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KAR 28-51-103 — Organization and administration

KansasregulationKansas Department of Health and Environment· effective 2022-05-20

What this rule requires your agency to do

  • 1Each agency must provide abuse/neglect/exploitation recognition training at hire/contract and annually (documented in each file), maintain written reporting policies, and immediately report reasonable-cause suspicions of abuse, neglect, or exploitation pursuant to K.S.A. 39-1431 (subsection (g)).(KAR 28-51-103 — Organization and administration)
  • 2Current personnel records must be maintained for each employee including title, signed/dated job description, licensure/certification evidence, performance evaluations (within 6 months of hire and annually), pre-employment reference checks, and a health record with self-history, physician/RN health assessment, and two-step TB test before client contact (subsection (d)).(KAR 28-51-103 — Organization and administration)
  • 3The administrator must reside within the service area and meet the applicable qualification standard (home health/HCBS: 21+, baccalaureate, plus experience/licensure track; supportive-care-only: 21+, 1 year experience, plus degree or approved certificate) (subsections (b)(2)-(4)).(KAR 28-51-103 — Organization and administration)
  • 4Provisionally-hired applicants (one-time, up to 60 days pending KDADS results) must be supervised by an employee who has completed all required federal, department, and agency training (subsection (e)).(KAR 28-51-103 — Organization and administration)
  • 5Each employee's file must contain a copy of the KDADS eligibility-determination request and the results of the state and national criminal history record check and any registry findings pursuant to K.S.A. 65-5117 (subsection (d)(8)-(9)).(KAR 28-51-103 — Organization and administration)
  • 6An alternate administrator meeting all administrator requirements must be available whenever the administrator is not and assume all administrator duties in the administrator's absence (subsection (c)).(KAR 28-51-103 — Organization and administration)
  • 7The administrator must organize/direct agency functions, employ qualified personnel per job descriptions, maintain personnel and administrative records, provide new-staff orientation plus in-service and continuing education, and ensure each patient/client receives the written bill of rights (K.A.R. 28-51-111) (subsection (b)(1)).(KAR 28-51-103 — Organization and administration)
  • 8Each agency must have a governing body with legal authority to operate that maintains annually-renewed bylaws/operating agreement, employs a qualified administrator and alternate administrator, and discloses officers, directors, owners, and each ownership interest of 5% or more to the department (subsection (a)).(KAR 28-51-103 — Organization and administration)

Applies to: personal care

Sets governing-body, administrator, and alternate-administrator requirements for Kansas home health agencies, plus mandatory personnel-record contents (job descriptions, health assessments, TB testing, criminal-history checks), provisional-employment supervision rules, contractor-personnel contract terms, and abuse/neglect/exploitation training and reporting duties. Framework topic: Governance & Administration; Workforce Screening & Training.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.