Printable Format39-926. License required to operate home; compliance with regulations. It shall be unlawful for any person or persons acting jointly or severally to operate an adult care home within this state except upon license first had and obtained for that purpose from the secretary for aging and disability services as the licensing agency upon application made therefor as provided in this act, and compliance with the requirements, standards, rules and regulations, promulgated under its provisions.
History: L. 1961, ch. 231, § 4; L. 1972, ch. 171, § 3; L. 1975, ch. 462, § 42; L. 1978, ch. 162, § 11; L. 2003, ch. 149, § 5; L. 2014, ch. 115, § 127; July 1.
Law Review and Bar Journal References:
"Preventing Discovery of Internal Investigation Materials: Protecting oneself from one's own Petard," Kevin Mark Smith, 69 J.K.B.A. No. 7, 28 (2000).
CASE ANNOTATIONS
1. Agency specifically authorized to establish standards for licensure and operation; no unlawful delegation of authority. Boswell, Inc. d/b/a Broadacres v. Harkins, 230 Kan. 738, 741, 640 P.2d 1208 (1982).
2. Cited; preemption of state law and regulations by federal law and regulations regarding Medicaid reimbursement examined. Americare Properties, Inc. v. S.R.S., 241 Kan. 607, 610, 738 P.2d 450 (1987).