39-947a. Informal dispute resolution; written request; procedure. - Kansas Statutes

39-947a

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 9.--ADULT CARE HOMES

      39-947a.   Informal dispute resolution; writtenrequest; procedure.(a) Upon receipt of a statement of deficiencies, an adultcare homeadministrator may within 10 calendar days after receipt of a statement make awritten request to the secretary of agingfor informal dispute resolution by an independent review panel. Theadministrator may make one request for informal dispute resolution perinspection to dispute any deficiencies with which such administratordisagrees. The informal dispute resolution may be based upon the statement ofdeficiencies and any other materials submitted; however, the department shallprovide the administrator with a face to face informal dispute resolutionmeeting upon request by the administrator.

      (b)   A written request for informal dispute resolution shall:

      (1)   State the specific deficiencies being disputed;

      (2)   provide a detailed explanation of the basis for the dispute; and

      (3)   include any supporting documentation, including any information that wasnot available at the time of the inspection.

      (c)   Upon receipt of the written request provided for in subsection (a), thesecretary of aging shallappoint a panel of three persons to compose the independent review panel. Onemember shall be an employee from the department on aging adult care home surveyunit, provided that the individual did not participate in the survey indispute. Two members shall be appointed from outside of the survey unit and maybe employees of the department on aging, or a health care professional orconsumer not employed by the department on aging.

      (d)   A request for informal dispute resolution shall not delay the timelycorrection of any deficiency. A facility may not seek a delay ofany enforcement action against it on the grounds that the informal disputeresolution has not been completed before the effective date of the enforcementaction.Any decision or proposed resolution of the independent review panel shall beadvisory to the secretary of aging.

      (e)   Costs of the panel including traveling expenses and other expenses of thereview shall be paid bythe department of aging.

      (f)   The secretary of aging shall by rules and regulationsimplement the provisions of this section.

      (g)   This act shall be a part of and supplemental to the adult care homelicensure act.

      History:   L. 2004, ch. 162, § 1; July 1.