Volume 43 - Issue 4 - January 25, 2024
State of Kansas
Department for Aging and Disability Services
Notice of Hearing on Proposed Administrative Regulations
The Kansas Department for Aging and Disability Services (KDADS) will conduct a public hearing at 10:00 a.m. Thursday, March 28, 2024, in the Basement Conference Room, New England Building, 503 S. Kansas Ave., Topeka, KS 66603, to consider the adoption of proposed regulation set K.A.R. 26-52-1 to 26-52-32 concerning licensure and survey requirements for crisis intervention centers.
The proposed regulation set is authorized by and implements K.S.A. 39-2001 et seq., specifically K.S.A. 39-2004. The Crisis Intervention Act, K.S.A. 59-29c01, et seq., provides for voluntary and involuntary admissions of adults with mental illness, substance abuse, or co-occurring conditions for emergency evaluation and treatment up to 72 hours. The Crisis Intervention Act imposes requirements for evaluations at specified intervals to determine if the patient continues to meet criteria for admission to a crisis intervention center. Within 48 hours after admission, the head of the crisis intervention center must file an affidavit with the district court where the center is located requesting an extension of time and supporting documentation to continue detaining and providing treatment to an involuntary patient for the period exceeding 48 hours up to 72 hours after admission. The head of the treatment facility must discharge the patient at any time the patent is determined to no longer meet admission criteria. If the patient continues to meet admission criteria 72 hours after admission, the head of the treatment facility must file a petition under the appropriate care and treatment act and find placement for the patient.
KDADS conducted a public hearing regarding the costs of compliance and consulted with Wyandotte and Douglas County community mental health facilities to discuss the economic impact. The agency estimates that there will likely be only three applicants in the first two years, with a patient size to vary in those facilities anywhere from 4 to 32 beds, with an average of 16 beds per facility. KDADS estimates that the $1.6 million estimated cost will be for staffing and services to those served in mental health facilities. KDADS understands the costs will be high for compliance with the regulations, however the benefits to the community with a Crisis Intervention Center will support the overall health infrastructure of communities statewide. KDADS views sizeable benefits for the use of these facilities and referral to community services at a lower cost than long term institutionalization of individuals.
The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Stephanie Volle, Kansas Department for Aging and Disability Services, 503 S. Kansas Ave., Topeka, KS 66603 or by email to stephanie.volle1@ks.gov. During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulations as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.
Complete copies of the proposed regulations and corresponding economic impact statement may be obtained by contacting Stephanie Volle at 785-296-0270 or stephanie.volle1@ks.gov. Questions pertaining to the proposed regulations should be directed to the agency contact person using the contact information above.
Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations, and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Stephanie Volle at 785-296-0270 or stephanie.volle1@ks.gov.
Laura Howard
Secretary
Department for Aging and Disability Services
Doc. No. 051816
