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Session of 2025
HOUSE BILL No. 2370
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of the Alzheimer's Association
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AN ACT concerning health and healthcare; relating to assisted living
facilities; requiring additional certification for assisted living facilities
with dementia care.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall apply only to assisted living facilities
that offer dementia care services. If assisted living facilities choose to
apply for the special dementia care certification, then such facilities shall
follow the requirements in this section. A facility that chooses to opt out of
following such requirements, shall not publicize that it offers specialized
dementia care, memory care, use the special dementia care designation or
the assisted living facility with dementia care certification.
(b) There is hereby created the assisted living facility with dementia
care certification. An applicant seeking certification as an assisted living
facility with dementia care shall have the ability to provide services in a
manner consistent with the requirements in this section. In determining
whether or not to award this certification to an applicant, the secretary of
the department for aging and disability services shall consider the
following criteria, including, but not limited to:
(1) The applicant's assisted living director, managerial official and
clinical nurse supervisor's experience with managing residents with
dementia or previous long-term care experience; and
(2) completion of a state-approved dementia care certification
program by the applicant's leadership.
(c) Facilities seeking such certification shall maintain staffing levels
sufficient to meet the care needs of residents, that shall be demonstrated
through periodic quality-of-care assessments.
(d) Prior to providing memory care services, all employees or
contract staff working with residents receiving memory care services shall
complete a department-approved, standardized dementia care training
program that is available online.
(1) Assisted living facilities that offer dementia care may use existing
training programs that meet state standards, which shall be established by
the department in rules and regulations. Training programs shall include
the following:
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(A) Communicating and interacting with individuals with Alzheimer's
disease or other forms of dementia;
(B) the psychological, social and physical needs of individuals with
Alzheimer's disease or other forms of dementia;
(C) the benefits of non-pharmacological approaches to treatment; and
(D) safety measures necessary for individuals with Alzheimer's
disease or other forms of dementia.
(e) Employees or contract staff working with residents receiving
memory care services shall receive annual, evidence-based memory care
services training as determined by the department for aging and disability
services biennially.
(f) (1) The facility shall provide an activity services program to
residents who receive memory care services. The activity services program
shall:
(A) Involve the resident in an ongoing program of activities that are
designed to appeal to individual resident needs; and
(B) include a combination of large and small group, one-to-one and
self-directed activities.
(2) Facilities shall provide access to activities tailored to the needs of
residents with dementia, that can be provided by trained care staff rather
than dedicated activity staff.
(3) Group activities may substitute for one-on-one activities when
appropriate.
(g) The department of aging and disability services may impose
additional requirements for any long-term care facility if there are
unsatisfactory outcomes for a resident in such facility. The department
shall impose such requirements only after identifying significant
deficiencies in meeting resident care needs as documented in annual
inspections or complaint investigations.
(h) Evidence of a failure to meet the individual needs of residents
shall be grounds for enforcement action under this section.
(i) The department for aging and disability shall adopt rules and
regulations to implement and administer the provisions of sections 1 and 2,
and amendments thereto.
(j) The label "assisted living facility with dementia care" shall be
identified on the facility's license. Such facility providing dementia care
services may indicate this specialization in their license description if the
facility has the certification created by this section.
(k) Facilities that choose to apply for a dementia care certification
shall comply with the provisions of this section within 12 months of its
enactment.
(l) This section shall be a part of and supplemental to article 9 of
chapter 39 of the Kansas Statutes Annotated, and amendments thereto.
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Sec. 2. (a) (1) Except as provided in paragraph (2), an assisted living
facility with a dementia care certification shall notify the secretary of the
department for aging and disability services in writing at least 60 calendar
days prior to the voluntary relinquishment.
(2) If less than 10 residents would be affected by such
relinquishment, a facility with a dementia care certification shall notify the
secretary at least 30 days prior to the relinquishment of such certification.
(b) For voluntary relinquishment, the facility shall:
(1) Give all residents and their designated and legal representatives
60 calendar days notice of voluntary relinquishment. The notice shall
include:
(A) The proposed effective date of voluntary relinquishment;
(B) changes in staffing;
(C) changes in services, including the elimination or addition of
services; and
(D) staff training that shall occur when the voluntary relinquishment
becomes effective;
(2) submit a transitional plan to the secretary of the department for
aging and disability services demonstrating how current residents will be
evaluated and assessed to reside in other housing settings that are not an
assisted living facility with memory care that are physically unsecured or
would require move-out or transfer to other settings;
(A) Assisted living facilities voluntarily relinquishing such facilities
dementia care certification may submit a general transition framework
rather than an individualized plan for each resident;
(3) change service or care plans as appropriate to address any needs
the residents may have with such transition;
(4) notify the secretary of the department for aging and disability
services when the voluntary relinquishment process has been completed;
and
(5) revise advertising materials and disclosure information to remove
any reference indicating that such facility is an assisted living facility with
dementia care certification.
(c) This section shall be a part of and supplemental to article 9 of
chapter 39 of the Kansas Statutes Annotated, and amendments thereto.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
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