Kansas Statutes 65-5102. Home health agencies required to be licensed; temporary license; penalty for violation
Terms Used In Kansas Statutes 65-5102
- Attendant care services: means basic and ancillary services provided under home and community based services waiver programs;
(b) "council" means the home health services advisory council created by this act;
(c) "home health agency" means a public or private agency or organization or a subdivision or subunit of such agency or organization that provides for a fee one or more home health services, supportive care services or attendant care services provided under home and community based services waiver programs at the residence of a patient but does not include local health departments which are not federally certified home health agencies, durable medical equipment companies which provide home health services by use of specialized equipment, independent living agencies, the Kansas department for aging and disability services and the department of health and environment;
(d) "home health services" means any of the following services provided at the current residence of the patient on a full-time, part-time or intermittent basis: Nursing, physical therapy, speech therapy, nutritional or dietetic consulting, occupational therapy, respiratory therapy, home health aide or medical social service;
(e) "home health aide" means an employee of a home health agency who is a certified nurse aide, is in good standing on the public nurse aide registry maintained by the Kansas department for aging and disability services and has completed a 20-hour home health aide course approved by the Kansas department for aging and disability services who assists, under registered nurse supervision, in the provision of home health services and who provides assigned health care to patients but shall not include employees of a home health agency providing only supportive care services or attendant care services;
(f) "independent living agency" means a public or private agency or organization or a subunit of such agency or organization whose primary function is to provide at least four independent living services, including independent living skills training, advocacy, peer counseling and information and referral as defined by the rehabilitation act of 1973, title VII, part B, and such agency shall be recognized by the secretary for aging and disability services as an independent living agency. See Kansas Statutes 65-5101
Any agency, including medicare and medicaid providers, that provides one or more of the home health services, supportive care services or attendant care services specified in Kan. Stat. Ann. § 65-5101, and amendments thereto, or that holds itself out as providing one or more of such services, or as a home health agency shall be licensed in accordance with the provisions of this act. Any agency found to be providing services meeting the definition of a home health agency without a license shall be notified of the agency’s need to become licensed. The agency shall be offered a 60-day temporary license to continue operating during the pendency of an application for licensure. If the agency fails to obtain licensure within 30 calendar days, the secretary for aging and disability services shall assess a fine on the agency in accordance with this act. The secretary shall not grant a temporary license to any unlicensed agency that is providing services in a way that presents imminent harm to the public.