Session of 2025
HOUSE BILL No. 2316
By Committee on Health and Human Services
Requested by Representative Bryce on behalf of the Department for Aging and
Disability Services
2-6
AN ACT concerning health and healthcare; relating to the collection of
civil penalties for violations of correction orders; establishing the
disability community services providers civil monetary penalty
reinvestment fund and the adult care homes civil monetary penalty
reinvestment fund; amending K.S.A. 39-949 and K.S.A. 2024 Supp.
39-2016 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 39-949 is hereby amended to read as follows: 39-
949. All civil penalties collected pursuant to the provisions of this act shall
be deposited in the state general fund with the state treasurer in
accordance with K.S.A. 75-4215, and amendments thereto. There is hereby
established in the state treasury the adult care homes civil monetary
penalty reinvestment fund. All moneys credited to the adult care homes
civil monetary penalty reinvestment fund shall be used by the Kansas
department for aging and disability services exclusively for grants
awarded to current licensees under K.S.A. 39-923 et seq., and
amendments thereto, for projects approved by the department that will
benefit the health, safety and welfare of the residents served by adult care
homes. All expenditures from the adult care homes civil monetary penalty
reinvestment fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary for aging and disability services or the
secretary's designee.
Sec. 2. K.S.A. 2024 Supp. 39-2016 is hereby amended to read as
follows: 39-2016. (a) A correction order may be issued by the secretary or
the secretary's designee to a licensee whenever the state fire marshal or the
marshal's representative or a duly authorized representative of the
secretary inspects or investigates a center, facility, hospital or provider and
determines that the center, facility, hospital or provider is not in
compliance with the provisions of this act or article 59 of chapter 75 of the
Kansas Statutes Annotated, and amendments thereto, or rules and
regulations adopted by the secretary pursuant to such authority and such
non-compliance noncompliance is likely to adversely affect the health,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34 HB 2316 2
safety, nutrition or sanitation of the individuals or the public. The
correction order shall be served upon the licensee either personally or by
certified mail, return receipt requested. The correction order shall be in
writing, shall state the specific deficiency, cite the specific statutory
provision or rule and regulation alleged to have been violated and shall
specify the time allowed for correction.
(b) If upon re-inspection reinspection by the state fire marshal or the
marshal's representative or a duly authorized representative of the
secretary, it is found that the licensee has not corrected the deficiency or
deficiencies specified in the correction order, the secretary may assess a
civil penalty in an amount not to exceed $500 per day, per deficiency,
against the licensee for each subsequent day following the time allowed
for correction of the deficiency as specified in the correction order,. The
maximum assessment shall not exceed $2,500. A written notice of
assessment shall be served upon the licensee either personally or by
certified mail, return receipt requested. Such notice of assessment shall
advise the licensee of the opportunity to be heard in accordance with the
Kansas administrative procedure act and to appeal such order in
accordance with the provisions of the Kansas judicial review act.
(c) Before the assessment of a civil penalty, the secretary shall
consider the following factors in determining the amount of the civil
penalty to be assessed assessment:
(1) The severity of the violation;
(2) the good faith effort exercised by the center, facility, hospital or
provider to correct the violation; and
(3) the history of compliance of the licensee of the center, facility,
hospital or provider with the rules and regulations. If the secretary finds
that some or all deficiencies cited in the correction order have also been
cited against the center, facility, hospital or provider as a result of any
inspection or investigation which that occurred within 18 months prior to
the inspection or investigation which that resulted in such correction order,
the secretary may double the civil penalty assessed against the licensee,.
The maximum assessment shall not to exceed $5,000.
(d) All civil penalties assessed shall be due and payable within 10
days after written notice of assessment is served on the licensee, unless a
longer period of time is granted by the secretary. If a civil penalty is not
paid within the applicable time period, the secretary may file a certified
copy of the notice of assessment with the clerk of the district court in the
county where the center, facility, hospital or provider is located. The notice
of assessment shall be enforced in the same manner as a judgment of the
district court.
(e) Any licensee against whom a civil penalty has been assessed, may
appeal such assessment to the secretary within 10 days after receiving a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2316 3
written notice of assessment by filing a written notice of appeal with the
office of administrative hearings specifying why such civil penalty should
not be assessed. Such appeal shall not operate to stay the payment of the
civil penalty. Upon receipt of the notice of appeal, the office of
administrative hearings shall conduct a hearing in accordance with the
provisions of the Kansas administrative procedure act. If the initial order
issued by the office of administrative hearings finds in favor of the
appellant and the secretary affirms the initial order, any civil penalties
collected shall be refunded to the appellant licensee. Either party may
appeal the final order in accordance with the Kansas judicial review act.
(f) All civil penalties collected pursuant to the provisions of this act
shall be deposited with the state treasurer in accordance with K.S.A. 75-
4215, and amendments thereto. Upon receipt the state treasurer shall
deposit the entire amount in the state general fund There is hereby
established in the state treasury the disability community services
providers civil monetary penalty reinvestment fund. All moneys credited to
the disability community services providers civil monetary penalty
reinvestment fund shall be used by the Kansas department for aging and
disability services exclusively for grants awarded to current licensees
under K.S.A. 39-2001 et seq., and amendments thereto, for projects
approved by the department that will benefit the health, safety and welfare
of program participants served by the center, facility, hospital or provider.
All expenditures from the disability community services providers civil
monetary penalty reinvestment fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary for aging and
disability services or the secretary's designee.
Sec. 3. K.S.A. 39-949 and K.S.A. 2024 Supp. 39-2016 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31