39-935. Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection reports, posting and access; risk management program, when required; admissibility of reports.
39-935
39-935. Inspections; reporting; access to premises;exit interviews;unannounced inspections; inspection reports, posting and access; riskmanagement program, when required; admissibility of reports.(a) Inspections shall be made and reported in writing by the authorizedagents and representatives of the licensing agency and state firemarshal, and of the county, city-county and multicounty health departmentsas often and in the manner and form prescribed by the rules and regulationspromulgated under the provisions of this act. Access shall be given to thepremises of any adult care homeat any time upon presenting adequateidentification to carry out the requirements of this section and theprovisions and purposes of this act, and failure to provide such accessshall constitute grounds for denial or revocation of license. A copy of anyinspection reports required by this section shall be furnished to theapplicant, except that a copy of the preliminary inspection report signedjointly by a representative of the adult care homeand the inspector shallbe left with the applicant when an inspection under this section iscompleted. This preliminary inspection report shall constitute the finalrecord of deficiencies assessed against the adult care homeduring theinspection, all deficiencies shall be specifically listed and no additionaldeficiencies based upon the data developed at that time shall be assessedat a later time. An exit interview shall be conducted in conjunction withthe joint signing of the preliminary inspection report.
(b) The authorized agents and representatives of the licensing agencyshall conduct at least one unannounced inspection of each adult carehomewithin 15 months of any previous inspectionfor the purpose ofdetermining whether the adult care homeis complying with applicablestatutes and rules and regulations relating to the health and safety of theresidents of the adult care home.The statewide average interval between inspections shall not exceed 12 months.
(c) Every adult care homeshall post in a conspicuous place a noticeindicating that the most recent inspection report and related documentsmay be examined in the office of the administrator of the adult carehome.Upon request, every adult care homeshallprovide to any person acopy of the most recent inspection report and related documents,provided the person requesting such report agrees to pay a reasonablecharge to cover copying costs.
(d) Each nursing facility that provides skilled nursing care,nursing facility for mental health that provides skillednursing care or assisted living facility may establish andmaintain a risk management programwhich shall consist of:(1) A system for investigation and analysis of the frequency and causes ofreportable incidents within the facility; (2) measures to minimize theoccurrence of reportable incidents and the resulting injuries within thefacility; and (3) a reporting system based upon the duty of all health careproviders staffing the facility and all agents and employees of the facilitydirectly involved in the delivery of health care services to report reportableincidents to the chief of the medical staff, chief administrative officer orrisk manager of the facility. Any reports and records reviewed, obtained orprepared by the department on aging in connection with anyreportable incidents referred for investigationunder such risk management program, including any reportsand records reflecting the results of an inspection or surveyunder this chapter or in accordance with the regulations,guidelines and procedures issued by the United Statessecretary of health and human services under Titles XVIIIand XIX of the "Social Security Act," 49 Stat. 620 (1935),42 U.S.C. 301, as amended, shall not be admissible in anycivil action under the laws of the state of Kansasunlessthe court determines on the record, following a hearingoutside the presence of the jury, thatthe profferedevidence excerpted from anyreport,record, inspection or survey is relevant andsubstantially related to the plaintiff's allegationsand otherwise admissible under the rules of evidence setforth in article 4, chapter 60 of the Kansas StatutesAnnotated and amendments thereto.This subsection shall not be construed to limit or impair a person's orentity's discovery of or access to any such report, record, inspection orsurvey under state or federal law; limit or impair the authority of thedepartment on aging to investigate complaints or reportable incidents understate or federal law; or diminish or expand the department on aging's discoveryof or access to quality assessment and assurance committee records under stateor federal law.
History: L. 1961, ch. 231, § 13; L. 1972, ch. 171, § 10; L.1977, ch. 152, § 1; L. 1978, ch. 162, § 13; L. 1980, ch. 182, § 14;L. 1989, ch. 126, § 2;L. 2005, ch. 127, § 1; Apr. 21.