Kansas Statutes 39-931. Denial, suspension or revocation of license; emergency orders; settlement agreements; certain licensure limitations
Terms Used In Kansas Statutes 39-931
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Intermediate care facility for people with intellectual disability: means any place or facility operating 24 hours a day, seven days a week, caring for four or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments caused by intellectual disability or related conditions, need services to compensate for activities of daily living limitations. See Kansas Statutes 39-923
- Licensee: means any person or persons acting jointly or severally who are licensed by the secretary for aging and disability services pursuant to the adult care home licensure act, Kan. See Kansas Statutes 39-923
- Licensing agency: means the secretary for aging and disability services. See Kansas Statutes 39-923
- Medicaid program: means the Kansas program of medical assistance for which federal or state moneys, or any combination thereof, are expended, or any successor federal or state, or both, health insurance program or waiver granted thereunder. See Kansas Statutes 39-923
- Person: means any individual, firm, partnership, corporation, company, association or joint-stock association, and the legal successor thereof. See Kansas Statutes 39-923
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Whenever the licensing agency finds a substantial failure to comply with the requirements, standards or rules and regulations established under this act, the licensing agency shall make an order denying, suspending or revoking the license after notice and a hearing in accordance with the provisions of the Kansas administrative procedure act, Kan. Stat. Ann. § 77-501 et seq., and amendments thereto. Any applicant or licensee who is aggrieved by the order may appeal such order in accordance with the provisions of the Kansas judicial review act, Kan. Stat. Ann. § 77-601 et seq., and amendments thereto.
(b) Except as provided in subsection (c), whenever the licensing agency denies, suspends or revokes a license under this section, the applicant or licensee shall not be eligible to apply for a new license or reinstatement of a license for a period of two years from the date of denial, suspension or revocation, and whenever the district court appoints a receiver under Kan. Stat. Ann. § 39-958, and amendments thereto, the applicant or licensee that is under receivership shall not be eligible to apply for a new license or reinstatement of a license for a period of 10 years from the date the receivership action was terminated under Kan. Stat. Ann. § 39-963, and amendments thereto.
(c) (1) Any applicant or licensee issued an emergency order by the licensing agency denying, suspending or revoking a license under this section may apply for a new license or reinstatement of a license at any time upon submission of a written waiver of any right conferred upon such applicant or licensee under the Kansas administrative procedure act and the Kansas judicial review act to the licensing agency in a settlement agreement or other manner as approved by the licensing agency.
(2) Any licensee issued a notice of intent to take disciplinary action by the licensing agency under this section may enter into a settlement agreement or other manner as approved by the licensing agency, with the licensing agency, at any time upon submission of a written waiver of any right conferred upon such licensee under the Kansas administrative procedure act and the Kansas judicial review act.
(d) No person shall operate an intermediate care facility for people with intellectual disability, as defined in Kan. Stat. Ann. § 39-923, and amendments thereto, of five beds or less within this state unless such person:
(A) Is issued a license by the licensing agency on or before January 1, 2012; or
(B) participated in the medicaid program as an intermediate care facility for people with intellectual disability of five beds or less, on or before January 1, 2012.