Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS
Section 30-60-16 - No denial of required services; exceptions; requirements; rights, documentation
Universal Citation: KS Admin Regs 30-60-16
Current through Register Vol. 43, No. 39, September 26, 2024
(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.
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