§ 39-2001 Providers of disability services; purpose of act
§ 39-2002 Definitions
§ 39-2003 Secretary for aging and disability services; powers, duties and functions
§ 39-2004 Same; rules and regulations
§ 39-2005 Providers; requirements to comply with applicable laws, ordinances and rules and regulations
§ 39-2006 Same; requirements to obtain license
§ 39-2007 Same; application for license
§ 39-2008 License; application and renewal
§ 39-2009 Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; criminal history record checks
§ 39-2010 Licenses issued prior to effective date of act; requirement to comply with act
§ 39-2011 Inspections and investigations of providers and facilities; notice
§ 39-2012 Provision of license; requirements; duration
§ 39-2013 Denial, suspension or revocation of license; procedure
§ 39-2014 Same; person with ownership or other interest in provider
§ 39-2015 Provider operating without license; penalties
§ 39-2016 Correction orders and civil fines
§ 39-2017 Severability of act
§ 39-2018 Community mental health center improvement fund established; expenditures by Kansas department for aging and disability services
§ 39-2019 Certified community behavioral health clinics; certification requirements; medical assistance program funding; deadlines for certification; rules and regulations

Terms Used In Kansas Statutes > Chapter 39 > Article 20 - Providers of Disability Services

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Center: means a community mental health center or crisis intervention center. See Kansas Statutes 39-2002
  • Community mental health center: means a center organized pursuant to article 40 of chapter 19 of the Kansas Statutes Annotated, and amendments thereto, or a mental health clinic organized pursuant to article 2 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. See Kansas Statutes 39-2002
  • Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department for aging and disability services. See Kansas Statutes 39-2002
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means any place other than a center or hospital that meets the requirements as set forth by regulations created and adopted by the secretary, where individuals reside and receive treatment or services provided by a person or entity licensed under this act. See Kansas Statutes 39-2002
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hospital: means a psychiatric hospital. See Kansas Statutes 39-2002
  • Individual: means a person who is the recipient of behavioral health, intellectual disabilities, developmental disabilities or other disability services as set forth in this act. See Kansas Statutes 39-2002
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Licensee: means one or more persons or entities licensed by the secretary under this act. See Kansas Statutes 39-2002
  • Licensing agency: means the secretary for aging and disability services. See Kansas Statutes 39-2002
  • Minor: means any person defined by Kan. See Kansas Statutes 77-201
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Other disabilities: means any condition for which individuals receive home and community based waiver services. See Kansas Statutes 39-2002
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Provider: means a person, partnership or corporation employing or contracting with appropriately credentialed persons that provide behavioral health, excluding substance use disorder services for purposes of this act, intellectual disability, developmental disability or other disability services in accordance with the requirements as set forth by rules and regulations created and adopted by the secretary. See Kansas Statutes 39-2002
  • Psychiatric hospital: means an institution, excluding state institutions as defined in Kan. See Kansas Statutes 39-2002
  • Psychiatric residential treatment facility: means any non-hospital facility with a provider agreement with the licensing agency to provide the inpatient services for individuals under the age of 21 who will receive highly structured, intensive treatment for which the licensee meets the requirements as set forth by regulations created and adopted by the secretary. See Kansas Statutes 39-2002
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Residential care facility: means any place or facility, or a contiguous portion of a place or facility, providing services for two or more individuals not related within the third degree of relationship to the administrator, provider or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and supervised nursing care to compensate for activities of daily living limitations, and which place or facility includes individual living units and provides or coordinates personal care or supervised nursing care available on a 24-hour, seven-days-a-week basis for the support of an individual's independence, including crisis residential care facilities. See Kansas Statutes 39-2002
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secretary: means the secretary for aging and disability services. See Kansas Statutes 39-2002
  • Services: means the following types of behavioral health, intellectual disability, developmental disability and other disability services, including, but not limited to: Residential supports, day supports, care coordination, case management, workshops, sheltered domiciles, education, therapeutic services, assessments and evaluations, diagnostic care, medicinal support and rehabilitative services. See Kansas Statutes 39-2002
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201