Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1807.Failure of community service provider to comply withrequirements, standards or laws; inspection and review of operations bysecretary; mediation; written plan of correction; civil penalties; emergencyorders.Whenever the secretary findsa community service provider has failed to comply withthe requirements, standards or rules and regulations established pursuant tothis act or any other provision of law, the secretary shall have the power toinspect and review the operations of the communityservice provider and identify deficiencies.The secretary and such community service provider shall choose an independententity to mediate any dispute regarding the secretary's finding that suchcommunity service provider has failed to comply with such requirements,standards or rules and regulations and the secretary's identified deficiencies.If such mediation is not able to resolve any such dispute and the secretaryfinds that the community service provider has still failed to comply with suchrequirements, standards or rules and regulations, the secretary shallrequire a written plan ofcorrection. If, after notice and an opportunity for hearing pursuant to theKansas administrative procedure act, the secretary finds the community serviceprovider has failed to carry out the plan of correction within 30 days of thesubmission of the plan of correction, the secretary may assess a civil penaltyin an amount not to exceed $125 per day for each day the provider has failed tocarry out the plan of correction. The secretary may extend the time in whichthe provider has to comply with the plan of correction for good cause.The secretary may require the community service provider to maintain consumersin place until alternative community services can be secured with reasonablecompensation for actual costs and to remove the designation as communityservice provider, except that in the event the secretary makes writtenfindings of fact that there appears to be a situation involving imminent dangerto the health, safety or welfare of the person with a developmental disabilityunless immediate action is taken, the secretary may issue an emergencyorder. Such emergency order shall be subject to the same proceduresunder K.S.A. 77-536 and amendments thereto. Upon entry of such an emergencyorder, thesecretary shall promptly notify the community service provider subject to theorder: (1) The content of the order; (2) the reasons therefor; and (3) thatupon written request within 15 days after service of the order, the matter willbe set for a hearing which shall be conducted in accordance with the provisionsof the Kansas administrative procedure act. If no hearing is requested and noneis ordered by the secretary, the order will remain in effect until it ismodified or vacated by the secretary. If a hearing is requested or ordered, thesecretary, after notice of and opportunityfor hearing to the community service provider subject to the order, bywritten findings of fact and conclusions of law, shall vacate, modify or makepermanent the order.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1807.Failure of community service provider to comply withrequirements, standards or laws; inspection and review of operations bysecretary; mediation; written plan of correction; civil penalties; emergencyorders.Whenever the secretary findsa community service provider has failed to comply withthe requirements, standards or rules and regulations established pursuant tothis act or any other provision of law, the secretary shall have the power toinspect and review the operations of the communityservice provider and identify deficiencies.The secretary and such community service provider shall choose an independententity to mediate any dispute regarding the secretary's finding that suchcommunity service provider has failed to comply with such requirements,standards or rules and regulations and the secretary's identified deficiencies.If such mediation is not able to resolve any such dispute and the secretaryfinds that the community service provider has still failed to comply with suchrequirements, standards or rules and regulations, the secretary shallrequire a written plan ofcorrection. If, after notice and an opportunity for hearing pursuant to theKansas administrative procedure act, the secretary finds the community serviceprovider has failed to carry out the plan of correction within 30 days of thesubmission of the plan of correction, the secretary may assess a civil penaltyin an amount not to exceed $125 per day for each day the provider has failed tocarry out the plan of correction. The secretary may extend the time in whichthe provider has to comply with the plan of correction for good cause.The secretary may require the community service provider to maintain consumersin place until alternative community services can be secured with reasonablecompensation for actual costs and to remove the designation as communityservice provider, except that in the event the secretary makes writtenfindings of fact that there appears to be a situation involving imminent dangerto the health, safety or welfare of the person with a developmental disabilityunless immediate action is taken, the secretary may issue an emergencyorder. Such emergency order shall be subject to the same proceduresunder K.S.A. 77-536 and amendments thereto. Upon entry of such an emergencyorder, thesecretary shall promptly notify the community service provider subject to theorder: (1) The content of the order; (2) the reasons therefor; and (3) thatupon written request within 15 days after service of the order, the matter willbe set for a hearing which shall be conducted in accordance with the provisionsof the Kansas administrative procedure act. If no hearing is requested and noneis ordered by the secretary, the order will remain in effect until it ismodified or vacated by the secretary. If a hearing is requested or ordered, thesecretary, after notice of and opportunityfor hearing to the community service provider subject to the order, bywritten findings of fact and conclusions of law, shall vacate, modify or makepermanent the order.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1807.Failure of community service provider to comply withrequirements, standards or laws; inspection and review of operations bysecretary; mediation; written plan of correction; civil penalties; emergencyorders.Whenever the secretary findsa community service provider has failed to comply withthe requirements, standards or rules and regulations established pursuant tothis act or any other provision of law, the secretary shall have the power toinspect and review the operations of the communityservice provider and identify deficiencies.The secretary and such community service provider shall choose an independententity to mediate any dispute regarding the secretary's finding that suchcommunity service provider has failed to comply with such requirements,standards or rules and regulations and the secretary's identified deficiencies.If such mediation is not able to resolve any such dispute and the secretaryfinds that the community service provider has still failed to comply with suchrequirements, standards or rules and regulations, the secretary shallrequire a written plan ofcorrection. If, after notice and an opportunity for hearing pursuant to theKansas administrative procedure act, the secretary finds the community serviceprovider has failed to carry out the plan of correction within 30 days of thesubmission of the plan of correction, the secretary may assess a civil penaltyin an amount not to exceed $125 per day for each day the provider has failed tocarry out the plan of correction. The secretary may extend the time in whichthe provider has to comply with the plan of correction for good cause.The secretary may require the community service provider to maintain consumersin place until alternative community services can be secured with reasonablecompensation for actual costs and to remove the designation as communityservice provider, except that in the event the secretary makes writtenfindings of fact that there appears to be a situation involving imminent dangerto the health, safety or welfare of the person with a developmental disabilityunless immediate action is taken, the secretary may issue an emergencyorder. Such emergency order shall be subject to the same proceduresunder K.S.A. 77-536 and amendments thereto. Upon entry of such an emergencyorder, thesecretary shall promptly notify the community service provider subject to theorder: (1) The content of the order; (2) the reasons therefor; and (3) thatupon written request within 15 days after service of the order, the matter willbe set for a hearing which shall be conducted in accordance with the provisionsof the Kansas administrative procedure act. If no hearing is requested and noneis ordered by the secretary, the order will remain in effect until it ismodified or vacated by the secretary. If a hearing is requested or ordered, thesecretary, after notice of and opportunityfor hearing to the community service provider subject to the order, bywritten findings of fact and conclusions of law, shall vacate, modify or makepermanent the order.
