Kansas 2025-2026 Regular Session

Kansas House Bill HB2316 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2316
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Bryce on behalf of the Department for Aging and
5	5	Disability Services
6	6	2-6
7	7	AN ACT concerning health and healthcare; relating to the collection of
8	8	civil penalties for violations of correction orders; establishing the
9	9	disability community services providers civil monetary penalty
10	10	reinvestment fund and the adult care homes civil monetary penalty
11	11	reinvestment fund; amending K.S.A. 39-949 and K.S.A. 2024 Supp.
12	12	39-2016 and repealing the existing sections.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 39-949 is hereby amended to read as follows: 39-
15	15	949. All civil penalties collected pursuant to the provisions of this act shall
16	16	be deposited in the state general fund with the state treasurer in
17	17	accordance with K.S.A. 75-4215, and amendments thereto. There is hereby
18	18	established in the state treasury the adult care homes civil monetary
19	19	penalty reinvestment fund. All moneys credited to the adult care homes
20	20	civil monetary penalty reinvestment fund shall be used by the Kansas
21	21	department for aging and disability services exclusively for grants
22	22	awarded to current licensees under K.S.A. 39-923 et seq., and
23	23	amendments thereto, for projects approved by the department that will
24	24	benefit the health, safety and welfare of the residents served by adult care
25	25	homes. All expenditures from the adult care homes civil monetary penalty
26	26	reinvestment fund shall be made in accordance with appropriation acts
27	27	upon warrants of the director of accounts and reports issued pursuant to
28	28	vouchers approved by the secretary for aging and disability services or the
29	29	secretary's designee.
30	30	Sec. 2. K.S.A. 2024 Supp. 39-2016 is hereby amended to read as
31	31	follows: 39-2016. (a) A correction order may be issued by the secretary or
32	32	the secretary's designee to a licensee whenever the state fire marshal or the
33	33	marshal's representative or a duly authorized representative of the
34	34	secretary inspects or investigates a center, facility, hospital or provider and
35	35	determines that the center, facility, hospital or provider is not in
36	36	compliance with the provisions of this act or article 59 of chapter 75 of the
37	37	Kansas Statutes Annotated, and amendments thereto, or rules and
38	38	regulations adopted by the secretary pursuant to such authority and such
39	39	non-compliance noncompliance is likely to adversely affect the health,
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74	74	safety, nutrition or sanitation of the individuals or the public. The
75	75	correction order shall be served upon the licensee either personally or by
76	76	certified mail, return receipt requested. The correction order shall be in
77	77	writing, shall state the specific deficiency, cite the specific statutory
78	78	provision or rule and regulation alleged to have been violated and shall
79	79	specify the time allowed for correction.
80	80	(b) If upon re-inspection reinspection by the state fire marshal or the
81	81	marshal's representative or a duly authorized representative of the
82	82	secretary, it is found that the licensee has not corrected the deficiency or
83	83	deficiencies specified in the correction order, the secretary may assess a
84	84	civil penalty in an amount not to exceed $500 per day, per deficiency,
85	85	against the licensee for each subsequent day following the time allowed
86	86	for correction of the deficiency as specified in the correction order,. The
87	87	maximum assessment shall not exceed $2,500. A written notice of
88	88	assessment shall be served upon the licensee either personally or by
89	89	certified mail, return receipt requested. Such notice of assessment shall
90	90	advise the licensee of the opportunity to be heard in accordance with the
91	91	Kansas administrative procedure act and to appeal such order in
92	92	accordance with the provisions of the Kansas judicial review act.
93	93	(c) Before the assessment of a civil penalty, the secretary shall
94	94	consider the following factors in determining the amount of the civil
95	95	penalty to be assessed assessment:
96	96	(1) The severity of the violation;
97	97	(2) the good faith effort exercised by the center, facility, hospital or
98	98	provider to correct the violation; and
99	99	(3) the history of compliance of the licensee of the center, facility,
100	100	hospital or provider with the rules and regulations. If the secretary finds
101	101	that some or all deficiencies cited in the correction order have also been
102	102	cited against the center, facility, hospital or provider as a result of any
103	103	inspection or investigation which that occurred within 18 months prior to
104	104	the inspection or investigation which that resulted in such correction order,
105	105	the secretary may double the civil penalty assessed against the licensee,.
106	106	The maximum assessment shall not to exceed $5,000.
107	107	(d) All civil penalties assessed shall be due and payable within 10
108	108	days after written notice of assessment is served on the licensee, unless a
109	109	longer period of time is granted by the secretary. If a civil penalty is not
110	110	paid within the applicable time period, the secretary may file a certified
111	111	copy of the notice of assessment with the clerk of the district court in the
112	112	county where the center, facility, hospital or provider is located. The notice
113	113	of assessment shall be enforced in the same manner as a judgment of the
114	114	district court.
115	115	(e) Any licensee against whom a civil penalty has been assessed, may
116	116	appeal such assessment to the secretary within 10 days after receiving a
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160	160	written notice of assessment by filing a written notice of appeal with the
161	161	office of administrative hearings specifying why such civil penalty should
162	162	not be assessed. Such appeal shall not operate to stay the payment of the
163	163	civil penalty. Upon receipt of the notice of appeal, the office of
164	164	administrative hearings shall conduct a hearing in accordance with the
165	165	provisions of the Kansas administrative procedure act. If the initial order
166	166	issued by the office of administrative hearings finds in favor of the
167	167	appellant and the secretary affirms the initial order, any civil penalties
168	168	collected shall be refunded to the appellant licensee. Either party may
169	169	appeal the final order in accordance with the Kansas judicial review act.
170	170	(f) All civil penalties collected pursuant to the provisions of this act
171	171	shall be deposited with the state treasurer in accordance with K.S.A. 75-
172	172	4215, and amendments thereto. Upon receipt the state treasurer shall
173	173	deposit the entire amount in the state general fund There is hereby
174	174	established in the state treasury the disability community services
175	175	providers civil monetary penalty reinvestment fund. All moneys credited to
176	176	the disability community services providers civil monetary penalty
177	177	reinvestment fund shall be used by the Kansas department for aging and
178	178	disability services exclusively for grants awarded to current licensees
179	179	under K.S.A. 39-2001 et seq., and amendments thereto, for projects
180	180	approved by the department that will benefit the health, safety and welfare
181	181	of program participants served by the center, facility, hospital or provider.
182	182	All expenditures from the disability community services providers civil
183	183	monetary penalty reinvestment fund shall be made in accordance with
184	184	appropriation acts upon warrants of the director of accounts and reports
185	185	issued pursuant to vouchers approved by the secretary for aging and
186	186	disability services or the secretary's designee.
187	187	Sec. 3. K.S.A. 39-949 and K.S.A. 2024 Supp. 39-2016 are hereby
188	188	repealed.
189	189	Sec. 4. This act shall take effect and be in force from and after its
190	190	publication in the statute book.
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