Current through Register Vol. 43, No. 39, September 26, 2024
(a) At any time
deemed necessary by the commissioner, a licensed provider may be reviewed by
the commission to ensure continuing compliance with the requirements of this
article.
(b) If a finding
indicates that the licensed provider is not in compliance, the provider shall
be given by the commissioner a written copy of the finding setting out each
specific deficiency and a notice of the provider's right to seek mediation of
any dispute regarding the finding.
(c) If the provider disagrees with any
finding made by the commission, the provider may request mediation, in writing,
within 14 days of receipt of the finding. An independent entity shall be
selected by the commissioner and the provider to serve as the mediator, unless
the parties are not able to agree upon a mediator, in which case an independent
mediator shall be designated by the secretary. The mediator shall assist the
parties in attempting to come to an agreement on the following:
(1) The nature and extent of any
noncompliance;
(2) any course of
corrective actions necessary to bring the provider into compliance; and
(3) a time limit within which the
provider shall have to come into compliance.
(d)
(1)
Written notice may be issued by the commissioner to the provider of a
determination of noncompliance under any of the following circumstances.
(A) The provider does not request mediation.
(B) Mediation does not resolve the
issues.
(C) The commission finds
that the provider has not complied with the requirements of this article by the
deadline established in a mediated agreement or a deadline that has been
extended by the commissioner for good cause.
(2) If the commissioner issues written notice
to the provider of a determination of noncompliance in accordance with
paragraph (d)(1), a written plan of correction from the provider shall be
required by the commissioner, to be submitted within 14 days of receipt of the
notice.
(3) If the commissioner
determines that the provider has failed to satisfactorily comply with the plan
of correction within 30 days of the date of the plan, or within a deadline that
has been extended by the commissioner for good cause, any or all of the
following enforcement actions may be imposed:
(A) Civil penalties in an amount not to
exceed $125.00 per day for each violation from the date specified by the
commissioner within the notice until the provider comes into compliance. The
date specified by the commissioner may be any date from or after 45 days
following the date of the commissioner's notice requiring a plan of correction;
(B) an order that the provider
shall cease providing specified services and shall make all necessary
arrangements to have any person or persons then receiving services transferred
to another provider. The order may include provisions requiring the provider to
continue the provision of those or other services until the transfer can be
accomplished. The order shall remain in effect until the provider comes into
compliance;
(C) suspension or
revocation of the provider's license as provided for in K.A.R. 30-63-14.
(e) A
provider may appeal any enforcement action taken to the administrative appeals
section pursuant to article seven of these regulations.
(f) If the commission additionally finds that
the provider's noncompliance creates a situation of imminent danger to the
health, safety, or welfare of any person or persons, an emergency order may be
issued by the commissioner, making any provisions that the commissioner deems
necessary for the immediate protection of the health, safety, or welfare of the
person or persons. Written notice of any emergency order shall be given to the
provider and shall specify the following:
(1)
The actions that the provider shall take;
(2) the reason the commissioner has
determined an emergency order is needed; and
(3) notice that the provider will be given an
emergency hearing regarding the emergency order by the administrative appeals
section pursuant to article seven of these regulations if the provider makes a
written request for a hearing within 15 days after receiving the order.
(g) This regulation
shall take effect on and after October 1, 1998.
