Current through Register Vol. 42, No. 52, December 28, 2023
(a)
Initial license application and fees.
(1) Each
person applying for an initial home health agency license shall submit the
following to the department:
(A) A completed
application on forms provided by the department;
(B) one of following nonrefundable fees based
on the total unique patient and client count:
(i) $500.00 for each person that indicates on
the application that the person intends to provide home health services or HCBS
with a total unique patient and client count of less than 100;
(ii) $750.00 for each person that indicates
on the application that the person intends to provide home health services or
HCBS with a total unique patient and client count of 100 or more;
(iii) $250.00 for each person that indicates
on the application that the person intends to provide only supportive care
services with a total unique patient and client count of less than 100;
or
(iv) $500.00 for each person
that indicates on the application that the person intends to provide only
supportive care services with a total unique patient and client count of 100 or
more; and
(C) a copy of
the policies and procedures applicable to the home health agency as required by
K.A.R. 28-51-103, 28-51-104, 28-51-117, and 28-51-118.
(2) No person shall provide home health
services, HCBS, or supportive care services before the person is issued a
license.
(b) Annual
license renewal application and fees. Each licensee renewing a license shall
file the following at least 30 days before the expiration of the license:
(1) A completed renewal application on forms
provided by the department; and
(2)
one of the following fees based on the total unique patient and client count:
(A) $350.00 for each licensee that submits a
renewal application for a license to provide home health services or HCBS and
that indicates on the renewal application that the licensee had a total unique
patient and client count of less than 100;
(B) $600.00 for each licensee that submits a
renewal application for a license to provide home health services or HCBS and
that indicates on the renewal application that the licensee had a total unique
patient and client count of 100 or more;
(C) $100.00 for each licensee that submits a
renewal application for a license to provide only supportive care services and
that indicates on the renewal application that the licensee had a total unique
patient and client count of less than 100; or
(D) $350.00 for each licensee that submits a
renewal application for a license to provide only supportive care services and
that indicates on the renewal application that the licensee had a total unique
patient and client count of 100 or more.
(c) License issuance or renewal. A license
shall be issued or renewed if the following requirements are met:
(1) The applicant shall be in substantial
compliance with this article of the department's regulations.
(2) The applicant shall submit an acceptable
plan of correction for any deficiencies cited during an inspection.
(d) Terms of license.
(1) Each license shall remain in effect for
one year unless suspended or revoked by the department.
(2) Each home health agency shall offer only
the home health services, HCBS, or supportive care services specified on the
home health agency's initial application or renewal application.
(e) Change of administrator or
alternate administrator. Each licensee shall notify the department, in writing,
within five days following the effective date of a change of administrator or
alternate administrator. The notification shall include the name, address, and
qualifications of the new administrator or alternate administrator.
(f) Notifications. Each licensee shall notify
the department before establishing a new location of the parent office and
before changing the home health agency's telephone number.
(g) Change of address or name. Each licensee
shall notify the department, in writing, within five days following the change
of address or name of the home health agency. The home health agency shall
forward the previously issued license to the department with a request for an
amended license reflecting the new address or new name.
(h) Change of ownership. Each licensee
involved in a change of ownership shall comply with the provisions of
K.S.A.
65-5104, and amendments thereto. Each new
owner of a home health agency shall file an application for a license with the
department upon the effective date of the sale, transfer, or change in
corporate status. Any new owner may request a temporary operating permit to
allow continued operations of the home health agency for a limited period while
the owner is applying for a license.
(i) Inspections. The administrator or
alternate administrator shall provide all clinical records or client records
and all administrative records, including all complaints, meeting minutes,
quality assurance, and annual program review documents, to the department
surveyor within 30 minutes of a request from the surveyor. The time for
producing the documents may be extended at the secretary's discretion. The
licensee shall provide accurate and truthful information to the department
during inspections.
(j) Staffing.
If home health services are provided during after-hours, each licensee shall
establish a policy for staff coverage during after-hours, holidays, and
weekends, including a schedule for staff that are on-call.
(k) Closure.
(1) Each licensee shall notify the department
in writing at least 30 days before the permanent closure of the home health
agency. The notice shall include the reason for the closure, the date the home
health agency is closing, the location of active and inactive patient or client
records, and the name and address of the custodian of the records.
(2) If the home health agency closes, the
licensee shall make provision for the retention of clinical records or client
records.
(3) If the home health
agency closes with current patients or clients, the licensee shall notify each
patient or client, and any guardian of the patient or client, within 30 days
before the closure and develop an effective discharge or transfer plan in
coordination with the needs outlined in the patient's or client's plan of care.
The licensee shall transfer a copy of the client record or clinical record with
the client or patient to the receiving home health agency to ensure continuity
of home health services, HCBS, or supportive care services to the client or
patient.
(4) The licensee shall
mail the license to the department at the end of the day that home health
services, HCBS, or supportive care services are discontinued.
(5) A licensee shall not operate the home
health agency after the closing date provided to the department.
(l) In-operation status. Each
licensee shall maintain in-operation status to be eligible for license
renewal.
(m) Service area. Each
licensee shall provide home health services, HCBS, or supportive care services
only to patients or clients in the service area of the home health
agency.
(n) Service area
exceptions.
(1) Any licensee that provides
home health services may request an exception to the licensee's service area
restriction by applying for an exception on forms provided by the department,
which shall include the following:
(A) A
statement from the licensee that there is a need for a specific home health
service in an area outside the licensee's service area; and
(B) a statement from the licensee that the
geographic area where the specific home health service is to be provided is not
served by another home health agency that provides the specific home health
service.
(2) If an
exception is granted, the exception shall be effective for one year.
Authorized by
K.S.A.
65-5109; implementing
K.S.A.
65-5103,
65-5104,
65-5105, and 655106; effective,
T-86-23, July 1, 1985; effective May 1, 1986; amended Feb. 28, 1994; amended by
Kansas
Register Volume 41, No. 18; effective
5/20/2022.
