SESSION OF 2022
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2004
As Recommended by House Committee on
Children and Seniors

Brief*
HB 2004 would add law to the Adult Care Home
Licensure Act (Act) allowing a resident of an adult residential
care facility (facility) to appeal a pending involuntary transfer
or discharge to the Secretary for Aging and Disability
Services (Secretary) and providing for notification procedures
and conditions for transfer or discharge.

Conditions for Transfer or Discharge
The bill would define “adult residential care facility” to
mean an assisted living facility, a residential health care
facility, home plus, or a boarding care home, as defined in the
Act.
The bill would require an administrator or operator of a
facility to ensure that a resident is not transferred or
discharged unless one or more of the following conditions are
met:
● The transfer or discharge is necessary for the
resident’s welfare and the resident’s needs cannot
be met by the facility;
● The health or safety of other individuals in the
facility is endangered;

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● The resident has failed, after reasonable and
appropriate notice, to pay the rates and charges
imposed by the facility; or
● The facility ceases to operate.
Notification and Documentation
The bill would require the administrator or operator,
before transferring or discharging a resident, to notify the
resident, and, if known, a legal representative or designated
family member, of the transfer or discharge and the reason
for the transfer or discharge.
The bill also would require the administrator or operator,
before involuntarily transferring or discharging a resident, to
record and substantiate documentation by a physician in the
resident’s clinical records for transfer or discharge, if the
reason for transfer is one of the above-described conditions,
excepting a facility’s cessation of operations, and if transfer or
discharge is:
● Necessary for the resident’s welfare and the
resident’s needs cannot be met by the facility;
● Appropriate because the resident’s health has
improved sufficiently so that the resident no longer
needs the services provided by the facility; or
● Necessary because the health or safety of other
individuals in the adult resident care facility is
endangered.
The bill also would require the administrator or operator,
before transferring or discharging a resident, to provide a
written transfer or discharge notice that must include the
following:
● The reason for the transfer or discharge;

2- 2004
 ● The effective date of the transfer or discharge;
● The contact information for the State Long-Term
Care Ombudsman;
● The resident’s right to appeal an involuntary
transfer or discharge and information as
designated by the Secretary to assist the resident
in exercising such right;
● The contact information of the agency responsible
for the protection and advocacy of individuals with
such conditions for a resident with an intellectual
and developmental disability, dementia, or other
cognitive-limiting condition; and
● The contact information of the agency responsible
for protection and advocacy of individuals with a
mental disorder or related disability for a resident
with such disorder or disability.
The bill would require the administrator or operator, or
such person’s designee, to provide the notice of transfer or
discharge to the resident or the resident’s legal
representative, at least 30 days in advance of the resident’s
transfer or discharge, unless:
● The safety of other individuals in the facility would
be endangered; or
● The resident’s urgent medical needs require an
immediate transfer to another health care facility.
The bill would require the administrator or operator, or
such person’s designee, to provide sufficient preparation and
orientation to each resident before a resident’s discharge,
including development of a discharge plan, with involvement
of the resident, the resident’s legal representative, and
designated family, if practicable.

3- 2004
Appeals Process
The bill would allow a resident or such resident’s legal
representative, if such resident of a facility receives notice of
a pending involuntary transfer or discharge, to appeal a
transfer or discharge to the Secretary by filing a notice of
appeal in the Office of Administrative Hearings (OAH) within
15 days of the date of such notice. The bill would require a
presiding officer from the OAH to hold a hearing, in
accordance with the provisions of the Kansas Administrative
Procedure Act, within 30 days after the receipt of the notice of
appeal. The bill would allow a resident who files an appeal to
return and resume residence in the facility while the appeal is
pending.
The bill would require the Secretary to adopt rules and
regulations as necessary to implement and administer the
provisions of the bill.

Background
The bill was introduced by Representative Highland at
the request of a private citizen.

House Committee on Children and Seniors
In the House Committee hearing on January 28, 2021,
Representative Highland, two private citizens, and
representatives of the Disability Rights Center of Kansas,
Kansas Advocates for Better Care, Kansas Alzheimer’s
Association, and Office of the State Long-Term Care
Ombudsman provided proponent testimony. Proponents
stated the bill would afford residents additional protections by
allowing residents at state-licensed-only facilities to file an
appeal. Under current law, only residents at federally licensed
skilled nursing facilities have a right to appeal. Proponents
noted the bill would be commonly called “Charlie’s Law,” in

4- 2004
honor of the husband of the private citizen who requested the
bill.
Written-only proponent testimony was provided by
representatives of the Kansas State Nurses Association and
Kansas Trial Lawyers Association.
Representatives of LeadingAge Kansas, Kansas Adult
Care Executives, and Kansas Health Care Association and
Kansas Center for Assisted Living provided opponent
testimony. Opponents stated a lengthy appeals process could
be dangerous for the residents if the facility is not able to
properly meet their needs.
No other testimony was provided.

Fiscal Information
According to the January 2021 fiscal note prepared by
the Division of the Budget on the bill, the Kansas Department
for Aging and Disability Services (KDADS) indicates
enactment of the bill would increase expenditures by
$419,490 from the State General Fund for salaries to fill an
additional 2.00 full-time equivalent (FTE) attorney positions,
1.0 FTE legal assistant position, and for contractual services
with the OAH. KDADS states the need for the added
positions are a result of the agency being included in disputes
between residents and facilities. The agency estimates there
would be a large increase in the number of appeals over
existing numbers, which are currently between 10 and 15
appeals per month.
The OAH indicates enactment of the bill would increase
off-budget expenditures for salaries and wages for an
additional 1.00 administrative law judge FTE position and an
additional 1.00 legal assistant FTE position. Contractual
services also would increase. Expenditures would be offset
by KDADS payments to OAH for administrative hearing
services. The OAH notes its current office is not large enough
5- 2004
to accommodate the two additional employees. The estimate
for contractual services does not include the cost of leasing
additional office space. Any fiscal effect associated with
enactment of the bill is not reflected in The FY 2022
Governor’s Budget Report.
Adult Care Home Licensure Act; adult residential care facility; administrative hearing;
involuntary transfer or discharge


6- 2004