| K.A.R. 28-51-103(a)(1) | Bylaws or operating agreement, renewed yearly A governing body with legal authority to operate the agency, with bylaws or an operating agreement renewed annually (KDHE wants a complete, dated and signed copy). |
| K.A.R. 28-51-103(a)(2) | Employ an administrator and alternate The governing body employs a qualified administrator and alternate administrator. |
| K.A.R. 28-51-103(a)(3) | Governing body adopts and revises policies The governing body adopts, revises and approves the agency’s policies and procedures as needed. |
| K.A.R. 28-51-103(a)(4)-(6) | Ownership and history disclosures Give KDHE the name and address of each officer, director and owner; disclose corporate ownership interests of 5% or more; disclose past home health agency ownership or management (name, location, current status). |
| KDHE Instruction Guide, Governing Body (2) | Policy on adopting and revising policies KDHE checklist item: a policy on how the agency adopts, revises and approves its policies. |
| KDHE Instruction Guide, Administrators | Written appointment of the administrators KDHE checklist item: the governing body appoints the administrator in writing; the alternate is appointed by the governing body or chosen by the administrator. Evidence of both appointments is uploaded. |
| KDHE Instruction Guide, Personnel Policies (6)-(7) | Organizational chart and staff roster KDHE checklist item: an organizational chart and a staff roster (name, license if any, position, status, hire date). |
| K.A.R. 28-51-104(e) | Keep a copy of every policy Keep a copy of each policy and all policies and procedures the article requires. |
| KDHE Instruction Guide, Additional Help | Show board approval on submitted policies KDHE checklist expectation: policies on the agency’s letterhead, under its licensed name, Kansas-specific, and clearly approved by the governing board and in effect. |
| K.A.R. 28-51-103(b)(1) | Administrator responsibilities Organize and direct operations; liaise between governing body and staff; employ qualified staff to job descriptions; provide written personnel policies and job descriptions; keep records and policies; provide orientation and in-service; complete required reports; give each client the bill of rights in writing. KDHE wants these in the job description and in policy or the appointment letter. |
| K.A.R. 28-51-103(b)(4) | Administrator qualifications At least 21; one year as an employee of a home health agency or related health care service; a bachelor’s or associate degree or a KDHE-approved administrator course certificate. Proof (resume, transcripts or certificates) goes to KDHE. |
| K.A.R. 28-51-103(b)(2); KDHE Instruction Guide, Governing Body (6)-(7) | Administrator lives in the service area The administrator resides within the service area; KDHE asks for evidence that the administrator and alternate live within 200 miles of the parent office. |
| K.A.R. 28-51-103(c) | Alternate covers absences The alternate administrator meets all the administrator’s requirements, is available whenever the administrator is not, and takes over all duties then. |
| K.A.R. 28-51-101(e) | Report administrator changes in 5 days Notify KDHE in writing within five days of a change of administrator or alternate, with name, address and qualifications. |
| K.A.R. 28-51-103(b)(1)(F) | Orientation and in-service education Orientation for new staff, regularly scheduled in-service education, and opportunities for continuing education. |
| K.A.R. 28-51-103(b)(1)(D) | Written personnel policies for all staff Written personnel policies and procedures and job descriptions made available to all employees. |
| K.A.R. 28-51-103(b)(1)(H) | Every client gets the bill of rights in writing The administrator ensures every client admitted receives the bill of rights in writing. |
| K.A.R. 28-51-101(d)(2); 28-51-104(b) | Only the services on the application Offer only the supportive care services named on the initial or renewal application. |
| K.A.R. 28-51-101(b); K.S.A. 65-5104(b)-(c) | Renew every year File the renewal application (annual report), attestation and fee at least 30 days before expiry, with a statement of changes; the license is canceled automatically 30 days after the expiration date without them. |
| K.A.R. 28-51-101(l) | Stay "in-operation" Serve at least 5 clients in the past 12 months and 1 in the latest 3 months to be eligible to renew. |
| K.A.R. 28-51-101(f) | Tell KDHE before moving or changing phone Notify KDHE before establishing a new parent office location or changing the phone number. |
| K.A.R. 28-51-101(g) | Name or address change in 5 days Notify KDHE in writing within five days of a change of address or name and return the old license for an amended one (KDHE uses an amended application with a letter of intent). |
| K.A.R. 28-51-101(h); K.S.A. 65-5104(e) | Change of ownership A new owner files a license application (before the effective date under the statute) and may request a temporary operating permit. |
| K.A.R. 28-51-101(k)(1), (4)-(5) | Closure notice Written notice to KDHE at least 30 days before closing with the reason, date, record location and custodian; mail the license back on the last day of service; do not operate after the closing date. |
| K.A.R. 28-51-101(k)(3) | Clients on closure If closing with current clients, notify each client and guardian, make a discharge or transfer plan, and send a copy of the client record to the receiving agency. |
| K.A.R. 28-51-101(k)(2); 28-51-110(d) | Keep records after closing Arrange for client records to be kept if the agency closes. |
| K.S.A. 65-5104(d) | Post the license Post the license in a conspicuous place in the main office. |
| K.S.A. 65-5104(e) | Statistical reports Submit the statistical reports KDHE requires. |
| K.A.R. 28-51-101(i) | Records to surveyors within 30 minutes Produce client records and administrative records (complaints, meeting minutes, quality assurance and annual program review documents) within 30 minutes of a surveyor’s request. |
| K.A.R. 28-51-101(i) | Accurate information to surveyors Give KDHE accurate and truthful information during inspections. |
| K.S.A. 65-5105(b) | Let surveyors in Allow KDHE surveyors onto the premises during normal business hours. |
| K.A.R. 28-51-101(c) | Plans of correction Submit an acceptable plan of correction for any deficiencies cited at an inspection. |
| K.S.A. 65-5106 | Survey report copies on request Give anyone who asks a copy of the latest survey report and related documents for a reasonable copying charge. |
| K.A.R. 28-51-104(d)(2) | Documents kept for surveyors Keep a client record for each client and personnel records showing training, qualifications, evaluations and background check clearance, available to surveyors. |
| K.A.R. 28-51-100(hh) | Parent office staffed in posted hours A parent office with a local street address and phone, continuously staffed during posted and advertised hours; no PO box. |
| K.A.R. 28-51-100(hh) | Post office hours Post office hours conspicuously for public view. |
| K.A.R. 28-51-101(m) | Serve only within the service area Serve clients only within 200 miles of the parent office (service area exceptions are for home health services only). |
| K.A.R. 28-51-104(a) | Accept only clients whose needs can be met Serve a client only when the agency reasonably expects to meet the client’s needs adequately at home. |
| K.A.R. 28-51-117(a); 28-51-104(c)(3)(A) | Written admission criteria A written admission criteria policy consistent with the statutory definition of supportive care services and K.A.R. 28-51-117 (KDHE: "A Policy for Client Acceptance/Admission Criteria"). |
| K.A.R. 28-51-117(b); 28-51-104(c)(3)(B) | Scope of practice and training of workers Written policies describing the supportive care worker’s scope of practice, consistent with the statutory definition and 28-51-117, and the training each worker needs. |
| K.A.R. 28-51-104(c)(3)(E) | Policy on providing supportive care Written policies and procedures on how supportive care services are provided (KDHE: "A Policy for Provision of Services"). |
| K.A.R. 28-51-104(c)(3)(C) | Manager assesses each client The manager assesses each client and uses it to develop the plan of care (KDHE wants the policy and the assessment template). |
| K.A.R. 28-51-100(b) | Admission note by the manager A dated admission note after the initial assessment, by the manager, covering diagnoses, health history, home environment and safety, nutrition, medications and treatments, functional status and physical and mental functioning. |
| K.A.R. 28-51-100(pp)(2) | Plan of care by the manager The manager develops a written plan of care from the client’s status and immediate and long-range needs. |
| K.A.R. 28-51-104(c)(3)(F) | Plan reviewed every 60 days The manager reviews each plan of care at least every 60 days. |
| K.A.R. 28-51-104(c)(3)(D) | Training to deliver the plan of care Train managers and workers to deliver the plan of care, including competency in communication (hearing loss, dementia), observation and documentation, infection control, body functions and reporting changes, a clean and safe environment, emergencies, clients’ needs, respect and privacy, and hygiene and grooming. KDHE asks for the training documents or templates. |
| K.A.R. 28-51-104(c)(3)(G); 28-51-100(rr) | Progress notes Progress notes for each visit (worker, date and time, service, response, functional status, next visit), signed by the client, kept in the client record. |
| K.A.R. 28-51-100(rr)(2) | Client signs each progress note Notes are clear and specific, compare functional status with other visits, and are signed by the client. |
| K.A.R. 28-51-104(c)(3)(H) | No medication set-up or administration Policies stating that workers do not set up medications or give medication administration (KDHE: "A Policy regarding Medications and administration"). |
| K.A.R. 28-51-104(c)(3)(I) | Staff keep the manager informed Everyone serving the same client keeps in touch with the manager so all services support the plan of care (KDHE: "A Policy for Communication to support the plan of care"). |
| K.A.R. 28-51-104(c)(3)(J); 28-51-100(gg) | Manager on call A manager on call to help staff whenever supportive care services are provided. |
| KDHE Instruction Guide, Provision of Services (7) | On-call policy KDHE checklist item: a written on-call policy. |
| K.A.R. 28-51-104(c)(3)(K) | Manager visits each client every 3 months The manager visits each client every three months to supervise each supportive care worker. |
| K.A.R. 28-51-117(e) | On-site supervision with client satisfaction Employ a manager available to workers at all times; supervise each worker on site at least every three months, including client satisfaction and adherence to the plan of care. |
| KDHE Instruction Guide, Supervision (1) | Supervision policy KDHE checklist item: a supervision policy covering the 3-monthly visits, client satisfaction and recording visit dates in the client record. |
| K.A.R. 28-51-117(f)(1)-(2) | Written assignments The manager writes assignments and instructions from the plan of care, covering procedures, when to report to the supervisor, and documenting each visit. |
| K.A.R. 28-51-117(f)(3) | Review assignments every 3 months The manager reviews written assignments every three months or sooner when the client’s status or needs change. |
| K.A.R. 28-51-117(g) | Assigned duties in written policy Written policies for workers covering the 16 task areas in 28-51-117(g): medication help, skin care, ambulation, bathing, dressing, exercise, feeding, hair care, mouth care, nail care, positioning, shaving, toileting, transfers, respiratory care, and masks and oxygen flow (KDHE: "A Policy for Assigned Duties"). |
| K.A.R. 28-51-117(g)(1) | Medication help limits Help only with medications preselected by the client, family, a nurse or a pharmacist into reminder containers marked with the day and time: ask whether they were taken, prompt, hand over the container, and open it if the client is physically unable. Applies to prescription and non-prescription medications. |
| K.A.R. 28-51-117(g)(1)(B) | Report medication errors to the manager Workers report immediately to the manager when medications are taken too often, not often enough or at the wrong time. |
| K.A.R. 28-51-117(g)(2) | Skin care Skin care only on unbroken skin with no active chronic skin problems; no medication, wound care or dressing changes. |
| K.A.R. 28-51-117(g)(3) | Ambulation Help with walking for a client who can balance and bear weight, if a qualified health professional has found the client independent with an assistive device. |
| K.A.R. 28-51-117(g)(4) | Bathing Help with bathing; a client whose wounds need bandage changes around bathing must be served by an agency licensed for home health services. |
| K.A.R. 28-51-117(g)(5) | Dressing Ordinary clothing and over-the-counter support stockings only; no elastic bandage wraps or prescription anti-embolic or pressure stockings. |
| K.A.R. 28-51-117(g)(6) | Exercise Normal body movement as tolerated; no help with exercise prescribed by a professional, though workers may encourage the client to follow it. |
| K.A.R. 28-51-117(g)(7) | Feeding Only if the client chews and swallows without difficulty and stays upright; no syringe, tube or IV feeding; high choking or aspiration risk means a licensed home health agency. |
| K.A.R. 28-51-117(g)(8) | Hair care Shampoo not needing a prescription, drying, combing and styling. |
| K.A.R. 28-51-117(g)(9) | Mouth care Denture care and basic oral hygiene; not for clients who are unconscious, have swallowing difficulty, choking or aspiration risk, or recent mouth surgery. |
| K.A.R. 28-51-117(g)(10) | Nail care Soaking, pushing back cuticles without utensils and filing; no nail trimming. |
| K.A.R. 28-51-117(g)(11) | Positioning Simple alignment in bed, wheelchair or other furniture if the client can indicate when a change is needed; not if skin care is needed with it. |
| K.A.R. 28-51-117(g)(12) | Shaving Electric or safety razor only. |
| K.A.R. 28-51-117(g)(13) | Toileting To and from the bathroom; bedpans, urinals, commodes; incontinence hygiene and pads; emptying catheter and ostomy bags; no catheter insertion or removal, external catheter care, suppositories or enemas. |
| K.A.R. 28-51-117(g)(14) | Transfers By written assignment, for clients with enough balance and strength to stand, pivot and assist; no transfer at all, with or without a lift, for a client who is unable to assist with it. Adaptive equipment only if worker and client are trained and the client or family can direct the transfer; gait belts with training. |
| K.A.R. 28-51-117(g)(14) | Lift-device transfersif workers assist with lift-device transfers Only workers with training and demonstrated competency assist a transfer involving a lift device, and only for a client who can still assist with the transfer (the draft rewrite would remove this task). |
| K.A.R. 28-51-117(g)(15) | No respiratory care Respiratory care is skilled and not performed by supportive care workers. |
| K.A.R. 28-51-117(g)(16) | Masks and oxygen flowif the agency serves clients who use oxygen Remove and replace a cannula or mask to wash or shave; set oxygen flow by written instructions when changing tanks only after specific training and demonstrated competency. |
| K.A.R. 28-51-105(e) | No nursing services A supportive-care-only agency provides no nursing services (KDHE asks for a "Nursing Services (not providing)" policy). |
| KDHE Instruction Guide, Non-Skilled (2); Provision of Services (10) | Policy stating nursing is not provided KDHE checklist item: a nursing services policy saying the agency does not provide nursing. |
| K.S.A. 65-5116(b); KDHE Instruction Guide, Non-Skilled (1) | No prefilling insulin syringes No unlicensed employee prefills insulin syringes; KDHE asks for a policy on it. |
| K.A.R. 28-51-117(c) | Competency before working alone, re-checked yearly Each worker demonstrates competency before serving a client without the manager present and is re-evaluated annually in 10 areas, including the clients’ bill of rights and use of equipment (KDHE wants the policy and competency checklist template). |
| K.A.R. 28-51-117(d) | Annual ongoing training, documented Ongoing training for managers and workers at least annually, on the services provided and equipment used, with subject and date in each file. |
| K.A.R. 28-51-117(c)(6); 28-51-104(c)(3)(D)(vi) | Emergency procedures Workers are trained and checked on recognizing emergencies and on the agency’s emergency procedures, so the agency needs written emergency procedures. |
| K.A.R. 28-51-117(c)(3) | Basic infection control Workers are trained and checked on basic infection control procedures. |
| K.A.R. 28-51-110(a) | A client record for each client Keep a client record with pertinent past and current findings, to accepted professional standards (KDHE wants policies on client records, contents, retention, safeguarding, use and release, admission notes, service documentation, progress notes, supervision and discharge summaries). |
| K.A.R. 28-51-110(c) | What the client record contains Plan of care; name of the client’s physician, NP, CNS or PA; physician orders for drugs, diet, treatment and activity; signed and dated admission notes; services with check-in and check-out times and confirmation; progress notes; supervision visit dates; discharge summary. |
| K.A.R. 28-51-110(c)(5) | Visit times and confirmation of service Record the services given, the worker’s check-in and check-out times, and a confirmation that services were provided. |
| K.A.R. 28-51-110(c)(7) | Supervision visit dates in the record Record the date of each on-site supervision visit in the client record. |
| K.A.R. 28-51-100(q)(2); 28-51-110(c)(8) | Discharge summary signed by the manager A concise discharge summary signed by the manager, showing the client’s response to the plan of care and final disposition at discharge. |
| K.A.R. 28-51-110(d) | Keep records 5 years Keep client records in retrievable form for at least five years after the last discharge. |
| K.A.R. 28-51-110(e) | Use, removal and release of records Written policies on using and removing documents from the client record and the conditions for releasing information. |
| K.A.R. 28-51-110(e) | Written consent to release The client’s or guardian’s written consent for any release not required by law; KDHE wants this sentence in the records policy. |
| K.A.R. 28-51-111(a) | Clients’ bill of rights (15 rights) The governing body establishes a bill of rights with the 15 listed rights, equally applicable to all clients (KDHE wants a client rights policy and the signed acknowledgment form). KDHE’s Instruction Guide for this license also lists the three K.A.R. 28-51-111(b) rights, written for patients, under Client Rights. |
| KDHE Instruction Guide, Client Rights (2); ANE (2) | Signed rights acknowledgement KDHE checklist item: a sample client rights form showing the client’s or representative’s signed and dated acknowledgement of receipt. |
| K.A.R. 28-51-111(a)(14) | KDHE complaint number in writing Tell clients in writing about KDHE’s toll-free complaint number. |
| K.A.R. 28-51-111(a)(10) | Grievances without reprisal Clients may voice grievances and suggest changes in services or staff without fear of reprisal or discrimination; the agency needs a way to receive and handle them. |
| K.A.R. 28-51-111(a)(11) | Policies and charges explained before care Before care, tell clients the agency’s policies and charges, third-party payment eligibility and how much the client may have to pay. |
| K.A.R. 28-51-111(a)(2), (6) | Client takes part in the plan of care Clients take part in planning their care, get instruction about it, and are told in advance of any change. |
| K.A.R. 28-51-111(a)(9) | Referral if services are denied A client denied services for any reason has the right to be referred to another home health agency. |
| K.A.R. 28-51-111(a)(15) | No restraints Clients have the right to be free from restraints at home; the manual bans restraint use by staff. |
| K.A.R. 28-51-111(a)(4)-(5) | Safe care and continuity Services only if the agency can give safe care at the intensity needed, and reasonable continuity of care (ties to staffing and caseload decisions). |
| K.A.R. 28-51-103(g)(1) | Abuse training at hire and yearly In-service on signs and symptoms of abuse, neglect and exploitation for employees and contractors at hire or contract and annually, documented in each personnel file (KDHE also wants a policy on this training). |
| K.A.R. 28-51-103(g)(2) | Written reporting process Written policies and procedures that include the process for reporting abuse, neglect and exploitation. |
| K.A.R. 28-51-103(g)(3) | Report immediately Report immediately when there is reasonable cause to believe a client is being or has been abused, neglected or exploited or needs protective services, under the agency’s policy and K.S.A. 39-1431. |
| KDHE Instruction Guide, Abuse, Neglect and Exploitation (1) | Every employee reports; definitions and KDHE number KDHE checklist item: the policy makes every employee responsible for reporting, explains how, quotes the K.S.A. 39-1430 definitions of abuse, neglect and financial exploitation, and names the KDHE hotline 1-800-842-0078. |
| K.S.A. 39-1431(a) | Mandated report to DCF The agency’s chief administrative officer promptly reports suspected abuse, neglect or financial exploitation of an adult, or need for protective services, to DCF (law enforcement when DCF is closed). |
| K.S.A. 39-1431(c) | What the report contains Reporter’s name and address; caretaker’s and adult’s names and addresses; nature and extent of the harm; next of kin if known; anything else helpful. |
| K.S.A. 39-1432(b) | No sanctions for reporting No firing or other sanction against an employee for reporting or cooperating with an investigation. |
| K.S.A. 39-1402(c) | Clients living in adult care homesif the agency serves clients who live in an adult care homeRecommended practice For a client who lives in an adult care home (for example assisted living), report suspected abuse to KDADS as K.S.A. 39-1402 provides (the 39-1431 duty does not cover these residents). Recommended practice. |
| K.S.A. 38-2223(a)(2), (c) | Suspected child abuseif the agency serves children or works in homes with childrenRecommended practice Report suspected child abuse or neglect to DCF, or law enforcement when DCF is closed. Supportive care staff are not on the mandatory list (licensed nurses are); the manual makes reporting agency policy. Recommended practice. |
| KDHE HHA Reporting Form (rev. 4/2018) | Investigation report to KDHERecommended practice KDHE’s form asks for the agency’s completed investigation with witness statements and corrective action within 5 working days. Not in the rule text; recommended practice. |
| K.A.R. 28-51-103(d) | Current personnel record for each employee Position title; signed, dated job description with qualifications; license or certification evidence and official transcripts for degrees; evaluations; reference checks; health record; KDADS eligibility request; check results and registry findings. |
| K.A.R. 28-51-103(d)(2) | Signed job descriptions A signed and dated job description with the position’s qualifications for each employee (KDHE wants job descriptions for administrator, alternate, manager, supportive care worker and every other role). |
| KDHE Instruction Guide, Personnel Policies (17) | Policy on personnel file contents KDHE checklist item: a policy stating what the agency keeps in a personnel file. |
| K.A.R. 28-51-103(d)(3); KDHE Instruction Guide, Personnel Policies (11) | Credential checks Evidence of license or certification where required, official transcripts for degrees (KDHE: a policy on validating credentials and licenses). |
| KDHE Instruction Guide, Personnel Policies (8)-(9) | Hiring and interviewing policies KDHE checklist items: hiring procedures and an interviewing policy (not in the rule text). |
| K.A.R. 28-51-103(d)(5) | Reference checks before employment Document reference checks before employment (KDHE wants a policy and template; KDHE reads "checks" as more than one). |
| K.A.R. 28-51-103(d)(4) | Evaluations at 6 months and yearly Performance evaluations within six months of employment and annually after. |
| K.A.R. 28-51-103(d)(6)(A)-(B) | Health history and assessment before client contact Self-reported health history, and a health assessment by a physician, NP, CNS, PA or RN certifying fitness for the job before working with clients. |
| K.A.R. 28-51-103(d)(6)(C) | Two-step TB skin test A current two-step TB skin test following CDC health care worker guidelines before working with clients (KDHE wants a TB policy and template). |
| K.A.R. 28-51-103(d)(7) | Periodic health assessments Periodic health assessments as the agency’s policy sets, and at least every two years or after a significant health event. |
| K.A.R. 28-51-103(d)(8) | KDADS request on file Keep a copy of the eligibility determination request sent to KDADS in each personnel record. |
| K.A.R. 28-51-103(d)(9) | Check results and registry findings on file Keep the state and national criminal history results and any state or national registry findings in each personnel record. |
| K.S.A. 65-5117(e) | Request a KDADS determination Request an eligibility determination about adult and juvenile convictions and adjudications from KDADS for each applicant. |
| K.S.A. 65-5117(b) | Do not employ prohibited persons No one with adverse registry findings or a prohibiting conviction or adjudication works for the agency, unless the six-year period has passed or KDADS grants a waiver. |
| K.A.R. 28-51-103(e); K.S.A. 65-5117(e) | Provisional employment, once, 60 days, supervised Provisional hire on a one-time basis for 60 calendar days pending KDADS results, supervised by an employee who has completed all required training (KDHE wants a provisional employment policy). |
| K.S.A. 65-5117(d)(3)-(4) | Fingerprints within 20 days when authorizedwhen KDADS requires a fingerprint-based check When KDADS requires fingerprints, the applicant submits them within 20 calendar days of authorization; the employer pays KDADS’s fee. |
| KDHE Instruction Guide, Background Checks (1)-(2) | Background check policy with the offense list KDHE checklist item: a background check policy showing checks are done under K.S.A. 65-5117 and including the current Kansas list of prohibited offenses. |
| KDHE Instruction Guide, Background Checks; K.S.A. 65-5117(a)(1), (a)(6) | Checks for agency and contract staffif the agency uses staffing agency or contract workers Workers supplied by staffing agencies or independent contractors are checked through KDADS too. |
| K.A.R. 28-51-103(f) | Written contracts with hourly or per-visit contractorsif the agency uses hourly or per-visit contractors A written contract with any individual or business working under hourly or per-visit arrangements, with the seven listed provisions (services by the agency, description, follow agency policies, plan of care participation, agency control and evaluation, progress notes and scheduling, charges and reimbursement). |
| KDHE Instruction Guide, Contracts (1) | Policy on contract personnel KDHE checklist item: a policy on hourly or per-visit contract personnel that includes all seven required elements. The checklist lists it with no exception and says no item may be left “Not Applicable”, so by our reading every applicant needs one, even one that uses only employees. |