Current through Register Vol. 43, No. 39, September 26, 2024
(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
(C) at least five years
of experience delivering direct care services to persons;
(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.
(c) For a
limited license, each applicant shall provide the following:
(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.
