Kansas 2025-2026 Regular Session

Kansas House Bill HB2370 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. 2370
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Buehler on behalf of the Alzheimer's Association
5	5	2-7
6	6	AN ACT concerning health and healthcare; relating to assisted living
7	7	facilities; requiring additional certification for assisted living facilities
8	8	with dementia care.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. (a) This section shall apply only to assisted living facilities
11	11	that offer dementia care services. If assisted living facilities choose to
12	12	apply for the special dementia care certification, then such facilities shall
13	13	follow the requirements in this section. A facility that chooses to opt out of
14	14	following such requirements, shall not publicize that it offers specialized
15	15	dementia care, memory care, use the special dementia care designation or
16	16	the assisted living facility with dementia care certification.
17	17	(b) There is hereby created the assisted living facility with dementia
18	18	care certification. An applicant seeking certification as an assisted living
19	19	facility with dementia care shall have the ability to provide services in a
20	20	manner consistent with the requirements in this section. In determining
21	21	whether or not to award this certification to an applicant, the secretary of
22	22	the department for aging and disability services shall consider the
23	23	following criteria, including, but not limited to:
24	24	(1) The applicant's assisted living director, managerial official and
25	25	clinical nurse supervisor's experience with managing residents with
26	26	dementia or previous long-term care experience; and
27	27	(2) completion of a state-approved dementia care certification
28	28	program by the applicant's leadership.
29	29	(c) Facilities seeking such certification shall maintain staffing levels
30	30	sufficient to meet the care needs of residents, that shall be demonstrated
31	31	through periodic quality-of-care assessments.
32	32	(d) Prior to providing memory care services, all employees or
33	33	contract staff working with residents receiving memory care services shall
34	34	complete a department-approved, standardized dementia care training
35	35	program that is available online.
36	36	(1) Assisted living facilities that offer dementia care may use existing
37	37	training programs that meet state standards, which shall be established by
38	38	the department in rules and regulations. Training programs shall include
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74	74	35 HB 2370 2
75	75	(A) Communicating and interacting with individuals with Alzheimer's
76	76	disease or other forms of dementia;
77	77	(B) the psychological, social and physical needs of individuals with
78	78	Alzheimer's disease or other forms of dementia;
79	79	(C) the benefits of non-pharmacological approaches to treatment; and
80	80	(D) safety measures necessary for individuals with Alzheimer's
81	81	disease or other forms of dementia.
82	82	(e) Employees or contract staff working with residents receiving
83	83	memory care services shall receive annual, evidence-based memory care
84	84	services training as determined by the department for aging and disability
85	85	services biennially.
86	86	(f) (1) The facility shall provide an activity services program to
87	87	residents who receive memory care services. The activity services program
88	88	shall:
89	89	(A) Involve the resident in an ongoing program of activities that are
90	90	designed to appeal to individual resident needs; and
91	91	(B) include a combination of large and small group, one-to-one and
92	92	self-directed activities.
93	93	(2) Facilities shall provide access to activities tailored to the needs of
94	94	residents with dementia, that can be provided by trained care staff rather
95	95	than dedicated activity staff.
96	96	(3) Group activities may substitute for one-on-one activities when
97	97	appropriate.
98	98	(g) The department of aging and disability services may impose
99	99	additional requirements for any long-term care facility if there are
100	100	unsatisfactory outcomes for a resident in such facility. The department
101	101	shall impose such requirements only after identifying significant
102	102	deficiencies in meeting resident care needs as documented in annual
103	103	inspections or complaint investigations.
104	104	(h) Evidence of a failure to meet the individual needs of residents
105	105	shall be grounds for enforcement action under this section.
106	106	(i) The department for aging and disability shall adopt rules and
107	107	regulations to implement and administer the provisions of sections 1 and 2,
108	108	and amendments thereto.
109	109	(j) The label "assisted living facility with dementia care" shall be
110	110	identified on the facility's license. Such facility providing dementia care
111	111	services may indicate this specialization in their license description if the
112	112	facility has the certification created by this section.
113	113	(k) Facilities that choose to apply for a dementia care certification
114	114	shall comply with the provisions of this section within 12 months of its
115	115	enactment.
116	116	(l) This section shall be a part of and supplemental to article 9 of
117	117	chapter 39 of the Kansas Statutes Annotated, and amendments thereto.
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161	161	Sec. 2. (a) (1) Except as provided in paragraph (2), an assisted living
162	162	facility with a dementia care certification shall notify the secretary of the
163	163	department for aging and disability services in writing at least 60 calendar
164	164	days prior to the voluntary relinquishment.
165	165	(2) If less than 10 residents would be affected by such
166	166	relinquishment, a facility with a dementia care certification shall notify the
167	167	secretary at least 30 days prior to the relinquishment of such certification.
168	168	(b) For voluntary relinquishment, the facility shall:
169	169	(1) Give all residents and their designated and legal representatives
170	170	60 calendar days notice of voluntary relinquishment. The notice shall
171	171	include:
172	172	(A) The proposed effective date of voluntary relinquishment;
173	173	(B) changes in staffing;
174	174	(C) changes in services, including the elimination or addition of
175	175	services; and
176	176	(D) staff training that shall occur when the voluntary relinquishment
177	177	becomes effective;
178	178	(2) submit a transitional plan to the secretary of the department for
179	179	aging and disability services demonstrating how current residents will be
180	180	evaluated and assessed to reside in other housing settings that are not an
181	181	assisted living facility with memory care that are physically unsecured or
182	182	would require move-out or transfer to other settings;
183	183	(A) Assisted living facilities voluntarily relinquishing such facilities
184	184	dementia care certification may submit a general transition framework
185	185	rather than an individualized plan for each resident;
186	186	(3) change service or care plans as appropriate to address any needs
187	187	the residents may have with such transition;
188	188	(4) notify the secretary of the department for aging and disability
189	189	services when the voluntary relinquishment process has been completed;
190	190	and
191	191	(5) revise advertising materials and disclosure information to remove
192	192	any reference indicating that such facility is an assisted living facility with
193	193	dementia care certification.
194	194	(c) This section shall be a part of and supplemental to article 9 of
195	195	chapter 39 of the Kansas Statutes Annotated, and amendments thereto.
196	196	Sec. 3. This act shall take effect and be in force from and after its
197	197	publication in the Kansas register.
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