State Codes and Statutes

Statutes > Kansas > Chapter39 > Article9 > Statutes_16665

39-923

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES

      39-923.   Definitions.(a) As used in this act:

      (1)   "Adult care home" means any nursing facility, nursing facility for mentalhealth, intermediate care facility for the mentally retarded, assisted livingfacility, residential health care facility, home plus, boarding care home andadult day care facility, all of which classifications of adult care homes arerequired to be licensed by the secretary ofaging.

      (2)   "Nursing facility" means any place or facility operating 24 hours a day,seven days a week, caring for six or more individuals not related within thethird degree of relationship to the administrator or owner by blood or marriageand who, due to functional impairments, need skilled nursing care to compensatefor activities of daily living limitations.

      (3)   "Nursing facility for mental health" means any place or facilityoperating 24 hours a day, seven days a week caring for six or more individualsnot related within the third degree of relationship to the administrator orowner by blood or marriage and who, due to functional impairments, need skillednursing care and special mental health services to compensate for activitiesof daily living limitations.

      (4)   "Intermediate care facility for the mentally retarded" means any placeor facility operating 24 hours a day, seven days a week caring for six ormore individuals not related within the third degree of relationship to theadministrator or owner by blood or marriage and who, due to functionalimpairments caused by mental retardation or related conditions need services tocompensate for activities of daily living limitations.

      (5)   "Assisted living facility" means any place or facility caring for sixor more individuals not related within the third degree of relationship to theadministrator, operator or owner by blood or marriage and who, by choice or dueto functional impairments, may need personal care and may need supervisednursing care to compensate for activities of daily living limitations and inwhich the place or facility includes apartments for residents and provides orcoordinates a range of services including personal care or supervised nursingcare available 24 hours a day, seven days a week for the support of residentindependence. The provision of skilled nursing procedures to a resident in anassisted living facility is not prohibited by this act. Generally, the skilledservices provided in an assisted living facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (6)   "Residential health care facility" means any place or facility, or acontiguous portion of a place or facility, caring for six or more individualsnot related within the third degree of relationship to theadministrator,operator or owner by blood or marriage and who, by choice or due tofunctional impairments, may need personal care and may need supervised nursingcare to compensate for activities of daily living limitations and in which theplace or facility includes individual living units and provides or coordinatespersonal care or supervised nursing care available on a 24-hour,seven-day-a-week basis for the support of resident independence. The provisionof skilled nursing procedures to a resident in a residential health carefacility is not prohibited by this act. Generally, the skilled servicesprovided in a residential health care facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (7)   "Home plus" means any residence or facility caring for not more thaneight individuals not related within the third degree of relationship to theoperator or owner by blood or marriage unless the resident in need of care isapproved for placement by the secretary of the department of social andrehabilitation services, and who, due to functional impairment, needs personalcare and may need supervised nursing care to compensate for activities of dailyliving limitations. The level of care provided residents shall be determined bypreparation of the staff and rules and regulations developed by the departmenton aging. An adult care home mayconvert a portion of one wing of the facility to a not less than five-bed andnot more than eight-bed home plus facility provided that the home plus facilityremains separate from the adult care home, and each facility must remaincontiguous.

      (8)   "Boarding care home" means any place or facility operating 24 hours aday, seven days a week, caring for not more than 10 individuals not relatedwithin the third degree of relationship to the operator or owner by blood ormarriage and who, due to functional impairment, need supervision of activitiesof daily living but who are ambulatory and essentially capable of managingtheir own care and affairs.

      (9)   "Adult day care" means any place or facility operating less than 24 hoursa day caring for individuals not related within the third degree ofrelationship to the operator or owner by blood or marriage and who, due tofunctional impairment need supervision of or assistance with activities ofdaily living.

      (10)   "Place or facility" means a building or any one or more complete floorsof a building, or any one or more complete wings of a building, or any one ormore complete wings and one or more complete floors of a building, and the term"place or facility" may include multiple buildings.

      (11)   "Skilled nursing care" means services performed by or under theimmediate supervision of a registered professional nurse and additionallicensed nursing personnel. Skilled nursing includes administration ofmedications and treatments as prescribed by a licensed physician or dentist;and other nursing functions which require substantial nursing judgment andskill based on the knowledge and application of scientific principles.

      (12)   "Supervised nursing care" means services provided by or under theguidance of a licensed nurse with initial direction for nursing procedures andperiodic inspection of the actual act of accomplishing the procedures;administration of medications and treatments as prescribed by a licensedphysician or dentist and assistance of residents with the performance ofactivities of daily living.

      (13)   "Resident" means all individuals kept, cared for, treated, boarded orotherwise accommodated in any adult care home.

      (14)   "Person" means any individual, firm, partnership, corporation, company,association or joint-stock association, and the legal successor thereof.

      (15)   "Operate an adult care home" means to own, lease, establish, maintain,conduct the affairs of or manage an adult care home, except that for thepurposes of this definition the word "own" and the word "lease" shall notinclude hospital districts, cities and counties which hold title to an adultcare home purchased or constructed through the sale of bonds.

      (16)   "Licensing agency" means the secretary ofaging.

      (17)   "Skilled nursing home" means a nursing facility.

      (18)   "Intermediate nursing care home" means a nursing facility.

      (19)   "Apartment" means a private unit which includes, but is not limitedto, a toilet room with bathing facilities, a kitchen, sleeping, living andstorage area and a lockable door.

      (20)   "Individual living unit" means a private unit which includes, but isnot limited to, a toilet room with bathing facilities, sleeping, living andstorage area and a lockable door.

      (21)   "Operator" means an individual who operates an assisted living facilityor residential health care facility with fewer than 61 residents, a home plusor adult day care facility and has completed a course approved by the secretaryof health and environment on principles of assisted livingand has successfullypassed an examination approved by the secretary ofhealth and environment on principles of assisted living and such otherrequirements as may be established by the secretaryof health and environment by rules and regulations.

      (22)   "Activities of daily living" means those personal, functional activitiesrequired by an individual for continued well-being, including but not limitedto eating, nutrition, dressing, personal hygiene, mobility, toileting.

      (23)   "Personal care" means care provided by staff to assist an individualwith, or to perform activities of daily living.

      (24)   "Functional impairment" means an individual has experienced a declinein physical, mental and psychosocial well-being and as a result, is unable tocompensate for the effects of the decline.

      (25)   "Kitchen" means a food preparation area that includes a sink,refrigerator and a microwave oven or stove.

      (26)   The term "intermediate personal care home" for purposes of thoseindividuals applying for or receiving veterans' benefits means residentialhealth care facility.

      (27)   "Paid nutrition assistant" means an individual who is paid to feedresidents of an adult care home, or who is used under an arrangement withanother agency or organization, who is trained by a person meeting nurse aideinstructor qualifications as prescribed by 42 C.F.R. 483.152, 42 C.F.R. 483.160and paragraph (h) of 42 C.F.R. 483.35, in effect on October 27, 2003, and whoprovides such assistance under the supervision of a registered professional orlicensed practical nurse.

      (b)   The term "adult care home" shall not include institutions operated byfederal or state governments, except institutions operated by the Kansascommission on veterans affairs, hospitals or institutions for the treatment andcare of psychiatric patients, child care facilities, maternity centers, hotels,offices of physicians or hospices which are certified to participate in themedicare program under 42 code of federal regulations, chapter IV, section418.1 et seq. and amendments thereto and which provide services onlyto hospice patients.

      (c)   Nursing facilities in existence on the effective dateof this act changing licensure categories to become residential health carefacilities shall be required to provide private bathing facilities in a minimumof 20% of the individual living units.

      (d)   Facilities licensed under the adult care home licensureact on the day immediately preceding the effective date of this act shallcontinue to be licensed facilities until the annual renewal date of suchlicense and may renew such license in the appropriate licensure category underthe adult care home licensure act subject to the payment of fees and otherconditions and limitations of such act.

      (e)   Nursing facilities with less than 60 beds converting aportion of the facility to residential health care shall have the option oflicensing for residential health care for less than six individuals but notless than 10% of the total bed count within a contiguous portion of thefacility.

      (f)   The licensing agency may by rule and regulation changethe name of the different classes of homes when necessary to avoid confusion interminology and the agency may further amend, substitute, change and in amanner consistent with the definitions established in this section, furtherdefine and identify the specific acts and services which shall fall within therespective categories of facilities so long as the above categories for adultcare homes are used as guidelines to define and identify the specific acts.

      History:   L. 1961, ch. 231, § 1;L. 1967, ch. 246, § 1;L. 1972, ch. 171, § 1;L. 1975, ch. 462, § 39;L. 1978, ch. 161, § 11;L. 1982, ch. 189, § 1;L. 1983, ch. 146, § 1;L. 1992, ch. 322, § 7;L. 1994, ch. 6, § 2;L. 1994, ch. 279, § 2;L. 1995, ch. 143, § 1;L. 1998, ch. 200, § 3;L. 2002, ch. 197, § 7;L. 2003, ch. 149, § 2;L. 2004, ch. 146, § 3; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article9 > Statutes_16665

39-923

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES

      39-923.   Definitions.(a) As used in this act:

      (1)   "Adult care home" means any nursing facility, nursing facility for mentalhealth, intermediate care facility for the mentally retarded, assisted livingfacility, residential health care facility, home plus, boarding care home andadult day care facility, all of which classifications of adult care homes arerequired to be licensed by the secretary ofaging.

      (2)   "Nursing facility" means any place or facility operating 24 hours a day,seven days a week, caring for six or more individuals not related within thethird degree of relationship to the administrator or owner by blood or marriageand who, due to functional impairments, need skilled nursing care to compensatefor activities of daily living limitations.

      (3)   "Nursing facility for mental health" means any place or facilityoperating 24 hours a day, seven days a week caring for six or more individualsnot related within the third degree of relationship to the administrator orowner by blood or marriage and who, due to functional impairments, need skillednursing care and special mental health services to compensate for activitiesof daily living limitations.

      (4)   "Intermediate care facility for the mentally retarded" means any placeor facility operating 24 hours a day, seven days a week caring for six ormore individuals not related within the third degree of relationship to theadministrator or owner by blood or marriage and who, due to functionalimpairments caused by mental retardation or related conditions need services tocompensate for activities of daily living limitations.

      (5)   "Assisted living facility" means any place or facility caring for sixor more individuals not related within the third degree of relationship to theadministrator, operator or owner by blood or marriage and who, by choice or dueto functional impairments, may need personal care and may need supervisednursing care to compensate for activities of daily living limitations and inwhich the place or facility includes apartments for residents and provides orcoordinates a range of services including personal care or supervised nursingcare available 24 hours a day, seven days a week for the support of residentindependence. The provision of skilled nursing procedures to a resident in anassisted living facility is not prohibited by this act. Generally, the skilledservices provided in an assisted living facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (6)   "Residential health care facility" means any place or facility, or acontiguous portion of a place or facility, caring for six or more individualsnot related within the third degree of relationship to theadministrator,operator or owner by blood or marriage and who, by choice or due tofunctional impairments, may need personal care and may need supervised nursingcare to compensate for activities of daily living limitations and in which theplace or facility includes individual living units and provides or coordinatespersonal care or supervised nursing care available on a 24-hour,seven-day-a-week basis for the support of resident independence. The provisionof skilled nursing procedures to a resident in a residential health carefacility is not prohibited by this act. Generally, the skilled servicesprovided in a residential health care facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (7)   "Home plus" means any residence or facility caring for not more thaneight individuals not related within the third degree of relationship to theoperator or owner by blood or marriage unless the resident in need of care isapproved for placement by the secretary of the department of social andrehabilitation services, and who, due to functional impairment, needs personalcare and may need supervised nursing care to compensate for activities of dailyliving limitations. The level of care provided residents shall be determined bypreparation of the staff and rules and regulations developed by the departmenton aging. An adult care home mayconvert a portion of one wing of the facility to a not less than five-bed andnot more than eight-bed home plus facility provided that the home plus facilityremains separate from the adult care home, and each facility must remaincontiguous.

      (8)   "Boarding care home" means any place or facility operating 24 hours aday, seven days a week, caring for not more than 10 individuals not relatedwithin the third degree of relationship to the operator or owner by blood ormarriage and who, due to functional impairment, need supervision of activitiesof daily living but who are ambulatory and essentially capable of managingtheir own care and affairs.

      (9)   "Adult day care" means any place or facility operating less than 24 hoursa day caring for individuals not related within the third degree ofrelationship to the operator or owner by blood or marriage and who, due tofunctional impairment need supervision of or assistance with activities ofdaily living.

      (10)   "Place or facility" means a building or any one or more complete floorsof a building, or any one or more complete wings of a building, or any one ormore complete wings and one or more complete floors of a building, and the term"place or facility" may include multiple buildings.

      (11)   "Skilled nursing care" means services performed by or under theimmediate supervision of a registered professional nurse and additionallicensed nursing personnel. Skilled nursing includes administration ofmedications and treatments as prescribed by a licensed physician or dentist;and other nursing functions which require substantial nursing judgment andskill based on the knowledge and application of scientific principles.

      (12)   "Supervised nursing care" means services provided by or under theguidance of a licensed nurse with initial direction for nursing procedures andperiodic inspection of the actual act of accomplishing the procedures;administration of medications and treatments as prescribed by a licensedphysician or dentist and assistance of residents with the performance ofactivities of daily living.

      (13)   "Resident" means all individuals kept, cared for, treated, boarded orotherwise accommodated in any adult care home.

      (14)   "Person" means any individual, firm, partnership, corporation, company,association or joint-stock association, and the legal successor thereof.

      (15)   "Operate an adult care home" means to own, lease, establish, maintain,conduct the affairs of or manage an adult care home, except that for thepurposes of this definition the word "own" and the word "lease" shall notinclude hospital districts, cities and counties which hold title to an adultcare home purchased or constructed through the sale of bonds.

      (16)   "Licensing agency" means the secretary ofaging.

      (17)   "Skilled nursing home" means a nursing facility.

      (18)   "Intermediate nursing care home" means a nursing facility.

      (19)   "Apartment" means a private unit which includes, but is not limitedto, a toilet room with bathing facilities, a kitchen, sleeping, living andstorage area and a lockable door.

      (20)   "Individual living unit" means a private unit which includes, but isnot limited to, a toilet room with bathing facilities, sleeping, living andstorage area and a lockable door.

      (21)   "Operator" means an individual who operates an assisted living facilityor residential health care facility with fewer than 61 residents, a home plusor adult day care facility and has completed a course approved by the secretaryof health and environment on principles of assisted livingand has successfullypassed an examination approved by the secretary ofhealth and environment on principles of assisted living and such otherrequirements as may be established by the secretaryof health and environment by rules and regulations.

      (22)   "Activities of daily living" means those personal, functional activitiesrequired by an individual for continued well-being, including but not limitedto eating, nutrition, dressing, personal hygiene, mobility, toileting.

      (23)   "Personal care" means care provided by staff to assist an individualwith, or to perform activities of daily living.

      (24)   "Functional impairment" means an individual has experienced a declinein physical, mental and psychosocial well-being and as a result, is unable tocompensate for the effects of the decline.

      (25)   "Kitchen" means a food preparation area that includes a sink,refrigerator and a microwave oven or stove.

      (26)   The term "intermediate personal care home" for purposes of thoseindividuals applying for or receiving veterans' benefits means residentialhealth care facility.

      (27)   "Paid nutrition assistant" means an individual who is paid to feedresidents of an adult care home, or who is used under an arrangement withanother agency or organization, who is trained by a person meeting nurse aideinstructor qualifications as prescribed by 42 C.F.R. 483.152, 42 C.F.R. 483.160and paragraph (h) of 42 C.F.R. 483.35, in effect on October 27, 2003, and whoprovides such assistance under the supervision of a registered professional orlicensed practical nurse.

      (b)   The term "adult care home" shall not include institutions operated byfederal or state governments, except institutions operated by the Kansascommission on veterans affairs, hospitals or institutions for the treatment andcare of psychiatric patients, child care facilities, maternity centers, hotels,offices of physicians or hospices which are certified to participate in themedicare program under 42 code of federal regulations, chapter IV, section418.1 et seq. and amendments thereto and which provide services onlyto hospice patients.

      (c)   Nursing facilities in existence on the effective dateof this act changing licensure categories to become residential health carefacilities shall be required to provide private bathing facilities in a minimumof 20% of the individual living units.

      (d)   Facilities licensed under the adult care home licensureact on the day immediately preceding the effective date of this act shallcontinue to be licensed facilities until the annual renewal date of suchlicense and may renew such license in the appropriate licensure category underthe adult care home licensure act subject to the payment of fees and otherconditions and limitations of such act.

      (e)   Nursing facilities with less than 60 beds converting aportion of the facility to residential health care shall have the option oflicensing for residential health care for less than six individuals but notless than 10% of the total bed count within a contiguous portion of thefacility.

      (f)   The licensing agency may by rule and regulation changethe name of the different classes of homes when necessary to avoid confusion interminology and the agency may further amend, substitute, change and in amanner consistent with the definitions established in this section, furtherdefine and identify the specific acts and services which shall fall within therespective categories of facilities so long as the above categories for adultcare homes are used as guidelines to define and identify the specific acts.

      History:   L. 1961, ch. 231, § 1;L. 1967, ch. 246, § 1;L. 1972, ch. 171, § 1;L. 1975, ch. 462, § 39;L. 1978, ch. 161, § 11;L. 1982, ch. 189, § 1;L. 1983, ch. 146, § 1;L. 1992, ch. 322, § 7;L. 1994, ch. 6, § 2;L. 1994, ch. 279, § 2;L. 1995, ch. 143, § 1;L. 1998, ch. 200, § 3;L. 2002, ch. 197, § 7;L. 2003, ch. 149, § 2;L. 2004, ch. 146, § 3; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article9 > Statutes_16665

39-923

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES

      39-923.   Definitions.(a) As used in this act:

      (1)   "Adult care home" means any nursing facility, nursing facility for mentalhealth, intermediate care facility for the mentally retarded, assisted livingfacility, residential health care facility, home plus, boarding care home andadult day care facility, all of which classifications of adult care homes arerequired to be licensed by the secretary ofaging.

      (2)   "Nursing facility" means any place or facility operating 24 hours a day,seven days a week, caring for six or more individuals not related within thethird degree of relationship to the administrator or owner by blood or marriageand who, due to functional impairments, need skilled nursing care to compensatefor activities of daily living limitations.

      (3)   "Nursing facility for mental health" means any place or facilityoperating 24 hours a day, seven days a week caring for six or more individualsnot related within the third degree of relationship to the administrator orowner by blood or marriage and who, due to functional impairments, need skillednursing care and special mental health services to compensate for activitiesof daily living limitations.

      (4)   "Intermediate care facility for the mentally retarded" means any placeor facility operating 24 hours a day, seven days a week caring for six ormore individuals not related within the third degree of relationship to theadministrator or owner by blood or marriage and who, due to functionalimpairments caused by mental retardation or related conditions need services tocompensate for activities of daily living limitations.

      (5)   "Assisted living facility" means any place or facility caring for sixor more individuals not related within the third degree of relationship to theadministrator, operator or owner by blood or marriage and who, by choice or dueto functional impairments, may need personal care and may need supervisednursing care to compensate for activities of daily living limitations and inwhich the place or facility includes apartments for residents and provides orcoordinates a range of services including personal care or supervised nursingcare available 24 hours a day, seven days a week for the support of residentindependence. The provision of skilled nursing procedures to a resident in anassisted living facility is not prohibited by this act. Generally, the skilledservices provided in an assisted living facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (6)   "Residential health care facility" means any place or facility, or acontiguous portion of a place or facility, caring for six or more individualsnot related within the third degree of relationship to theadministrator,operator or owner by blood or marriage and who, by choice or due tofunctional impairments, may need personal care and may need supervised nursingcare to compensate for activities of daily living limitations and in which theplace or facility includes individual living units and provides or coordinatespersonal care or supervised nursing care available on a 24-hour,seven-day-a-week basis for the support of resident independence. The provisionof skilled nursing procedures to a resident in a residential health carefacility is not prohibited by this act. Generally, the skilled servicesprovided in a residential health care facility shall be provided on anintermittent or limited term basis, or if limited in scope, a regular basis.

      (7)   "Home plus" means any residence or facility caring for not more thaneight individuals not related within the third degree of relationship to theoperator or owner by blood or marriage unless the resident in need of care isapproved for placement by the secretary of the department of social andrehabilitation services, and who, due to functional impairment, needs personalcare and may need supervised nursing care to compensate for activities of dailyliving limitations. The level of care provided residents shall be determined bypreparation of the staff and rules and regulations developed by the departmenton aging. An adult care home mayconvert a portion of one wing of the facility to a not less than five-bed andnot more than eight-bed home plus facility provided that the home plus facilityremains separate from the adult care home, and each facility must remaincontiguous.

      (8)   "Boarding care home" means any place or facility operating 24 hours aday, seven days a week, caring for not more than 10 individuals not relatedwithin the third degree of relationship to the operator or owner by blood ormarriage and who, due to functional impairment, need supervision of activitiesof daily living but who are ambulatory and essentially capable of managingtheir own care and affairs.

      (9)   "Adult day care" means any place or facility operating less than 24 hoursa day caring for individuals not related within the third degree ofrelationship to the operator or owner by blood or marriage and who, due tofunctional impairment need supervision of or assistance with activities ofdaily living.

      (10)   "Place or facility" means a building or any one or more complete floorsof a building, or any one or more complete wings of a building, or any one ormore complete wings and one or more complete floors of a building, and the term"place or facility" may include multiple buildings.

      (11)   "Skilled nursing care" means services performed by or under theimmediate supervision of a registered professional nurse and additionallicensed nursing personnel. Skilled nursing includes administration ofmedications and treatments as prescribed by a licensed physician or dentist;and other nursing functions which require substantial nursing judgment andskill based on the knowledge and application of scientific principles.

      (12)   "Supervised nursing care" means services provided by or under theguidance of a licensed nurse with initial direction for nursing procedures andperiodic inspection of the actual act of accomplishing the procedures;administration of medications and treatments as prescribed by a licensedphysician or dentist and assistance of residents with the performance ofactivities of daily living.

      (13)   "Resident" means all individuals kept, cared for, treated, boarded orotherwise accommodated in any adult care home.

      (14)   "Person" means any individual, firm, partnership, corporation, company,association or joint-stock association, and the legal successor thereof.

      (15)   "Operate an adult care home" means to own, lease, establish, maintain,conduct the affairs of or manage an adult care home, except that for thepurposes of this definition the word "own" and the word "lease" shall notinclude hospital districts, cities and counties which hold title to an adultcare home purchased or constructed through the sale of bonds.

      (16)   "Licensing agency" means the secretary ofaging.

      (17)   "Skilled nursing home" means a nursing facility.

      (18)   "Intermediate nursing care home" means a nursing facility.

      (19)   "Apartment" means a private unit which includes, but is not limitedto, a toilet room with bathing facilities, a kitchen, sleeping, living andstorage area and a lockable door.

      (20)   "Individual living unit" means a private unit which includes, but isnot limited to, a toilet room with bathing facilities, sleeping, living andstorage area and a lockable door.

      (21)   "Operator" means an individual who operates an assisted living facilityor residential health care facility with fewer than 61 residents, a home plusor adult day care facility and has completed a course approved by the secretaryof health and environment on principles of assisted livingand has successfullypassed an examination approved by the secretary ofhealth and environment on principles of assisted living and such otherrequirements as may be established by the secretaryof health and environment by rules and regulations.

      (22)   "Activities of daily living" means those personal, functional activitiesrequired by an individual for continued well-being, including but not limitedto eating, nutrition, dressing, personal hygiene, mobility, toileting.

      (23)   "Personal care" means care provided by staff to assist an individualwith, or to perform activities of daily living.

      (24)   "Functional impairment" means an individual has experienced a declinein physical, mental and psychosocial well-being and as a result, is unable tocompensate for the effects of the decline.

      (25)   "Kitchen" means a food preparation area that includes a sink,refrigerator and a microwave oven or stove.

      (26)   The term "intermediate personal care home" for purposes of thoseindividuals applying for or receiving veterans' benefits means residentialhealth care facility.

      (27)   "Paid nutrition assistant" means an individual who is paid to feedresidents of an adult care home, or who is used under an arrangement withanother agency or organization, who is trained by a person meeting nurse aideinstructor qualifications as prescribed by 42 C.F.R. 483.152, 42 C.F.R. 483.160and paragraph (h) of 42 C.F.R. 483.35, in effect on October 27, 2003, and whoprovides such assistance under the supervision of a registered professional orlicensed practical nurse.

      (b)   The term "adult care home" shall not include institutions operated byfederal or state governments, except institutions operated by the Kansascommission on veterans affairs, hospitals or institutions for the treatment andcare of psychiatric patients, child care facilities, maternity centers, hotels,offices of physicians or hospices which are certified to participate in themedicare program under 42 code of federal regulations, chapter IV, section418.1 et seq. and amendments thereto and which provide services onlyto hospice patients.

      (c)   Nursing facilities in existence on the effective dateof this act changing licensure categories to become residential health carefacilities shall be required to provide private bathing facilities in a minimumof 20% of the individual living units.

      (d)   Facilities licensed under the adult care home licensureact on the day immediately preceding the effective date of this act shallcontinue to be licensed facilities until the annual renewal date of suchlicense and may renew such license in the appropriate licensure category underthe adult care home licensure act subject to the payment of fees and otherconditions and limitations of such act.

      (e)   Nursing facilities with less than 60 beds converting aportion of the facility to residential health care shall have the option oflicensing for residential health care for less than six individuals but notless than 10% of the total bed count within a contiguous portion of thefacility.

      (f)   The licensing agency may by rule and regulation changethe name of the different classes of homes when necessary to avoid confusion interminology and the agency may further amend, substitute, change and in amanner consistent with the definitions established in this section, furtherdefine and identify the specific acts and services which shall fall within therespective categories of facilities so long as the above categories for adultcare homes are used as guidelines to define and identify the specific acts.

      History:   L. 1961, ch. 231, § 1;L. 1967, ch. 246, § 1;L. 1972, ch. 171, § 1;L. 1975, ch. 462, § 39;L. 1978, ch. 161, § 11;L. 1982, ch. 189, § 1;L. 1983, ch. 146, § 1;L. 1992, ch. 322, § 7;L. 1994, ch. 6, § 2;L. 1994, ch. 279, § 2;L. 1995, ch. 143, § 1;L. 1998, ch. 200, § 3;L. 2002, ch. 197, § 7;L. 2003, ch. 149, § 2;L. 2004, ch. 146, § 3; July 1.