Kansas: Overview of Assisted Living Licensing

What types of facilities provide assisted living services for seniors in Kansas?

In the state of Kansas there are several types of facilities that provide care for adults. Facilities specifically providing assisted living services for the elderly are called adult care homes. The term adult care home includes facilities such as nursing facilities, adult day care facilities or assisted living facilities. However, facilities that specifically provide assisted living services are classified as assisted living facilities and residential health care facilities.

  • Assisted Living Facilities are facilities that care for six or more individuals who are unrelated to the administrator or operator as per Kansas Statutes Annotated (KSA) 39-923(5). These facilities provide apartments, along with services that include personal care or supervised nursing care, to support independence. A resident may receive skilled nursing services if the care is provided on an intermittent or limited term basis or on a regular basis if limited in scope.
  • Residential Health Care Facilities are similar to assisted living facilities because they provide personal or supervised nursing care to six or more individuals as per 39-923(6). However, the level of nursing care is higher at these facilities, as their residents can receive supervised nursing care to support the activities of daily living.
  • In contrast, a Boarding Care Home can serve up to 10 individuals who need supervision with activities of daily living but are ambulatory and capable of managing their own care and affairs as per 39-923(8).
  • A Home Plus facility can care for up to 12 individuals who, because they are unable to carry out activities of daily living, require personal care and may need supervised nursing care. If the staff care for residents with dementia, they are required to take annual dementia care training as per 39-923(7).

Who licenses Assisted Living and Residential Health Care Facilities in Kansas?

The certification and survey of adult care homes is the responsibility of the Survey, Certification & Credentialing Commission within the Kansas Department of Aging and Disability Services.

Following approval of the Survey & Certification Commission and the State Fire Marshal, a license is issued if the applicant is fit and qualified as per 39-928.

  • A provisional license is issued, provided it is approved by the state fire marshal, if the facility is temporarily unable to conform to the regulations required by law as per 39-929. This license is issued for no more than six months.

Facilities are required to post their license in a conspicuous place within the adult care home as per 39-928.

What is required to obtain an Assisted Living and Residential Health Care Facilities license?

In the license application, the licensee is required to provide the name of the administrator, the names of the Surety Bond Insurance Company and Professional Liability Insurance Company, and the name of the management firm or other entities involved in the operation or management of the facility.

How do I know an Assisted Living and Residential Health Care Facilities is licensed in Kansas?

There is a comprehensive online Adult Care Home provider directory available on the Survey, Certification & Credentialing Commission website. However, at this time the directory is not available.

How frequently is an Assisted Living and Residential Health Care Facilities inspected?

Facilities are inspected prior to being licensed, and then the facilities may be subject to an unannounced inspection at least once within 15 months of any previous inspection. Statute 39-935(b) states that the “statewide average interval between inspections shall not exceed 12 months.”

  • A notice regarding the availability of the most recent inspection report and related documents  in the office of the administrator must be posted in a conspicuous place as per 39-935(c).

Where can I find the inspection reports of an Assisted Living and Residential Health Care Facilities?

The Survey, Certification & Credentialing Commission provides a list of adult care homes that have had zero deficiency surveys and exemplary surveys for 2013 and 2014.

How long is an Assisted Living and Residential Health Care Facility required to retain their copy of the inspection reports?

Facilities are required to retain the most recent inspection survey until it is has been superseded by another inspection survey.

How can I file a complaint against Assisted Living and Residential Health Care Facility and what is the complaint process?

To file a complaint, you can call the Department of Aging and Disability Services at 1-800-842-0078 during business hours, and after-hour complaints can be emailed to [email protected].

The Survey, Certification and Credentialing Commission is responsible for investigating complaints, and if the complaint is within their jurisdiction, the complaint is triaged to determine how quickly it will be investigated. A Health Facility Surveyor will conduct an unannounced complaint survey and issue an outcome letter to the complainant as to whether the complaint is substantiated and whether the facility was found in compliance with state regulation.

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