As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2989
By Committee on Appropriations
2-24
10
AN ACT concerning adult care homes; amending K.S.A.
1997 Supp.
11 39-923 and repealing
the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 39-923 is hereby amended to read as
15 follows: 39-923. (a) As used in this
act:
16 (1) ``Adult care home''
means any nursing facility, nursing facility for
17 mental health, intermediate care facility
for the mentally retarded, as-
18 sisted living facility, residential health
care facility, home plus, boarding
19 care home and adult day care facility, all
of which classifications of adult
20 care homes are required to be licensed by
the secretary of health and
21 environment.
22 (2) ``Nursing facility''
means any place or facility operating 24 hours
23 a day, seven days a week, caring for six or
more individuals not related
24 within the third degree of relationship to
the administrator or owner by
25 blood or marriage and who, due to
functional impairments, need skilled
26 nursing care to compensate for activities
of daily living limitations.
27 (3) ``Nursing facility
for mental health'' means any place or facility
28 operating 24 hours a day, seven days a week
caring for six or more indi-
29 viduals not related within the third degree
of relationship to the admin-
30 istrator or owner by blood or marriage and
who, due to functional im-
31 pairments, need skilled nursing care and
special mental health services
32 to compensate for activities of daily
living limitations.
33 (4) ``Intermediate care
facility for the mentally retarded'' means any
34 place or facility operating 24 hours a day,
seven days a week caring for
35 six or more individuals not related within
the third degree of relationship
36 to the administrator or owner by blood or
marriage and who, due to
37 functional impairments caused by mental
retardation or related condi-
38 tions need services to compensate for
activities of daily living limitations.
39 (5) ``Assisted living
facility'' means any place or facility caring for six
40 or more individuals not related within the
third degree of relationship to
41 the administrator, operator or owner by
blood or marriage and who, by
42 choice or due to functional impairments,
may need personal care and
43 may need supervised nursing care to
compensate for activities of daily
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1 living limitations and in which the
place or facility includes apartments
2 for residents and provides or
coordinates a range of services including
3 personal care or supervised nursing
care available 24 hours a day, seven
4 days a week for the support of
resident independence. The provision of
5 skilled nursing procedures to a
resident in an assisted living facility is not
6 prohibited by this act. Generally,
the skilled services provided in an as-
7 sisted living facility shall be
provided on an intermittent or limited term
8 basis, or if limited in scope, a
regular basis.
9 (6) ``Residential
health care facility'' means any place or facility, or a
10 contiguous portion of a place or
facility, caring for six or more individuals
11 not related within the third degree or
relationship to the administrator,
12 operator or owner by blood or marriage and
who, by choice or due to
13 functional impairments, may need personal
care and may need supervised
14 nursing care to compensate for activities
of daily living limitations and in
15 which the place or facility includes
individual living units and provides or
16 coordinates personal care or supervised
nursing care available on a 24-
17 hour, seven-day-a-week basis for the
support of resident independence.
18 The provision of skilled nursing procedures
to a resident in a residential
19 health care facility is not prohibited by
this act. Generally, the skilled
20 services provided in a residential health
care facility shall be provided on
21 an intermittent or limited term basis, or
if limited in scope, a regular
22 basis.
23 (7) ``Home plus'' means
any residence or facility caring for not more
24 than five individuals not related within
the third degree of relationship to
25 the operator or owner by blood or marriage
unless the resident in need
26 of care is approved for placement by the
secretary of the department of
27 social and rehabilitation services, and
who, due to functional impairment,
28 needs personal care and may need supervised
nursing care to compensate
29 for activities of daily living limitations.
The level of care provided residents
30 shall be determined by preparation of the
operator and rules and regu-
31 lations developed by the department of
health and environment.
32 (8) ``Boarding care
home'' means any place or facility operating 24
33 hours a day, seven days a week, caring for
not more than 10 individuals
34 not related within the third degree of
relationship to the operator or
35 owner by blood or marriage and who, due to
functional impairment, need
36 supervision of activities of daily living
but who are ambulatory and essen-
37 tially capable of managing their own care
and affairs.
38 (9) ``Adult day care''
means any place or facility operating less than
39 24 hours a day caring for individuals not
related within the third degree
40 of relationship to the operator or owner by
blood or marriage and who,
41 due to functional impairment need
supervision of or assistance with ac-
42 tivities of daily living.
43 (10) ``Place or
facility'' means a building or any one or more complete
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1 floors of a building, or any one or
more complete wings of a building, or
2 any one or more complete wings and
one or more complete floors of a
3 building, and the term ``place or
facility'' may include multiple buildings.
4 (11) ``Skilled
nursing care'' means services performed by or under the
5 immediate supervision of a registered
professional nurse and additional
6 licensed nursing personnel. Skilled
nursing includes administration of
7 medications and treatments as
prescribed by a licensed physician or den-
8 tist; and other nursing functions
which require substantial nursing judg-
9 ment and skill based on the knowledge
and application of scientific prin-
10 ciples.
11 (12) ``Supervised
nursing care'' means services provided by or under
12 the guidance of a licensed nurse with
initial direction for nursing proce-
13 dures and periodic inspection of the actual
act of accomplishing the pro-
14 cedures; administration of medications and
treatments as prescribed by
15 a licensed physician or dentist and
assistance of residents with the per-
16 formance of activities of daily living.
17 (13) ``Resident'' means
all individuals kept, cared for, treated,
18 boarded or otherwise accommodated in any
adult care home.
19 (14) ``Person'' means
any individual, firm, partnership, corporation,
20 company, association or joint-stock
association, and the legal successor
21 thereof.
22 (15) ``Operate an adult
care home'' means to own, lease, establish,
23 maintain, conduct the affairs of or manage
an adult care home, except
24 that for the purposes of this definition
the word ``own'' and the word
25 ``lease'' shall not include hospital
districts, cities and counties which hold
26 title to an adult care home purchased or
constructed through the sale of
27 bonds.
28 (16) ``Licensing
agency'' means the secretary of health and environ-
29 ment.
30 (17) ``Skilled nursing
home'' means a nursing facility.
31 (18) ``Intermediate
nursing care home'' means a nursing facility.
32 (19) ``Apartment'' means
a private unit which includes, but is not
33 limited to, a toilet room with bathing
facilities, a kitchen, sleeping, living
34 and storage area and a lockable door.
35 (20) ``Individual living
unit'' means a private unit which includes, but
36 is not limited to, a toilet room with
bathing facilities, sleeping, living and
37 storage area and a lockable door.
38 (21) ``Operator'' means
an individual who operates an assisted living
39 facility or residential health care
facility with fewer than 61 residents, a
40 home plus or adult day care facility and
has completed a course approved
41 by the secretary of health and environment
on principles of assisted living
42 and has successfully passed an examination
approved by the licensing
43 agency on principles of assisted living and
such other requirements as
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1 may be established by the licensing
agency by rules and regulations.
2 (22) ``Activities
of daily living'' means those personal, functional ac-
3 tivities required by an individual
for continued well-being, including but
4 not limited to eating, nutrition,
dressing, personal hygiene, mobility, to-
5 ileting.
6 (23) ``Personal
care'' means care provided by staff to assist an indi-
7 vidual with, or to perform activities
of daily living.
8 (24) ``Functional
impairment'' means an individual has experienced
9 a decline in physical, mental and
psychosocial well-being and as a result,
10 is unable to compensate for the effects of
the decline.
11 (25) ``Kitchen'' means a
food preparation area that includes a sink,
12 refrigerator and a microwave oven or
stove.
13 (26) The term
``intermediate personal care home'' for purposes of
14 those individuals applying for or receiving
veterans' benefits means resi-
15 dential health care facility.
16 (b) The term ``adult
care home'' shall not include institutions oper-
17 ated by federal or state governments,
except institutions operated by the
18 Kansas commission on veterans affairs,
hospitals or institutions for the
19 treatment and care of psychiatric patients,
child care facilities, maternity
20 centers, hotels, offices of physicians or
hospices which are certified to
21 participate in the medicare program under
42 code of federal regulations,
22 chapter IV, section 418.1 et seq.
and amendments thereto and which
23 provide services only to hospice
patients.
24 (c) Facilities licensed
under K.S.A. 39-1501 et seq. and amendments
25 thereto or K.S.A. 75-3307b and amendments
thereto or K.S.A. 39-923 as
26 an intermediate personal care home or with
license applications on file
27 with the licensing agency as intermediate
personal care homes on or be-
28 fore January 1, 1995, shall have the option
of becoming licensed as either
29 an assisted living facility or a
residential health care facility without being
30 required to add kitchens or private
baths.
31 (d) Nursing facilities
in existence on the effective date of this act
32 changing licensure categories to become
residential health care facilities
33 shall be required to provide private
bathing facilities in a minimum of
34 20% of the individual living units.
35 (e) Facilities licensed
under the adult care home licensure act on the
36 day immediately preceding the effective
date of this act shall continue to
37 be licensed facilities until the annual
renewal date of such license and
38 may renew such license in the appropriate
licensure category under the
39 adult care home licensure act subject to
the payment of fees and other
40 conditions and limitations of such act.
41 (f) Nursing
facilities with less than 60 beds converting a portion of
42 the facility to residential health care
shall have the option of licensing to
43 care for less than six individuals
but not less than 10% of the total bed
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1 count within a contiguous
portion of the facility.
2 (f)
(g) The licensing agency may by rule and regulation
change the
3 name of the different classes of
homes when necessary to avoid confusion
4 in terminology and the agency may
further amend, substitute, change and
5 in a manner consistent with the
definitions established in this section,
6 further define and identify the
specific acts and services which shall fall
7 within the respective categories of
facilities so long as the above categories
8 for adult care homes are used as
guidelines to define and identify the
9 specific acts.
10 Sec. 2. K.S.A. 1997
Supp. 39-923 is hereby repealed.
11 Sec. 3. This act
shall take effect and be in force from and after its
12 publication in the statute book.
13