Kansas Administrative Regulations
Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
Article 63 - DEVELOPMENTAL DISABILITIES-LICENSING PROVIDERS OF COMMUNITY SERVICES
Section 30-63-10 - License required; exceptions
Universal Citation: KS Admin Regs 30-63-10
Current through Register Vol. 43, No. 39, September 26, 2024
(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 provider previously licensed pursuant to this article shall void that license and shall require a reapplication for licensure.
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