is no child in the family foster home.

(2) The worker shall complete a monthly in-home face to face visit with a foster family when a child is in placement to identify any needed services and supports.

(3) The worker shall provide contact at least one time every three months, to maintain communication with the adoptive family.

(4) The worker shall complete a monthly in-home face to face visit with the adoptive family when a child is placed to identify any needed services and supports until the adoption is finalized.

(g) Training. Each licensee shall provide training opportunities for foster families and adoptive families through direct service or other training resources to enhance the knowledge and skills of placement families and adoptive families. Training for licensed placement families shall include the following:

(1) Prelicensure training.

(A) An instructor-led family foster home preparatory program approved by the department;

(B) an instructor-led first aid training course that includes cardiopulmonary resuscitation (CPR) for the ages of children to be placed;

(D) medication administration training.

(2) In-service training. Each licensee through direct service or other training resources shall offer at least two clock-hours of training every 90 days each licensing year for a minimum of eight clock-hours each year. At least two of the required eight clock-hours offered shall be instructor led or through participation in group training, including workshops, conferences, and academic coursework. The training topics shall provide the opportunity to develop competency in two or more of the following areas:

(A) Advocacy;

(B) attachment issues and disorders;

(D) crisis management including intervention techniques for problem or conflict resolution, diffusion of anger and de-escalation methods;

(E) communicating and connections with birth families;

(F) discipline and behavior management techniques;

(G) human sexuality including gender identification;

(H) human trafficking and exploitation;

(I) indicators of gang involvement;

(J) indicators of self-harming behaviors or suicidal tendencies and knowledge of appropriate intervention methods;

(K) medical and mental health disorders, treatment modalities, and pharmacology;

(L) principles of trauma-informed care and trauma-specific interventions;

(M) reasonable and prudent parenting standard;

(N) regulations governing family foster homes;

(O) report writing and documentation methods; and

(P) resources and services available to youth transitioning to independent living if applicable.

(h) Consideration for placement. Each licensee shall perform the following:

(1) Communicate all known strengths, behaviors, and needs of the child, including all

special or medical needs of a child to be placed with the adoptive or foster family;

(2) discuss the potential impact of the placement on the family and on the child;

(3) assist with the decision whether or not to accept the child; and

(4) identify any services that will be needed by the child or by the family during the placement.

(i) After placement. Following any decision to remove the child from the family foster home or adoptive family, each licensee shall assist the family with the impact of the removal on the family.

(j) Transfer of sponsorship. Each licensee shall develop and implement policies and procedures for the transfer of sponsorship of placement families and adoptive families from one sponsoring child-placement agency to another when the family requests a transfer. Provisions shall be made for any fee or reimbursement arrangements, completion of family assessments, and for the transfer of records.

(k) Transfer of sponsorship of placement families.

(1) Each transfer shall be based on the written request of a family submitted to the current sponsoring child-placement agency.

(2) The transfer of any licensed family foster home shall be approved by the department before the transfer is completed.

(3) The child-placement agency to which a foster family wants to transfer shall be responsible for the following before accepting sponsorship of the foster family:

(A) Ensuring that the request for transfer and orientation meet the requirements of subsections (c) and (d);

(B) notifying the family's current sponsoring child-placement agency of the request for transfer, the planned date of transfer, and the need for the family's record;

(i) A new family assessment that meets the requirements of K.A.R. 30-47-916;

(ii) reviewing the records, including any complaint history or corrective action plans, from the current child-placement agency and from any other available resources, including the department; and

(iii) based on the family assessment and the review of records, documenting any health and safety concerns and any plan of correction developed between the child-placement agency and the family; and

(D) before accepting any licensed family foster home for sponsorship, each licensee shall meet the requirements of paragraphs (k)(3) (A), (B), and (C) and the following additional requirements:

(i) Notify the department of the request for transfer of sponsorship on a form provided by the department;

(ii) review the most recent licensing health and safety inspection and completing a new inspection if needed;

(iii) provide the department and the family a copy of the new inspection and results;

(iv) provide the department documentation of the correction or plan of correction developed to address any areas of noncompliance that were identified in the assessment or the review of records; and

(v) obtain written approval of the transfer from the department.

(4) The current sponsoring child-placement agency shall be responsible for the following:

(A) Providing the foster family's record to the new sponsoring child-placement agency no later than 30 calendar days from the date of the notification of the family's request for transfer, including the following:

(i) The family assessment and any updates;

(ii) background check form;

(iii) preservice and in-service training materials;

(iv) all health and safety inspections and any related corrective action plans completed within the two-year period before the family's request to transfer;

(v) any history of grievances or complaints and any corrective action plans; and

(vi) the current application for licensure;

(B) notifying the child-placement agent of any child placed in the home that the family is requesting to transfer to a new sponsoring child-placement agency; and

(C) maintaining all sponsorship services to the family until the family's transfer to another child-placement agency has been completed.

(l) Withdrawal of sponsorship. Each licensee shall develop and implement policies and procedures for the withdrawal of sponsorship of foster families and adoptive families.

(1) Each licensee shall document the decision to withdraw sponsorship and the reasons for the decision.

(2) Sponsorship shall not be withdrawn until provisions have been made for any child who is in placement with the foster family or with an adoptive family before legalization or finalization of the adoption. The provisions for the child shall include one of the following:

(A) Arrangements for a new placement for the child; or

(B) completion of the transfer of sponsorship of the family to another child-placement agency.

(3) Each licensee shall notify the foster family or adoptive family in writing of the decision, within 30 calendar days of the decision.

(4) For each licensed family foster home, each licensee shall notify the department of the decision to withdraw sponsorship of the family at the time of notification to the family.

(m) Closure of a foster family or adoptive family home child-placement agency record. Each licensee shall develop and implement policies and procedures for the closure of a foster family or adoptive family home child-placement agency records.

(1) Foster families.

(A) When any foster family notifies the sponsoring child-placement agency that the foster family no longer wishes to be a placement resource for children, the licensee shall document the request and the reason for closure. The licensee shall complete the following:

(i) Work with the family to transfer placement of each child currently placed in the family home within 14 days;

(ii) notify the family of the closure of the child-placement agency's record within 30 calendar days of the closure; and

(iii) if the home is a licensed family foster home, notify the department of the family's reason for closure and the effective date, at the time the family is notified of the closure of the child-placement agency's record.

(B) While a child is in placement with the family, the sponsoring child-placement agency shall not close the child-placement agency record of the family.

(2) Adoptive families. When any adoptive family notifies the sponsoring child-placement agency that the family no longer wants to be an adoptive resource for children and wants to have the child-placement agency record closed, the licensee shall close the record, including the following procedures:

(A) Working with the family to transfer within 14 days, placement of any child who is placed in the adoptive family home, if the legalization or finalization of the adoption has not occurred; and

(B) notifying the family of the closure of the child-placement agency's record within 30 calendar days of the closure.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-915 Complaints and concerns regarding foster families and adoptive families

(a) Policies and procedures. Each licensee that sponsors foster placement families or adoptive families shall develop and implement policies and procedures for receiving, documenting, reporting and, when appropriate, conducting or participating in the investigations of complaints and concerns that involve foster families and adoptive families. The policies and procedures shall assess the ability of the foster family or adoptive family to protect the health, safety, and well-being of any child, shall include the reporting requirements of K.A.R. 30-47-909, and shall address the roles and responsibilities of the staff members and child-placement agency volunteers.

(b) Investigations by law enforcement or the department. When an agency other than the licensee is conducting an investigation of a foster family or an adoptive family sponsored by the licensee, each licensee shall meet the following requirements:

(1) Cooperate with the investigating agency throughout the investigation;

(2) assist the family during the investigation; and

(3) ensure that no staff member or volunteer of the child-placement agency discloses to the family any of the following without documented approval of the investigating agency:

(A) Information that would compromise the investigation; and

(B) advance notice of an unannounced contact to the family by the investigating agency or child-placement agency staff member.

(c) Sponsoring agency investigations on child-placement agency-approved placement families. If the licensee receives a complaint on a foster family that is not licensed as a family foster home or on an adoptive family and the complaint does not involve allegations of child abuse or neglect or of criminal activity, the licensee shall assign a child welfare worker to complete the following:

(1) Investigate the allegations;

(2) write a narrative report documenting the interviews, observations, and results of the investigation;

(3) document whether the contact with the family was announced or unannounced;

(4) notify the family in writing of the results of the investigation;

(5) if indicated by the results of the investigation, document the development and completion of the corrective action plan of the family;

(6) maintain the investigation narrative, the notification of results to the family, and the completion of any corrective action plan in the record of the family; and

(7) if the licensee determines that an investigation warrants the additional involvement of law enforcement or the department, the licensee shall refer the investigation to the appropriate entity.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-916 Family assessments for foster placement families and adoptive families

Each licensee shall develop and implement policies and procedures for the completion of family assessments. Each family assessment shall determine the fitness, ability, and suitability of a family to meet the needs and to provide for the health, safety, and well-being of any child who would be placed in the family home.

(a) Requirements for all family assessments.

(1) Each licensee shall designate a child welfare worker to complete an initial family assessment of each potential foster placement family and each potential adoptive family that is being considered for sponsorship and services by the child-placement agency.

(2) Each licensee shall ensure that an assessment of each potential placement family and each potential adoptive family is completed and the family has been approved for placement before placement of any child in a family home sponsored by the child-placement agency. In any case involving placement of a child with a non-related kinship family or an agency-approved family, the child may be placed with the family before completion of the family assessment. In this case the assessment shall be completed within 30 calendar days after the placement.

(3) Each licensee shall ensure that the process for completing each family assessment includes the following steps:

(A) At least one individual interview with each household member and at least one visit in the family home. The sponsoring child placement agency shall have discretion for either an interview or observation of family members based on age and developmental ability;

(B) a review of information obtained from other agencies, a relative reference, a non-relative reference, the preparatory training program assessment and recommendations, the department's child care licensing and registration information system, and other applicable sources; and

(4) Each licensee shall ensure that a written family assessment report is completed with the date, the signature and credentials of the designated child welfare worker or child welfare supervisor who is completing the assessment report. Each family assessment shall include a discussion and documentation of the following:

(A) Social history and background information for each parent, including the following:

(i) Parenting and child-rearing methods used;

(ii) history of violence or abuse;

(iii) relationships within the family;

(iv) marital history;

(v) extended family relationships;

(vi) family strengths;

(vii) functional literacy and communication;

(viii) life history of each parent, including significant life events;

(ix) residence history for the previous 5 years;

(x) employment history for the previous 5 years of each potential parent;

(xi) physical health, including chronic illnesses, physical limitations, substance use, and use of medications; and

(xii) mental health history of each family member;

(B) the manner that the family has coped with significant life events and life changes, including the following:

(i) Emotional problems or mental illness;

(ii) substance use, substance abuse and treatment for each family member;

(iii) legal issues or contacts with law enforcement;

(iv) marital or other significant relationship problems;

(v) history of violence or abuse;

(vi) medical problems;

(vii) financial problems, including bankruptcy;

(viii) family moves or changes in household composition; and

(ix) births and deaths;

(C) the family's experience, perception, and attitude about the foster care or adoption process, including the following:

(i) Experiences of each potential parent, including whether the parent has been disapproved as a prospective foster or adoptive parent or has been the subject of an unfavorable family assessment, including the reasons and any resolution of the disapproval or the unfavorable assessment; and

(ii) experiences, perceptions, and attitudes of extended family members;

(D) the current family composition and description of family life, including the following:

(i) A description of each family member, including age, gender, and racial, ethnic, and cultural background; functional literacy and communication skills;

(ii) relationships and interactions with individuals outside the family, including the neighborhood and community and the availability of support systems;

(iii) religious affiliation and practice;

(iv) financial stability and resources needed to maintain the family;

(v) assessment of the individual and family strengths and needs;

(vi) the manner in which each family member expresses emotions and feelings with the other family members, including the ability to express empathy and compassion;

(vii) skills in coping with feelings of anger or frustration and with provocation from children; and

(viii) ability of the family and of each member of the family to adapt to changes;

(E) information on each child currently in the family home, including the following:

(i) Interests, activities, and peer relationships;

(ii) typical behaviors and manner of expressing emotions and feelings;

(iii) the relationships between each parent and the child;

(iv) the parenting practices of each parent with the child; and

(v) the ability of each parent to see positive uniqueness of the child and to celebrate the child's achievements;

(F) each parent's capacity for the following:

(i) Providing for the basic needs of a child;

(ii) expressing sensitivity and concern for a child, including giving and receiving affection;

(iii) expressing the parent's own emotions and feelings;

(iv) setting boundaries and providing guidance to a child;

(v) being involved with the child's school and social activities; and

(vi) discussing decision-making, parenting, and child-rearing methods;

(G) each parent's motivation and the family's willingness and ability to accept a new child in the family and to meet the needs of a new child, including the following:

(i) Documenting expectations of each family member of the impact of a new child coming into the home;

(ii) understanding how to address the new child's own feelings of grief and loss and to assist the child with obtaining and participating in counseling if needed;

(iii) discussing the ability to evaluate and adjust expectations of a child's behavior;

(iv) assessing the ability to adapt to changes, to be flexible, and to use coping skills;

(v) discussing the parent's stated preferences or requests for specific characteristics in a child to be placed with the family, including age, sex, and the family's willingness to accept any special needs, child's history, and birth family background;

(vi) evaluating the family's interest and ability to meet the individual needs of a child, including a child with disabilities, special needs, or specific medical needs;

(vii) evaluating the way a child's individual needs will impact each member of the family, including extended family members;

(viii) assessing the family's interest, preparation, and willingness to accept a child of a different ethnic, cultural, or religious background, including sensitivity to and plans for dealing with the difference in background and the impact on the family's extended family; including the following:

(a) preserving the ethnic and cultural identity in a positive manner;

(b) considering the child's family, community, neighborhood, faith, or religious beliefs;

(d) considering the child's or the child's family's primary language; and

(e) assessing the family's openness toward contact with the child's birth family, understanding of the child's circumstances, and plans for discussion of the birth family and history with the child;

(H) each parent's willingness and ability to work with the child-placing agency, the child's birth family, and with others in the child's life; and

(I) a health and safety inspection of all parts of the family foster home conducted by the designated child welfare worker or social service staff member operating under the direction of the child welfare worker to review and discuss with the parents the following health and safety issues:

(i) Safe storage of medications, alcoholic beverages, household chemicals, personal care products, tools, and sharp instruments;

(ii) safe and secure storage of firearms, weapons, and ammunition;

(iii) fire or storm safety;

(iv) safety for swimming pools, hot tubs, bodies of water, or other hazards;

(v) vaccinations for pets and maintenance of the pet area in a safe and sanitary manner;

(vi) safe access and interactions between children and pets;

(vii) adequate sleeping arrangements for all residents of the home and for each potential child to be placed in the family home;

(viii) any structural hazards and the upkeep of the home; and

(ix) use of smoking products.

(5) The report shall include a summary of the assessment, the strengths and needs of the family, and supporting documentation, and a recommendation for placement. The written report shall include a recommendation for one of the following:

(A) Approval of the family for foster care or adoption, or for both, and for sponsorship by the child-placement agency, including a recommendation for the number, age range, sex, racial or ethnic background, and any special needs of a child whose needs would be best met by the family; or

(B) disapproval of the family's application for foster care or adoption and sponsorship by the child-placement agency;

(6) Each licensee shall ensure that the results of the written family assessment and any updates are reviewed with the family, including the recommendation for placement of a child with the family or the recommendation not to place a child. Documentation of the review shall be maintained in the family record at the child-placement agency.

(7) Each licensee shall ensure that each family assessment is updated by a designated child welfare worker at least one time every 12 months following completion of the original family assessment or the most recent update.

(A) An update to a family assessment shall also be completed when any of the following occurs:

(i) a family amends a license; or

(ii) a family has moved to a new home; or

(iii) the sponsorship of the family transfers from one child-placement agency to another.

(B) If the adoptive family lives in another state, each licensee shall document compliance with the statutes of the other state that govern the credentials of the individuals authorized to complete family assessments for adoptive families in that state.

(8) To complete an update, the designated child welfare worker shall conduct at least one interview with the parents and family members in the family home. The sponsoring child-placement agency shall have discretion for either an interview or observation of family members based on age and developmental ability.

(9) As part of the update, a designated child welfare worker or a designated social service staff member operating under the direction of the child welfare worker shall conduct at least one health and safety inspection of the family foster home.

(10) The update of each family assessment shall include the following:

(A) A review of changes in the family or the home since the original family assessment or the most recent assessment update;

(B) a review of the care and progress of each child currently placed with the family;

(C) a list of all children placed with the family since the most recent assessment, including for each child the date of admission, date of move from the family, and the reason for the move. The list shall be reviewed for any trends and shall be maintained in the family record at the child-placement agency; and

(D) an updated summary and recommendation by the child welfare worker completing the family assessment.

(b) Required for adoption assessments. In addition to the requirements in subsection (a), each licensee shall ensure that the following requirements are met for conducting family assessments for each family that is applying to adopt a child:

(1) Each licensee shall ensure that there is a recent photograph of the family in the family record.

(2) Each licensee shall ensure that requirements of the other state are met when a family is applying to adopt a child from another state, and the requirements of the other country are met when a family is applying to adopt a child from another country.

(3) The assessment shall include health insurance coverage for each potential parent.

(4) The assessment shall assess willingness and ability to meet the financial responsibility for a child.

(5) The assessment shall include health care coverage of any adoptive child upon the child's placement in the adoptive family home.

(6) The assessment shall assess each parent's willingness and ability to accept a legal risk adoption placement.

(7) The assessment shall include each parent's plan for discussing adoption with an adopted child, including discussion of the birth family of the child.

(8) The assessment shall assess each parent's attitude about adoption search, including the possibility of location and reunification of the child with the child's birth family or the child obtaining non-identifying information about the child's birth family.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-917 Specific services for licensed and child-placement agency-approved family foster homes

Each licensee that sponsors licensed or child-placement agency-approved foster families shall ensure that the child-placement agency policies and procedures meet the requirements of K.A.R. 30-47-906 and 30-47-914 and the additional requirements of this regulation.

(a) Application for license or child-placement agency approval as a family foster home.

(1) If a family wants to apply for a family foster home license or to become a child-placement agency-approved family foster home, each licensee shall designate a child welfare worker to oversee the completion of the following requirements as the secretary's designee:

(A) Assist the family with completion of the department's application form and all documentation required to obtain a family foster home license or agency approval;

(B) submit to the department a request for background checks for the family members as specified in K.A.R. 30-47-805;

(C) ensure that the designated child welfare worker or a social service staff member operating under the direction of the child welfare worker completes a licensing health and safety inspection of the family's home to determine compliance with statutes and regulations governing family foster home and documents the inspection on forms provided by the department. The inspection shall be completed no later than 60 calendar days after receiving the completed application. The designated child welfare worker shall complete the following additional steps:

(i) Ensure that the designated child welfare worker or a social service staff member operating under the direction of the designated child welfare worker completes any additional licensing health and safety inspections needed to verify the correction of any findings of noncompliance with all applicable family foster home statutes and regulations; and

(ii) after each licensing health and safety inspection, complete a written notice of survey findings, on a form provided by the department. If noncompliance is found, the written findings shall include the specific regulatory references and descriptions for each area of noncompliance; and

(D) submit to the department all documentation required for a family foster home license, on forms provided by the department, no later than 90 calendar days following the date of the application signed by the potential foster family.

(2) Each licensee shall ensure that the department is notified within 14 calendar days if a potential foster family withdraws an application or moves to a new home before a temporary permit or a license is granted.

(3) When a licensed or agency-approved foster family moves, each licensee shall submit to the department the initial licensing packet within 14 calendar days of a move.

(4) When a licensed foster family moves to a new home and has children in placement, each licensee shall request a temporary permit.

(b) Application to renew a family foster home license or agency approval. If a family wants to renew the family foster home license or agency approval, each licensee shall designate a child welfare worker or a social service staff member operating under the direction of the child welfare worker to assist the family with completion of the department's application forms, the request for background check form, and all documentation required to renew the license or agency approval.

(1) Each licensee shall ensure that a family assessment update is completed that meets the requirements of K.A.R. 30-47-916, including a review of the family's strengths and needs related to the children placed in the home during the previous year and the care and progress of each child currently placed with the family.

(2) Each licensee shall ensure that the designated child welfare worker or a social service staff member operating under the direction of the child welfare worker completes the following:

(A) An annual licensing health and safety inspection of the family's home to determine compliance with statutes and regulations governing family foster homes and document the inspection on forms provided by the department;

(B) any additional licensing health and safety inspections as needed to verify the correction of any findings of noncompliance with any family foster home statutes and regulations; and

(C) after each licensing health and safety inspection, a written notice of survey findings to document the survey findings, on a form provided by the department. If noncompliance is found, the written findings shall include the specific regulatory references and descriptions for each area of noncompliance.

(3) Each licensee shall ensure that all required documentation is submitted to the department within 90 calendar days of the department's request, including the following:

(A) Documentation of completion of the annual licensing health and safety inspection, any additional inspections conducted to verify compliance, and a plan of correction for any remaining areas of noncompliance;

(B) documentation of in-service training;

(D) an updated summary and recommendation for use.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-918 Adoption services

In addition to meeting the requirements of K.A.R. 30-47-914, each licensee who provides adoption services shall ensure that the child-placement agency policies and procedures meet the following additional requirements.

(a) Placement services to adoptive families and children. Each licensee shall develop and implement policies and procedures for the selection of adoptive families for children and for the preparation of each adoptive family and child.

(1) Selection of adoptive family.

(A) If the licensee is responsible for the selection of an adoptive family for a child, the selection shall be based on the adoptive family that can best meet the child's needs and shall meet the requirements of K.A.R. 30-47-912. When the birth parent of the child identifies any preferences about the characteristics of a potential adoptive family, each licensee shall consider those preferences.

(B) If the child's birth parent is making the decision for the selection of an adoptive family for a child, a designated child welfare worker shall counsel the birth parent on the selection process and on the important factors to consider in selecting the adoptive family.

(2) Preparation of adoptive family. When an adoptive family has been selected for the placement of a child for adoption, each licensee shall ensure that a designated child welfare worker prepares the family for the placement through the following procedures:

(A) Providing the family with full disclosure of known information from known resources on the background of the child and the child's family, including social, medical, behavioral, educational, legal, and placement history;

(B) informing the family of what background information is not known;

(C) referring the family to any resources needed to assist the family in understanding the background of the child, including medical history and any legal issues;

(D) discussing with the family the legal status of the child, including any legal risk;

(E) discussing with the family any requirement for the family to obtain a family foster home license;

(F) discussing with the family the financial impact of completing an adoption and any possible financial resources available; and

(G) providing information and counseling to assist and support the family in the family's decision to proceed with the adoption.

(3) Preplacement contacts. Each licensee shall develop and implement policies and procedures for preplacement contacts or visits between the child and the selected adoptive family.

(A) If the child is receiving services from the licensee, preparation for placement shall be provided as specified in K.A.R. 30-47-910(c).

(B) If the child is coming from another child-placement agency, another state, or another country, the licensee shall provide information about the family for the other agency's or entity's use in arranging for the adoption.

(4) Each licensee shall arrange for at least one preplacement contact or visit between the child and the selected adoptive family. When specified in the licensee's policies and procedures, a preplacement contact or visit may be waived for a newborn being placed directly from a hospital with an adoptive family.

(b) Services during placement. Each licensee shall designate a child welfare worker to provide services to the family during the placement.

(1) Supervision. The designated child welfare worker shall supervise each placement from the time a child is placed with an adoptive family until legalization or finalization to assess the following:

(A) The physical and emotional well-being of the child;

(B) successful attachment between the child and the adoptive family;

(D) confirmation that adoption-related issues are identified and services are offered as needed to maintain the placement.

(2) Contacts. The designated child welfare worker shall develop a plan with the family for regular contacts, including the following:

(A) The designated child welfare worker shall conduct a face-to-face visit with the entire family in the family home within the first two weeks of placement or, if the adoption occurred in another state, within the first two weeks of the family's return home.

(B) If the adoption occurred in another country, a face-to-face visit shall occur within the first 30 days of the family's return home.

(C) The designated child welfare worker shall conduct at least one face-to-face contact each month in the family home with the adoptive parents and the adopted child.

(D) If the child is from another state or another country, all additional contact requirements of the other state or other country shall be met.

(3) Documentation of contacts. Each licensee shall maintain records that include the following:

(A) Written documentation of all visits and significant contacts; and

(B) at least one postplacement report completed by the designated child welfare worker at the time of legalization or finalization, or more frequently if required by the court or by another country, and shall include information regarding the following:

(i) The physical health and emotional well-being of the child;

(ii) adjustment of each family member and of the adoptive child to the adoption;

(iii) financial changes in the family;

(iv) changes in family composition;

(v) changes in the physical health or emotional well-being of any family member that could affect the family's ability to care for the adoptive child;

(vi) any reports from other sources, including law enforcement, school or a child care provider, if applicable;

(vii) any other adoption issues that have arisen;

(viii) recommendation on the continued placement of the child; and

(ix) recommendation on the legalization or finalization of the adoption.

(c) Disruption. Each licensee shall develop and implement policies and procedures for the children and adoptive families when placements disrupt before the legalization or finalization of the adoption.

(1) If an adoption disruption occurs, the designated child welfare worker who is responsible for the adopted child shall develop a plan for removal of the child from the home and placement of the child in another adoptive home or other placement.

(2) The designated child welfare worker who is responsible for the adopted child shall ensure that services are provided to help the child deal with feelings of loss, grief, and anger and to adjust to the new placement.

(3) Each licensee shall offer services to the adoptive family following a disruption to assess the impact of the adoptive placement and the disruption on each member of the adoptive family, including any feelings of loss, grief, and anger. A designated child welfare worker shall assist the family in making any of the following decisions:

(A) To update the adoptive family assessment and begin the process of considering the family for placement of another adoptive child;

(B) to delay accepting any other adoptive child in the home; or

(d) Legalization or finalization. Each licensee shall develop and implement policies and procedures for adoptions that are finalized in Kansas. Each finalization shall be completed in a timely manner and shall meet the requirements of state statutes. The policies and procedures shall ensure that the following procedures are followed:

(1) The adoptive family shall retain an attorney for the legal process, separate from the attorney of the sponsoring child-placement agency.

(2) The child's child-placing agent shall ensure that all documents needed for legalization or finalization and for the application for a new birth certificate for the child are provided to the family's attorney.

(e) Postlegalization or postfinalization services. Each licensee shall develop and implement policies and procedures to ensure that postlegalization or postfinalization services are offered.

(1) Postlegalization or postfinalization services shall be offered to the adoptive family, including the adopted child, for at least six months following legalization or finalization of an adoption.

(2) The types of services to be offered to each family and each adopted child shall be based on needs identified with the family and may be provided by the licensee directly or through referral to other agencies or resources.

(f) Dissolution. Each licensee shall develop and implement policies and procedures for the children and adoptive families whose adoptions are at risk of dissolution after finalization of the adoption. If the licensee provides direct services to assist the family with the decision of whether to dissolve the adoption, the following requirements shall be met:

(1) Each licensee shall ensure that services are offered to each adoptive family and each adopted child to enable the child to remain as a member of the family, to assist the family in making a decision whether to dissolve the adoption, and, when possible, to enable the child to remain in the home. Services may be provided directly by the licensee or through referrals to other agencies or resources.

(2) If the adoptive parent decides to terminate the adoption and relinquish parental rights of the adopted child to the licensee and the licensee accepts the relinquishment, the licensee shall meet the requirements in K.A.R. 30-47-913 for services to parents who want to relinquish parental rights.

(3) If the licensee accepts responsibility for the child, the licensee shall develop a transition plan with the adoptive family for the movement of the child from the home and shall follow the requirements for services to children in K.A.R. 30-47-910.

(g) Adoption search.

(1) Each licensee shall develop and implement policies and procedures for adoption search services that include the following:

(A) A description of the type of information that the licensee will provide to an adopted child or adopted adult, an adoptive family, or the birth family of an adopted child or adopted adult;

(B) confidentiality requirements for the release of written or verbal information; and

(C) referrals to other service, support, or counseling resources as needed by adopted children and adults, adoptive families, and birth families.

(2) If the licensee provides adoption search services, the licensee shall identify and train specific staff members in adoption search services and activities.

(3) Services shall conform to the current statutes concerning the provision of information to adopted children and adopted adults and to adoptive families and to contacts with birth families.

(4) Specific services offered to adopted children and adopted adults, adoptive families, and birth families shall be based on the request of the individual, the availability of information maintained by the child-placement agency, and any assistance needed by the individual to understand the information.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-919 Health-related requirements

(a) Tobacco use prohibited. Each licensee shall ensure that tobacco products or electronic cigarettes are not used on the premises of the child-placement agency. Tobacco products or electronic cigarettes shall not be used by any staff member or volunteer of the child-placement agency in the presence of a child or a family receiving services from the child-placement agency.

(b) Health of staff members and volunteers at the child-placement agency.

(1) No staff member or volunteer of the child-placement agency shall be under the influence of alcohol or illegal substances or be impaired due to the use of prescription or nonprescription drugs while on duty.

(2) Each staff member and each volunteer shall be free from any infectious or contagious disease specified in K.A.R. 28-1-6.

(1) If a staff member or volunteer is exposed to an active case of tuberculosis or if the location of the child-placement agency is in an area identified by the local health department or the secretary of the department of health and environment as a high-risk area for tuberculosis exposure, tuberculin testing shall be required.

(2) Each staff member or volunteer diagnosed with suspected or confirmed active tuberculosis shall be excluded from work at the child-placement agency until the licensee receives authorization from the treating licensed health care provider for the staff member or volunteer to return.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-920 Environmental standards

(a) Location and premises. Each licensee shall ensure that the child-placement agency does not provide overnight care for any child in foster care.

(1) Each licensee shall ensure that the child-placement agency is accessible to the children and families receiving services from the child-placement agency, to the staff members and volunteers, and to the community.

(2) Each licensee shall ensure that sufficient space is provided for visitor, staff member, and volunteer parking.

(3) Each licensee shall ensure that public water and sewage systems, where available, are used. If public water and sewage systems are not available, each licensee shall maintain approval by the appropriate health authorities for any private water or sewage systems that are used.

(4) Outdoor areas shall be free of known health, safety, and environmental hazards.

(b) General building requirements.

(1) Each licensee shall ensure that the child-placement agency is located in a building that meets the following requirements:

(A) Complies with the requirements specified in K.S.A. 65-508 and amendments thereto, all applicable building codes, and local ordinances;

(B) is a permanent structure; and

(2) Before making any changes to the premises or the site plan, each applicant and each licensee shall submit to the department an updated detailed floor plan showing the changes.

(1) Each licensee shall ensure that there is space for the services to be offered, including the following:

(A) Waiting or reception areas;

(B) staff work spaces;

(D) bathrooms; and

(E) secure and retrievable storage of records.

(2) Each licensee shall ensure that privacy and confidentiality are assured for the children and families receiving services from the child-placement agency.

(d) Shared premises. If activities that are not part of the child-placement agency are conducted on the same premises as those for the child-placement agency, each licensee shall designate a room or rooms for the exclusive use of the child-placement agency.

(1) Each licensee shall ensure the room or rooms used by the child-placement agency are equipped with furniture and office supplies to meet the needs of the staff members and children and families receiving services. Furniture and office supplies shall be maintained in safe operating condition.

(2) Each licensee shall ensure that the facility has adequate locking central storage for supplies, medications, and property of children receiving services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-921 Safety

(a) Each licensee shall ensure that the premises are maintained to ensure the safety of children and families receiving services from the child-placement agency, the staff members, volunteers, and others.

(b) Each exit shall be marked. No exit shall be blocked at any time.

(c) A working telephone shall be on the premises and available for use at all times. Emergency telephone numbers shall be readily accessible or be posted next to the telephone for the police, fire department, ambulance, hospital or hospitals, and poison control center.

(d) Each licensee shall develop and implement an emergency plan to provide for the evacuation and safety of staff members and others in emergencies, including fires, tornadoes, storms, floods, and serious injuries. All of the staff members and volunteers of the child-placement agency shall be informed of the emergency plan, which shall be posted in a prominent location.

(e) Each licensee shall develop and implement policies and procedures regarding the storage and handling of firearms and other weapons on the premises. If a licensee prohibits carrying a concealed weapon on the premises of the child-placement agency, the licensee shall post a notice pursuant to K.S.A. 75-7c10, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Kan. Admin. Regs. § 30-47-922 Transportation

Each licensee shall ensure that the requirements of this regulation are met when any foster child receiving services from the child-placement agency is transported by a staff member or a volunteer of the child-placement agency.

(a) The driver shall be 18 years of age or older and shall hold an operator's license of a type appropriate for the vehicle being used, a copy of which shall be provided to the child-placement agency.

(b) The transporting vehicle shall be maintained in a safe operating condition.

(d) Trailers pulled by another vehicle, camper shells, or truck beds shall not be used for the transportation of any child.

(e) The use of seat belts and child safety seats shall include the following:

(1) Each foster child shall be secured by the use of a seat belt or a child safety seat when the vehicle is in motion.

(2) No more than one foster child shall be secured in any seat belt or child safety seat.

(3) Each seat belt shall be properly anchored to the vehicle.

(4) When a child safety seat, including a booster seat, is required, the seat shall meet the following requirements:

(A) Have current federal approval;

(B) be installed and used according to the manufacturer's instructions and the vehicle owner's manual;

(C) be appropriate to the height, weight, and physical condition of the child, according to the manufacturer's instructions and meet the requirements of K.S.A. 8-1344 and amendments thereto;

(D) be properly maintained;

(E) have a label with the date of manufacture and model number, for use in case of a product recall; and

(F) have no missing parts or cracks in the frame or have been in a collision.

(f) The health and safety of the children riding in the vehicle shall be protected as follows:

(1) All passenger doors shall be locked while the vehicle is in motion.

(2) Order shall be maintained at all times to allow safe operation of the vehicle.

(3) All parts of each foster child's body shall remain inside the vehicle at all times.

(4) Foster children shall neither enter nor exit from the vehicle from or into a lane of traffic.

(5) When the vehicle is vacated, the driver shall make certain that no foster child is left in the vehicle.

(6) Smoking in the vehicle shall be prohibited.

(7) When any foster child is in the vehicle, the driver shall pull over and stop the vehicle to use a cellular phone only for communication that is critical and is of short duration.

(8) Each foster child shall be transported to the location designated by the licensee with no unauthorized stops along the way, except in an emergency.

(g) If a vehicle used for transportation of a foster child that is receiving services from the child-placement agency is owned or leased by the child-placement agency, a first aid kit shall be in the vehicle.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; effective June 7, 2024.)

Article 51 Adult Abuse, Neglect or Exploitation (not in active use)

Kan. Admin. Regs. § 30-51-1 These rules and regulations shall expire on April 1, 1990

30-51-1 to 30-51-5. These rules and regulations shall expire on April 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-1422; effective, T-88-59, Dec. 16, 1987; effective May 1, 1988; revoked April 1, 1990.)

Kan. Admin. Regs. § 30-51-2 These rules and regulations shall expire on April 1, 1990

30-51-1 to 30-51-5. These rules and regulations shall expire on April 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-1422; effective, T-88-59, Dec. 16, 1987; effective May 1, 1988; revoked April 1, 1990.)

Kan. Admin. Regs. § 30-51-3 These rules and regulations shall expire on April 1, 1990

30-51-1 to 30-51-5. These rules and regulations shall expire on April 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-1422; effective, T-88-59, Dec. 16, 1987; effective May 1, 1988; revoked April 1, 1990.)

Kan. Admin. Regs. § 30-51-4 These rules and regulations shall expire on April 1, 1990

30-51-1 to 30-51-5. These rules and regulations shall expire on April 1, 1990.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-1422; effective, T-88-59, Dec. 16, 1987; effective May 1, 1988; revoked April 1, 1990.)

Kan. Admin. Regs. § 30-51-5 These rules and regulations shall expire on April 1, 1990

30-51-1 to

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-708c, 39-1422; effective, T-88-59, Dec. 16, 1987; effective May 1, 1988; revoked April 1, 1990.)

Article 60 Licensing of Community Mental Health Centers

Kan. Admin. Regs. § 30-60-1 Scope

The regulations set forth in this article shall provide for the licensing of, and set the standards for the services and programs required of, community mental health centers, including the following:

(a) Each center organized as a community mental health center pursuant to the provisions of K.S.A. 19-4001 et seq., and amendments thereto;

(b) each center organized as a mental health clinic pursuant to the provisions of K.S.A. 65-211 et seq., and amendments thereto; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 75-3307b, 75-3307c, and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-2 Definitions

(b) "Affiliated center" means any community mental health center that is licensed by the secretary in accordance with this article, based upon the exception specified in K.S.A. 75-3307b(b) and amendments thereto.

(c) "Center" means a community mental health center that is organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto, or K.S.A. 65-211 et seq., and amendments thereto, and that is licensed by the secretary in accordance with this article. This term shall not include any "affiliated center" that is licensed by the secretary in accordance with this article, based upon the exception specified in K.S.A. 75-3307b(b) and amendments thereto.

(d) "Consumer" means a person, whether a child, an adolescent, or an adult, who is in need of, is currently receiving, or has recently received any services from any mental health services provider. This term shall include, when appropriate in the context, the spouse of an adult consumer, the legal guardian of a consumer, the parent of a minor who is a consumer, the foster parent of a minor who is the subject of juvenile court proceedings, other members of the immediate family of a minor who is a consumer, and other individuals, including members of the immediate family of an adult consumer, who may be living with or assisting, or are otherwise being supportive of a consumer.

(e) "Contractor" means any individual or agency providing any service to a licensee in accordance with a contract, whether written or oral, entered into by the licensee and the contractor. This term shall not include a licensee. A "contractor" may also be an "affiliate" if the individual or agency has entered into an affiliation agreement with a center in accordance with the provisions of K.A.R. 30-60-29.

(f) "Department" means the department of social and rehabilitation services.

(g) "Division" means the division of mental health, addiction and prevention services within the department of social and rehabilitation services.

(h) "Executive director" means the individual appointed by a licensee in compliance with K.A.R. 30-60-40(a), regardless of whether that individual has been given any other title by the licensee. This term shall include, when appropriate, the designee of the executive director.

(i) "Licensee" means either a community mental health center licensed by the secretary in accordance with this article, or an "affiliated center" licensed by the secretary in accordance with this article. This term shall not include an "affiliate" or a "contractor."

(j) "Secretary" means the secretary of social and rehabilitation services. This term shall include, when appropriate, the assistant secretary for health care policy.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(t), 75-3307b; implementing K.S.A. 39-1603(t), 75-3304a, and 75-3307b; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-5 Two types of license; requirements

(a) Two types of license shall be issued by the secretary in accordance with this article. One shall be titled "community mental health center." The other shall be titled "affiliated community mental health center." To be eligible for either license, the applicant agency shall demonstrate that it can and will comply with all of the applicable requirements contained within this article. However, the applicant agency shall not be required to meet the requirements contained within article 61 that provide for those additional services and programs that a center must be capable of and willing to provide in order to be eligible to contract with the secretary to become a participating community mental health center.

(b) (1) Only one license shall be issued by the secretary to operate a "community mental health center" within a designated service area, which shall be stated upon the license issued.

(2) If the board of county commissioners for any county within the service area of a licensed center, pursuant to K.S.A. 19-4001 and amendments thereto, notifies the secretary of the board's withdrawal of its designation of that licensed center as the community mental health center for that county and requests that the secretary either approve the establishment of a new community mental health center for that county, as provided for in K.A.R. 30-60-10, or approve the realignment of the service area of another existing licensed center to include that county within its service area, as provided for in K.A.R. 30-60-12, and if the secretary approves either request, then at least one of the following actions shall be taken by the division:

(A) If the secretary's action involves the establishment of a new community mental health center to replace the existing licensed center and that existing center will not afterwards be serving any other county, the license of the existing center from which the board of county commissioners withdrew its designation shall be revoked.

(B) If the secretary's action involves the realignment of the service area of one or more existing licensed centers, a new license shall be issued to each involved center. Each new license shall state upon it the new service area of that center.

(c) Each agency meeting the exception specified in K.S.A. 75-3307b(b), and amendments thereto, shall be exempted from the limitation stated in subsection (b) above and may be licensed as an "affiliated community mental health center," if it complies with all of the following:

(1) The agency has an affiliation agreement, as specified in K.A.R. 30-60-29, with each center within whose service area the agency provides any services.

(2) The agency makes regular and timely applications for renewal of its license.

(3) The agency is at all times in compliance with all of the applicable requirements of this article, including those applicable to the services and programs it has agreed to provide in its affiliation agreement with any center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 75-3307b, 75-3307c, and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

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.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 75-3307b, 75-3307c, and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-7 Suspension; revocation of a license; procedure; voluntary surrender

(a) Any license issued by the secretary in accordance with this article may be suspended or revoked for failure of the licensee to be in compliance with the applicable requirements of this article.

(b) A license may be suspended only upon a determination by the division that continued operations by the licensee during any license revocation proceedings would constitute a serious threat to the health and safety of consumers receiving the licensee's services. A copy of this determination shall be provided to the licensee, in writing, and shall clearly state the reasons for it.

(c) Before revocation of a license, a written notice of the proposal to revoke the license shall be sent by registered mail to the executive director of the licensee, along with a copy of the division's determination to suspend the license during the revocation proceedings, if applicable. The notice shall include the following:

(1) A clearly written statement of the reasons for the proposed revocation of the license;

(2) the date upon which the revocation of the license will become effective, unless appealed; and

(3) notice to the licensee that this proposal to revoke its license may be appealed to the office of administrative hearings within the Kansas department of administration in accordance with article 7.

(d) If, at any time during the pendancy of revocation proceedings, the division is satisfied that the licensee is in compliance with all of the applicable requirements of this article and that it is in the best interests of the public that the proposed revocation be withdrawn, all parties to the revocation proceedings shall be notified by the division that the proposed revocation has been withdrawn. The revocation proceedings shall then be terminated.

(e) If, after notice to the licensee of a proposed revocation, the licensee does not timely appeal the proposed revocation, or at the conclusion of any revocation proceedings that result in the proposed revocation being upheld, the following actions shall be taken:

(1) The license previously issued shall be revoked by the division.

(2) The board or boards of county commissioners of each county within the service area of any center whose license has been revoked shall be notified by the division of the revocation and of the procedures by which the board or boards of county commissioners may establish a new community mental health center.

(f) A licensee may at any time voluntarily surrender its license. Upon a voluntary surrender of a license, the license shall be marked by the division as void. The board or boards of county commissioners of each county within the service area of any center that voluntarily surrenders its license shall be notified by the division of the licensee's voluntary surrender of the license and of the procedures by which the board or boards of county commissioners may establish a new community mental health center.

(g) If the division has revoked a license previously issued, or a licensee has voluntarily surrendered its license, the licensee may be required by the division to develop and implement a plan for the transfer of those consumers then receiving any services from the licensee to another licensed or other appropriate provider of these services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-8 Notice of need of a license; order to cease; appeal

(a) Upon the division's notice to any person or agency of the division's determination that the person or agency is providing services for which a license issued in accordance with this article is required, that person or agency shall either submit an application for the applicable license in accordance with K.A.R. 30-60-6 or cease provision of those services.

(b) If any person or agency so notified fails or refuses to submit, within 60 days, an application for the applicable license but continues to provide the services, a written order addressed and delivered to that person or agency may be issued by the division, requiring the person or agency to cease provision of those services until the person or agency is licensed in accordance with this article.

(c) Any order to cease provision of services may be appealed to the office of administrative hearings within the Kansas department of administration in accordance with article 7.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-10 Establishment of a new community mental health center; altered service area

(a) Pursuant to K.S.A. 19-4001 and amendments thereto, the establishment of a new community mental health center shall not be approved by the secretary if the proposed center's service area is already being served by one or more existing licensed centers, unless the respective board or boards of county commissioners notify the secretary of the following:

(1) The intent of the board or boards to withdraw their designation of the existing licensed center serving that area as their community mental health center; and

(2) the request of the board or boards that the secretary approve the establishment of a new community mental health center, as requested in accordance with K.A.R. 30-60-11.

(b) No licensed center may alter its existing service area to include an area already being served by one or more other licensed centers, except in compliance with subsection (a) and K.A.R. 30-60-11.

(c) Each proposal to establish a new community mental health center to serve an area not then being served by a licensed center shall be accompanied by an application for a license as a community mental health center as required by K.A.R. 30-60-6.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-11 Necessary elements for a proposal to establish a new community mental health center or to realign the service area of one or more existing centers

(a) A written request for approval of the establishment of a new community mental health center, or of the realignment of the service area of any licensed center, shall be made by the respective board or boards of county commissioners to the secretary, pursuant to K.S.A. 19-4001 and amendments thereto, and shall include, or contain as an attachment, the following:

(1) The rationale for the proposal;

(2) a specific plan for providing mental health services to persons living within the proposed new service area;

(3) an endorsement of the proposal by the governing boards and executive directors of any licensed centers that might be affected by the proposal, as appropriate;

(4) any written comments that have been received from other governmental agencies existing within any affected service area; and

(5) any written comments received from the public and a summary of any public comments made at a public hearing held for the purpose of receiving comments on the proposal. The division shall be consulted in advance of this public hearing and shall have approved of the procedures utilized in obtaining the public comments.

(b) The rationale for the proposal shall include the following:

(1) Information about how, and by whom, the decision to create the proposed new community mental health center or to realign the licensed center's service area was initiated;

(2) a map of the service area or areas proposed to be created;

(3) a statement describing the problems thought to exist with the provision of mental health services within this area; and

(4) information about how the proposed community mental health center or the realignment of any licensed center's service area will address these problems.

(1) A description of how the services required by this article to be provided by a community mental health center, and any other planned services, will be provided by the proposed new community mental health center or by the realigned center;

(2) a description of any unique mental health needs of the community within the proposed service area and the manner in which those needs will be met by the proposed new community mental health center or realigned center;

(3) evidence of the establishment of a working relationship between the proposed new community mental health center or realigned center and the local district court, other local providers of mental health services, and the applicable state hospital, as designated in K.A.R. 30-26-1a;

(4) a plan for adequate staffing of the proposed new community mental health center or realigned center;

(5) a description of the planned structure of governance, organization, and management of the proposed new community mental health center or the realigned center;

(6) a financial plan detailing how the proposed new community mental health center or the realigned center will be financed during an initial five-year period; and

(7) a statement of the anticipated fiscal and service impacts that the creation of this proposed new community mental health center, or the realignment of the licensed center, would have on all other affected service areas.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-12 Approval or disapproval of a proposal to establish a new community mental health center or to realign the service area of one or more existing centers

(a) Each proposal to establish a new community mental health center, or to realign the service area of one or more licensed centers, and the materials required to be submitted to the secretary by K.A.R. 30-60-11 shall be reviewed by the division to determine whether or not the proposal contributes to the state's overall plan for providing mental health services. Additional comments from the following may be received or sought out by the division:

(1) Other divisions within the department;

(2) appropriate representatives of the district court for the proposed service area or areas;

(3) consumer organizations;

(4) representatives or advocates of consumers; and

(5) other individuals or agencies as the division deems appropriate.

(b) The approval or disapproval of the proposal may be recommended to the secretary by the division. The proposer shall be notified by the division of that recommendation in writing. If the division recommends disapproval of the proposal, the notification shall clearly state the reasons for this recommendation.

(c) Any recommendation to the secretary that the proposal be disapproved may be appealed to the office of administrative hearings within the Kansas department of administration in accordance with article 7.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-13 Responsibility for compliance

(a) Each center shall comply with the requirements of this article.

(b) Each center shall ensure compliance with the applicable requirements of this article by any affiliated center, affiliate, or contractor with which the center has entered into an affiliation agreement or contract to provide any service specified in this article.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1604(r), 75-3307b; implementing K.S.A. 39-1603(r), 75-3307b, and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-14 Departmental assistance; cooperation with compliance monitoring

One or more employees of the division may be assigned by the department to provide technical assistance to a licensee or to assist a licensee in developing its quality improvement program or other similar responsibilities. Each licensee shall cooperate with that employee's efforts and with that employee's monitoring of the licensee's ongoing compliance with the requirements of this article. This cooperation shall include providing that employee with reasonable access to all of the facilities and administrative records of the licensee and to all clinical records and treatment or service activities of the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-15 Access; identification; information

(a) Each center shall make every reasonable effort to overcome any barriers that consumers may have to receiving services, including the following:

(1) Physical disabilities;

(2) disabilities specifically resulting from any mental illness;

(3) language or other communication barriers;

(4) barriers associated with cultural, social, ethnic, and religious factors; and

(5) barriers associated with economic issues, including a consumer's access to public transportation, child care needs, and the demands of the consumer's employer.

(b) Each center shall make the following information generally known to or easily discoverable by the public:

(1) The address and location of the center;

(2) the center's usual office hours;

(3) the center's telephone number, including any telephone number that should be called in an emergency; and

(4) the types of services provided by the center or its contractors, or by any affiliated center or affiliate with which the center has an affiliation agreement. Each center shall make an effort to advertise the center's services, the services of any affiliated center or affiliate with which the center has an affiliation agreement, and the availability of those services, at locations where consumers are likely to be found.

(c) If a center is physically located within a multiuse or multipurpose building, the center shall insure that the center can be found within that building by having posted, both outside and inside of the building, signs or other directory information sufficient to assist consumers to locate the center.

(d) Each center shall make available at the center, and at other appropriate locations, materials that provide information about the following:

(1) A description of the center and the services that the center or its contractors provide;

(2) a description of any affiliated center or affiliate with which the center has an affiliation agreement and the services that each provides;

(3) the rights of consumers;

(4) the center's policy on fees and adjustments to those fees; and

(5) the ways to contact the center for services.

(e) The materials specified in subsection (d) shall be designed to be comprehensible to persons with only a limited education.

(f) All center stationery used to communicate with the public and any preprinted materials prepared for use in communicating with consumers shall have printed on that stationery and those materials the center's name, address, and telephone number, including any telephone number that should be called in an emergency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 65-4434(f), 75-3307b, and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-16 No denial of required services; exceptions; requirements; rights, documentation

(a) No center shall deny necessary and appropriate services to any person requesting mental health services from that center unless any of the following conditions is met:

(1) The person requires services that are not required by K.A.R. 30-60-64 to be provided by a center and that are not provided by the center.

(2) The person refuses to pay the fees charged for any services provided, even after those fees have been adjusted or reduced in compliance with K.A.R. 30-60-17, unless the center is required by K.A.R. 30-60-64 to provide those services.

(3) The person is determined by the executive director to have engaged in behavior that threatens the safety of center staff or other individuals present at the center, but only if every reasonable effort has been made to address those issues. The denial of services may continue only as long as the behavior continues.

(b) If a center denies any necessary and appropriate services to any person, the center shall take one or more of the following actions, as applicable:

(1) (A) If the services being denied are services that are required by K.A.R. 30-60-64 to be provided by a center, immediately send to the division the name and address of that person, a list of what specific services are being denied, and the reasons why this denial has been instituted; and

(B) refer the person to another mental health services provider with whom the center has made arrangements for the provision of those services to that person, including, if the other provider requires it, arrangements for the other provider to be paid for its services by the center;

(2) if the services being denied are services not required by K.A.R. 30-60-64 to be provided by a center, refer the person to another appropriate provider; or

(3) if the person is engaging in threatening behavior, either initiate the appropriate involuntary admission of that person to a state psychiatric hospital or to another appropriate treatment facility, or take other appropriate actions necessary to ensure the safety of both that person and other individuals, including, when necessary, calling the appropriate law enforcement agency.

(c) Each person who has been denied any services by a center shall have the right to file a complaint concerning that denial, as specified in K.A.R. 30-60-51, and shall be informed of the procedures and process of filing a complaint. The center shall document its compliance with this requirement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-17 Prohibition against denial of required services because of an inability to pay fees; establishment of a schedule of fees; adjustment; disclosure; reviews; collection of fees

(a) No center shall deny to any consumer requesting services from that center any necessary and appropriate services that the center is required to provide by K.A.R. 30-60-64, solely because of the consumer's inability to pay the fees charged by the center for those services, even after those fees have been adjusted or reduced in compliance with this regulation.

(b) Each center shall print upon all center stationery used to communicate with the public and any preprinted materials prepared for use in communicating with consumers a statement indicating that the center will not deny to any consumer necessary and appropriate services that the center is required by K.A.R. 30-60-64 to provide, solely because of the consumer's inability to pay the fees charged by the center for those services. This statement shall also indicate that the fees charged by the center may be adjusted or reduced in compliance with this regulation.

(c) Each licensee shall periodically establish the fees that the licensee charges for its services. These fees shall be published in a schedule of fees, which shall be made available to anyone upon request.

(d) Each licensee shall adopt and adhere to written policies and procedures specifying when staff shall have the authority to adjust from the published schedule of fees the actual fee that will be charged for any service provided to any consumer. These policies and procedures shall require that a consumer's ability to pay that fee, or any responsible party's ability to pay that fee, shall be considered in making any adjustments. These policies and procedures shall further specify the circumstances in which the services provided by the licensee would be provided to a consumer free of any charge.

(e) Each licensee shall perform the following:

(1) Require its staff to disclose to any consumer seeking services from the licensee that licensee's schedule of fees for those services, and the policies and procedures under which designated staff members have the authority to adjust those scheduled fees; and

(2) require its staff to periodically review the circumstances of every consumer receiving services from the licensee to determine whether any adjustments to the fees being charged that consumer should be made.

(f) Each licensee shall adopt and adhere to written policies and procedures providing for the collection of fees to which the licensee is entitled but that remain unpaid after they are due. These policies and procedures shall include the following:

(1) Requiring staff to document the efforts undertaken to collect any fees that have not been paid when due;

(2) specifying under what circumstances any past-due charges may be reduced or forgiven;

(3) providing that any individual responsible for paying any past-due charges may request that the licensee reduce or forgive all or part of those past-due charges; and

(4) providing that any consumer whose request that past-due charges be reduced or forgiven is denied shall have the right to file a complaint concerning that denial, as provided for in K.A.R. 30-60-51, and shall be informed of the procedures and process of filing a complaint.

(g) Each licensee shall document its compliance with the requirements of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 75-3307b; implementing K.S.A. 39-1603(r), 75-3307b, and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-18 Coordination and community involvement

Each center, in order to facilitate the coordination of services between itself and other agencies and the referral of consumers, both to the center by others and by the center to other providers of services, shall establish and maintain cooperative working relationships with those local public and private agencies who are also likely to provide services to consumers, including the following:

(a) The department of social and rehabilitation services local area office and any applicable divisions or contractors of the department;

(b) public health agencies, public and private hospitals and clinics, other health care providers, and providers of specialized mental health services, including private mental health treatment facilities, nursing facilities for mental health, and residential care facilities for the mentally ill;

(c) community developmental disability organizations and community mental retardation and developmental disabilities service providers;

(d) the local regional alcohol and drug abuse assessment center and other treatment agencies for alcohol or substance abuse;

(e) public and private schools and other education agencies;

(f) law enforcement agencies, including jails and other adult detention facilities;

(g) the district court for each county within the service area of the center;

(h) juvenile justice agencies, including juvenile detention facilities;

(i) public housing authorities;

(j) area agencies on aging;

(k) employment service agencies;

(l) homeless shelters; and

(m) agencies run by or specifically oriented to consumers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-19 Data and statistical reporting

(a) Each center shall compile and report to the division data and statistics concerning the operations of the center and its utilization by the community as the division may require.

(b) These data and statistical reporting requirements shall be developed by the division after consultation with the association of community mental health centers, inc. and other parties as the division deems appropriate.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-25 Governing or advisory board; powers; bylaws

(a) Each center shall have a governing board empowered to perform the following:

(1) Adopt bylaws and establish policies and procedures for the center;

(2) set goals and adopt necessary plans and a budget for the center; and

(3) exercise general supervisory authority over the center, including having the authority to hire, evaluate, and fire the executive director of the center, appointed in compliance with K.A.R. 30-60-40.

(b) If, pursuant to K.S.A. 19-4002a or 19-4002b, and amendments thereto, the board of county commissioners acts as the governing board for their center, then the advisory board, pursuant to K.S.A. 19-4002a or 19-4002b, and amendments thereto, shall be empowered to make recommendations to the board of county commissioners concerning the same matters as those listed in subsection (a).

(1) Consist of no fewer than seven members;

(2) include among them at least one member who is currently being treated for or who has in the past experienced a severe and persistent mental illness. In addition, a second member shall be included who is a member of a family that has a child or adolescent who is currently being treated for or who has in the past experienced a severe emotional disability or disorder;

(3) to the extent possible, and over time and in rotation, both be representative of the various communities within the center's service area, and include representatives from the following groups within the community:

(A) Public health agencies;

(B) medical professionals;

(D) public assistance agencies;

(E) hospitals and clinics, including any psychiatric treatment facilities;

(F) mental health organizations;

(G) educational agencies;

(H) rehabilitation services agencies;

(I) labor and business organizations;

(J) civic groups and organizations;

(K) consumer-run organizations and advocacy groups; and

(L) the general public.

(d) The governing or advisory board shall meet at least quarterly, and comprehensive minutes of all meetings of the board shall be kept.

(e) Each center's bylaws and its other policies and procedures shall meet the following criteria:

(1) Provide for the governance of the board, the terms of office of its members, and the election of their successors;

(2) clearly set out and differentiate the responsibilities, authorities, and roles of the following:

(A) The governing or advisory board;

(B) the executive director; and

(3) establish how the center shall operate.

(f) If a center is operated as a governmental agency or is operated as a department of a hospital, the bylaws shall include provisions establishing and delineating the lines of authority between the superior governmental authority or the hospital's ownership and the governing or advisory board of the center.

(g) If the center is organized as a private, nonprofit corporation, it shall meet the following criteria:

(1) Be incorporated pursuant to Kansas statutes;

(2) be duly registered with the secretary of state and the register of deeds for the county in which the principal office of the center is located;

(3) pursuant to K.S.A. 19-4007 and amendments thereto, file its written contract for providing mental health services to the residents of that county or counties with the board or boards of county commissioners of the county or counties it serves; and

(4) adopt bylaws, which shall include the following:

(A) A delineation of the powers and duties retained by the corporation's board, its officers, and any committees;

(B) a delineation of the authority and responsibilities delegated to the corporation's employed staff;

(C) the criteria for membership in the corporation, the types of membership that there are, the manner in which the members are elected or appointed, the length of term of membership, and the method of filling vacancies in the membership;

(D) the frequency of corporation meetings and quorum requirements;

(E) the objectives of the corporation; and

(F) other items that may be appropriate or necessary to demonstrate how the corporation is organized, operates, and selects its officers.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-26 Conflict of interest prohibited

Each licensee shall ensure that no individual serving on the licensee's governing or advisory board or as an employee, contractor, or consultant engages in activities constituting a conflict of interest between the licensee's provision of services and the private, remunerative activities of that individual, employee, contractor, or consultant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-27 Annual audit

(a) Each center shall annually obtain an independent audit of the financial affairs and records of the center.

(b) The reports of this audit shall be made available to anyone upon request.

(c) A copy of the two most recently completed audit reports shall be attached to the center's application for renewal of its license, submitted to the division in accordance with K.A.R. 30-60-6, unless previously provided to the division in accordance with K.A.R. 30-60-19 or any separate grant or contract compliance requirement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-28 Mission and vision statements; strategic plan; coordination with quality improvement program

(a) Each center shall develop, adopt, and display at appropriate locations a statement of its mission, including a concise statement of the purpose for which the center exists, the general nature of the services it provides, and the population to whom it provides those services.

(b) Each center shall develop and adopt a vision statement of its goals for the future and the values it holds with regard to the consumers it serves.

(c) Each center shall develop and adopt a statement of its strategic plan, including specific, measurable, short-term, and long-term goals, and the specific means or methods by which it intends to accomplish those goals.

(d) Each center shall ensure consistency between its strategic plan and its quality improvement program required by K.A.R. 30-60-55.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-29 Affiliation agreement; notice to secretary of a center's refusal to enter into; investigation and recommendations; no agreement imposed

(a) Each center shall have a written affiliation agreement with each affiliated community mental health center that is licensed by the secretary in accordance with this article based upon the exception provided for in K.S.A. 75-3307b(b), and amendments thereto, and that provides any of the services described in this article within the service area of that center. Any center may enter into an affiliation agreement with any other provider of mental health services with which the center chooses to enter into an affiliation agreement.

(b) Each affiliation agreement shall contain the following:

(1) A description of the types of services that the affiliated center or other provider has agreed to provide, pursuant to the terms of the affiliation agreement;

(2) provisions concerning how and by what procedures a consumer requesting or receiving services from the center can be referred to the affiliated center or other provider;

(3) provisions concerning how and by what procedures a consumer requesting or receiving services from the affiliated center or other provider can or should be referred to the center;

(4) any necessary and appropriate financial arrangements between the center and the affiliated center or other provider;

(5) provisions concerning how and by what procedures the affiliated center or other provider will assist the center in the collection of any data or statistics that the center may require in order to comply with K.A.R. 30-60-19;

(6) a statement that the affiliated center or other provider agrees to provide any of the services it provides in a manner consistent with the mission statement of the center and that the affiliated center or other provider accepts and will abide by the values of the center. This statement shall include a description of how the services that are to be provided by the affiliated center or other provider will augment or supplement the services of the center or how those services will promote the strategic plan of the center adopted in compliance with K.A.R. 30-60-28;

(7) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-30, concerning the solicitation of consumer comments and suggestions;

(8) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-48, concerning de-escalation techniques and emergency behavioral interventions;

(9) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-51, concerning accepting and resolving complaints;

(10) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-55, concerning the center's quality improvement program;

(11) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-56, concerning the center's risk management program;

(12) an agreement specifying that the affiliated center or other provider is subject to and will abide by and utilize the policies and procedures that the center adopts in compliance with K.A.R. 30-60-57, concerning the center's utilization review program; and

(13) provisions specifying when and under what circumstances the affiliation agreement either expires or can be cancelled.

(c) (1) If a center refuses to enter into an affiliation agreement with either of the following types of agencies, the agency may notify the secretary of that refusal:

(A) Any agency that wishes to become an affiliated provider and that would otherwise be entitled to any benefits that would be associated with being an affiliate of a community mental health center; or

(B) any agency that would otherwise be entitled to a license as an affiliated community mental health center by virtue of the exception specified in K.S.A. 75-3307b(b) and amendments thereto.

(2) Upon notification of a center's refusal to enter into an affiliation agreement, the division or any other individual or agency may be requested by the secretary to investigate the circumstances leading to this refusal and to make recommendations to either or both parties.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b(b); implementing K.S.A. 75-3307b(b) and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-30 Solicitation and consideration of consumer comments and suggestions

(a) Each center shall adopt and adhere to written policies and procedures that provide for regular and ongoing solicitation of comments and suggestions from its consumers. Each center shall utilize both formal and informal means of soliciting these comments or suggestions and shall ensure the solicitation of a diverse group of consumers to whom the center, and each affiliated provider with which the center has an affiliation agreement, provides services.

(b) Each center shall ensure coordination between the solicitation of consumer comments and suggestions and its quality improvement program required by K.A.R. 30-60-55.

(c) Records that demonstrate each center's compliance with this requirement shall be centrally maintained for at least five years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-40 Personnel

(a) Each licensee shall vest the following duties in an executive director, to be appointed by and responsible to the governing board of a center, or as provided for in the bylaws or other policies and procedures of an affiliated provider:

(1) Responsibility for the day-to-day operations of the licensee;

(2) assurance of the quality of the services provided; and

(3) the effective and efficient management of the licensee's resources.

(b) The medical responsibility for any consumer to whom the licensee provides services shall be vested in a licensed physician. If the physician is not a psychiatrist, then a psychiatric consultant shall be made available to this physician and to other staff assigned to work with that consumer on a continuing and regularly scheduled basis.

(c) Each licensee shall provide its services using appropriately trained or professionally qualified staff. Each licensee shall ensure that it retains the services of sufficient staff to appropriately meet the needs of those consumers to whom the licensee is providing any services. All treatment shall be provided by, or provided under the direction or supervision of, professionally qualified staff.

(d) Each licensee shall ensure that its professional staff meets any applicable state licensing, registration, or certification requirements and has completed any training program that may be required by the division within the contract, if any, in accordance with K.A.R. 30-61-5, that the department has with the center or with the center with which the licensee is affiliated.

(e) Each licensee shall ensure that any staff providing any community-based services outside of the offices of the licensee have completed, or will have completed within six months, a community services training program approved by the division.

(f) Each licensee shall insure that any volunteers or students providing any services to any person are screened, trained, and regularly supervised in accordance with written policies and procedures, which shall meet the following criteria:

(1) Govern the scope and extent of volunteer or student participation in any treatment being provided; and

(2) require training that shall include a review of the center's policies and procedures regarding confidentiality and consumer rights.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-41 Personnel policies and procedures

(a) Each licensee shall adopt and adhere to written personnel policies and procedures providing for the rights, duties, and responsibilities of all members of the licensee's staff.

(b) These policies and procedures shall require the following, at a minimum:

(1) That a written job description exist for each position and that it be reviewed by supervisory staff with the employee and revised on a regular basis;

(2) that each employee will receive, at least annually, a written performance evaluation based upon the duties and responsibilities assigned to that staff member within the job description for that position;

(3) that any professional staff obtain and maintain the skills necessary to meet the individual needs of the consumers to whom the licensee provides services; and

(4) at any time a consumer is employed by a licensee, that the licensee will abide by guidelines for the employment of consumers that may be established by the division. These guidelines shall be available from the division, and each licensee shall be responsible for obtaining these guidelines from the division.

(c) All personnel policies and procedures that a licensee adopts, including any amendments to those policies and procedures, shall be made available for inspection by all members of the staff.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-45 Administrative records

Each licensee shall adopt and adhere to written policies and procedures providing for the creation, retention, and destruction of accurate administrative and business records that shall clearly reflect the business, financial, and administrative operations of the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-46 Clinical records

(a) Each licensee shall adopt and adhere to written policies and procedures providing for a written, consolidated, and current clinical record for each consumer to whom the licensee provides any service.

(b) This record shall meet the following criteria:

(1) Be contemporaneously created during the course of services, in accordance with the policies and procedures of the licensee concerning the format, organization, and content of these records;

(2) be stored in a secured location with access limited to staff providing treatment to that consumer, and to other individuals only as specified in the policies and procedures of the licensee; and

(3) be maintained in accordance with policies and procedures of the licensee that provide for the following:

(A) The retention of inactive records;

(B) the destruction of obsolete records;

(D) the release of copies of records.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-47 Confidentiality and release of information

(a) Each licensee shall adopt and adhere to written policies and procedures that shall ensure the confidentiality of the clinical record, and all portions of that record, and any other information concerning each consumer who has at any time requested or received, or who is currently receiving any services from the licensee. These policies and procedures shall be consistent with any applicable federal or state law, regulation, or rule concerning the confidentiality of that information.

(b) The clinical record, any portion of that record, or any information concerning any consumer who has ever requested or received or who is currently receiving any services from a licensee shall be released only as authorized by law or upon the written authorization of that consumer, or, if applicable, of the parent, legal guardian, or other appropriate representative of that consumer. This authorization shall contain the following:

(1) The name of the consumer whose clinical record, or any portion of that record, or about whom information is being authorized to be released;

(2) the name and address of, or other information identifying, the person or agency to whom the consumer's clinical record, any portion of that record, or any other information is being authorized to be released;

(3) the name of the licensee or the staff member employed by the licensee being authorized to release the consumer's clinical record, any portion of that record, or any other information;

(4) the reason or purpose for the release of the consumer's clinical record, any portion of that record, or any other information;

(5) (A) A clear indication that the entire clinical record is to be released;

(B) a clear description of the specific portion of the clinical record that is to be released; or

(6) the date, event, or condition upon which the authority to release any information or any portion of the clinical record will expire;

(7) a statement that the consumer authorizing the release of the clinical record, any portion of that record, or any other information reserves the right, to, at any time before this authorization would otherwise expire, revoke the authorization except for any information or record or portion of that record that has already been released, and information concerning how this revocation may be effected;

(8) the date on which the authorization is signed; and

(9) the printed name and the signature of the person authorizing the release, whether the consumer or, if applicable, the parent, legal guardian, or other appropriate representative of the consumer.

(c) Before the release of a consumer's clinical record or any portion of that record, or any other information concerning any consumer who has at any time requested or received any services from a licensee or who is currently receiving any services from a licensee, the staff member making the release shall make a reasonable effort to ensure that the authority or authorization upon which the release is being made is in the proper form and, in the context made, seems appropriate. If the staff member believes that any question should be raised concerning the release of any information or record, or portion of any record, that staff member shall make a reasonable effort to confirm the propriety of the release.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-48 De-escalation techniques and emergency behavioral interventions

(a) Each center shall adopt and adhere to written policies and procedures that require the following:

(1) Each staff member, volunteer, and contractor shall utilize only de-escalation techniques or emergency behavioral interventions that the staff member, volunteer, or contractor has been appropriately trained in or is professionally qualified to utilize. Each use of these techniques and interventions shall be consistent with the rights of consumers as listed in K.A.R. 30-60-50.

(2) No practice utilized shall be intended to humiliate, frighten, or physically harm a consumer.

(3) No practice that becomes necessary to implement shall continue longer than necessary to resolve the behavior at issue.

(4) Physical restraint or seclusion shall be used as a method of intervention only when all other methods of de-escalation have failed and only when necessary for the protection of that consumer or others.

(5) Each instance of the utilization of a physical restraint or the use of seclusion shall be documented in the consumer's clinical record required by K.A.R. 30-60-46 and reviewed by supervising staff and the center's risk management program required by K.A.R. 30-60-56.

(6) Each instance in which the utilization of a de-escalation technique or emergency behavioral intervention results in serious injury to the consumer shall be reported to the division.

(b) Each center shall ensure that each affiliated provider with which the center has an affiliation agreement adheres to the center's policies and procedures adopted in compliance with subsection (a) of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(d) and (t), 65-4434(f), and 75-3306b; implementing K.S.A. 39-1603, 39-1604(d), 65-4434(f), 75-3304a, and 75-3307b; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-49 Transportation

(a) Each licensee providing any transportation to consumers shall adopt and adhere to written policies and procedures that require the following:

(1) Before a staff member, a volunteer, or a contractor provides any transportation of a minor consumer, the staff member, volunteer, or contractor shall obtain permission to transport that minor from the minor's parent or legal guardian. If the transportation of a minor is necessary because of a medical or other emergency and permission cannot be obtained, the nature of the emergency and the reason why that permission was unable to be obtained shall be documented in the consumer's clinical record required by K.A.R. 30-60-46.

(2) Each driver of any vehicle used to transport a consumer shall be 18 years of age or older and shall hold a current operator's license for the type of vehicle being used.

(3) Each vehicle owned or leased by the licensee shall be covered by accident and liability insurance. Documentation of the current insurance coverage shall be kept both within the vehicle and in the administrative records maintained by the licensee in accordance with K.A.R. 30-60-45.

(4) Each vehicle owned or leased by the licensee shall be equipped with a fire extinguisher and a first-aid kit, and shall be maintained in a safe operating condition.

(5) No more persons may be transported in a vehicle than the number of safety restraints that the vehicle contains. No more than one person may utilize a single safety restraint at any time.

(6) Only age-appropriate safety restraints may be utilized.

(7) No trailer pulled by another vehicle or truck bed may be utilized to transport any consumer. No motorcycle may be utilized to transport any consumer.

(8) Smoking shall not be permitted at any time a minor consumer is being transported. Smoking shall not be permitted if any consumer being transported objects to that smoking.

(9) The driver of the vehicle shall not smoke, use a cellular telephone, or eat or drink while the vehicle is in motion.

(10) The driver shall require all parts of each passenger's body to remain inside of the vehicle while the vehicle is in motion.

(11) The driver shall require all doors of the vehicle to be locked while the vehicle is in motion.

(12) The driver shall not leave any minor consumer unattended in the vehicle at any time. The driver shall make certain that no consumer is left in the vehicle before vacating the vehicle.

(13) The driver shall transport each consumer directly to the intended destination without any unauthorized stops en route, except in cases of emergency.

(14) The driver shall require other staff from the licensee to accompany the driver on the trip whenever necessary to provide adequate supervision of the consumers being transported either because of the number of consumers being transported or because of the nature of a consumer's illness or disability.

(15) The driver shall not allow any consumer to enter or exit the vehicle from or into a lane of traffic.

(16) If a personal vehicle belonging to any staff member, a volunteer, or a contractor is utilized to transport a consumer, the driver and owner of the vehicle shall be covered by sufficient liability insurance to protect the interests of any consumer that is transported.

(b) Nothing in this regulation shall be construed to require any licensee to provide transportation to any consumer.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-50 Statement of rights; distribution; adherence to

(a) Each center shall publish and make available at the center, at the principal place of business of each affiliated provider with which the center has an affiliation agreement, and at other appropriate locations a written statement of the rights of consumers.

(b) Each consumer receiving services from any licensee providing services within the center's service area shall be given a copy of this statement during intake or at the consumer's first appointment, and again at least annually thereafter. Staff shall provide oral or other appropriate explanations that may be required to assist the consumer in understanding the consumer's rights. Delivery of this statement and the provision of any necessary explanations to each consumer shall be documented in that consumer's clinical record required by K.A.R. 30-60-46.

(1) The right of the consumer to always be treated with dignity and respect, and not to be subjected to any verbal or physical abuse or exploitation;

(2) the right of the consumer not to be subjected to the use of any type of treatment, technique, intervention, or practice, including the use of any type of restraint or seclusion, performed solely as a means of coercion, discipline, or retaliation, or for the convenience of staff or any volunteer or contractor;

(3) the right of the consumer to receive treatment in the least restrictive, most appropriate manner;

(4) the right of the consumer to an explanation of the potential benefits and any known side effects or other risks associated with all medications that are prescribed for the consumer;

(5) the right of the consumer to an explanation of the potential benefits and any known adverse consequences or risks associated with any type of treatment that is not included in paragraph (c)(4) and that is included in the consumer's treatment plan;

(6) the right of the consumer to be provided with information about other clinically appropriate medications and alternative treatments, even if these medications or treatments are not the recommended choice of that consumer's treating professional;

(7) the right of a consumer voluntarily receiving treatment to refuse any treatments or medications to which that consumer has not consented, in compliance with the consumer's rights;

(8) the right of a consumer involuntarily receiving treatment pursuant to any court order to be informed that there may be consequences to the consumer if the consumer fails or refuses to comply with the provisions of the treatment plan or to take any prescribed medication;

(9) the right of the consumer to refuse to take any experimental medication or to participate in any experimental treatment or research project, and the right not to be forced or subjected to this medication or treatment without the consumer's knowledge and express consent, given in compliance with the consumer's rights, or as consented to by the consumer's guardian when the guardian has the proper authority to consent to this medication or treatment on the consumer's behalf;

(10) the right of the consumer to actively participate in the development of an individualized treatment plan, including the right to request changes in the treatment services being provided to the consumer, or to request that other staff members be assigned to provide these services to the consumer;

(11) the right of the consumer to receive treatment or other services from a licensee in conjunction with treatment or other services obtained from other licensed mental health professionals or providers who are not affiliated with or employed by that licensee, subject only to any written conditions that the licensee may establish only to ensure coordination of treatment or any services;

(12) the right of the consumer to be accompanied or represented by an individual of consumer's own choice during all contacts with the licensee. This right shall be subject to denial only upon determination by professional staff that the accompaniment or representation would compromise either that consumer's rights of confidentiality or the rights of other individuals, would significantly interfere with that consumer's treatment or that of other individuals, or would be unduly disruptive to the licensee's operations;

(13) the right of the consumer to see and review the clinical record maintained on that consumer, unless the executive director of the licensee has determined that specific portions of the record should not be disclosed. This determination shall be accompanied by a written statement placed within the clinical record required by K.A.R. 30-60-46, explaining why disclosure of that portion of the record at this time would be injurious to the welfare of that consumer or to others closely associated with that consumer;

(14) the right of the consumer to have staff refrain from disclosing to anyone the fact that the consumer has previously received or is currently receiving any type of mental health treatment or services, or from disclosing or delivering to anyone any information or material that the consumer has disclosed or provided to any staff member of the licensee during any process of diagnosis or treatment. This right shall automatically be claimed on behalf of the consumer by the licensee's staff unless that consumer expressly waives the privilege, in writing, or unless staff are required to do so by law or a proper court order;

(15) the right of the consumer to exercise the consumer's rights by substitute means, including the use of advance directives, a living will, a durable power of attorney for health care decisions, or through springing powers provided for within a guardianship; and

(16) the right of the consumer to at any time make a complaint in accordance with K.A.R. 30-60-51 concerning a violation of any of the rights listed in this regulation or concerning any other matter, and the right to be informed of the procedures and process for making such a complaint.

(d) Each licensee providing any services within the service area of the center shall at all times adhere to each of these consumer rights.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-4434(f), 39-1603(r), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3304a, and 75-3307b; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-51 Complaints; review; appeals; procedures; records

(a) Each center shall adopt and adhere to written policies and procedures that allow for any consumer, individual, or agency to make a written complaint about any member of the staff or any aspect of the center's operations, requirements, or services, or those of any affiliated center or other provider with which the center has an affiliation agreement. These policies and procedures shall include the following requirements and provisions, at a minimum:

(1) Notice shall be displayed at appropriate locations stating that any consumer, individual, or agency has the right to make a complaint. This notice shall also describe the procedures by which a complaint can be made.

(2) No particular form shall be required in order to make a complaint, but appropriate forms shall be made available at appropriate locations for use by any consumer, individual, or agency wishing to make a complaint.

(3) Procedures shall exist so that a complaint can be made confidentially if a consumer, individual, or agency so desires.

(4) The staff of the center shall be trained to be alert to, listen for, and identify a complaint of a significant nature that is made either orally or incompletely by a consumer receiving any services from the center, or from any affiliated center or other provider with which the center has an affiliation agreement. The staff shall be required to assist that consumer to write out the complaint if made orally or to more specifically record that complaint for the consumer if the consumer fails or is unable to completely write out the complaint.

(5) The executive director shall review in a timely manner every complaint made, conduct any investigation as appropriate, and take any appropriate actions.

(6) If the complaint is the result of a discontinuation or reduction of any service that had been provided to a consumer, the executive director may, at the executive director's discretion, require that the service that was discontinued or reduced be restored to its former level pending the outcome of the executive director's investigation and determination.

(7) If a complaint received by a center concerns any matter involving the staff or any action, decision, policy, or requirement of an affiliated center or other affiliate, the executive director of the center may refer the complaint to the executive director of that affiliated center or other affiliate for that director's response. The response of the executive director of the affiliated center or other affiliate may be included in or attached to the center's response when a response is made or if a response is required to be made to a consumer.

(8) The executive director of the center shall reply, in writing, to every complaint concerning any aspect of either the center's operations, requirements, or services, or those of any affiliated center or other provider with which the center has an affiliation agreement, that is made by a consumer receiving services from the center, any affiliated center, or any other provider with which the center has an affiliation agreement, not later than 30 days following receipt of that complaint. This reply shall state the executive director's findings and determinations with regard to that complaint.

(9) A system shall be established to analyze all complaints made during specified periods of time to determine whether any trend or pattern appears and, if so, to attempt to identify the cause of those complaints or any other issue presented and to deliver this information either to the executive director or to another appropriate party.

(10) Any consumer who is dissatisfied with a determination of the executive director may appeal that determination to the division.

(11) Each appeal of a determination of the executive director shall be made in writing, within 30 days of receipt of that determination. Each appeal shall be addressed to the executive director of the center and shall state specifically the determination that is being appealed and the reasons why the consumer believes that the determination of the executive director is wrong.

(12) Upon receipt of such an appeal, the executive director may contact the consumer who is appealing and offer to meet personally with that consumer to see if some agreement or other resolution can be reached, or to offer mediation of the dispute to the consumer.

(13) The appeal of the executive director's determination shall proceed as provided for in this regulation. The executive director shall forward to the division the consumer's written appeal and both the original complaint and the executive director's written reply to that complaint when any of the following circumstances occurs:

(A) The executive director does not choose to make any offer for a meeting or for mediation.

(B) The consumer refuses any offer for a meeting or for mediation.

(C) Thirty days have elapsed following receipt of the appeal, and no agreement or resolution has been reached within that time period through the use of any meeting or meetings, or through a process of mediation.

(14) One or more employees of the division shall be assigned by the department to make an investigation and conduct any proceedings necessary to decide the outcome of the appeal. That employee or panel of employees shall give due regard to the rights and interests of both the consumer who is appealing and the center or the affiliated center or other affiliate against which the complaint was made. These procedures shall include the right of the consumer to be represented in the appeal by any individual of that consumer's choice.

(15) If the appeal resulted from a complaint that any service that had been provided to the consumer was discontinued or reduced, the division employee or panel of employees assigned to hear the appeal shall have the authority to require a licensee to restore that service to its former level during the pendency of the appeal.

(16) Following any investigation or proceeding that is determined appropriate, the division employee or panel of employees assigned to hear the appeal shall make a written decision with regard to the issues appealed. This decision shall be sent to the following individuals:

(A) The consumer and the individual that the consumer selected to represent the consumer, if applicable;

(B) the executive director of the center; and

(17) The decision of the division's employee or panel of employees may be appealed to the office of administrative hearings within the Kansas department of administration in accordance with article 7.

(18) Records of every complaint and appeal made, and of the final determination or decision made with regard to each complaint, shall be centrally maintained for at least five years.

(b) No consumer shall be denied any service or otherwise penalized solely for any of the following reasons:

(1) Having made a complaint;

(2) having refused any offer to meet, to meet again, or to engage in mediation;

(3) failing to continue any process of mediation even though begun;

(4) failing to resolve or settle the complaint; or

(5) making or pursuing an appeal.

(c) Nothing in this regulation shall be construed to limit the right of any person to bring any action against a licensee that is permitted by law.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3307b, and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-55 Quality improvement program; records

(a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive quality improvement program designed to continually measure, assess, and improve the quality of the services that are provided by the center, any affiliated center, or any other provider with which the center has an affiliation agreement. These policies and procedures shall require the following:

(1) An ongoing means by which the program measures the degree of consumer satisfaction with the services, from consumers who are currently being or who have recently been provided these services by the center, any affiliated center, or any other provider with which the center has an affiliation agreement;

(2) an ongoing means of furnishing feedback to the staff that provides those services with regard to each consumer's satisfaction or dissatisfaction; and

(3) procedures that ensure that information gathered or generated by the center's risk management program, required by K.A.R. 30-60-56, and the center's utilization management program, required by K.A.R. 30-60-57, is available to and utilized by the center's quality improvement program.

(b) Records that demonstrate the center's compliance with this regulation shall be centrally maintained for at least five years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-4434(f), 39-1603(r), and 75-3307b; implementing K.S.A. 39-1603, 75-3307(b), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-56 Risk management program; records

(a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive risk management program designed to review and evaluate clinical and administrative activities for the following purposes:

(1) Identifying and analyzing incidents that present a risk of harm to consumers, staff, and other individuals, including the public at large, or a risk of financial loss to the center or to any affiliated center or other provider with which the center has an affiliation agreement; and

(2) determining actions that might reduce the risks specified in paragraph (a)(1).

(b) Incidents that the risk management program specified in subsection (a) shall review shall include the following, at a minimum:

(1) Any suicide or homicide, attempted suicide or homicide, or other unexpected death involving a consumer who is currently receiving or has recently received any services from the center, the affiliated center, or any other provider with which the center has an affiliation agreement;

(2) any act or series of acts resulting in significant destruction of property belonging to the center, or to the affiliated center or other provider with which the center has an affiliation agreement, committed by any consumer who is currently receiving or has recently received any services from the center or the affiliated center or other affiliate;

(3) any act or omission that falls or might fall below the applicable standard of care or professional obligation; and

(4) any allegation of abuse, neglect, or exploitation of a consumer who is currently receiving or has recently received any services from the center, the affiliated center, or any other provider with which the center has an affiliation agreement, committed by a member of the staff of the center, any contractor, the affiliated center, or other affiliate.

(1) Staff members shall be afforded the opportunity to confidentially report any incident that a staff member believes is appropriate for review by the risk management program.

(2) Each action that the center, affiliated center, or any other provider with which the center has an affiliation agreement takes in response to any incident that comes to the attention of the risk management program shall conform to all statutory requirements for the reporting of suspected incidents of either child abuse, neglect, or exploitation, or the abuse, neglect, or exploitation of an adult.

(d) Records demonstrating the center's compliance with this regulation shall be centrally maintained for at least five years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r) and 75-3307b; implementing K.S.A. 39-1603(r), 75-3307b, and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-57 Utilization review program; records

(a) Each center shall adopt and adhere to written policies and procedures that provide for a comprehensive utilization review program designed to facilitate the delivery of high-quality, cost-effective, appropriate services by the center and by each affiliated provider with which the center has an affiliation agreement.

(b) The policies and procedures specified in subsection (a) shall include the following:

(1) A means to ensure monitoring of the usage of the services of the center and of each affiliated provider with which the center has an affiliation agreement;

(2) a means to determine whether inappropriate or unnecessary services are being provided to any consumer; and

(3) a means to determine whether appropriate or necessary services have not been provided to any consumer.

(c) Records demonstrating the center's compliance with this regulation shall be centrally maintained for at least five years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-62 Basic service delivery standards; service components

(a) Each licensee shall provide all services in a manner consistent with the following basic service delivery standards. Each service provided by a licensee shall include the following components:

(1) An initial assessment, which shall meet the following criteria:

(A) Be performed by adequately trained and professionally qualified staff; and

(B) be completed and documented within 14 days of a consumer's initial intake to record the following:

(i) All of the presenting problems or requests made by that consumer;

(ii) all pertinent history that can be gathered;

(iii) the consumer's present mental status;

(iv) a provisional diagnosis, as applicable;

(v) any strengths or preferences of the consumer that are disclosed or are discernable; and

(vi) the primary intervention provided or disposition made, or both, including a preliminary individualized treatment plan;

(2) a comprehensive, individualized treatment plan, which shall meet the following criteria:

(A) Be centralized into a single integrated and consolidated document;

(B) be developed beginning with the initial assessment and completed, subject to necessary and appropriate revisions, within 30 days thereafter;

(C) be developed with the participation of the consumer and, if appropriate, one or more members of the family of that consumer or other individuals designated by that consumer, evidenced by the signature of that consumer or by other documentation indicating this participation and stating the reason for the absence of the consumer's signature;

(D) contain identified goals, objectives, strengths, and preferences of the consumer, based upon the problems presented, the consumer's requests, the consumer's diagnosis, and the assessed needs of that consumer, each as identified during the initial assessment and subsequently during treatment;

(E) whenever multiple services are being provided, or whenever services are being provided by multiple providers, require that those services be coordinated by a single individual not necessarily employed by the licensee, in a manner that ensures the integration of the services being provided; and

(F) be regularly reviewed and revised as appropriate, with the participation of the consumer and, when appropriate, one or more members of the family of that consumer or other individuals designated by that consumer. Reviews and revisions shall occur at periodic intervals of not more than 90 days and shall be updated with appropriate notations in the clinical record;

(3) a written, chronological clinical record, as required by K.A.R. 30-60-46, which shall document the consumer's progress toward meeting the identified goals and objectives contained within that consumer's individualized treatment plan, including documentation of each treatment, other service or intervention provided to that consumer, and appropriate notations of dates and times;

(4) regular consultations with the consumer and, when appropriate, with members of the family of that consumer or other individuals designated by that consumer, for the following purposes:

(A) Ensuring that the licensee's treatment staff have complete, accurate, and current information concerning the circumstances and needs of that consumer or of the members of the consumer's family; obtaining any necessary consent for the release of information to the staff; and confirming and following up on previous consultations or referrals;

(B) identifying other treatment providers, agencies, or other individuals who are providing any treatment or supportive services to that consumer or to any members of the consumer's family;

(C) arranging for the appropriate sharing of information from that consumer's clinical record with other treatment providers, agencies, or other individuals, who either provide or may be able to provide any treatment or supportive services to that consumer or to members of the consumer's family;

(D) involving other appropriate treatment providers, agencies, or individuals, who either provide or could provide other treatment or supportive services to that consumer or to one or more members of the consumer's family, in a process that assures the appropriate, integrated, and efficient delivery of treatment and services; and

(E) reviewing with the consumer the progress of the consumer in treatment and making appropriate modifications to that consumer's individualized treatment plan, including any appropriate modifications that are requested by that consumer or by one or more members of the consumer's family;

(5) regular consultations with other treatment providers, agencies, or other individuals providing any treatment or supportive services to a consumer or to one or more members of the consumer's family, for the purposes of ensuring coordination, continuity, and appropriate transitions in that consumer's treatment or supportive services; and

(6) a discharge or termination plan, which shall meet the following criteria:

(A) Be developed in a manner consistent with the consumer's individualized treatment plan;

(B) if possible, be developed with the participation of that consumer and, if appropriate, with the participation of one or more members of the consumer's family or with other individuals designated by that consumer;

(C) include a plan for appropriate postdischarge or posttermination of treatment contact by staff with that consumer and, if appropriate, with one or more members of the consumer's family or other individuals designated by that consumer;

(D) include referrals to other treatment providers and supportive services when appropriate; and

(E) result in a final written summary notation, which shall be included in the consumer's clinical record required by K.A.R. 30-60-46.

(b) Compliance with these basic service delivery standards shall be appropriately documented in the consumer's clinical record required by K.A.R. 30-60-46.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3307b, and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-63 Timeliness of response; requirements; documentation when unable to comply; referral to quality improvement program

(a) Each center shall respond to every contact or request for services by first determining, in a manner that is consistent with applicable clinical practices, whether or not that initial request constitutes an emergency.

(b) If the initial request is determined to be an emergency, all services that are required by K.A.R. 30-60-64 to be provided by a center shall be provided immediately as necessary to resolve the emergency. After the emergency has been resolved, if the consumer is not detained for inpatient care and treatment, that consumer shall be scheduled for a follow-up appointment and provided any necessary and appropriate services consistent with the requirements of this regulation.

(c) If the initial request is determined to be an urgent matter or a routine matter, the consumer shall be scheduled for an appointment with the appropriate staff within a timely period after that initial contact.

(d) After a consumer's first appointment, the center shall begin providing any necessary and appropriate services to that consumer within a timely period.

(e) If a center is unable to comply with the requirements of this regulation, the appropriate staff member shall document in the consumer's clinical record, as required by K.A.R. 30-60-46, the reason or reasons why the center was unable to comply with the requirements of this regulation. The staff member shall report the same information to the center's quality improvement program required by K.A.R. 30-60-55.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3307b, and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-64 Required basic community support services

(a) Each center shall provide as appropriate, through the center, a contractor, or any affiliated center or other provider with which the center has an affiliation agreement, each of the following basic community support services:

(1) Orientation services, including a means by which any person can discover, or become oriented to the center or its contractors or affiliated providers, through information concerning the following:

(A) What services are offered by the center, its contractors, its affiliated centers, or any other affiliates, and how to access those services, in a manner consistent with the requirements of K.A.R. 30-60-15;

(B) what the requirements or expectations are for each service offered, whether to qualify for or to continue to receive those services;

(C) what fees are charged for any service, and under what circumstances those fees may be adjusted, as required by K.A.R. 30-60-17; and

(D) what rights a consumer has, in a manner consistent with the requirements of K.A.R. 30-60-50;

(2) public education, including community education programs concerning the following:

(A) What mental illness or severe emotional disturbance is;

(B) what the symptoms of mental illness or severe emotional disturbance are;

(D) what the community can do to assist and support persons with a mental illness or a severe emotional disturbance; and

(E) what individuals can do to dispel the myths about mental illness and severe emotional disturbance;

(3) emergency treatment and first response services, which shall be provided on a 24-hour-per-day, seven-day-per-week basis and shall include the following:

(A) Crisis responsiveness, including, when appropriate, staff going out of the office and to the individual for personal intervention, for any person found within the service area of the center who is thought to be experiencing a crisis or other emergency;

(B) referral to psychiatric and other community services, when appropriate, for any person found within the service area of the center;

(C) emergency consultation and education when requested by law enforcement officers, other professionals or agencies, or the public for the purposes of facilitating emergency services;

(D) evaluation of any person found within the service area of the center to determine the need for either inpatient or involuntary psychiatric care and treatment. This evaluation shall meet the following criteria:

(i) Be completed as soon as possible, but in any case not later than 24 hours after the initial request for that evaluation is made by any individual or agency. The evaluation shall be completed sooner if necessary to provide the certificate required by K.S.A. 59-2957(c)(1) and amendments thereto; and

(ii) be conducted in a place and manner that address the needs of that person;

(E) screening for admission to a state psychiatric hospital, when applicable and required by K.A.R. 30-61-10; and

(F) follow-up with any consumer seen for or provided with any emergency service and not detained for inpatient care and treatment, to determine the need for any further services or referral to any services;

(4) basic outpatient treatment services, including the following:

(A) Evaluation and diagnosis;

(B) individual, group, and family therapy;

(C) medication management, including a means by which a consumer can receive the following under the direction and supervision of a licensed physician:

(i) A prescription for any medication required to treat the consumer's mental illness or severe emotional disturbance;

(ii) assistance with obtaining any medication prescribed for the treatment of the consumer's mental illness or severe emotional disturbance;

(iii) education concerning the effects, benefits, and proper usage and storage of any medication prescribed for the treatment of the consumer's mental illness or severe emotional disturbance;

(iv) assistance with the administration of, or with monitoring the administration of, any medication prescribed for the treatment of the consumer's mental illness or severe emotional disturbance; and

(v) any physiological testing or other evaluation necessary to monitor that consumer for adverse reactions to, or for other health-related issues that might arise in conjunction with, the taking of any medication prescribed for the treatment of the consumer's mental illness or severe emotional disturbance; and

(D) referral to other community treatment providers and services, when appropriate;

(5) basic case management services for adults, which shall be provided to any adult consumer who has a severe or persistent mental illness and who is determined to be in need of case management services. Case management services shall be provided either by a single individual acting as the case manager or by a team of individuals jointly acting as the case manager. If a team is jointly acting as the case manager, an individual from that team shall be assigned the responsibility for overseeing the provision of case management services to each consumer. Each individual case manager and each member of a team of case managers shall be sufficiently qualified by education and experience, and shall have completed, or shall have completed within six months, a case management training program that has been approved by the division and is specifically focused upon adults. Each case manager shall have the responsibility to provide, through a mutually acceptable process involving the consumer, the following:

(A) Engagement services and activities, including the following:

(i) Engaging the consumer in a purposeful, supportive, and helping relationship;

(ii) eliciting the consumer's choices concerning basic needs, including determining where the consumer desires to reside, what supports the consumer desires to rely upon, what productive activities the consumer desires to engage in, and what leisure activities the consumer desires to participate in; and

(iii) understanding the consumer's personal history and either satisfaction or dissatisfaction with services and treatments, including medications, that have been provided to or prescribed for that consumer in the past;

(B) strengths assessment services and activities, including the following:

(i) Identifying and assessing the consumer's wants and needs, the consumer's aspirations for the future, the resources that are or might be available to that consumer, the sources of motivation available to the consumer, and the strengths and capabilities the consumer possesses;

(ii) identifying and assessing what the consumer's preferences are with regard to having designated members of the consumer's family involved in the consumer's treatment, or with regard to having other designated individuals involved in the consumer's treatment, and depending upon what those preferences are, determining how best to involve those designated family members or other individuals in the consumer's assessment, treatment, and rehabilitation;

(iii) identifying and researching what educational and vocational, financial, and social resources are or might be available to the consumer and might facilitate that consumer's recovery; and

(iv) identifying, researching, and understanding the cultural factors that might have affected or that might affect the consumer's experience with receiving treatment and other services, the role that family and other natural supports play in the life of that consumer, the effects that these factors might have on the treatment process, and the ways in which these factors might be used to support the consumer's recovery;

(i) Helping the consumer to identify, organize, and prioritize the consumer's personal goals and objectives with regard to independent living, education and training, employment, and community involvement;

(ii) assisting and supporting the consumer in choosing and pursuing activities consistent with achieving those goals and objectives at a pace consistent with that consumer's capabilities, resources, and motivation;

(iii) teaching the consumer goal-setting and problem-solving skills, and living, social, and selfmanagement skills;

(iv) identifying critical stressors that negatively affect the consumer's mental status and those interventions, coping strategies, and supportive resources that have been successful or helpful in addressing or relieving those stressors in the past; and

(v) developing relapse-prevention strategies, including wrap-around plans and advance directives, which the consumer may choose to utilize;

(D) resource acquisition services and activities, including the following:

(i) Assisting the consumer to access housing, transportation, education, job training, employment, public assistance, and recreational services available in the community;

(ii) assisting the consumer in finding and utilizing services provided by peer-companion programs, mutual support groups, and self-help organizations; and

(iii) ensuring that the consumer is knowledgeable of, and assisting the consumer in accessing, necessary and available medical and dental services and treatment;

(E) emergency services coordination during periods of crisis;

(F) advocacy services and activities, including the following:

(i) Acting as a liaison between the consumer and that consumer's other service providers;

(ii) coordinating the treatment and supportive efforts of all the consumer's service providers, family members, and peers;

(iii) advocating for the consumer, as appropriate, in developing goals and objectives within the consumer's individualized treatment plan during the course of that consumer's treatment, and in acquiring the resources necessary for achieving those goals and objectives;

(iv) identifying factors that place the consumer at high risk for suicide, violence, substance abuse, victimization, or infection with serious medical disorders, including HIV, and assisting that consumer to develop strategies to eliminate or mitigate these risks; and

(v) providing ongoing education to the consumer, to members of that consumer's family, and to other individuals involved with that consumer about mental illness, treatment, medication and its side effects, rehabilitation, empowerment, and supportive resources;

(6) basic community-based support services for children, adolescents, and their families, which shall include consultative and advocative services and activities designed to assist professionals, service agencies, governmental and educational entities, and other individuals in understanding, planning for, developing, and comprehensively meeting the special needs of children and adolescents who either have a severe emotional disability or disorder or are mentally ill, and are therefore considered to be at risk of hospitalization or other out-of-home placement, and meeting the special needs of their families; and

(7) basic case management services for children, adolescents, and their families, which shall be provided to any child or adolescent consumer who either has a severe emotional disability or disorder or has been diagnosed as mentally ill and who is determined to be in need of case management services, and to the immediate family with whom that child or adolescent consumer resides or with whom it is intended that child or adolescent consumer will reside. Case management services shall be provided either by a single individual acting as the case manager or by a team of individuals acting jointly as the case manager. If a team is jointly acting as the case manager, an individual from that team shall be assigned the responsibility for overseeing the provision of case management services to each child or adolescent and the family. Each individual case manager and each member of a team of case managers shall be sufficiently qualified by education and experience, and shall have completed, or shall have completed within six months, a case management training program that has been approved by the division and is specifically focused upon children, adolescents, and their families. Each case manager shall have responsibility to provide the following:

(A) Engagement services and activities, including the following:

(i) Engaging the child or adolescent and members of the child's or adolescent's family in a purposeful, supportive, and helping relationship;

(ii) eliciting the family's choices concerning what supports the family desires to utilize; and

(iii) understanding both the child's or adolescent's and the family's experiences and either satisfaction or dissatisfaction with services and treatments, including medications, that have been provided to or prescribed for that child or adolescent in the past;

(B) strengths assessment services and activities, including the following:

(i) Identifying and assessing the child's or adolescent's and the family's wants and needs, their goals, the resources that are or might be available to them, and the strengths and capabilities that both the child or adolescent and the family possess;

(ii) identifying and researching what educational, financial, and social resources are or might be available to the child or adolescent, or to the family, and that might facilitate that child's or adolescent's or the family's treatment; and

(iii) identifying, researching, and understanding the cultural factors that might have affected or that might affect the child's or adolescent's or the family's experience with receiving treatment and other services, the role that natural supports play in the life of that child or adolescent or in the functioning of the family, the effects that these factors might have on the treatment process, and the ways in which these factors might be used to support the child or adolescent, or the family;

(i) Helping the child or adolescent and the child's or adolescent's family to identify and prioritize specific goals and objectives based upon needs identified during the strengths assessment;

(ii) assisting and supporting the child or adolescent and the child's or adolescent's family in choosing and accessing the services and supports necessary for achieving those goals and objectives and for increasing that family's community integration;

(iii) identifying critical stressors that negatively affect the child's or adolescent's or the family's ability to function, and developing interventions and coping strategies to address or relieve those stressors; and

(iv) developing crisis strategies that the child or adolescent or a member of the child's or adolescent's family can utilize to control symptomatic behavior in order to avoid crisis situations that present a risk of harm to either the child or adolescent or to others, or that result in an out-of-home placement of that child or adolescent;

(D) resource acquisition services and activities, including the following:

(i) Assisting the child or adolescent and the child's or adolescent's family to obtain needed benefits and services that are available in the community;

(ii) assisting the child or adolescent and the child's or adolescent's family in finding and utilizing services provided by peer-companion programs and groups, and other support organizations; and

(iii) ensuring that the family is knowledgeable of, and assisting the family in accessing, necessary and available medical and dental services and treatment;

(E) emergency services coordination during periods of crisis;

(F) transitional services and activities, which shall meet the following criteria:

(i) Commence in early adolescence in order to assist the adolescent to move into adulthood and to transition to services intended for adults; and

(ii) include the utilization of a wrap-around approach to services involving the appropriate persons and agencies necessary to coordinate and collaborate with the educational, employment, living, and supportive services necessary to ensure community integration and tenure; and

(G) advocacy services and activities, including the following:

(i) Acting as a liaison between the child or adolescent, or the child's or adolescent's family, and that child's, adolescent's, or family's other service providers;

(ii) coordinating the treatment and supportive efforts of all the child's or adolescent's or the family's service providers, including educational, child welfare, and juvenile justice agencies;

(iii) advocating for the child or adolescent or for the child's or adolescent's family, as appropriate, in developing goals and objectives within that child's or adolescent's individualized treatment plan during the course of that child's or adolescent's treatment and in acquiring the resources necessary for achieving those goals and objectives;

(iv) identifying factors that place the child or adolescent at risk for suicide, violence, substance abuse, victimization, or infection with serious medical disorders, including HIV, and assisting both the child or adolescent and the members of the child's or adolescent's family to develop strategies to eliminate or mitigate those risks; and

(v) providing ongoing education to the child or adolescent, to the members of the child's or adolescent's family, and to other persons involved with that child or adolescent about severe emotional disturbances and behavior disorders, treatment, medication and its side effects, rehabilitation, empowerment, and supportive resources.

(b) Each center shall adopt and adhere to written policies and procedures, which shall include the following requirements:

(1) The services required to be provided by this regulation shall be provided by staff who are supervised by professionals who are sufficiently qualified by education and experience.

(2) The caseloads of staff providing these services shall be monitored and managed in a manner that ensures the quality of the services provided.

(3) Supervision of case managers shall be provided by supervisors who are sufficiently qualified by education and experience and who have completed a supervisory training program approved by the division.

(4) No consumer shall be denied access to any of these services solely on the basis of any previous unsuccessful intervention or experience.

(5) Continuity shall be maintained, whenever possible, in any relationship that might be established between a consumer and a staff member that provides any services to that consumer.

(6) Appropriate staff shall be encouraged to provide the majority of their services to consumers in settings outside of the offices of that center or those of any affiliated center or other provider with which the center has an affiliation agreement.

(c) Each center shall ensure that each affiliated center or other provider with which the center has an affiliation agreement adheres to the center's policies and procedures adopted in compliance with subsection (b) of this regulation.

(d) If a center elects to provide any of these basic community support services through any contractor, affiliated center, or other provider with which the center has an affiliation agreement, the center shall regularly monitor the services provided by that contractor or affiliated center or other affiliate to ensure the quality of the services that are provided and compliance with the requirements of this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3304a, and 75-3307b; effective July 7, 2003.)

Kan. Admin. Regs. § 30-60-70 Optional services

The services specified in K.A.R. 30-60-71 through K.A.R. 30-60-76 shall be deemed optional services that a licensee may choose to offer directly or through a contractor. If a licensee elects to provide any or all of these services, the licensee, or its contractor, shall comply with the provisions of the applicable regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-71 Alcohol and substance abuse services

If a licensee provides, directly or through a contractor, specialized alcohol or substance abuse services, these services shall meet the following conditions: (a) Be separately licensed or certified as required by the department;

(b) be provided by appropriately trained or professionally qualified staff; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; and implementing K.S.A 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-72 Acute care services

If a center provides, directly or through a contractor, services consisting of inpatient care and treatment that is more intensive than outpatient treatment, in a facility or unit that is separately licensed by this department as a psychiatric hospital or by the Kansas department of health and environment as a general hospital, but that is operated by the licensee, these services shall meet the following conditions: (a) Be provided in the least restrictive manner appropriate, following generally accepted clinical standards of practice;

(b) provide both medical and nursing services as each consumer's care requires;

(d) be administered in accordance with written policies and procedures adopted by the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-73 Partial or day hospitalization services

If a licensee provides, directly or through a contractor, partial or day hospitalization services, these services shall meet the following conditions: (a) Be provided in compliance with the requirements of the department's medicaid regulations;

(b) be provided by appropriately trained or professionally qualified staff; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-74 Residential treatment services

If a licensee provides, directly or through a contractor, residential treatment services at a facility other than in a consumer's own home, these services shall meet the following conditions: (a) Be separately inspected or licensed as required by the Kansas department of health and environment, or by this division or any other division within this department, if applicable;

(b) be provided in accordance with an individualized plan developed for each consumer provided with any residential treatment services, which shall be developed with the participation of that consumer and, when appropriate, members of the immediate family of that consumer or other individuals designated by that consumer. This plan shall be based on an assessment of the level of supervision and support necessary for that consumer to be able to function in the least restrictive setting possible;

(d) be administered in accordance with written policies and procedures adopted by the licensee. These policies and procedures shall require that the facility be maintained in a manner that meets any applicable state or local fire or safety code.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-60-76 Research programs

If a licensee conducts research programs utilizing human subjects, directly through research being conducted by the staff of the licensee or of a contractor, these programs shall meet the following conditions: (a) Be strictly conducted under written policies and procedures adopted by the licensee and developed specifically for each research project;

(b) require review of any proposed project by a specifically established committee of appropriately selected professionals before the initiation of the research;

(c) be conducted only on subjects who are capable of and who have given written, informed consent to be the subject of a specific research project; and

(d) strictly adhere to any applicable professional standards regarding the conducting of research, as well as all applicable federal and state laws and regulations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Article 61 Participating Community Mental Health Centers

Kan. Admin. Regs. § 30-61-1 Scope

The regulations in this article shall apply to each community mental health center licensed by the secretary in accordance with article 60 that desires to enter into a contract with the secretary pursuant to the "mental health reform act," K.S.A. 39-1601 et seq., and amendments thereto, for the purposes of being a participating community mental health center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-61-2 Definitions

Words and phrases used in this article but not defined in this regulation shall have the same meanings as they are defined to have in the "care and treatment act for mentally ill persons," K.S.A. 59-2945 et seq., and amendments thereto, in the "mental health reform act," K.S.A. 39-1601 et seq., and amendments thereto, or in K.A.R. 30-60-2. (a) "Community mental health center" and "center" mean a community mental health center that is organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto, or K.S.A. 65-211 et seq., and amendments thereto, and that is licensed by the secretary in accordance with article 60. These terms shall not include any community mental health center licensed by the secretary in accordance with article 60 and meeting the exception specified in K.S.A. 75-3307b(b) and amendments thereto.

(b) "Participating community mental health center" means a community mental health center, as defined in this regulation, that has entered into a contract with the secretary in accordance with this article.

(A) Adults with a severe and persistent mental illness;

(B) children or adolescents with a severe emotional disturbance; or

(2) Each of the categories of consumers listed in this subsection may be further defined within the contract provided for in K.A.R. 30-61-5.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-61-5 Annual contracts; application; plan for compliance; term

(a) Each community mental health center desiring to become the participating community mental health center for its service area shall apply to the secretary for a contract on an annual basis at the time and in the manner that shall be announced by the secretary.

(b) Each center that desires to become a participating community mental health center may be required by the secretary to submit to the division, in addition to the center's application for a contract, a plan detailing how the center will come into and stay in compliance with the applicable requirements of this article if the center has not before been in compliance. This plan shall be reviewed by the division. A recommendation shall be made by the division to the secretary concerning whether a contract should be awarded or denied.

(c) If the parties agree to a contract, the term during which the center is considered to be a participating mental health center shall be specified in the contract. During the term in which the center is considered to be a participating community mental health center, the center shall provide the additional services required to be provided by this article or by the contract.

(d) A center shall have no obligation to be a participating community mental health center, or to be in compliance with the requirements of this article, beyond the term specified in the contract if the center does not subsequently contract with the secretary to be a participating community mental health center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-61-6 Preference for licensed service area center; secretary's right to contract with another licensed center

(a) Preference shall be given to the community mental health center in each service area to enter into a contract with the secretary to become the participating community mental health center for that area.

(b) The secretary shall have the right to contract with another center to provide the services of a participating community mental health center to that service area if any of the following conditions is met:

(1) The center fails to timely enter into a contract to become a participating community mental health center.

(2) The center is unwilling to enter into a contract to provide all of the required services of a participating community mental health center.

(3) The secretary determines that the center is unable or has failed in the past to adequately provide all of the required services of a participating community mental health center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-61-10 Screening and gatekeeping services

(a) Each participating community mental health center shall provide, when necessary or when requested and necessary, to any person found within the service area of the center, screening services to determine whether either of the following applies:

(1) The person can be evaluated or treated by community services.

(2) The person needs to be admitted to the designated state psychiatric hospital for evaluation or treatment, or both.

(b) This screening and gatekeeping service shall meet the following criteria:

(1) Be performed by a qualified mental health professional;

(2) be completed by utilizing the screening assessment instrument designated by the division for this purpose; and

(3) if the screening results in a determination that the person needs to be admitted to a state psychiatric hospital, whether on a voluntary or involuntary basis, be evidenced by a completed statement upon the form designated by the division for this purpose.

(d) The center shall offer to provide, shall provide, or shall refer to and coordinate with another appropriate provider, including providing any follow-up that might be necessary, any appropriate and necessary services that are required by this article to be provided by a participating community mental health center or that are required by article 60 to be provided by a center, to any person meeting the following criteria:

(1) Is determined by the qualified mental health professional acting on behalf of that center not to be in need of admission to a state psychiatric hospital; and

(2) is in need of treatment or could benefit from any of the services required by this article to be provided by a participating community mental health center or required by article 60 to be provided by a center.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective Oct. 28, 1991; amended July 7, 2003.)

Kan. Admin. Regs. § 30-61-11 Liaison services

(a) Each participating community mental health center shall designate staff who shall perform the following:

(1) Regularly visit at the hospital with every person admitted to a state psychiatric hospital from the service area of the center, whether on a voluntary or involuntary basis;

(2) participate in the discharge planning of each person admitted to a state psychiatric hospital from the service area of the center in order to facilitate the return of that person to the community;

(3) be empowered by the center to commit the center to specified services upon the discharge and return to the community of any person admitted to a state psychiatric hospital from the service area of the center; and

(4) coordinate the treatment provided at the state psychiatric hospital with the treatment provided by either the center or any affiliated provider with which the center has an affiliation agreement.

(b) The names and professional qualifications of liaison staff shall be communicated by the executive director of the center to the superintendent of the state psychiatric hospital to which the liaison staff is assigned.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 75-3307b; implementing K.S.A. 39-1603, 39-1604(d), 39-1608(a) and (c), 65-4434(f), and 75-3304a; effective July 7, 2003.)

Kan. Admin. Regs. § 30-61-15 Enhanced community support services

(a) Each participating community mental health center shall provide directly, or through a contractor, an affiliated center, or any other provider with which the center has an affiliation agreement, enhanced community support services in extension of the services required to be provided by K.A.R. 30-60-64, including the following:

(1) Outreach services designed to achieve the following:

(A) Identify and locate persons in the target population, particularly persons who do not often seek mental health services in traditional ways;

(B) encourage these persons to utilize the services of the center, its affiliated centers, or other affiliates; and

(C) offer special assistance to these persons, as required, in order to enable them to utilize the services of the center, its affiliated centers, or other affiliates;

(2) public education about the enhanced services that are available at the center or through its contractors, affiliated centers, or other affiliates;

(3) liaison services with any nursing facilities for mental health that are located in the center's service area or to which a person from the center's service area has been admitted, designed to facilitate the discharge of persons residing in those nursing facilities who could live in the community with the assistance and support provided by the services available through the center, its affiliated centers, or other affiliates;

(4) any services necessary to provide any treatment required to fulfill a court order for outpatient treatment that is issued by the district court of any county within the service area of the center; and

(5) attendant care services, designed as an extension of the center's basic outpatient treatment services, basic case management services for adults, basic community-based support services for children, adolescents, and their families, and basic case management services for children, adolescents and their families, required by K.A.R. 30-60-64, tailored specifically to accomplish the following:

(A) To enhance the independence of consumers in the target population;

(B) to reduce the risks for the need to be admitted to a state psychiatric hospital that are known to be associated with consumers in the target population;

(C) to facilitate the discharge of consumers in the target population who have been admitted to any state psychiatric hospital; and

(D) to otherwise assist consumers in the target population to be able to live in the community.

(b) Each center shall adopt and adhere to written policies and procedures that shall require all of the following:

(1) The services required to be provided by this regulation shall be provided by staff who are supervised by professionals who are sufficiently qualified by education and experience.

(2) The caseloads of staff members providing these services shall be monitored and managed to ensure the quality of the services provided.

(3) No consumer shall be denied access to any of these services solely on the basis of any previous unsuccessful intervention or experience.

(4) Continuity shall be maintained, whenever possible, in any relationship that might be established between a consumer and staff member that provides any services to that consumer.

(5) Appropriate staff shall be encouraged to provide the majority of their services to consumers in settings outside of the offices of the center.

(c) If a participating community mental health center elects to provide any of these enhanced community support services through any contractor, affiliated center, or other provider with which the center has an affiliation agreement, the center shall regularly monitor that contractor, center, or provider to ensure compliance with the requirements of this regulation and the quality of the services that are provided.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1603(r), 65-4434(f), and 75-3307b; implementing K.S.A. 39-1603, 65-4434(f), 75-3304a, and 75-3307b; effective Oct. 28, 1991; amended July 7, 2003.)

Article 63 Developmental Disabilities—Licensing Providers of Community Services

Kan. Admin. Regs. § 30-63-1 Definitions

(a) Words and phrases used in this article shall have the same meanings as set forth in K.S.A. 39-1803, and amendments thereto. In addition, the following terms shall have the meaning ascribed to them in this regulation.

(1) "Agent" means any individual utilized by a provider to carry out any activity done by that provider, whether being paid or serving as a volunteer.

(2) "Commissioner" means the commissioner of mental health and developmental disabilities.

(3) "Commission" means the division of mental health and developmental disabilities within the department of social and rehabilitation services.

(4) "Department" means the department of social and rehabilitation services.

(5) "Person" means an individual with a developmental disability.

(6) "Provider" means a community services provider or any other entity required to be licensed pursuant to this article.

(7) "Services" means community services.

(8) "Support network" means the one or more individuals selected by a person or by the person and the person's guardian, if one has been appointed, to provide assistance and guidance to that person in understanding issues, making plans for the future, or making complex decisions.

(b) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-10 License required; exceptions

(a) Each individual, group, association, corporation, local government department, or local quasi-government agency providing services to persons 18 years of age or older in need of services greater than those provided in a boarding care home as defined in K.S.A. 39-923(a) (8), and amendments thereto, shall be licensed in accordance with the provisions of this article, except when those services are provided in or by any of the following:

(1) In a medical care facility, as defined and required to be licensed in K.S.A. 65-425 et seq. and amendments thereto;

(2) in a nursing facility, nursing facility for mental health, intermediate care facility for the mentally retarded, assisted living facility, or residential health care facility, or in a home plus setting, as defined and required to be licensed in K.S.A. 39-923 et seq. and amendments thereto;

(3) by a home health agency, as defined and provided for the licensing of in K.S.A. 65-5101 et seq. and amendments thereto; or

(4) in a manner so that the services constitute in-home services, funded under the federal home- and community-based services/mental retardation waiver or with state funding under terms like those of the federal home- and community-based services/mental retardation waiver, and are provided in compliance with all of the following conditions:

(A) The services are directed and controlled by an adult receiving services, the parent or parents of a minor child receiving services, or the guardian of an adult receiving services.

(B) The person or person's representative directing and controlling the services selects, trains, manages, and dismisses the individual or business entity providing the services and coordinates payment.

(C) The person or person's representative directing and controlling the services owns, rents, or leases the whole or a portion of the home in which services are provided.

(D) If any individual providing services also lives in the home in which services are provided, there is a written agreement specifying that the person receiving services will not be required to move from the home if there is any change in who provides services, and that any individual or business entity chosen to provide services will be allowed full and reasonable access to the home in order to provide services.

(E) The person receiving services does not receive services in a home otherwise requiring a license pursuant to these regulations.

(F) Any individual providing services is at least 16 years of age, or at least 18 years of age if a sibling of the person receiving services, unless an exception to this requirement has been granted by the commission, based upon the needs of the person receiving services.

(G) Any individual or business entity providing services receives at least 15 hours of prescribed training, or the person or person's representative directing and controlling the services has provided written certification to the community developmental disability organization (CDDO) that sufficient training to meet the person's needs has been provided.

(H) The person or person's representative directing and controlling the services has chosen case management from the CDDO or an agency affiliated with the CDDO. That case management may be limited, at the choice of the person or person's representative directing and controlling the services, to reviewing the services on a regular basis to ensure that the person's needs are met, annual reevaluation of continued eligibility for funding, and development of the person's plan of care.

(I) The person or person's representative directing and controlling the services cooperates with the CDDO's quality assurance committee and allows review of the services as deemed necessary by the committee to ensure that the person's needs are met. In addition, the person directing and controlling the services cooperates with the commission and allows monitoring of the person's services to ensure that the case manager and the CDDO's quality assurance committee have adequately reviewed and determined that the person's needs are met.

(J) The person or person's representative directing and controlling the services agrees to both of the following:

(i) If it is determined by the CDDO or the commission that the person receiving services is or could be at risk of imminent harm to the person's health, safety, or welfare, the person or person's representative directing and controlling the services shall correct the situation promptly.

(ii) If the situation is not so corrected, after notice and an opportunity to appeal, funding for the services shall not continue.

(b)Each license issued pursuant to this article shall be valid only for the provider named on the license. Each substantial change of control or ownership of either a corporation or other pro vider previously licensed pursuant to this article shall void that license and shall require a reapplication for licensure.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1810 and K.S.A. 75-3304; implementing K.S.A. 39-1806 and K.S.A. 2008 Supp. 75-3307b; effective July 1, 1996; amended Oct. 1, 1998; amended Jan. 15, 2010.)

Kan. Admin. Regs. § 30-63-11 Two types of license; display

(a) Two types of license may be issued by the secretary pursuant to this article to operate as a provider. One type shall be a "full license," and the other type shall be a "limited license." Both types of license may be issued on a "temporary" or on a "with requirements" basis as specified in K.A.R. 30-63-12.

(b) Both licenses issued pursuant to this article shall be prepared by the commission.

(d) A full license shall apply to all providers except those providers specified in subsection (e).

(e) A "limited license" shall apply to providers who provide services only to either one or two specified persons to whom the provider is related or with whom the provider has a preexisting relationship. The services shall be provided in the home of the person being served. A provider operating with a limited license shall be afforded greater flexibility in the means by which that provider is required to comply with all of the requirements of this article if the services are provided in a manner that protects the health, safety, and welfare of the specific person being served, as determined by the commission.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and K.S.A. 39-1810 and K.S.A. 75-3304; implementing K.S.A. 39-1806 and K.S.A. 2008 Supp. 75-3307b; effective July 1, 1996; amended Jan. 15, 2010.)

Kan. Admin. Regs. § 30-63-12 Licensing procedure; requirements; duration of license

(a) Each provider required to be licensed pursuant to this article shall submit an application for an appropriate license to the commissioner, on a form provided by the commission.

(b) For a full license, each applicant shall provide the following:

(1) Certification that the applicant's chief director of services, regardless of title, is qualified to develop and modify, if appropriate, a program of individualized services to be provided to persons as defined in K.A.R. 30-63-1, as evidenced by that individual's having either of the following:

(A) A bachelor's or higher degree in a field of human services awarded by an accredited college or university; or

(B) work experience in the area of human services at the rate of 1,040 hours of paid work experience substituted for a semester of higher education, which shall mean 15 undergraduate credit hours, with at least eight full-time semester's worth of either satisfactorily passed education or work experience;

(2) certification that the applicant's chief director of services, regardless of title, is qualified to supervise the delivery of a program of services to persons, as evidenced by that individual's having one of the following:

(A) At least one year of experience in a senior management-level position with a licensed provider;

(B) at least two years of experience as either a case manager or a services manager with supervisory authority over at least two other individuals providing direct services to persons; or

(3) three letters of reference concerning the applicant's chief director of services, regardless of title. Each letter written shall be by an individual knowledgeable both of the applicant and of the delivery of services to persons;

(4) evidence of completion of a background check meeting the requirements of the "SRS/CSS policy regarding background checks," dated September 8, 2009 and hereby adopted by reference, done on the applicant's chief director of services, regardless of title;

(5) a set of written policies and procedures specifying how the applicant intends to comply with the requirements of this article;

(6) a written business plan that shows how the applicant intends to market its services, to accommodate growth or retrenchment in the size of its operations without jeopardizing consumer health or safety issues, to respond to other risk factors as could be foreseeable in the specific case of that applicant, and to keep the operation fiscally solvent during the next three years, unless the application is for a renewal of a succession of licenses that the applicant has had for at least three years. In this case, the viability of the applicant's operation shall be presumed, unless the commissioner determines that there is reason to question the viability of the licensed provider applying for license renewal and requires the submission of a written business plan despite how long the renewal applicant has been previously licensed; and

(7) if required of the applicant by the United States department of labor, a subminimum wage and hour certificate.

(1) A description of the preexisting relationship with the one or two persons proposed to be provided services;

(2) documentation that the individual who will be chiefly responsible for providing services is qualified to do so, as evidenced by that individual's having either of the following:

(A)(i) At least one year of work experience in providing services to a person; and

(ii) completion of the curriculum of studies designated by the commission and accessed through the commission's web site; or

(B) the qualifications specified in paragraph (b)(1);

(3) evidence of completion of a background check meeting the requirements of the background check policy adopted by reference in paragraph (b)(4), done on the individual who will be chiefly responsible for the operations of the applicant;

(4) a written plan that shows how the applicant intends to comply with the requirements of this article applicable to the specific circumstances of the one or two persons to whom those services are proposed to be provided; and

(5) a written business plan that shows how the applicant intends to keep the applicant's proposed provider operation fiscally solvent during the next three years, except as specified in this paragraph. If the application is for a renewal of a succession of licenses that the applicant has had for at least three years, the viability of the applicant's operation shall be presumed, unless the commissioner determines that there is reason to question the viability of the licensed provider applying for license renewal and requires the submission of a written business plan, regardless how long the applicant has been previously licensed.

(d) Upon receipt of an application, the commission shall determine whether the applicant is in compliance with the requirements of subsection (b) or (c) and with this article.

(e) The applicant shall be notified in writing if the commission finds that the applicant is not in compliance with the requirements of subsection

(b) or (c) or with this article.

(f) A temporary license or a temporary license with requirements may be issued by the secretary to allow an applicant to begin the operations of a new provider. A license with requirements may be issued by the secretary to allow a provider seeking renewal of a previously issued license to continue operations. A license with requirements shall be designated as contingent upon the provider's developing, submitting to the commission, and implementing an acceptable plan of corrective action intended to bring the provider into continuing compliance with the requirements of this article.

(1) Findings made by the commission with regard to the implementation of a plan of corrective action shall be given to the provider in writing.

(2) Failure of a provider to be in compliance with the requirements of this article or to implement an acceptable plan of corrective action may be grounds for denial of a license whether or not a temporary license or a license with requirements has been issued.

(g) Based upon findings made by the commission regarding compliance with or the implementation of an acceptable plan of corrective action, the commissioner shall determine whether to recommend issuance or denial of the full or limited license applied for. The applicant shall be notified in writing of any decision to recommend denial of an application for a license. The notice shall clearly state the reasons for a denial. The applicant may appeal this denial to the administrative appeals section pursuant to article seven of these regulations.

(h)(1) A full or limited license issued pursuant to this article shall remain in effect for not more than two years from the date of issuance. The exact date on which the license expires shall be stated upon the license. However, the license shall earlier expire under any of the following circumstances:

(A) The license is revoked for cause.

(B) The license is voided.

(C) For a temporary license or a license with requirements, the license is superseded by the issuance of a full or a limited license as applied for.

(D) The license is voluntarily surrendered by the provider.

(2) Each license term shall be determined by the commissioner based upon the commission's findings regarding the history and strength of the applicant's provider operations, including evidence of the provider's having earned certification from a nationally recognized agency or organization that specializes in certifying providers of services.

(i) Each license with requirements shall specify the length of time for which the license is valid, which shall not exceed one year. Successive licenses with requirements may be issued by the secretary, but successive licenses with requirements shall not be issued for more than two years.

(j) Each temporary license shall be valid for six months. If, at the expiration of that six months, the licensee has not yet commenced providing services to any person but the licensee wishes to continue efforts to market the licensee's services, a successive temporary license may be issued for another six-month period. No further extensions of a temporary license shall be granted.

(k) A license previously issued shall be voided for any of the following reasons:

(1) Issuance by mistake;

(2) a substantial change of control or ownership, as provided for in K.A.R. 30-63-10(b); or

(3) for a limited license, the licensee's cessation of provision of services to the person or persons for whom the license was specifically sought and obtained.

(l) In order to renew a license, the licensee shall reapply for a license in accordance with this regulation.

(m) If a provider is licensed pursuant to this article on or before the effective date of the amendments to this regulation, the requirements specified in either paragraphs (b)(1) and (b)(2) or paragraph (c)(2) shall not apply to any renewal request of that licensee made during the one-year period following the effective date of these amendments.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1810 and K.S.A. 75-3304; implementing K.S.A. 39-1806 and K.S.A. 2008 Supp. 75-3307b; effective July 1, 1996; amended Jan. 15, 2010.)

Kan. Admin. Regs. § 30-63-13 Compliance reviews; mediation; enforcement actions; emergency orders

(a) At any time deemed necessary by the commissioner, a licensed provider may be reviewed by the commission to ensure continuing compliance with the requirements of this article.

(b) If a finding indicates that the licensed provider is not in compliance, the provider shall be given by the commissioner a written copy of the finding setting out each specific deficiency and a notice of the provider's right to seek mediation of any dispute regarding the finding.

(c) If the provider disagrees with any finding made by the commission, the provider may request mediation, in writing, within 14 days of receipt of the finding. An independent entity shall be selected by the commissioner and the provider to serve as the mediator, unless the parties are not able to agree upon a mediator, in which case an independent mediator shall be designated by the secretary. The mediator shall assist the parties in attempting to come to an agreement on the following:

(1) The nature and extent of any noncompliance;

(2) any course of corrective actions necessary to bring the provider into compliance; and

(3) a time limit within which the provider shall have to come into compliance.

(d) (1) Written notice may be issued by the commissioner to the provider of a determination of noncompliance under any of the following circumstances.

(A) The provider does not request mediation.

(B) Mediation does not resolve the issues.

(C) The commission finds that the provider has not complied with the requirements of this article by the deadline established in a mediated agreement or a deadline that has been extended by the commissioner for good cause.

(2) If the commissioner issues written notice to the provider of a determination of noncompliance in accordance with paragraph (d)(1), a written plan of correction from the provider shall be required by the commissioner, to be submitted within 14 days of receipt of the notice.

(3) If the commissioner determines that the provider has failed to satisfactorily comply with the plan of correction within 30 days of the date of the plan, or within a deadline that has been extended by the commissioner for good cause, any or all of the following enforcement actions may be imposed:

(A) Civil penalties in an amount not to exceed $125.00 per day for each violation from the date specified by the commissioner within the notice until the provider comes into compliance. The date specified by the commissioner may be any date from or after 45 days following the date of the commissioner's notice requiring a plan of correction;

(B) an order that the provider shall cease providing specified services and shall make all necessary arrangements to have any person or persons then receiving services transferred to another provider. The order may include provisions requiring the provider to continue the provision of those or other services until the transfer can be accomplished. The order shall remain in effect until the provider comes into compliance;

(e) A provider may appeal any enforcement action taken to the administrative appeals section pursuant to article seven of these regulations.

(f) If the commission additionally finds that the provider's noncompliance creates a situation of imminent danger to the health, safety, or welfare of any person or persons, an emergency order may be issued by the commissioner, making any provisions that the commissioner deems necessary for the immediate protection of the health, safety, or welfare of the person or persons. Written notice of any emergency order shall be given to the provider and shall specify the following:

(1) The actions that the provider shall take;

(2) the reason the commissioner has determined an emergency order is needed; and

(3) notice that the provider will be given an emergency hearing regarding the emergency order by the administrative appeals section pursuant to article seven of these regulations if the provider makes a written request for a hearing within 15 days after receiving the order.

(g) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-14 Revocation of a license; suspension

(a) Any license issued pursuant to this article may be suspended or revoked before the expiration date for failure of the provider to comply with the requirements of this article.

(b) A provider's license may be suspended during the revocation proceedings only upon a determination by the commissioner that the continued operation of the provider during the revocation proceedings would constitute an imminent danger to the health, safety or welfare of any person or persons who would be receiving services from the provider during the revocation proceedings. This determination shall be made in writing and clearly state the reasons for it.

(c) Before revocation of a provider's license, a written notice of the intent to revoke shall be sent to the provider by registered mail, along with a copy of the commissioner's determination to suspend the license during the revocation proceedings, if applicable. The notice shall:

(1) specify the date the license shall be revoked if an appeal is not timely taken;

(2) clearly state the reasons for the revocation of the license;

(3) instruct the provider to immediately cease providing services if the commissioner has determined to suspend the license during the revocation proceedings; and

(4) advise the provider that the revocation may be appealed to the administrative appeals section pursuant to article seven of these regulations, and that an appeal shall stay the revocation, but shall not stay any suspension of the license during the pendency of the appeal, except as may be provided for in any order issued after an emergency hearing held as a result of a request made under K.A.R. 30-63-13(f)(3).

(d) If at any time during the pendency of an appeal the commissioner finds that the provider now complies with all of the requirements of this article, and that it is in the best interests of the public that the revocation be withdrawn, the commissioner shall notify all parties to the revocation proceedings that the revocation action has been withdrawn and the appeal proceedings shall be terminated.

(e) If, after notice to the provider of the commissioner's intent to revoke, the provider does not timely appeal, the license shall be revoked by the commission effective on the date stated within the notice.

(f) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-63-20 Mandated requirements

(a) In order to be eligible to be licensed as a provider, each applicant shall demonstrate that the applicant either complies with or can comply with all applicable requirements of this article and all applicable requirements of article 64.

(b) For good cause shown by an applicant, or by any person being served or proposed to be served by that applicant, one or more of the specific requirements of this article may be waived by the commissioner, and some other requirement or requirements that may be proposed by the applicant or person may be substituted by the commissioner, if the waiver or substitution would neither jeopardize the health, safety, or well-being of any person or persons served or proposed to be served by the applicant, nor substantially deviate from meeting the intent or purpose of the requirement or requirements being waived.

(c) Attainment of national accreditation by an applicant from an organization that evaluates and accredits providers of mental retardation or developmental disabilities services, or the recommendation of a local CDDO's quality assurance committee, shall be considered by the commissioner in determining compliance by the applicant with any one or more of the requirements of this article.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1810 and K.S.A. 2005 Supp. 75-3307b; implementing K.S.A. 39-1806; effective July 1, 1996; amended Oct. 1, 1998; amended Dec. 8, 2006.)

Kan. Admin. Regs. § 30-63-21 Person-centered support planning; implementation

(a) The provider shall prepare a written person-centered support plan for each person served that shall meet these requirements:

(1) Be developed only after consultation with the following:

(A) The person;

(B) the person's legal guardian, if one has been appointed; and

(2) contain a description of the person's preferred lifestyle, including describing the following:

(A) In what type of setting the person wants to live;

(B) with whom the person wants to live;

(D) with whom the person wants to socialize; and

(E) in what social, leisure, religious, or other activities the person wants to participate;

(3) list and describe the necessary activities, training, materials, equipment, assistive technology, and services that are needed to assist the person to achieve the person's preferred lifestyle;

(4) describe how opportunities of choice will be provided, including specifying means for the following:

(A) Permitting the person to indicate the person's preferences among options presented to the person, by whatever communication methods that person may possess, including a description of the effective communication methods utilized by the person;

(B) providing the necessary support and training to allow the person to be able to indicate the person's preferences, including a description of any training and support needed to fully participate in the planning process and other choice making; and

(C) assisting the person or the person's guardian to understand the negative consequences of choices the provider knows the person might make and that may involve risk to that person;

(5) describe when it is necessary to do so, to the person and the person's support network, how the preferred lifestyle might be limited because of imminent significant danger to the person's health, safety, or welfare based on an assessment of the following:

(A) The person's history of decision-making, including any previous experience or practice the person has in exercising autonomy, and the person's ability to learn from the natural negative consequences of poor decision-making;

(B) the possible long- and short-term consequences that might result to the person if the person makes a poor decision;

(C) the possible long- and short-term effects that might result to the person if the provider limits or prohibits the person from making a choice; and

(D) the safeguards available to protect the person's safety and rights in each context of choices;

(6) prioritize and structure the delivery of services toward the goal of achieving the person's preferred lifestyle;

(7) contribute to the continuous movement of the person towards the achievement of the person's preferred lifestyle. In evaluating this outcome, the provider may include assessments made by professionals and shall perform either of the following:

(A) Include consideration of the expressed opinions of the person, the person's legal guardian, if one has been appointed, and other individuals from the person's support network; or

(B) account for the following:

(i) The financial limitations of the person and the provider;

(ii) the supports and training needed, offered, and accepted by the person; and

(iii) matters identified in paragraph (a)(5). Next best options may be considered as responsive if the person cannot specifically have what the person prefers due to limitations identified by this methodology; and

(8) be approved, in writing, by the person or the person's guardian, if one has been appointed. Requirements for approval from or consultation with the person's guardian shall be considered to have been complied with if the provider documents that it has taken reasonable measures to obtain this approval or consultation and that the person's guardian has failed to respond.

(b) Whenever two or more providers provide services to the same person, the providers shall work together to prepare a single person-centered support plan. Each provider shall be responsible for the preparation and implementation of any portion of the plan relating to its services. The person, the guardian if one has been appointed, a member of the person's support network, or a provider shall take the lead coordination role in preparation of the plan, and a designation of that person or entity shall be noted in the plan.

(c) The provider shall regularly review and revise the plan, by following the same procedures as set out above, whenever necessary to reflect any of the following:

(1) Changes in the person's preferred lifestyle;

(2) achievement of goals or skills outlined within the plan; or

(3) any determination made according to the methodology provided for in paragraph (a)(7) above that any service being provided is unresponsive.

(d) The provider shall deliver services to the person only in accordance with the person's person-centered support plan.

(e) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-22 Individual rights and responsibilities

(a) Each provider shall at all times encourage and assist each person served to understand and exercise the person's individual rights and to assume the responsibilities that accompany these rights.

(b) Each person served shall be guaranteed the same rights afforded to individuals without disabilities. These rights may be limited only by provisions of law or court order, including guardianship, conservatorship, power of attorney or other judicial determination. These rights shall include the following:

(1) Being free from physical or psychological abuse or neglect, and from financial exploitation;

(2) having control over the person's own financial resources;

(3) being able to receive, purchase, have, and use the person's personal property;

(4) actively and meaningfully making decisions affecting the person's life;

(5) having privacy;

(6) being able to associate and communicate publicly or privately with any person or group of people of the person's choice;

(7) being able to practice the religion or faith of the person's choice;

(8) being free from the inappropriate use of a physical or chemical restraint, medication, or isolation as punishment, for the convenience of a provider or agent, in conflict with a physician's orders or as a substitute for treatment, except when physical restraint is in furtherance of the health and safety of the person;

(9) not being required to work without compensation, except when the person is living and being provided services outside of the home of a member of the person's family, and then only for the purposes of the upkeep of the person's own living space and of common living areas and grounds that the person shares with others;

(10) being treated with dignity and respect;

(11) receiving due process; and

(12) having access to the person's own records, including information about how the person's funding is accessed and utilized and what services were billed for on the person's behalf.

(c) Each provider shall train its agents regarding the rights specified in subsection (b). In addition, each provider shall offer training at least annually regarding these rights and effective ways to exercise them to each person served, to the guardian if one has been appointed, and to the person's parent and other individuals from each person's support network.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 39-1810; implementing K.S.A. 39-1802 and K.S.A. 39-1806; effective July 1, 1996; amended Oct 1, 1998; amended Dec. 8, 2006.)

Kan. Admin. Regs. § 30-63-23 Medications; restrictive interventions; behavioral management committee

(a) A provider shall take proactive and remedial actions to ensure appropriate, effective, and informed use of medications and other restrictive interventions to manage behavior or to treat diagnosed mental illness. These actions shall be taken before the provider initiates the use of any medication or other restrictive intervention to manage behavior, unless the needs of the person served clearly dictate otherwise and the provider documents that need. Otherwise, these actions shall be taken promptly following the initiation of, or any change in, the use of any medication or other restrictive intervention to manage behavior or to treat diagnosed mental illness.

(b) These proactive and remedial actions shall include all the following:

(1) Safeguards, which shall include initial and ongoing assessment and responsive modifications that may be needed to ensure and document the following, in consultation with the person, the person's guardian, and the person's support network:

(A) All other potentially effective, less restrictive alternatives have been tried and shown ineffective, or a determination using best professional clinical practice indicates that less restrictive alternatives would not likely be effective;

(B) positive behavior programming, environmental modifications and accommodations, and effective services from the provider are present in the person's life;

(C) voluntary, informed consent has been obtained from the person or the person's guardian if one has been appointed, after a review of the risks, benefits, and side effects, as to the use of any restrictive interventions or medications; and

(D) medications are administered only as prescribed, and no "PRN" (provided as needed) medications are utilized without both the express consent of the person or the person's guardian if one has been appointed, and per usage approval from the prescribing physician or another health care professional designated by the person or the person's guardian if one has been appointed;

(2) management, which shall include initial and ongoing assessment and responsive modifications that may be needed to ensure and document the following:

(A)(i) When restrictive intervention or medication is being used to manage specific behaviors, those behaviors are documented as to the frequency and objective severity of occurrence;

(ii) the provider periodically reviews and reports to the person, the person's guardian if one has been appointed, the person's support network, and the physician prescribing any medication to manage behavior, the frequency and objective severity of the specific behaviors, and the effectiveness of the restrictive intervention or medication and any side effects experienced from any medication used to manage specific behaviors, in conjunction with safeguard measures; and

(iii) the provider recommends to the person, the person's guardian if one has been appointed, the person's support network, and the physician prescribing any medication to manage behavior, reducing the use of the restrictive intervention or medication being used to manage specific behaviors, when appropriate, based upon the documented effectiveness of those efforts in conjunction with safeguard measures; or

(B) when medication is used to treat specifically diagnosed mental illness, the medication has been prescribed and is being managed by a psychiatrist who is periodically provided information regarding the effectiveness of and any side effects experienced from the medication. The prescription and management may be by a physician, rather than a psychiatrist, only when requested and agreed to by the person or the person's guardian if one has been appointed, and when based upon the documented need of the person; and

(3) review by a behavior management committee established by the provider, which shall meet these criteria:

(A) Be made up of a selected number of persons served, guardians of persons served, family members of persons served, interested citizens, and providers, at least ⅓ of whom shall be otherwise unassociated with the provider; and

(B) periodically review the use of medications and other restrictive interventions to manage behavior or to treat diagnosed mental illness, to ensure that the provisions of this regulation are met and to report to the provider each instance in which the committee determines that any provision of this regulation has not been met. The provider shall immediately correct any instance of noncompliance reported by the behavior management committee.

(c) Requirements for consent from or consultation with the person's guardian shall be considered to have been complied with if the provider documents that it has taken reasonable measures to obtain the consent or consultation and that the person's guardian has failed to respond.

(d) This regulation shall take effect on and after October 1, 1998.

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History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective Aug. 23, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-24 Individual health

(a) A provider shall assist each person served, as necessary, in obtaining the medical and dental services to which the person has access and that may be required to meet the person's specific health care needs, including the following:

(1) Scheduling and receiving preventative examinations and physicals;

(2) practicing for obtaining emergency services;

(3) developing individualized procedures for the administration of medications and other treatments, including training for self-medication or administration; and

(4) obtaining necessary supports, including adaptive equipment, and speech, hearing, physical, or occupational therapies, as appropriate.

(b) Non-licensed personnel shall administer medications and perform nursing tasks or activities in conformance with the provisions of K.S.A. 65-1124, and amendments thereto.

(c) A provider shall train staff who shall be responsible to implement the service provider's written policies and procedures for carrying out medication administration, including the following:

(1) Self-administration by any person;

(2) medication checks and reviews;

(3) emergency medical procedures; and

(4) any other health care task.

(d) Whenever two or more providers provide services to the same person, the providers shall work together to meet the health care needs of the person. The person, the guardian if one has been appointed, a member of the person's support network, or a provider may take the lead coordination role, and a designation of that person or entity shall be noted in the person-centered support plan.

(e) This regulation shall take effect on and after October 1, 1998.

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History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-25 Nutrition assistance

(a) Except when a provider is providing services to a person living in the home of a member of that person's family, the provider shall assist each person served in obtaining daily access to a well-balanced, nutritious diet consistent with the provisions of K.A.R. 30-63-21 regarding opportunities of choice. If a person being served lives in the home of a family member, a provider shall assist that person similarly with any meals provided outside of that home setting.

(b) A provider that serves a person meals shall serve each modified or special diet meal in a form consistent with both the person's needs and desires and any medical directions with regard thereto.

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History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-26 Staffing; abilities; staff health

(a) A provider shall provide professional and direct service staff in numbers sufficient to meet the support and service needs of each person being served.

(b) Each employee shall be able to perform the employee's job duties before working without oversight by another trained staff person.

(c) Each employee shall consistently satisfactorily perform the employee's assigned job duties throughout the term of the employee's employment.

(d) Staff who have been certified by a recognized training agency to give CPR and first aid shall be available in sufficient numbers whenever persons being provided services are present.

(e) All staff or consultants representing themselves as professionals subject to national, state, or local licensing, certification or accreditation standards shall be in compliance and maintain compliance with those standards.

(f) Each staff member shall monitor the member's personal health and avoid circumstances in which the member risks exposing a person to whom the member is providing services to contagious disease or other health endangerment.

(g) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-63-27 Emergency preparedness

(a) Each agent of each provider shall be:

(1) trained in general fire, safety and emergency procedures;

(2) trained and able to effectively and efficiently evacuate any building within which the agent is providing services, including knowing:

(A) alternative exit routes;

(B) methods of accounting for persons who might be present in the building at any time; and

(3) trained and able to effectively and efficiently seek shelter in any building within which the agent is providing services, in the event of a tornado or other dangerous storm; and

(4) trained and able to respond effectively and efficiently to other emergency conditions, including power outages or flooding.

(b) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-63-28 Abuse; neglect; exploitation

(a) Whenever any agent of a provider suspects that abuse, neglect, or exploitation is or has taken place, that agent shall immediately take appropriate action to ensure that any specifically involved person or persons and all others are protected while an investigation is conducted.

(b) Each agent shall exercise any authority that the agent has for the purpose of the prevention of abuse, neglect, or exploitation of each person served.

(c) A provider shall regularly conduct training and take other steps to ensure that any agent, person, parent, guardian, and any other individual from each person's support network is advised about how to contact the appropriate state agency charged with providing adult protective services whenever abuse, neglect, or exploitation is suspected or witnessed.

(d) The provider shall immediately report any incident of suspected abuse, neglect, or exploitation of which the provider has become aware to the appropriate state agency charged with providing adult protective services. Any agent shall immediately report any incident of suspected abuse, neglect, or exploitation, in either manner:

(1) Directly to the appropriate state agency; or

(2) in accordance with the provider's written policy for reporting an incident.

A provider shall inform each agent that any report of an incident of suspected abuse, neglect, or exploitation may be made directly or anonymously to the appropriate state agency, shall ensure that each agent has ready access to the phone number for making any report, and shall take no steps to interfere with an agent making any report directly or anonymously.

(e) Each agent shall fully cooperate with any state agency conducting an investigation resulting from a report of abuse, neglect, or exploitation.

(f) A provider shall not employ any individual who is known by a provider to have had a conviction for or a prior employment history of abuse, neglect, or exploitation of children or vulnerable adults.

(g) A provider shall adhere to all laws, regulations, and procedures related to the reporting of, protecting from, and correcting the cause of abuse, neglect, or exploitation.

(h) This regulation shall take effect on and after October 1, 1998.

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History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-29 Records

(a) A provider shall maintain records for each person served. These records shall include the following:

(1) any application or agreement for services;

(2) any financial agreement made between the provider and the person;

(3) any incident or accident reports;

(4) a health profile, which shall be reviewed for accuracy by a licensed medical practitioner at least every two years, and shall include the following:

(A) notations regarding the person's health status;

(B) any medications the person takes; and

(5) basic assessment and service information system (BASIS) documents and other evaluation materials;

(6) the person's person-centered support plan;

(7) the plan of care for recipients of the home and community based services for persons who are mentally retarded or developmentally disabled program (HCBS/MR);

(8) releases of information, authorizations for publication, and consents for emergency and other medical treatment; as applicable; and

(9) a discharge summary, if applicable.

(b) A provider shall maintain each record confidentially and shall not release any record except:

(1) as authorized in writing by the person or the person's legal guardian, if one has been appointed;

(2) as otherwise authorized by law; or

(3) as necessary to comply with the requirements of this article.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-63-30 Physical facilities

(a) A provider shall maintain each site in which services are provided to any person and that is owned, leased, or made available by contract to be operated by a provider, any employee or board member of a provider, or any entity owned or controlled by a provider, a provider's employee or a provider's board member, so that the site shall meet these requirements:

(1) Have appropriate fire and safety equipment that is in good repair and is kept on site and readily accessible;

(2) not have any combustible or flammable materials kept in an unsafe location;

(3) be kept clean and well maintained;

(4) be kept safe and secure;

(5) have furniture and equipment in good repair and working order;

(6) be capable of maintaining a comfortable temperature and adequate ventilation;

(7) have adequate lighting;

(8) be free of insect and rodent infestation;

(9) have main routes of travel that are kept free of obstacles and stored materials;

(10) have appropriate assistive devices and any necessary structural modifications so that the facility meets the needs of persons with physical disabilities;

(11) be sufficiently sized to meet the living space needs of the person or persons residing there as well as the additional space needs of staff working within the premises, specifically including appropriate space or spaces for the following:

(A) Meal preparation;

(B) dining;

(D) bathing, toileting, and hand washing;

(E) recreation and day living; and

(F) storage of personal items; and

(12) meet the needs of each person being served, consistent with the preferred lifestyle of the person or persons; and

(13) be in compliance with all applicable fire and life safety, health, sanitation, and occupancy codes.

(b)(1) A provider shall monitor each facility in which services are provided, but that is not included in subsection (a) above, to determine whether or not the facility meets these requirements:

(A) Is maintained in compliance with all applicable fire and life safety, health, sanitation, and occupancy codes; and

(B) is of sufficient size and is equipped and stocked to permit the provider to provide the necessary services, activities, and training required by the person-centered support plan of any person being served at that site.

(2) If the provider is made aware of circumstances that create a violation of any fire and life safety, health, sanitation, or occupancy code, or that place a person's health, safety, or welfare in imminent danger, or if the provider determines that the facility fails to meet any required standard as specified by any person's person-centered support plan, the provider shall perform the following:

(A) Notify the person's support network of the nature of the deficiency; and

(B) implement any necessary corrective action by appropriate means, including any appropriate revisions to the person's person-centered support plan.

(c) Each facility intended to accommodate eight or more persons or in which eight or more persons are living shall be licensed by the Kansas department of health and environment as a lodging establishment pursuant to K.S.A. 36-501, et seq., and amendments thereto.

(d) A provider shall maintain each facility used for job training or production work in compliance with any applicable occupational health or safety code or regulation, including any provisions applicable to any equipment or machinery located or used within that facility.

(e) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-63-31 Registration with the community developmental disability organizations (CDDOs)

(a) Anytime a provider does not have an affiliation agreement in force with the CDDO for that service area, the provider shall:

(1) register with the CDDO, listing the types of services that the provider provides; and

(2) periodically give notice to the CDDO of the provider's current availability to offer services.

(b) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 75-3307b and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-63-32 Case management

(a) Each community services provider providing case management services shall perform the following:

(1) Develop and implement policies and procedures concerning the provision of case management services that are consistent with the requirements of this regulation;

(2) provide those services in a manner meeting all applicable requirements of this article; and

(3) ensure that all case management services are provided by case managers who meet the following requirements:

(A) No case manager shall provide any other direct service except case management services to any person receiving any other type of direct service from the same agency that employs the case manager;

(B) no case manager shall be supervised by anyone directly responsible for the provision of any other type of direct service provided to any person or responsible for supervision of those services;

(C) each case manager shall comply with the division's "rules of conduct for case managers serving people with developmental disabilities," as adopted on October 25, 2003, and hereby adopted by reference;

(D) each case manager shall maintain documentation that shows that within 90 calendar days of either the case manager's initial employment or following an announcement by the division posted upon the division's web site of a revision of the division's required assessment, whichever comes later, the case manager has completed and passed the required assessment that has been established by the division and that has been included in the division's case management-related training; and

(E) each case manager shall have the following documented qualifications:

(i) A minimum of six months of full-time experience in the field of human services; and

(ii) either a bachelor's degree or additional fulltime experience in the field of developmental disabilities services, which may be substituted for the degree at the rate of six months of full-time experience for each missing semester of college.

(b) Case management services shall assist the person and the person's support network to identify, select, obtain, coordinate, and use both paid services and natural supports that are available to that person to enhance the person's independence, integration, and productivity consistent with the person's capabilities and preferences as outlined in the person's person-centered support plan. Case management services shall include the following:

(1) Assessment, including an ongoing process for the identification of the person's needs, the determination of a person's preferred lifestyle, and the resources that are available to the person, through both formal and informal evaluation methods;

(2) (A) Support planning, with the participation of the person and the person's support network, including the development or assistance in the development, updating, and reviewing of the person's person-centered support plan and any related service or support plan, building upon assessment information to assist the person in meeting the person's needs and achieving the person's preferred lifestyle; and

(B) providing assistance to the person in being knowledgeable about the types and availability of community services and support options, in receiving information regarding the rights of persons served pursuant to the developmental disabilities reform act and implementing regulations, the content of which shall be approved by the commission, and in obtaining the community services and supports of the person's choice;

(3) support coordination, including the following:

(A) Arranging for and securing supports outlined in the person's person-centered support plan; and

(B) developing and accessing natural supports and generic community support systems, including pursuing means for gaining access to needed services and entitlements, and seeking modification of service systems when necessary to increase the accessibility to those systems by the person;

(4) monitoring and follow-up, including ongoing activities that are necessary to ensure that the person-centered support plan and related supports and services are effectively implemented and adequately addressing the needs of the person; and

(5) assisting transition and portability, including the planning of and arranging for services to follow the person when the person moves between any of the following:

(A) From school to the adult world;

(B) from an institution to community alternatives;

(D) from one provider to another provider; or

(E) from one service area to another service area.

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History

History: (Authorized by K.S.A. 39-1810; implementing K.S.A. 39-1805 and 39-1806; effective May 30, 2008.)

Article 64 Developmental Disabilities—Community Developmental Disability Organizations (CDDO's)

Kan. Admin. Regs. § 30-64-1 Definitions

(a) Words and phrases used in this article shall have the same meanings as those set forth in K.S.A. 39-1803 or as defined in article 63. In addition, the following terms shall have the meaning ascribed to them in this regulation:

(1) "home county" means, as determined by the CDDO in accordance with the following listed order of priority:

(A) the county of residence of a family member of the person with a development disability;

(B) the county of residence of the person's guardian; or

(2) "service area" means the counties from which a CDDO receives funding pursuant to K.S.A. 19-4001, et seq.

(b) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-10 Currently established and recognized community mental retardation centers now recognized as community developmental disability organizations (CDDOs)

(a) Each community mental retardation center organized pursuant to the provisions of K.S.A. 19-4001, et seq., currently established and operating as of the effective date of this regulation, shall be recognized as a CDDO. The CDDO shall have the same service area that the community mental retardation center was previously recognized for.

(b) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 19-4001 and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-11 Establishment of new community developmental disability organizations (CDDOs)

(a) Except in compliance with this article, a new CDDO shall not be established if the proposed service area is already being served by one or more existing CDDOs.

(b) Except in compliance with this article, an existing CDDO shall not alter its existing service area to include an area already being served by one or more existing CDDOs.

(c) Along with the proposal to establish a new CDDO, anyone proposing the establishment of a new CDDO shall submit an application for a license for the CDDO to operate as a provider of community services in compliance with in article 63, unless the organization, corporation or agency proposed as the new CDDO is already licensed, or unless the proposed CDDO does not intend to provide community services itself.

(d) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 19-4001 and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-12 Application for approval of a proposal to establish a new community developmental disability organization or to realign the service area of one or more existing CDDOs; requirements

(a) Anyone proposing the establishment of a new CDDO, or the realignment of the service area of any existing CDDO, shall apply for approval of the proposal to the commissioner in writing. The application shall include the following:

(1) A description of the service area or areas to be created;

(2) a copy of the establishing resolution or resolutions adopted pursuant to K.S.A. 19-4001, and amendments thereto, by the affected board or boards of county commissioners;

(3) a statement of the problems thought to exist with the current structure of community services for persons with developmental disabilities within that service area or areas and how the new or realigned CDDO or CDDOs will address those problems;

(4) a description of what specific services the new or realigned CDDO or CDDOs will provide;

(5) a plan for how any other services needs of the proposed service area will be met;

(6) a description of the planned structure of governance, organization, staffing, and fiscal management procedures that will be used by the new or realigned CDDO;

(7) a long-range financial plan detailing how the new or realigned CDDO proposes to finance itself during the initial five-year period;

(8) a statement of the anticipated fiscal and service impacts that this new or realigned CDDO will have on all other affected service areas of the state;

(9) an endorsement of the proposal by the governing board or boards and chief executive officer or officers of any affected existing CDDOs, or an explanation of why an endorsement has not or cannot be obtained; and

(10) written comments received from the public and a summary of public comments made at a public hearing held for the purpose of receiving comments concerning the proposal. The commission shall have been consulted in advance of this public hearing, and approval of the process to be used for obtaining public comments shall have been given by the commission. Any process for obtaining public comments shall contain a method for notifying all existing CDDOs and licensed community service providers that operate in the service area or areas to be affected by the proposal.

(b) This regulation shall take effect on and after October 1, 1998.

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History

History: (Authorized by and implementing K.S.A. 19-4001 and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-64-13 Approval or disapproval of a proposal to establish a new community developmental disability organization or to re-align the service area of one or more existing CDDOs

(a) Before the approval or disapproval of a proposal to establish a new CDDO, or to re-align the service area of one or more existing CDDOs, the materials submitted as required by K.A.R. 30-64-12 shall be reviewed by the commission. Additional comments from any of the following may be received or sought out as the commission deems appropriate:

(1) consumer and advocacy organizations or representatives;

(2) other interested individuals and agencies; and

(3) licensed providers in and near the proposed new or re-aligned service area or areas.

(b) The proposal shall be approved or disapproved by the commissioner and the applicant shall be notified of that determination in writing. The notice shall clearly state the reasons why the proposal is disapproved.

(c) An applicant may appeal any decision to disapprove a proposal to establish a new CDDO or to re-align the service area of one or more existing CDDOs to the administrative appeals section pursuant to the provisions of article seven of these regulations.

(d) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 19-4001 and K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-20 Contracting community developmental disability organizations; requirements; enforcement actions

(a) Each CDDO established according to this article desiring to contract with the secretary pursuant to the provisions of the developmental disabilities reform act, K.S.A. 39-1801 et seq., and amendments thereto, shall comply with the provisions of this article.

(b) Any CDDO having entered into a contract with the secretary, but failing to maintain compliance with the provisions of this article or with the provisions of the contract, may be subject to one or more of the following enforcement actions:

(1) The requirement of a corrective action plan, approved by the commission, with specific corrective or improvement activities identified and implemented, measurable outcomes, and implementation timelines;

(2) the requirement of a peer review process, approved by the commission, with specific review and improvement activities identified and implemented, measurable outcomes, and implementation timelines;

(3) suspension of part or all of the payments provided for in the contract until the violation is corrected;

(4) civil penalties in an amount not to exceed $125.00 per day for each violation from a specified date forward until the CDDO complies; or

(5) cancellation of the contract.

The contract may specifically provide for any or all of the penalties specified in this subsection.

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History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805, 39-1807, and 39-1810; effective July 1, 1996; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-21 Procedures applicable to the service area; development by the CDDO

(a) The governing board of each CDDO desiring to contract with the secretary shall develop written procedures, subject to approval by the commissioner, which shall specify how the requirements of this article will be met within that service area by the CDDO, and if applicable, by affiliating providers. These procedures shall include provisions which allow any affiliating provider which employs 20 or more direct care employees to contract with the department for direct payment in lieu of receiving payments from the CDDO.

(b) At least 30 days before final adoption, the governing board shall present these procedures to the service area's council of community members organized pursuant to K.A.R. 30-64-22(a)(3), who may provide written comment upon them to the board. The board shall include any comments by the council with the procedures when the procedures are submitted to the commissioner.

(c)(1)(A) At least 30 days before final adoption, the governing board shall present these procedures to interested parties and the public at a public hearing held for the purposes of receiving comments upon these procedures; or

(B) other means may be used to solicit and receive comments about these procedures from interested parties and the public at least 30 days before final adoption.

(2) The commission shall have been consulted in advance of this public hearing or the board's decision to use any other means to obtain public comments, and the commission shall have given approval of the process to be used. The board shall summarize any comments received and include them with the procedures when the procedures are submitted to the commissioner.

(d) The governing board shall obtain approval of these procedures by the commissioner before the CDDO may be awarded a contract by the secretary. The CDDO shall not make any changes to these procedures after their approval except in compliance with the procedures set forth in subsections (b) and (c) above. The CDDO shall obtain approval of these changes by the commissioner, in writing, before those changes may become effective.

(e) This regulation shall take effect on and after July 1, 1996.

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History

History: (Authorized by and implementing K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-22 Implementation responsibilities of CDDOs

Each contracting CDDO shall perform the following:

(a) Implement the approved service area procedures specified in K.A.R. 30-64-21;

(b) collect and report to the secretary, in a manner specified by the commission, all information requested by the commission, including the following:

(1) Information required by the basic assessment and services information system (BASIS);

(2) copies of the plans of care detailing home- and community-based services to be provided to persons served by that program;

(3) copies of independent financial audits obtained by the CDDO, as well as any management letters generated as a result of the audits; and

(4) any other information or records the CDDO has that the commission needs in order to monitor how services are provided in the CDDO's service area;

(d) organize a local committee on quality assurance as specified in K.A.R. 30-64-27;

(e) ensure that all services are provided in a manner that meets these requirements:

(1) Provides to all persons equal access to services, including to persons currently residing in any ICF/MR or institution but referred to the CDDO for possible services;

(2) provides that each person receiving or applying for community services, and that person's guardian if one has been appointed, receives information at least annually, communicated in a format appropriate for the person to understand, regarding the following:

(A) The types of community services available in the person's service area and information concerning the providers of those services; and

(B) the rights of persons served pursuant to the developmental disabilities reform act and implementing regulations, the content of which shall be approved by the commission;

(3) enables a person or the person's guardian, if one has been appointed, to choose the person's community service provider; and

(4) promotes the efficient delivery of services within the service area; and

(f) ensure that each community service provider entering into an affiliating agreement with the CDDO and operating within the CDDO's service area abides by the procedures applicable to that service area as established by the CDDO according to K.A.R. 30-64-21. In meeting this requirement, the CDDO may establish a procedure that would allow the CDDO to refuse to enter into or continue an affiliation agreement with any community service provider under any of these circumstances:

(1) If the provider refuses to accept a reimbursement rate for services to be provided that is at least equal to that established by the secretary to apply to the CDDO, or as agreed to in the affiliation agreement with the CDDO;

(2) if the provider has established a pattern of failing or refusing to abide by the service area procedures established by the CDDO according to K.A.R. 30-64-21, or failing to comply with its affiliation agreement with the CDDO; or

(3) if the CDDO demonstrates to the satisfaction of the secretary that being required to enter into the affiliating agreement would seriously jeopardize the CDDO's ability to fulfill its responsibilities either under these regulations or pursuant to its contract with the secretary.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805, 39-1806, and 39-1810; effective July 1, 1996; amended Oct. 1, 1998; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-23 Single point of application, determination, and referral

(a) Each contracting CDDO shall develop and implement policies and procedures by which the CDDO shall act as the single point of application, eligibility determination, and referral for persons desiring to receive either information about community services or these services within the service area of that CDDO. Procedures shall be established for the following:

(1) Distributing, completing, accepting, and processing the uniform statewide application for community services, as published by the commission;

(2) determining if the applicant meets the definitional criteria to be considered a person with a developmental disability as defined in K.S.A. 39-1803, and amendments thereto;

(3) impartially informing a person of the types and availability of community services provided within the service area and of the licensed providers and other agencies existing within the service area that the CDDO has been advised might be willing to provide services to the person, and the way to contact those licensed providers or other agencies;

(4) impartially assisting a person in deciding which community services the person may wish to obtain or would accept within the next year from the date of the person's application;

(5) impartially assisting a person in accessing the community services of the person's choice;

(6) maintaining a list of persons who have made application to the CDDO for community services and have been determined eligible, and allowing access to this list, except for the names of those persons who have requested that their names be kept confidential by the licensed providers in the service area who have entered into affiliation agreements with the CDDO; and

(7) ensuring that when any person receiving any services expresses a desire to consider changing service providers, that person is referred directly and only to an individual who is not involved in the delivery of any service, has no involvement in any dispute about the person's current services, and honors the confidentiality of the person considering a change in service providers. The individual shall supply to the person and the person's guardian information about the types and availability of community services within the service area and assist the person in accessing alternative service providers.

(b) Each contracting CDDO shall require any employees or agents of the CDDO who perform any of the functions specified in subsection (a) to maintain records that shall demonstrate compliance with these requirements.

(c) Each contracting CDDO shall require any employees or agents of the CDDO who perform the functions of determining eligibility, processing applications for service or referral of persons for service, or assisting persons in accessing services, to complete a training program that is approved by the division and meets these criteria:

(1) Is developed by the CDDO and approved by the CDDO council of community members required by K.A.R. 30-64-22(c);

(2) includes topics regarding the following:

(A) The types of community services available in the service area and information concerning the licensed providers and other agencies offering those services; and

(B) potential referral contacts for persons who are determined not to be eligible for services; and

(3) is offered in a manner and frequency that shall ensure that employees or agents of the CDDO who perform the duties required by subsection (a) are competent to do so.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805 and 39-1810; effective July 1, 1996; amended Oct. 1, 1998; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-25 Uniform access to services

(a) Each contracting CDDO shall implement a plan, developed in coordination with the CDDO's affiliates, that results in services being offered and provided in a way that does not discriminate against any person because of the severity of each person's disability.

(1) The plan may require all community service providers to serve all persons regardless of the severity of each person's disability.

(2) The plan may allow individual community service providers to specialize in services, if all persons are offered appropriate services without regard to the severity of each person's disability.

(b) The plan shall not require any community service provider to accept more persons than the community service provider can effectively serve. If all community service providers are at their maximum capacity, the CDDO shall, pursuant to K.S.A. 39-1805(b), assist in establishing new community service providers.

(c) Notwithstanding these provisions, any CDDO that contracts with its affiliates and by mutual agreement provides its affiliates with financial consideration in excess of that required to be provided by the commission may require its affiliates to develop and make available appropriate services for any eligible person.

(d) Notwithstanding these provisions, a CDDO may refuse to serve a person who is determined by the secretary to be inappropriate for community services because the person presents a clear and present danger to self or to the community.

(e) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-64-26 Quality enhancement

(a) Each contracting CDDO shall ensure that each service provided by the CDDO or by any affiliate shall be:

(1) provided as specified within, and in a manner that is responsive to, the person-centered support plan under which that service is being provided;

(2) provided in a manner that offers opportunities of choice to the person being served; and

(3) performed in a manner that ensures that all of the person's rights are observed and protected.

(b) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Kan. Admin. Regs. § 30-64-27 Quality assurance

(a) Each contracting CDDO shall ensure the quality of the services being provided to persons being served by the CDDO or by an affiliate. Ensuring quality shall include providing for on-site monitoring by a local committee made up of persons served, their families, guardians, interested citizens, and providers. The type and intensity of on-site review shall be determined by the local committee and shall include at least a determination of all of the following:

(1) Services that are paid for are delivered.

(2) Services that are delivered are paid for in accordance with the terms of any agreement or contract in force, including any payment requirement that the person being served or a third party acting on behalf of the person being served has the responsibility to meet.

(3) Services are being provided in a manner meeting applicable requirements provided for in article 63.

(4) The CDDO or affiliate is affording the person being served all of the person's legally protected rights.

(5) The CDDO or affiliate meets both of these requirements:

(A) Is reporting any suspicions of abuse, neglect, or exploitation to the appropriate state agency; and

(B) has corrected or is actively in the process of correcting the cause of any confirmed violation.

(b) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-64-28 Continuity and portability of services

(a) Each contracting CDDO shall ensure both of the following:

(1) That each person who has applied for, accepted, and begun receiving community services continues to receive services consistent with the person's person-centered support plan, as long as state or federal funding support for those services continues, or until the person or the person's legal guardian, if one has been appointed, requests that services be discontinued; and

(2) that if the person moves from one service area to another and wants to continue receiving community services, the level of state and federal financial support utilized to provide services and supports for that person is transferred to the person's new service area.

(b) This regulation shall take effect on and after October 1, 1998.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-64-29 Gatekeeping

(a) Each request for admission to an ICF/MR or state institution shall be submitted to the CDDO responsible for the county in which the person is currently residing. The CDDO shall implement a procedure to review each request for admission to an ICF/MR or state institution. The procedure shall result in the following:

(1) Determining whether or not the person requesting admission has a developmental disability and is eligible for ICF/MR services using procedures and standards specified by the commission;

(2) determining if ICF/MR placement is consistent with the person's preferred lifestyle as determined consistent with K.A.R. 30-63-21;

(3) informing the person, the person's family, and the person's guardian if one has been appointed, of all services or supports that are available or could be made available within 90 days in or near the person's home county, and of the person's rights pursuant to the developmental disabilities reform act and implementing regulations, the content of which shall be approved by the commission;

(4) offering to provide or arranging to provide these services or supports; and

(5) providing the commission with the results of items stipulated in (a)(1) through (a)(4) of this subsection for each person who requests admission to an ICF/MR or state institution, using forms specified by the commission, within 15 days of receiving information necessary to determine eligibility and preferred lifestyle.

(b) As described in this subsection, the CDDO shall implement a procedure to, at least annually, review the persons living in ICFs/MR and state institutions. The procedure shall result in all of the following:

(1) The CDDO whose service area includes the county in which the ICF/MR or state institution is located meets these requirements:

(A) Collecting information about the persons living in ICFs/MR and state institutions and submitting this data to the commission using standards, forms, and procedures specified by the commission; and

(B) making a determination regarding what the person's home county is and providing the CDDO whose service area includes the person's home county of the person's name and address, and the name and address of the person's family and guardian, if one has been appointed.

(2) The CDDO whose service area includes the person's home county informs the person, the person's family, and the person's guardian, if one has been appointed, of all services or supports that are available or could be made available in or near the person's home county, and of the person's rights pursuant to the developmental disabilities reform act and implementing regulations, the content of which shall be approved by the commission.

(3) The CDDO whose service area includes the person's home county provides or arranges to provide these services or supports if the person or the person's guardian, if one has been appointed, chooses them.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.)

Kan. Admin. Regs. § 30-64-30 Statewide service access list

Each contracting CDDO shall ensure that each person who has applied for services, been determined eligible for services, and agreed to accept services within the next year following the date of the person's application, but who cannot now be provided those services by either the CDDO, or any affiliate, because the maximum number of persons to be served as established in the contract with the secretary are already being served, or because supporting funding is not available, will receive the following services:

(a) Be assisted in the person's current setting by any means the CDDO can provide within existing resources in order to avoid as much as possible a crisis from developing until services can be arranged to be provided by the CDDO or an affiliate;

(b) be referred to other community agencies that may be able to provide any type of support or assistance appropriate to the needs of that person until services can be arranged to be provided by the CDDO or an affiliate;

(c) be reported to the secretary as waiting to access services in accordance with the division's policy governing service access lists; and

(d) be contacted at least annually from the initial application date to determine the continued need for services.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805, and 39-1810; effective July 1, 1996; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-31 Council of community members

(a) A council of community members organized according to K.A.R. 30-64-22(c) shall meet these criteria:

(1) Consist of a selected number of individuals, a majority of whom shall be made up of representatives from each of the following two categories:

(A) Persons with a developmental disability; and

(B) family members or guardians of a person with a developmental disability;

(2) include representatives from the following:

(A) The CDDO; and

(B) affiliates of the CDDO;

(3) not have served more than two consecutive three-year terms as members of the council;

(4) have the right to express opinions and make suggestions and recommendations to the governing board of the CDDO concerning any services issue, including the following:

(A) The types of services being offered by the various providers within the service area; and

(B) the manner in which those services are being provided;

(5) be responsible for the development and implementation of the dispute resolution procedures required by K.A.R. 30-64-32;

(6) be responsible for overseeing development, implementation, and progress reporting as to local capacity building plans, in accordance with guidelines provided by the division; and

(7) meet at least quarterly and at other times as necessary to fulfill the council's responsibilities for dispute resolution according to K.A.R. 30-64-32.

(b) For purposes of initial organization of the council, the CDDO shall appoint each member to the council. Thereafter, the selection of successor members of the council shall be determined pursuant to the bylaws or procedures agreed to and adopted by the council. Those bylaws or procedures shall stipulate a process by which consumer, family member, or guardian council members are chosen in an election by consumers, family members, and guardians following nominations by individuals residing in the service area.

(c) In order for a quorum to exist at any meeting of the council, at least 51 percent of those council members present and qualified to vote shall meet the provisions of both paragraphs (c)(1) and (2) below:

(1) Be any of the following:

(A) Persons being served;

(B) family members of persons being served; or

(2) not also be either of the following:

(A) An employee or paid consultant to any provider or CDDO; or

(B) a member of the board of directors of any provider or CDDO.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805 and 39-1810; effective July 1, 1996; amended Oct. 1, 1998; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-32 Dispute resolution

(a) Each contracting CDDO, in conjunction with the council of community members as specified in K.A.R. 30-64-31, shall develop and implement a dispute resolution procedure that shall provide persons being served by the CDDO, or by any community service provider affiliated with that CDDO, with a means for resolving disputes that may arise between the following:

(1)(A) The person;

(B) the person's legal guardian, if one has been appointed; or

(2)(A) The CDDO;

(B) an affiliated community service provider; or

(b) These procedures shall provide a means for resolving disputes that may arise between any of the following:

(1) The CDDO and any affiliated community service provider;

(2) the CDDO and any entity that wishes to become an affiliated provider;

(3) the CDDO and any other component of the community services system;

(4) any affiliated community service providers; or

(5) any affiliated provider and any other component of the community service system.

(1) A local dispute-resolution process providing the opportunity for resolution between the disputing parties, to be completed no later than 20 calendar days following receipt of written notice to the CDDO of a dispute;

(2) an opportunity for the intervention into the dispute by a mediator who has no decision-making authority and is impartial to the issues being discussed, and a mechanism by which any fees charged by the mediator can be shared equally between the parties to the mediation. A person shall not be denied mediation services solely because of an inability to pay the applicable fee. Mediation shall be completed no later than 40 calendar days following the receipt of written notice to the CDDO of a dispute referred to in paragraph (c) (1) above. Any party to the dispute may decline to enter into any process of mediation if that party chooses to proceed directly to the appeal procedures provided for in paragraph (c) (3) below. Any party to the dispute may withdraw from any mediation whenever that party believes further efforts at mediation will not likely result in resolution of the dispute; and

(3) the right of any party to the dispute to appeal to either of the following:

(A) The governing board of the CDDO, or any other body that the board may designate, if the dispute involves the CDDO as a party. The board shall have 20 days from the date of receipt of a written notice of appeal to conduct any appropriate proceedings and issue a written decision concerning the issues in dispute. If the board fails to issue a written decision by the end of this 20-day period, the appeal shall be deemed to have been decided in favor of the appellant. Each decision of the board shall be binding upon the parties unless either party further appeals to the commission as specified in paragraph (c) (3) (B); or

(B) the commission, unless the dispute involves the CDDO as a party, in which case the appeal shall first have been made to the governing board, as specified in paragraph (c) (3) (A). If the appeal is from a decision of the governing board of the CDDO, a written notice of appeal shall be delivered to the commission within 10 calendar days of the appealing party's receipt of the board's decision. If the dispute does not involve the CDDO as a party, a written notice of appeal shall be delivered to the commission within 60 calendar days following the CDDO's receipt of written notice of the dispute as specified in paragraph (c) (1) above. The authority to review the dispute and make an appropriate decision shall be reserved by the commission to assist the parties in resolving the dispute and preventing similar disputes in the future, including by requiring changes of policies, procedures, or practices of community service participants; by requiring corrective action or a peer review process by community service participants; or by using other resolution guidelines. The decision of the division may be appealed to the office of administrative appeals within the Kansas department of administration pursuant to article 7.

(d) Nothing in this regulation shall be construed to limit the right of any person to bring any action against a CDDO, any affiliated community service provider, or any other individual or entity as may be permitted by law.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1804, 39-1805 and 39-1810; effective July 1, 1996; amended Oct. 1, 1998; amended Feb. 1, 2002.)

Kan. Admin. Regs. § 30-64-33 Fiscal management

(a) Each contracting CDDO shall expend the funds received pursuant to its contract with the secretary only in accordance with the terms of that contract and this article.

(b) A contracting CDDO shall not use funds received through this contract to supplant funds previously received from local tax levies made pursuant to K.S.A. 19-4004, and amendments thereto.

(c) A contracting CDDO shall not transfer funds received through this contract from the CDDO to any other entity, except as authorized by that contract, or as otherwise expressly authorized in advance, in writing, by the department.

(d) All funds received by a contracting CDDO shall be subject to audit and review by the department.

(e) This regulation shall take effect on and after July 1, 1996.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 39-1801, et seq.; effective July 1, 1996.)

Article 65 Mental Retardation Developmental Disability Provider Revolving Fund

Kan. Admin. Regs. § 30-65-1 Eligible providers, loans, interest, repayment

(a) Only providers of mental retardation or developmental disability (MR/DD) services otherwise recognized and approved pursuant to MR/DD programs administered by the department of SRS shall be eligible to participate in the MR/DD provider revolving fund program.

(b) Loans issued under this program shall not exceed the equivalent of the reimbursable sums which would be allowed for the particular services provided over a period of time not to exceed four months.

(d) Each loan shall be repaid in accordance with the terms and conditions specified in that particular loan agreement, but in no case shall the term during which repayment is to be made exceed twice the length of time upon which the loan amount was calculated. If any provider becomes in arrears or in default on the provider's repayment, then those arrearages or unpaid sums may be offset and deducted by the department from any future reimbursement or grant awards due to the provider from the department.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1993, Chapter 292, Sec. 30(b); effective, T-30-10-21-93, Oct. 21, 1993; effective Dec. 6, 1993.)

Kan. Admin. Regs. § 30-65-2 Loan application, approval

(a) Any eligible provider may make application for a loan under this program by submitting the designated loan application form to the department. Each application shall:

(1) Specify the individually named client who would be served with the proceeds of the loan;

(2) specify the amount of the loan sought and the services upon which it is based;

(3) include a proposed repayment schedule;

(4) be signed by an authorized official of the provider; and

(5) be accompanied by any additional information that may be required upon the application form, or that may be necessary to adequately explain the nature of the loan.

(b) Each loan application received by the department shall be reviewed and approved or denied within 14 days of receipt.

(1) Any application considered to be incomplete shall be denied, but may be resubmitted by the provider along with the additional information the department specifies as necessary to make the application complete.

(2) All loan approvals shall be subject to available resources.

(3) Nothing herein shall be construed to prevent the department and provider from agreeing to some loan amount or term different from the amount or term sought in the loan application, so long as the final loan agreement is in compliance with the provisions of these regulations.

(c) A loan application shall not be approved for any provider whose cash reserves are more than the amount regularly necessary to cover two months' operating expenses, including any unusual debt due or expenses expected to be incurred within 90 days of the date of the loan application.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1993, Chapter 292, Sec. 30(b); effective, T-30-10-21-93, Oct. 21, 1993; effective Dec. 6, 1993.)

Kan. Admin. Regs. § 30-65-3 Loan agreement, proceeds availability

(a) Each loan approved by the department shall be evidenced by a loan agreement signed by the secretary and an authorized official of the provider. The agreement shall be on a form approved by the department for such purposes and shall specify:

(1) The loan amount;

(2) the repayment schedule; and

(3) other terms and conditions which may be appropriate.

(b) The proceeds of each approved loan shall be made available only on or after the date the client receiving the services that are the subject of the loan is actually placed with the provider.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing L. 1993, Chapter 292, Sec. 30(b); effective, T-30-10-21-93, Oct. 21, 1993; effective Dec. 6, 1993.)

Kan. Admin. Regs. Agency 30 — Kansas Department for Children and Families

Article 2 General

Kan. Admin. Regs. § 30-2-1 Assistance provided without discrimination

Kan. Admin. Regs. § 30-2-2 Uniformity of interpretation

Kan. Admin. Regs. § 30-2-11 Disclosure of information to client

Kan. Admin. Regs. § 30-2-12 Fee for providing copies of agency documents and records to non-agency personnel

Kan. Admin. Regs. § 30-2-13 Reliance upon certain agency actions

Kan. Admin. Regs. § 30-2-15 Civil rights and equal employment opportunity compliance&mdash;providers, contractors, grantees and vendors

Kan. Admin. Regs. § 30-2-16 Permanency planning goals for title IV-E of the federal social security act

Kan. Admin. Regs. § 30-2-17 Administration of certain long-term care programs

Article 4 Public Assistance Program

Kan. Admin. Regs. § 30-4-34 Public assistance program

Kan. Admin. Regs. § 30-4-35 Application process

Kan. Admin. Regs. § 30-4-35w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-36 Redetermination of eligibility

Kan. Admin. Regs. § 30-4-38 Rights of applicants and recipients

Kan. Admin. Regs. § 30-4-39 Responsibilities of applicants and recipients

Kan. Admin. Regs. § 30-4-40 Department responsibility to applicants and recipients

Kan. Admin. Regs. § 30-4-41 Assistance planning for TANF

Kan. Admin. Regs. § 30-4-41w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-50 Assistance eligibility

Kan. Admin. Regs. § 30-4-50w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-51 Eligibility process

Kan. Admin. Regs. § 30-4-52 Act in own behalf

Kan. Admin. Regs. § 30-4-52w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-53 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-53w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-54 Citizenship, alienage, and residence

Kan. Admin. Regs. § 30-4-54w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-55 Cooperation

Kan. Admin. Regs. § 30-4-55w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-56 This rule and regulation shall expire on July 1, 1989

Kan. Admin. Regs. § 30-4-57 This rule and regulation shall expire on October 1, 1989

Kan. Admin. Regs. § 30-4-58 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-58w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-59 Strikes

Kan. Admin. Regs. § 30-4-59w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-60 Living in a public institution

Kan. Admin. Regs. § 30-4-60w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-61 Supplemental security income benefits

Kan. Admin. Regs. § 30-4-61w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-62 This rule and regulation shall expire on October 1, 1989

Kan. Admin. Regs. § 30-4-63 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-63w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-64 Work program requirements for TANF

Kan. Admin. Regs. § 30-4-64w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-65w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-70 Eligibility factors specific to the TAF program

Kan. Admin. Regs. § 30-4-70w This rule and regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-71 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-71w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-72 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-72w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-73 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-74 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-74w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-75 This rule and regulation shall expire on July 1, 1989

Kan. Admin. Regs. § 30-4-78 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-80 Eligibility factors specific to the FFP-FC program

Kan. Admin. Regs. § 30-4-85a This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-90w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-95 Eligibility factors specific to the non-FFP-FC program

Kan. Admin. Regs. § 30-4-98 Funeral assistance

Kan. Admin. Regs. § 30-4-100 Payment standards for the TANF and foster care programs

Kan. Admin. Regs. § 30-4-100w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-101 Standards for persons in own home, other family home, specialized living, commercial board and room, or commercial room-only living arrangements

Kan. Admin. Regs. § 30-4-102 Standards for children in foster care

Kan. Admin. Regs. § 30-4-105 This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-105w This rule and regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-106 General rules for consideration of resources, including real property, personal property, and income

Kan. Admin. Regs. § 30-4-106w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-107 Property exemption

Kan. Admin. Regs. § 30-4-108 Real property

Kan. Admin. Regs. § 30-4-109 Personal property

Kan. Admin. Regs. § 30-4-109w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-110 Income

Kan. Admin. Regs. § 30-4-110w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-111 Income

Kan. Admin. Regs. § 30-4-111w This regulation shall be revoked on and after March 1, 1997

Kan. Admin. Regs. § 30-4-112 Income exempt from consideration as income and as a cash asset

Kan. Admin. Regs. § 30-2-15 Civil rights and equal employment opportunity compliance—providers, contractors, grantees and vendors