STATE SUMMARIES
KANSAS
ASSISTED LIVING FACILITY
Any place or facility caring for six or more individuals not related within the third degree of relationship to the Administrator, operator, or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24-hours a day, seven days a week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by this act. Generally, the skilled services provided in an assisted living facility shall be provided on an intermittent or limited term basis, or if limited in scope, a regular basis. Also known as an adult care home (any nursing facility, nursing facility for mental health, intermediate care facility for the mentally retarded, assisted living facility, residential health care facility, home plus, boarding care home and adult day care facility ). Kan. Stat. Ann. §§ 39-923 to 953b. Adult Care Homes Licensure.
Kan. Admin. Regs. 2839-144 to 2839-174. Licensure of Adult Care Homes.
Department of Health and Environment.
Does the state regulate the operation of assisted living facilities? Yes, by statute.
A license is required as a prerequisite to operating a facility.
Exempted: Adult care homes operated by a bona fide nonprofit religious order exclusively for the care of members of such order, and no rules, regulations, or standards shall be made or established under this act for any adult care home, conducted in accordance with the practice and principles of the body known as the Church of Christ Scientist, except as to the
construction, sanitary and safe conditions of the premises, cleanliness of operation, and its physical equipment.
No. No.
Does the statute include a statement of philosophy of assisted living? No.
Does the state restrict who can be admitted? Yes, by regulation.
C
LASSIFICATIONA
UTHORITY STATUTE REGULATIONO
VERSIGHTA
GENCY LICENSURE REGISTRATION CERTIFICATIONP
HILOSOPHYA
DMISSIONC
RITERIAHEALTH/MENTALHEALTH
A. CHRONICHEALTH CONDITION: No.
B. COMMUNICABLE, CONTAGIOUS, ORINFECTIOUSDISEASE: No. C. ALCOHOL/DRUGADDICTIONORMENTALILLNESS: No. D. COGNITIVE IMPAIRMENT: No.
E. MEDICALORNURSINGCARE: No.
FUNCTIONALABILITY
F. UNABLETO DIRECT SELFCARE: No. G. INCONTINENT: No.
H. BEDFAST: No.
BEHAVIORAL/SOCIAL
I. DANGERTOSELFOROTHERS: No.
J. PHYSICAL/CHEMICALRESTRAINTSORCONFINEMENT: No.
NEEDSEXCEEDFACILITYLICENSURE: Yes.
Physical, mental, and psychosocial needs can be met within the accommodations and services available in the adult care home.
OTHER
K. DIETARY, RELIGIOUS, OR CULTURALREGIMEN: No. L. COURTDETERMINED INCOMPETENCE: No.
M. OTHER ADDITIONAL: No.
Does the state require a resident council or similar for resident involvement? No.
Does the statute include a resident bill of rights? No. But it is included in section 28-39-147 of the regulations.
FREEDOM
A. FREEDOMOF CHOICE: Yes.
The right to be fully informed of the resident total health status including medical condition.
The right to free choice in a personal physician, participating in the development of an individual care plan or negotiated service agreement, refusing treatment, and the pharmacy where prescribed medications are purchased.
The right to notification of changes [including injuries from accidents potentially requiring] a physicians intervention, significant changes in the residents physical, mental, or psychosocial status, [significant alteration of] treatment, a decision to transfer or discharge the resident from the adult care home, or changes in room or roommate assignment. RESTRICTIONS
R
ESIDENTP
ARTICIPATIONR
ESIDENTB
ILL OFR
IGHTS ENUMERATED RIGHTSSTATE SUMMARIES
Kansas
The right to self-administer drugs in a nursing facility unless the residents attendingphysician and the interdisciplinary team has determined that this practice is unsafe. In assisted living, residential health care, home plus and adult day care facilities, a resident may self-administer drugs unless a registered professional nurse or a physician has determined that this practice is unsafe.
B. FREEDOMFROMABUSE & RESTRAINTS: No.
PRIVACY/CONFIDENTIALITY
C. PRIVACY: Yes.
The right to personal privacy during:
Medical and nursing treatment, [and] personal care visits.
Written and telephone communications [including] the right to send and receive unopened mail promptly, have access to stationery, postage and writing implements at the residents own expense, and have outgoing mail mailed promptly.
Meetings of family and resident groups.
D. CONFIDENTIALITY: Yes.
The right to confidentiality of personal and clinical records [and to] a signed release of resident records to anyone outside the adult care home, except in the case of transfer to another health care institution or as required by law.
GRIEVANCE
E. GRIEVANCE: Yes.
The right to voice grievances with respect to treatment or care that was or was not furnished, be free from discrimination of reprisal for voicing the grievances, and receive prompt efforts by the adult care home to resolve grievances the resident may have, including any grievance with respect to the behavior of other residents.
OTHER
F. ACCOMMODATION OFINDIVIDUAL NEEDS: Yes.
The right to refuse to perform services for the adult care home.
G. PARTICIPATIONIN GROUPS AND OTHERACTIVITIES: No. H. EXAMINATION OFSURVEY AND INSPECTION RESULTS: No. I. ACCESS AND VISITATION: Yes.
The right to inspect records pertaining to the resident [including] photocopies within two working days of the request [and at] a fee not [exceeding] community standards.
The right to immediate access to any resident by any representative of the secretary of the Kansas Department of Health and Environment, the residents individual physician, the state long-term care ombudsman, any representative of the Secretary of the Kansas Department of Social and Rehabilitation Services, immediate family or other relatives of the resident, or others who are visiting with the consent of the resident subject to reasonable restrictions.
The right to deny or withdraw consent for visitation by any person at anytime. The right to reasonable access to a telephone in a place where call can be made without
being overheard.
The right to retain and use personal possessions, including furnishings and appropriate clothing as space permits, unless doing so would infringe upon the rights or health and
ENUMERATED RIGHTS
safety of other residents.
The right to share a room with the residents spouse when married residents live in the same adult care home and both spouses consent.
J. SERVICESINCLUDEDIN MEDICAREOR MEDICAIDPAYMENT: No. K. NOTIFICATIONOFRIGHTSANDRESPONSIBILITIES: Yes.
The right to exercise rights as a resident of the adult care home and as a citizen [and] to be free from interference, coercion, discrimination, or reprisal from the adult care home in exercising [these] rights.
L. MANAGEDPERSONALFINANCIALAFFAIRS: Yes.
The right to manage personal financial affairs and [not be required] to deposit personal funds with the adult care home.
M. OTHER ADDITIONAL: No.
POSTEDWITHIN FACILITY: No.
WITHIN RESIDENTS CONTRACT: No.
PROVIDED AS SEPARATE WRITING: Yes.
In writing, before admission and in a language the resident understands.
ORAL EXPLANATION:Yes.
Orally, before admission and in a language the resident understands.
OTHER: No.
Does the state set guidelines for involuntary transfer and/or discharge? Yes.
Under section 28-39-148 of the regulations.
A. BEHAVIOR: Yes.
The safety [or health] of other individuals in the adult care home is endangered (documented by any physician).
B. HEALTH STATUS: Yes.
Necessary for the residents welfare and the residents needs cannot be met in the current adult care home (documented by the residents physician).
C. NONPAYMENT: Yes.
The resident has failed, after reasonable and appropriate notice, to pay the rates and charges imposed by the adult care home.
D. NONCOMPLIANCE: No.
E. FACILITY CEASES TO OPERATE: Yes.
The adult care home ceases to operate.
F. OTHER: No.
A. TIMING/DISTRIBUTION:
30-day written notice to the resident and, if known, to a family member or residents
ENUMERATED RIGHTS