Terms Used In Kansas Statutes 65-440

  • Governmental unit: means the state, or any county, municipality, or other political subdivision thereof; or any department, division, board or other agency of any of the foregoing. See Kansas Statutes 65-425
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Licensing agency: means the department of health and environment. See Kansas Statutes 65-425
  • Medical care facility: means a hospital, ambulatory surgical center or recuperation center, except that "medical care facility" does not include a hospice that is certified to participate in the medicare program under 42 C. See Kansas Statutes 65-425
  • Person: means any individual, firm, partnership, corporation, company, association, or joint-stock association, and the legal successor thereof. See Kansas Statutes 65-425
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the attorney general who shall represent the licensing agency in the proceedings maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a medical care facility without a license under this law. Such proceedings shall be governed by the provisions of the Kansas judicial review act.