Kansas Statutes 39-980. Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary
Terms Used In Kansas Statutes 39-980
- Adult care home: means any nursing facility, nursing facility for mental health, intermediate care facility for people with intellectual disability, assisted living facility, residential healthcare facility, home plus, boarding care home and adult day care facility; all of which are classifications of adult care homes and are required to be licensed by the secretary for aging and disability services. See Kansas Statutes 39-923
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Operator: means an individual registered pursuant to the operator registration act, Kan. See Kansas Statutes 39-923
- Person: means any individual, firm, partnership, corporation, company, association or joint-stock association, and the legal successor thereof. See Kansas Statutes 39-923
- Resident: means all individuals kept, cared for, treated, boarded or otherwise accommodated in any adult care home. See Kansas Statutes 39-923
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) The secretary may deny, refuse to renew, suspend or revoke a registration where the operator or applicant:
(1) Has obtained, or attempted to obtain, a registration by means of fraud, misrepresentation or concealment of material facts;
(2) has a finding of abuse, neglect or exploitation against a resident of an adult care home as defined in Kan. Stat. Ann. § 39-1401, and amendments thereto;
(3) has been convicted of a crime found by the secretary to have direct bearing on whether the registrant or applicant can be entrusted to serve the public in the position of an operator;
(4) has violated a lawful order or rule or regulation of the secretary;
(5) had disciplinary action taken against such operator on a professional or occupational healthcare credential issued by this state or by another jurisdiction; or
(6) has violated any provisions of the operator registration act.
(b) Such denial, refusal to renew, suspension or revocation of a registration may be ordered by the secretary after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act.
(c) A person whose registration has been revoked may apply to the secretary for reinstatement. The secretary shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An applicant for reinstatement shall submit an application for reinstatement and a reinstatement fee established by the secretary and fulfill the requirements under subsection (d) of Kan. Stat. Ann. § 39-978, and amendments thereto.