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Kansas · Home health agency surveys · K.S.A. 65-5104 to 65-5108; K.A.R. 28-51-101
KDHE licenses a Kansas supportive care agency after reviewing the documents you upload, and the statute also speaks of a survey inspection before licensing. After that, a license stays in effect only with an on-site survey at least every 36 months, and KDHE may survey at other times. Here is what a surveyor can ask for, how findings and plans of correction work, how complaints are investigated, and what KDHE’s drafted rewrite would change.
Quick answer
Before your first license, KDHE reviews the policies and files you upload: "When all required documents have been reviewed and meet the requirements, KDHE will issue a license and notify you of your license approval." KDHE application The statute says a license goes to applicants approved "after a survey inspection", K.S.A. 65-5104(a) and we could not confirm whether KDHE visits a new supportive care agency first.
After licensing, a license stays in effect only with "an on-site survey conducted at least once every 36 months subsequent to any previous survey inspection", K.S.A. 65-5104(b)(2) and KDHE may make other surveys during normal business hours. K.S.A. 65-5105(a) Records go to the surveyor within 30 minutes of a request. K.A.R. 28-51-101(i) For any deficiency, you send KDHE an acceptable plan of correction. K.A.R. 28-51-101(c)
KDHE surveys
Checked against official sources on October 2, 2026.
5 working days
Time KDHE’s reporting form gives for your abuse investigation report
KDHE HHA Reporting FormKDHE describes its own role plainly. Its Bureau of Facilities and Licensing handles applications, renewals and surveys. KDHE Letter of Introduction KDHE adds: "State level survey is required to be compliant with KDHE and maintain HHA licensure." Two Options, Option 2
What the statute says. KDHE "shall issue a license to applicants who have complied with the requirements of this act and have received approval of the secretary after a survey inspection". K.S.A. 65-5104(a) In the rules, "inspection" "means either an investigation in response to a complaint or an on-site survey of a home health agency by the department". K.A.R. 28-51-100(v)
What KDHE’s application describes. A document review in KDHE’s file transfer system, ending with the license when every document meets the requirements. KDHE application It does not mention a visit before licensing. Every step of the application: the Kansas license application.
Where the sources are silent. We found no KDHE statement on whether a new supportive care agency gets an on-site survey before or after its first license, when the first survey after licensing happens, or whether it needs clients on service by then. We found no KDHE processing time, survey tool or list of common deficiencies either. Ask KDHE what to expect for your agency.
You email KDHE the application, the attestation form, both release of information forms and your ownership attachments, and pay KDHE’s fee online. In the attestation you confirm you understand that KDHE may survey at any time during normal business hours.
Once KDHE has the application and fee, it emails a login to its document transfer system, where you upload your policies, templates and personnel files.
When every document is uploaded, you file a signed, dated "Begin Review Process" statement on letterhead in the Misc. folder. Review does not start until KDHE receives it.
A KDHE reviewer emails you about missing items and clarifications. KDHE issues the license when every required document meets the requirements.
The statute says a license goes to applicants approved after a survey inspection. KDHE’s application describes only the document review. We could not confirm whether KDHE visits a new supportive care agency before licensing it.
No one may provide supportive care services before being issued a license. From then on, the license stays in effect only with an on-site survey at least every 36 months.
The administrator or alternate administrator provides client records and administrative records "to the department surveyor within 30 minutes of a request from the surveyor". K.A.R. 28-51-101(i) What that covers:
| Record | What the rule says | Source |
|---|---|---|
| Client records | All client records, including each visit’s check-in and check-out times and the confirmation that services were provided. | K.A.R. 28-51-101(i), -110(c)(5) |
| Administrative records | All administrative records, including all complaints, meeting minutes, quality assurance and annual program review documents. | K.A.R. 28-51-101(i) |
| Personnel records | For each employee: all training received, qualifications, performance evaluations and evidence of background check clearance, available to a surveyor on request. | K.A.R. 28-51-104(d)(2) |
| Accurate answers | The licensee gives KDHE accurate and truthful information during inspections. | K.A.R. 28-51-101(i) |
| If you need longer | KDHE may extend the 30 minutes at its discretion. The rule does not say how to ask. | K.A.R. 28-51-101(i) |
Client records are kept for at least five years after the client’s last discharge, K.A.R. 28-51-110(d) so by our reading a surveyor may ask for records of former clients too. The rule does not say whether records must be kept at the office or may be electronic, as long as you can produce them within the time.
Our practical suggestions, not rule text. Each card links the source it helps you meet and the CareRulebook manual policy that covers it.
Thirty minutes is not long. Keep a one-page index of where client records, personnel files, complaints, meeting minutes, quality assurance and annual program review documents are kept, paper or electronic, and who can open them.
K.A.R. 28-51-101(i)Manual: Policy 1.6
The rule puts the duty to produce records on the administrator or alternate administrator. Your office must also be staffed during the hours you post and advertise.
K.A.R. 28-51-101(i), -100(hh)Manual: Policy 1.4
Complaints are named in the records a surveyor can ask for, and each client is told in writing about KDHE’s toll-free complaint number.
K.A.R. 28-51-101(i), -111(a)(14)Manual: Policy 6.3
KDHE told providers that whatever format an agency uses to confirm services, it must be able to provide evidence during a survey. Clients sign each visit’s progress note to confirm the service.
KDHE answers, April 2026, p. 4; K.A.R. 28-51-100(rr)Manual: Policy 5.1
Training, qualifications, evaluations and background check clearance, plus the health assessment and two-step TB test needed before client contact, and the competency check needed before a worker serves a client without the manager present.
K.A.R. 28-51-104(d)(2), -103(d)Manual: Policy 2.1
KDHE says that, through surveys, it has found that blending services under one license often leads to noncompliance. A supportive care agency offers only the services on its application and no nursing of any kind.
KDHE answers, April 2026, p. 8; K.A.R. 28-51-101(d)(2)Manual: Policy 4.2
The policies themselves, folder by folder: Kansas policies and procedures. What goes in each worker’s file before hire: Kansas caregiver background checks.
The statute sets out what happens after every survey inspection. K.S.A. 65-5106
| Step | What the statute or rule says | Source |
|---|---|---|
| Written report | After each survey KDHE prepares a written report of its findings, with a list of deficiencies. Each deficiency must name the statute or regulation the agency is said to have broken. | K.S.A. 65-5106 |
| Exit interview | An exit interview is held when the agency’s representative and the inspector jointly sign the preliminary survey report, a copy of which is left with the agency. | K.S.A. 65-5106 |
| Final record of deficiencies | The preliminary report is the final record of deficiencies from that inspection. No extra deficiencies based on what was found during that inspection may be added later. | K.S.A. 65-5106 |
| Plan of correction | A written document you write and send to KDHE to address noncompliance found during an inspection. A license is issued or renewed only if you are in substantial compliance and send an acceptable plan for any deficiencies cited. | K.A.R. 28-51-100(qq), -101(c) |
| Copies for the public | On request, you give anyone a copy of your latest survey report and related documents, for a reasonable copying charge. | K.S.A. 65-5106 |
By our reading, the exit interview is the moment to make sure every deficiency on the preliminary report is listed accurately and names its rule, because that report is the final record for the inspection.
A plan of correction is a "written document developed by a licensee and submitted to the department to address noncompliance found during an inspection". K.A.R. 28-51-100(qq) It matters at every license decision. A license is issued or renewed only if the applicant is in substantial compliance, and "The applicant shall submit an acceptable plan of correction for any deficiencies cited during an inspection." K.A.R. 28-51-101(c) Since an inspection includes a complaint investigation, by our reading a deficiency cited after a complaint needs a plan too.
Where the rules are silent. They set no deadline for the plan, no format and no time to complete corrections, and say nothing about what makes a plan acceptable. Ask KDHE when you receive the report.
Our suggestions. Write one entry per deficiency with what you did or will do, who is responsible and a real completion date. Keep the evidence of each correction with the plan, and update the policy or form the deficiency touched. If a deficiency stems from a policy, have the governing body approve the revised policy, as KDHE asks for every submitted policy. KDHE Instruction Guide
CareRulebook
CareRulebook’s Kansas manual includes Policy 1.6, Surveys, records for surveyors and plans of correction: letting surveyors in, records within 30 minutes, the exit interview and preliminary report, plans of correction and survey report copies, with a survey-day checklist, a survey log, a plan of correction worksheet and a survey report request log. Every other policy KDHE’s 13 folders ask for comes with it.
$199CareRulebook founding price for the first 50 Kansas agencies, then $249. Not a KDHE fee.
A plan of correction is the usual answer to a finding. For completeness, here is what the Act allows beyond it. An agency refused a license, or whose license is suspended or revoked, may request a hearing under the Kansas Administrative Procedure Act. K.S.A. 65-5108(b)
KDHE refuses, suspends or revokes a license for failure to substantially comply with the Act or rules, or for obtaining it by fraud, misrepresentation or concealment. The agency may request a hearing under the Kansas Administrative Procedure Act.
Failing to let KDHE’s surveyors onto the premises during normal business hours is grounds for denial, suspension or revocation.
KDHE may also ask the district court for an injunction to stop an agency continuing a violation of the Act.
Violating any provision of the Home Health Agency Act is a class B misdemeanor. An agency found operating without a license is offered a 60-day temporary license while it applies, and a fine is assessed if it fails to obtain licensure within 30 calendar days.
The Kansas rules for supportive care agencies set no civil penalty schedule for deficiencies that we could find.
Drafted · not published · not in force
KDHE has drafted a full rewrite of K.A.R. 28-51 and published a summary of changes on September 8, 2025. Summary of Changes Guide KDHE’s draft rewrite of K.A.R. 28-51 must still go through formal public comment; KDHE says it will tell agencies when the Notice of Public Hearing appears in the Kansas Register. None was found by October 2, 2026. Summary of Changes Guide, Introduction The new Kansas Register site, rules.ks.gov, blocks automated access with a captcha, so we could not search it directly; we checked KDHE’s news page and the Secretary of State’s future effective regulations page instead. Future Effective Regulations The parts that touch surveys:
In April 2026 KDHE said the proposed regulations were in the early phases of the process and that it would give an implementation period suited to the final changes. KDHE answers, April 2026, p. 18
To comment: KDHE invites feedback through its Regulation Revision Suggestions Survey, linked on the Non-Medical Supportive Care Services page (Regulations & Resources). Formal comments open when the Notice of Hearing is published in the Kansas Register.
The drafted rewrite on the Kansas guide →Rule change tracker
It depends. It is not clear. The statute says KDHE issues a license to applicants who comply and are approved after a survey inspection. KDHE’s application describes a document review: you upload your policies and files, and KDHE issues the license when every required document meets the requirements. We found no KDHE statement that it visits a new supportive care agency before licensing it. Keep your office, forms and files ready for a visit either way, and ask KDHE.
"shall issue a license to applicants who have complied with the requirements of this act and have received approval of the secretary after a survey inspection"
No. Thirty-six months is the longest a license can stay in effect without an on-site survey. KDHE may make other surveys during normal business hours, an inspection can also be a complaint investigation, and refusing entry is grounds for denial, suspension or revocation. The rules do not say whether surveys are announced.
"In addition to the survey inspection required for licensing or for a license to remain in effect, the secretary may make other survey inspections during normal business hours."
No. No one may provide supportive care services before being issued a license, and operating without one is a class B misdemeanor. An agency found operating unlicensed is offered a 60-day temporary license while it applies, but that is enforcement, not a route to start early.
"No person shall provide home health services, HCBS, or supportive care services before the person is issued a license."
It depends. The rules do not say. The parent office needs a local street address and phone, must be staffed continuously during posted and advertised office hours with the hours posted for public view, and cannot be a PO box. KDHE says staffing the office in those hours gives clients an avenue to address their needs. Whether a residence meets this, and local zoning, is something to confirm with KDHE and your city.
"Each parent office shall have a local street address with a local telephone number and shall be continuously staffed during posted and advertised office hours."
It is unclear. K.S.A. 65-5104(a) says KDHE issues a license to applicants who comply and have been approved after a survey inspection. KDHE’s application describes a document review: you upload your policies and files, file a "Begin Review Process" letter, and KDHE issues the license when every required document meets the requirements. We found no KDHE statement that it visits a new supportive care agency first. Keep your office, forms and files ready for a visit either way, and ask KDHE.
A license stays in effect only if an on-site survey at least once every 36 months, counted from the previous survey, shows the agency is in compliance. KDHE may also make other surveys during normal business hours, and an inspection in the rules includes complaint investigations. The rules do not say whether surveys are announced.
The rule names the records: the administrator or alternate administrator gives the surveyor all client records and all administrative records, including complaints, meeting minutes, quality assurance and annual program review documents, within 30 minutes of a request. Personnel records showing training, qualifications, evaluations and background check clearance must also be available. KDHE has not published a survey checklist or a list of common deficiencies that we could find.
An exit interview, at which your representative and the inspector jointly sign a preliminary survey report. That report is the final record of deficiencies from the inspection, and no extra deficiencies based on what was found then can be added later. KDHE also prepares a written report listing each deficiency with the statute or regulation it breaks.
The rules do not say. They define a plan of correction as a written document you write and send to KDHE to address noncompliance found during an inspection, and say a license is issued or renewed only if you are in substantial compliance and send an acceptable plan for any deficiencies cited. Ask KDHE for its deadline and format when you receive the report, and keep a copy with the evidence of each correction.
Anyone. The statute routes complaints through the complaint hotline maintained by KDADS, and says that if KDHE decides after investigating that the charges warrant a hearing on suspending or revoking the license, it gives the agency a copy of the complaint and at least 20 days’ notice of the hearing. Your clients must be told in writing about KDHE’s toll-free complaint number, and KDHE’s instruction guide names its abuse, neglect and exploitation complaint hotline, 1-800-842-0078, for your abuse policy.
KDHE’s drafted rewrite would require an administrator to be on site during inspections, let KDHE use an authorized designee such as a contractor to inspect, and add written rules for abuse investigations reported to KDHE on its form within five business days. These are drafts, not rules in force. We found no Notice of Public Hearing by October 2, 2026, though we could not search the new Kansas Register site directly.
Yes. Policy 1.6, Surveys, records for surveyors and plans of correction, covers letting surveyors in, producing records within 30 minutes, accurate information, the exit interview and preliminary report, plans of correction, survey report copies and complaints, with a survey-day checklist, a survey log, a plan of correction worksheet and a survey report request log.
KDHE has drafted a full rewrite of the home health agency rules, K.A.R. 28-51, including an administrator on site for inspections and new abuse investigation duties. Leave your email and we will tell you when it is formally proposed, or when another Kansas change affects your surveys or your policies.
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