Session of 2025
SENATE BILL No. 276
By Committee on Federal and State Affairs
2-18
AN ACT concerning health and healthcare; relating to the state fire
marshal; requiring the state fire marshal to complete certain annual
training in person-centered care and responding to individuals with
Alzheimer's disease and intellectual and developmental disabilities;
removing the state fire marshal from the adult care home licensure act
and the providers of disability services act; amending K.S.A. 39-925,
39-928, 39-929, 39-938, 39-2005, 39-2008 and 39-2012 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. The office of the state fire marshal shall complete
annual training on the following:
(a) Person-centered care in aged services training through leadingage
Kansas;
(b) approaching Alzheimer's: First responder training through the
Alzheimer's association; and
(c) intellectual and developmental disabilities training for first
responders through interhab.
New Sec. 2. (a) The secretary for aging and disability services may
enter into an agreement to subcontract with the office of the state fire
marshal for the purpose of conducting life safety code surveys in adult
care homes licensed under the adult care home licensure act.
(b) Any such subcontract shall specify that:
(1) The office of the state fire marshal may conduct life safety code
surveys in accordance with applicable state and federal requirements;
(2) the findings and recommendations of the office of the state fire
marshal shall be submitted to the Kansas department for aging and
disability services for review; and
(3) the final determination regarding any deficiencies cited, including
any tags or citations issued and the enforcement of such, shall be made
solely by the Kansas department for aging and disability services.
(c) Nothing in this section shall be construed to grant the office of the
state fire marshal independent authority to impose penalties, issue
corrective action requirements or take enforcement action against adult
care homes licensed under the adult care home licensure act, excluding
nursing facilities certified by medicare and medicaid through the United
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States centers for medicare and medicaid services. For such certified
nursing facilities, the office of the state fire marshal may fulfill any
requirements of the United States centers for medicare and medicaid
services related to life safety code compliance as authorized by federal
regulations
Sec. 3. K.S.A. 39-925 is hereby amended to read as follows: 39-925.
(a) The administration of the adult care home licensure act is hereby
transferred from the secretary of health and environment to the secretary
for aging and disability services, except as otherwise provided by this act.
On the effective date of this act, the administration of the adult care home
licensure act shall be under authority of the secretary for aging and
disability services as the licensing agency in conjunction with the state fire
marshal, and shall have the assistance of the county, city-county or
multicounty health departments, local fire and safety authorities and other
agencies of government in this state. The secretary for aging and disability
services shall appoint an officer to administer the adult care home
licensure act and such officer shall be in the unclassified service under the
Kansas civil service act.
(b) The secretary for aging and disability services shall be a
continuation of the secretary of health and environment as to the programs
transferred and shall be the successor in every way to the powers, duties
and functions of the secretary of health and environment for such
programs, except as otherwise provided by this act. On and after the
effective date of this act, for each of the programs transferred, every act
performed in the exercise of such powers, duties and functions by or under
the authority of the secretary for aging and disability services shall be
deemed to have the same force and effect as if performed by the secretary
of health and environment in whom such powers were vested prior to the
effective date of this act.
(c) (1) No suit, action or other proceeding, judicial or administrative,
which that pertains to any of the transferred adult care home survey,
certification and licensing programs, and reporting of abuse, neglect or
exploitation of adult care home residents, which that is lawfully
commenced, or could have been commenced, by or against the secretary of
health and environment in such secretary's official capacity or in relation
to the discharge of such secretary's official duties, shall abate by reason of
the transfer of such programs. The secretary for aging and disability
services shall be named or substituted as the defendant in place of the
secretary of health and environment in any suit, action or other proceeding
involving claims arising from facts or events first occurring either on or
before the effective date of this act or thereafter.
(2) No suit, action or other proceeding, judicial or administrative,
pertaining to the adult care home survey, certification and licensing
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programs or to the reporting of abuse, neglect or exploitation of adult care
home residents which that otherwise would have been dismissed or
concluded shall continue to exist by reason of any transfer under this act.
(3) No criminal action commenced or which that could have been
commenced by the state shall abate by the taking effect of this act.
(4) Any final appeal decision of the department of health and
environment entered pursuant to K.S.A. 39-923 et seq., and amendments
thereto, K.S.A. 39-1401 et seq., and amendments thereto, or the Kansas
judicial review act, K.S.A. 77-601 et seq., and amendments thereto,
currently pertaining to adult care home certification, survey and licensing
or reporting of abuse, neglect or exploitation of adult care home residents,
transferred pursuant to this act shall be binding upon and applicable to the
secretary for aging and disability services and the Kansas department for
aging and disability services.
(5) All orders and directives under the adult care home licensure act
by the secretary of health and environment in existence immediately prior
to the effective date of the transfer of powers, duties and functions by this
act, shall continue in force and effect and shall be deemed to be duly
issued orders, and directives of the secretary for aging and disability
services, until reissued, amended or nullified pursuant to law.
(d) All rules and regulations of the department of health and
environment adopted pursuant to K.S.A. 39-923 et seq., and amendments
thereto, and in effect on the effective date of this act, which that promote
the safe, proper and adequate treatment and care of individuals in adult
care homes shall continue to be effective and shall be deemed to be rules
and regulations of the secretary for aging and disability services, until
revised, amended, revoked or nullified by the secretary for aging and
disability services, or otherwise, pursuant to law.
(e) All contracts shall be made in the name of "secretary for aging
and disability services" and in that name the secretary for aging and
disability services may sue and be sued on such contracts. The grant of
authority under this subsection shall not be construed to be a waiver of any
rights retained by the state under the 11
th
amendment to the United States
constitution and shall be subject to and shall not supersede the provisions
of any appropriation act of this state.
Sec. 4. K.S.A. 39-928 is hereby amended to read as follows: 39-928.
Upon receipt of an application for license, the licensing agency with the
approval of the state fire marshal shall issue a license if the applicant is fit
and qualified and if the adult care home facilities meet the requirements
established under this law. The licensing agency, the state fire marshal, and
the county, city-county or multicounty health departments or their
designated representatives shall make such inspections and investigations
as are necessary to determine the conditions existing in each case and a
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written report of such inspections and investigations and the
recommendations of the state fire marshal and the county, city-county or
multicounty health department or their authorized agents shall be filed
with the licensing agency. The licensing agency and the state fire marshal
may designate and use county, city-county or multicounty health
departments and local fire and safety authorities as their its agents in
making such inspections and investigations as are deemed necessary or
advisable. Such local authorities are hereby authorized, empowered and
directed to perform such duties as are designated. A copy of any inspection
reports required by this section shall be furnished to the applicant.
A license, unless sooner suspended or revoked, shall remain in effect
upon filing by the licensee, and approval by the licensing agency and the
state fire marshal or their duly authorized agents, of an annual report upon
such uniform dates and containing such information in such form as the
licensing agency prescribes and payment of an annual fee. Each license
shall be issued only for the premises and persons named in the application
and shall not be transferable or assignable. It shall be posted in a
conspicuous place in the adult care home. If the annual report is not so
filed and annual fee is not paid, such license is automatically canceled.
Any license granted under the provisions of this act shall state the type of
facility for which license is granted, number of residents for which
granted, the person or persons to whom granted, the date and such
additional information and special limitations as are deemed advisable by
the licensing agency.
Sec. 5. K.S.A. 39-929 is hereby amended to read as follows: 39-929.
A provisional license may be issued to any adult care home, the facilities
of which are temporarily unable to conform to all the standards,
requirements, rules and regulations established under the provisions of this
act: Provided, however, That the issuance of such provisional license shall
be approved by the state fire marshal. A provisional license may be issued
to provide time to make necessary corrections for not more than six (6)
months. One additional successive six-month provisional license may be
granted at the discretion of the licensing agency. A change of ownership
during the provisional licensing period will not extend the time for the
requirements to be met that were the basis for the provisional license nor
entitle the new owner to an additional provisional license.
Sec. 6. K.S.A. 39-938 is hereby amended to read as follows: 39-938.
Adult care homes shall comply with all the lawfully established
requirements and rules and regulations of the secretary for aging and
disability services and the state fire marshal, and any other agency of
government so far as pertinent and applicable to adult care homes, their
buildings, operators, staffs, facilities, maintenance, operation, conduct, and
the care and treatment of residents. The administrative rules and
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regulations of the state board of cosmetology and of, the Kansas board of
barbering and the state fire marshal shall not apply to adult care homes.
Sec. 7. K.S.A. 39-2005 is hereby amended to read as follows: 39-
2005. All pertinent laws of this state and lawfully adopted ordinances and
rules and regulations shall be strictly complied with in the operation of any
center, facility, hospital or provision of services in this state. All centers,
facilities, hospitals and providers shall comply with all the lawfully
established requirements and rules and regulations of the secretary and the
state fire marshal, and any other agency of government so far as pertinent
and applicable to such centers, facilities, hospitals and providers, their
buildings, staff, facilities, maintenance, operation, conduct and the care
and treatment of individuals. Administrative rules and regulations adopted
by the state fire marshal shall not apply to disability service providers as
defined in K.S.A. 39-2002, and amendments thereto.
Sec. 8. K.S.A. 39-2008 is hereby amended to read as follows: 39-
2008. (a) Upon receipt of an initial or renewal application for a license, the
licensing agency, with the approval of the state fire marshal, shall issue a
license if the applicant is fit and qualified and if the center, facility,
hospital or provider meets the requirements established under this act and
such rules and regulations as are adopted under the provisions of this act.
The licensing agency, the state fire marshal and the county, city-county or
multi-county health departments or their designated representatives shall
make such inspections and investigations as are necessary to determine the
conditions existing in each case, and a written report of such inspections
and investigations and the recommendations of the state fire marshal and
the county, city-county or multi-county health department or their
authorized agents shall be filed with the licensing agency. A copy of any
inspection report required by this section shall be furnished to the
applicant.
(b) The initial application for licensure and renewal of licensure fees
for a license shall be fixed by the secretary by rules and regulations. The
initial application for licensure fee shall be paid to the secretary when the
license is applied for and annually thereafter. The fee shall not be
refundable. Fees in effect under this subsection immediately prior to the
effective date of this act shall continue in effect on and after the effective
date of this act until a different fee is established by the secretary by rules
and regulations.
(c) Each license shall be issued only for the premises or providers
named in the application, or both, and shall not be transferable or
assignable. The license shall be posted in a conspicuous place in the
center, facility, hospital or provider's principal location. If the annual report
is not so filed and a renewal of licensure fee, if any, is not paid, such
license shall be automatically denied or revoked. Any license granted
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under the provisions of this act shall state the type of facility or service for
which the license is granted, the number of individuals for whom granted,
the person or persons to whom granted, the date and such additional
information and special limitations deemed appropriate by the licensing
agency.
(d) A license, unless sooner suspended or revoked, shall remain in
effect until the date of expiration specified by the secretary. Licensees
seeking renewal shall file a renewal application containing such
information in such form as the licensing agency prescribes together with
payment of any required annual fee. Upon review and approval by the
licensing agency and the state fire marshal or their duly authorized agents,
a license shall be issued and effective until the date of expiration.
(e) (1) Programs and treatments provided by a community mental
health center that have been previously licensed by the secretary for aging
and disability services and that have also been accredited by the
commission on accreditation of rehabilitation facilities or the joint
commission, or another national accrediting body approved by the
secretary for aging and disability services, shall be granted a license
renewal based on such accreditation.
(2) The Kansas department for aging and disability services shall
inspect accredited community mental health centers to determine
compliance with state licensing standards and rules and regulations not
covered by the accrediting entity's standards. Community mental health
centers receiving accreditation shall continue to be subject to inspections
and investigations by the Kansas department for aging and disability
services resulting from complaints.
Sec. 9. K.S.A. 39-2012 is hereby amended to read as follows: 39-
2012. A provisional license may be issued to any center, facility, hospital
or provider which that is temporarily unable to conform to all the
standards, requirements and rules and regulations established under the
provisions of this act. The issuance of such provisional license shall be
subject to approval by the state fire marshal. A provisional license may be
issued for not more than six months to provide time to make necessary
corrections. One additional successive six-month provisional license may
be granted at the discretion of the licensing agency. A change of ownership
during the provisional licensing period will not extend the time for the
requirements to be met that were the basis for the provisional license, nor
entitle the new owner to an additional provisional license.
Sec. 10. K.S.A. 39-925, 39-928, 39-929, 39-938, 39-2005, 39-2008
and 39-2012 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
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