Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-965.Penalties for violations posing serious physical harm toresident.(a) If the secretary of aging determinesthat an adult care home is in violation of or has violated any requirements,standards or rules and regulations established under the adult care homelicensure act which violation can reasonably be determined to have resulted in,caused or posed serious physical harm to a resident, the secretary ofaging in accordance with proceedings under the Kansas administrativeprocedure act, may assess a civil penalty against the licensee of such adultcare home in an amount of not to exceed $1,000 per day per violation for eachday the secretary finds that the adult care home was not in compliance withsuch requirements, standards or rules and regulations but the maximumassessment shall not exceed $10,000.
(b) All civil penalties assessed shall be due and payable in accordancewith subsection (c) of K.S.A. 39-946 and K.S.A. 39-947 and amendments thereto.
(c) The secretary of aging may adoptrules and regulations which shall include due process procedures for theissuance of civil penalties relating to nursing facilities.
(d) The authority to assess civil penalties granted to the secretary ofaging under this section is in addition toany other statutory authority of the secretary relating to the licensure andoperation of adult care homes and is not to be construed to limit any of thepowers and duties of the secretary of aging under the adult care homelicensure act.
(e) This section shall be part of and supplemental to the adult care homelicensure act.
History: L. 1992, ch. 322, § 1;L. 2003, ch. 149, § 23; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-965.Penalties for violations posing serious physical harm toresident.(a) If the secretary of aging determinesthat an adult care home is in violation of or has violated any requirements,standards or rules and regulations established under the adult care homelicensure act which violation can reasonably be determined to have resulted in,caused or posed serious physical harm to a resident, the secretary ofaging in accordance with proceedings under the Kansas administrativeprocedure act, may assess a civil penalty against the licensee of such adultcare home in an amount of not to exceed $1,000 per day per violation for eachday the secretary finds that the adult care home was not in compliance withsuch requirements, standards or rules and regulations but the maximumassessment shall not exceed $10,000.
(b) All civil penalties assessed shall be due and payable in accordancewith subsection (c) of K.S.A. 39-946 and K.S.A. 39-947 and amendments thereto.
(c) The secretary of aging may adoptrules and regulations which shall include due process procedures for theissuance of civil penalties relating to nursing facilities.
(d) The authority to assess civil penalties granted to the secretary ofaging under this section is in addition toany other statutory authority of the secretary relating to the licensure andoperation of adult care homes and is not to be construed to limit any of thepowers and duties of the secretary of aging under the adult care homelicensure act.
(e) This section shall be part of and supplemental to the adult care homelicensure act.
History: L. 1992, ch. 322, § 1;L. 2003, ch. 149, § 23; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-965.Penalties for violations posing serious physical harm toresident.(a) If the secretary of aging determinesthat an adult care home is in violation of or has violated any requirements,standards or rules and regulations established under the adult care homelicensure act which violation can reasonably be determined to have resulted in,caused or posed serious physical harm to a resident, the secretary ofaging in accordance with proceedings under the Kansas administrativeprocedure act, may assess a civil penalty against the licensee of such adultcare home in an amount of not to exceed $1,000 per day per violation for eachday the secretary finds that the adult care home was not in compliance withsuch requirements, standards or rules and regulations but the maximumassessment shall not exceed $10,000.
(b) All civil penalties assessed shall be due and payable in accordancewith subsection (c) of K.S.A. 39-946 and K.S.A. 39-947 and amendments thereto.
(c) The secretary of aging may adoptrules and regulations which shall include due process procedures for theissuance of civil penalties relating to nursing facilities.
(d) The authority to assess civil penalties granted to the secretary ofaging under this section is in addition toany other statutory authority of the secretary relating to the licensure andoperation of adult care homes and is not to be construed to limit any of thepowers and duties of the secretary of aging under the adult care homelicensure act.
(e) This section shall be part of and supplemental to the adult care homelicensure act.
History: L. 1992, ch. 322, § 1;L. 2003, ch. 149, § 23; July 1.
