65-5104.Issuance of license; grounds for suspensionor revocation; annualreport and annual fee; posting; not transferable orassignable; temporary operating permit; statistical reports; reciprocalagreements with bordering states.(a) The secretary shall review the applications and shall issue a licenseto applicants who have complied with the requirements of this act and havereceived approval of the secretary after a survey inspection.
(b) A license shallremain in effect unless suspended or revoked, when the following conditionshave been met:
(1) An annual report is filed uponsuch uniform dates and containing such information in such form as thesecretary prescribes and is accompanied by thepayment of an annual fee;
(2) the home health agency is in compliance with the requirementsestablished under the provisions of this act as evidenced by an on-sitesurvey conducted at least once every 36 months subsequent to anyprevioussurvey inspection; and
(3) the annual report is accompanied by a statement ofany changes in the information previously filed with the secretary under K.S.A.65-5103 and amendments thereto.
(c) If the annual report is not filed and the annual fee is not paid, suchlicense is automatically canceled. The annual feeshall be fixed by rules andregulations of the secretary. The license fee for renewal of a license ineffect immediately prior to the effective date of this act shall constitute theannual fee until an annual fee is established by the secretary under thissubsection.
(d) Each license shall be issued only for the home health agencylisted in the application and annual report. Licenses shall be posted in aconspicuous place in the main offices of the licensed home health agency.
(e) A license shall not be transferable or assignable. When ahome health agency is sold or ownership or management is transferred, or thecorporate legal organization status is substantially changed, the license ofthe agency shall be voided and a new license obtained. Application for a newlicense shall be made to the secretary in writing, at least 90 days prior tothe effective date of the sale, transfer or change in corporate status. Theapplication for a new license shall be on the same form, containing the sameinformation required for an original license, and shall be accompanied by thelicense fee. The secretary may issue a temporary operating permit for thecontinuation of the operation of the home health agency for a period of notmore than 90 days pending the survey inspection and the final disposition ofthe application. The secretary shall require all licensed home health agenciesto submit statistical reports. The content, format and frequency of suchreports shall be determined by the secretary.
(f) Notwithstanding the foregoing provisions of this section,the secretary may enter into reciprocal agreements with states bordering Kansaswhereby licenses may be granted, without an on-site survey and upon the filingof the prescribed application and payment of the prescribed fee, to home healthagencies duly licensed in a bordering state, so long as the secretary findsthat the requirements for licensure of the state from which the applicantapplies are substantially the same as those in Kansas and the applicant isrecommended favorably in writing by the licensing agency of the bordering statein which the applicant is licensed. If a bordering state does not license homehealth agencies or does not have licensing requirements substantially the sameas those in Kansas, home health agencies located in that state which dobusiness in Kansas shall meet all requirements of this act and shall operate inKansas from offices located in Kansas.
65-5104.Issuance of license; grounds for suspensionor revocation; annualreport and annual fee; posting; not transferable orassignable; temporary operating permit; statistical reports; reciprocalagreements with bordering states.(a) The secretary shall review the applications and shall issue a licenseto applicants who have complied with the requirements of this act and havereceived approval of the secretary after a survey inspection.
(b) A license shallremain in effect unless suspended or revoked, when the following conditionshave been met:
(1) An annual report is filed uponsuch uniform dates and containing such information in such form as thesecretary prescribes and is accompanied by thepayment of an annual fee;
(2) the home health agency is in compliance with the requirementsestablished under the provisions of this act as evidenced by an on-sitesurvey conducted at least once every 36 months subsequent to anyprevioussurvey inspection; and
(3) the annual report is accompanied by a statement ofany changes in the information previously filed with the secretary under K.S.A.65-5103 and amendments thereto.
(c) If the annual report is not filed and the annual fee is not paid, suchlicense is automatically canceled. The annual feeshall be fixed by rules andregulations of the secretary. The license fee for renewal of a license ineffect immediately prior to the effective date of this act shall constitute theannual fee until an annual fee is established by the secretary under thissubsection.
(d) Each license shall be issued only for the home health agencylisted in the application and annual report. Licenses shall be posted in aconspicuous place in the main offices of the licensed home health agency.
(e) A license shall not be transferable or assignable. When ahome health agency is sold or ownership or management is transferred, or thecorporate legal organization status is substantially changed, the license ofthe agency shall be voided and a new license obtained. Application for a newlicense shall be made to the secretary in writing, at least 90 days prior tothe effective date of the sale, transfer or change in corporate status. Theapplication for a new license shall be on the same form, containing the sameinformation required for an original license, and shall be accompanied by thelicense fee. The secretary may issue a temporary operating permit for thecontinuation of the operation of the home health agency for a period of notmore than 90 days pending the survey inspection and the final disposition ofthe application. The secretary shall require all licensed home health agenciesto submit statistical reports. The content, format and frequency of suchreports shall be determined by the secretary.
(f) Notwithstanding the foregoing provisions of this section,the secretary may enter into reciprocal agreements with states bordering Kansaswhereby licenses may be granted, without an on-site survey and upon the filingof the prescribed application and payment of the prescribed fee, to home healthagencies duly licensed in a bordering state, so long as the secretary findsthat the requirements for licensure of the state from which the applicantapplies are substantially the same as those in Kansas and the applicant isrecommended favorably in writing by the licensing agency of the bordering statein which the applicant is licensed. If a bordering state does not license homehealth agencies or does not have licensing requirements substantially the sameas those in Kansas, home health agencies located in that state which dobusiness in Kansas shall meet all requirements of this act and shall operate inKansas from offices located in Kansas.
65-5104.Issuance of license; grounds for suspensionor revocation; annualreport and annual fee; posting; not transferable orassignable; temporary operating permit; statistical reports; reciprocalagreements with bordering states.(a) The secretary shall review the applications and shall issue a licenseto applicants who have complied with the requirements of this act and havereceived approval of the secretary after a survey inspection.
(b) A license shallremain in effect unless suspended or revoked, when the following conditionshave been met:
(1) An annual report is filed uponsuch uniform dates and containing such information in such form as thesecretary prescribes and is accompanied by thepayment of an annual fee;
(2) the home health agency is in compliance with the requirementsestablished under the provisions of this act as evidenced by an on-sitesurvey conducted at least once every 36 months subsequent to anyprevioussurvey inspection; and
(3) the annual report is accompanied by a statement ofany changes in the information previously filed with the secretary under K.S.A.65-5103 and amendments thereto.
(c) If the annual report is not filed and the annual fee is not paid, suchlicense is automatically canceled. The annual feeshall be fixed by rules andregulations of the secretary. The license fee for renewal of a license ineffect immediately prior to the effective date of this act shall constitute theannual fee until an annual fee is established by the secretary under thissubsection.
(d) Each license shall be issued only for the home health agencylisted in the application and annual report. Licenses shall be posted in aconspicuous place in the main offices of the licensed home health agency.
(e) A license shall not be transferable or assignable. When ahome health agency is sold or ownership or management is transferred, or thecorporate legal organization status is substantially changed, the license ofthe agency shall be voided and a new license obtained. Application for a newlicense shall be made to the secretary in writing, at least 90 days prior tothe effective date of the sale, transfer or change in corporate status. Theapplication for a new license shall be on the same form, containing the sameinformation required for an original license, and shall be accompanied by thelicense fee. The secretary may issue a temporary operating permit for thecontinuation of the operation of the home health agency for a period of notmore than 90 days pending the survey inspection and the final disposition ofthe application. The secretary shall require all licensed home health agenciesto submit statistical reports. The content, format and frequency of suchreports shall be determined by the secretary.
(f) Notwithstanding the foregoing provisions of this section,the secretary may enter into reciprocal agreements with states bordering Kansaswhereby licenses may be granted, without an on-site survey and upon the filingof the prescribed application and payment of the prescribed fee, to home healthagencies duly licensed in a bordering state, so long as the secretary findsthat the requirements for licensure of the state from which the applicantapplies are substantially the same as those in Kansas and the applicant isrecommended favorably in writing by the licensing agency of the bordering statein which the applicant is licensed. If a bordering state does not license homehealth agencies or does not have licensing requirements substantially the sameas those in Kansas, home health agencies located in that state which dobusiness in Kansas shall meet all requirements of this act and shall operate inKansas from offices located in Kansas.
