Kansas
- Grounds stated in the sources
- Not stated in the sources reviewed. K.S.A. 39-936(g), the only captured Kansas provision governing an involuntary move, states a notice requirement and no grounds at all: it bars an involuntary transfer or discharge "unless the resident or legal guardian of the resident has been notified in writing at least 30 days in advance of a transfer or discharge of the resident." — "Except in emergencies as defined by rules and regulations of the licensing agency and except as otherwise authorized under federal law". The regulations that once stated the grounds, K.A.R. 28-39-147 and 28-39-148, appear in the Secretary of State's regulation volume as "28-39-147 and 28-39-148. (Authorized" — "Nov. 1, 1993; amended Feb. 21, 1997; revoked" — with a revocation date of May 22, 2009, and no replacement for nursing facilities was found in that volume. What the state's ombudsman office states, describing the federal law rather than a Kansas rule, is that a resident may "Remain in the nursing facility unless a transfer or discharge:" is necessary for the resident's welfare, is appropriate because the resident's health has improved, "is needed to protect the health and safety of other residents or staff;" or follows a failure to pay after reasonable notice.
- Notice stated in the sources
- Thirty days, from the statute: written notice to the resident or legal guardian "at least 30 days in advance", with an exception for emergencies as the licensing agency's regulations define them and for what federal law otherwise authorises. The statute states nothing about what the notice must contain. The ombudsman office states the federal content requirement — a resident should "Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman".
- Hearing office in these sources
- Not stated in the sources reviewed. No captured Kansas source names an office, an address, a form or a deadline for appealing an involuntary transfer or discharge. The statute states the notice period and stops; the regulations that carried the transfer and discharge rights were revoked in 2009; the ombudsman office refers to "the right to appeal" as part of what the federal notice must state, and names no Kansas forum.
- Ombudsman in these sources
- The Office of the Long-Term Care Ombudsman, an office of its own rather than a programme inside a service agency. Its published contact: "Kansas Long-Term Care Ombudsman" at "900 SW Jackson, Suite 1041 Topeka, Kansas 66612", "Toll FREE: 1 (877) 662 - 8362". On this subject the office states: "Involuntary Discharge continues to be one of the top complaints that ombudsmen report here in Kansas and nationally."
- Sources last checked
- Oct 6, 2026
Reproduced from the agencies' own pages and documents quoted below — potentially relevant official sources, not a determination that any notice, ground, or deadline applies to any situation.
Lede
This page assembles what Kansas's own publishers state about involuntary transfer and discharge from an adult care home, and it is a thin page because the state's own materials are thin. The fullest single source is one subsection of one statute, K.S.A. 39-936(g), which requires thirty days' written notice and says nothing else: no grounds, no contents, no appeal, no forum. Kansas's vocabulary is transferred from or discharged from an adult care home involuntarily.
The reason the page is short is worth stating plainly. Kansas once had regulations on this subject — K.A.R. 28-39-147 and 28-39-148 — and the Secretary of State's own regulation volume records them as revoked on May 22, 2009, printing the pair as a bare citation with no text under it. Nothing in that volume's nursing facility article replaces them. So what a Kansas resident has, in Kansas's own published law, is a thirty-day notice and an emergency exception defined by regulations that no longer exist for this purpose. The federal floor for Medicare/Medicaid-certified facilities is assembled separately on the federal page; nothing here fills a gap from federal law or another state. Confirm applicability with the agencies named in the sources: whether any provision applies to a particular facility, resident, or notice is for the hearing office to determine. Deadlines and periods on this page are quoted from the sources, not calculated for any case.
The grounds, as Kansas describes them
Not stated in the sources reviewed. K.S.A. 39-936(g) — Kansas Office of Revisor of Statutes, history line ending L. 2024, ch. 103, § 3; July 1, retrieved 2026-10-06 — is the only Kansas statute located governing an involuntary transfer or discharge, and it states a notice period and no grounds: "Except in emergencies as defined by rules and regulations of the licensing agency and except as otherwise authorized under federal law, no resident may be transferred from or discharged from an adult care home involuntarily unless the resident or legal guardian of the resident has been notified in writing at least 30 days in advance of a transfer or discharge of the resident."
The regulations that once enumerated grounds, K.A.R. 28-39-147 and 28-39-148, appear in the Secretary of State's 2022 regulation volume — Kansas Secretary of State (PDF), 2022 volumes, retrieved 2026-10-06 — as a bare citation with no text beneath it, in a short run of consecutive revocations: "28-39-147 and 28-39-148. (Authorized" "by and implementing K.S.A. 39-932; effective" "Nov. 1, 1993; amended" "May 22, 2009.)" — a revocation date, read together with the adjoining entries for 28-39-145a and 28-39-146 (both also "revoked May 22, 2009" in the same volume), matching the pattern CLAUDE.md records for this exact PDF: a section number followed by a bare authorization-and-revocation line and nothing else. No replacement provision stating grounds for nursing facilities was found in that volume's article 39.
The state's own long-term care ombudsman office, describing federal rather than Kansas law, states that under "The Nursing Home Reform Law of 1987", a resident's right is to "Remain in the nursing facility unless a transfer or discharge:" "is necessary to meet the resident's welfare;" "is appropriate because the resident's health has improved and s/he no longer requires nursing home care;" "is needed to protect the health and safety of other residents or staff;" "is required because the resident has failed, after reasonable notice, to pay the facility charge for an item or service provided at the resident's request". This is quoted as the ombudsman office's own description of the federal Nursing Home Reform Law, not as a statement of Kansas law; the federal enumeration itself is assembled on the federal page and is not restated here as Kansas's.
The published process
Requesting the hearing
Not stated in the sources reviewed for a nursing facility's own transfer or discharge decision specifically. No captured Kansas statute or regulation names an office, address, form, or deadline for appealing such a decision; K.S.A. 39-936(g) states only the notice period, and the regulations that once carried an appeals process (28-39-147/148) are revoked with no replacement located.
One first-party Kansas forum was located this pass, and its connection to a nursing facility's own transfer or discharge decision is not stated anywhere in the sources reviewed. KanCare, the state's Medicaid program, publishes a "State Fair Hearings" process for two named kinds of dispute — a Medicaid eligibility decision, and a healthcare service decision made by one of the program's managed care organizations — neither of which the page names as covering a nursing facility's own decision to transfer or discharge a resident. For a managed-care service decision, the page states: "The KanCare state fair hearing is processed by the Office of Administrative Hearings (OAH). It is an opportunity for the member to speak about the healthcare service decision made by one of the Medicaid agency's managed care organizations (MCO)". The filing route: "The member or member's authorized representative's state fair hearing request must be submitted in writing" by fax "(785) 296-4848" or by mail to "Office of Administrative Hearings" "1020 S. Kansas Ave." "Topeka, KS 66612". The deadline: "the member or member's representative must submit a request for a state fair hearing within 123 calendar days from the date of the notice of the appeal resolution determination." Whether an involuntary nursing-facility transfer or discharge is a "healthcare service decision made by" an MCO in the sense this page uses the phrase is not stated in the sources reviewed, and this page does not assert that it is.
The notice's required contents
Not stated in the sources reviewed, beyond what the ombudsman office describes as federal law. K.S.A. 39-936(g) states the thirty-day period and nothing about what the notice must contain. The ombudsman office states that under federal law a resident should "Receive thirty-day notice of transfer or discharge which includes the reason, effective date, location to which the resident is transferred or discharged, the right to appeal, and the name, address, and telephone number of the state long-term care ombudsman" — again, quoted as that office's description of federal requirements rather than a Kansas statute or regulation's own text, since none stating notice contents was located.
Bed-hold and return
Not stated in the sources reviewed. Neither K.S.A. 39-936 nor the Secretary of State's 2022 regulation volume for article 28-39 states a bed-hold or readmission provision; the regulations that might once have carried one are among those revoked in 2009. A Kansas Medicaid nursing-facility payment manual, referenced by title in general search results as covering reserved-bed and leave-day payment, could not be captured this pass: the host serving it, portal.kmap-state-ks.us, sits behind an Oracle Access Manager single-sign-on redirect, and every transport tried — curl following the redirect chain, the session's web-fetch tool, and the session's built-in browser navigating directly to the document — returned a session-bound token or a file-download prompt rather than the document's own text. Nothing from that manual is quoted anywhere on this page; it is capture-pending.
The three rows above hoist the questions a facility's counsel answers in the first fifteen minutes. They are quotations from Kansas's published sources, not a determination that any of them applies to any situation.
Notice periods and deadlines, as stated in the sources
All quoted; none calculated.
Thirty days' advance notice — K.S.A. 39-936(g): "no resident may be transferred from or discharged from an adult care home involuntarily unless the resident or legal guardian of the resident has been notified in writing at least 30 days in advance of a transfer or discharge of the resident", with an exception "in emergencies as defined by rules and regulations of the licensing agency and except as otherwise authorized under federal law".
A hearing deadline of a different kind, from a forum of uncertain applicability — KanCare's State Fair Hearings page, on a managed-care service decision: "the member or member's representative must submit a request for a state fair hearing within 123 calendar days from the date of the notice of the appeal resolution determination." Whether this period applies to a nursing facility's own transfer or discharge decision is not stated in the sources reviewed.
What any of these periods means for a particular case is for the relevant state process to determine.
Source map
| Document | Publisher and location | Source's own date | Retrieved |
|---|---|---|---|
| K.S.A. 39-936 | Kansas Office of Revisor of Statutes | history line ends L. 2024, ch. 103, § 3; July 1 | 2026-10-06 |
| Kansas Administrative Regulations 2022, Book 2 — article 28-39 entries | Kansas Secretary of State (PDF) | 2022 volumes | 2026-10-06 |
| Involuntary Discharge | Office of the Long-Term Care Ombudsman | none stated on page | 2026-10-06 |
| State Fair Hearings | KanCare | none stated on page | 2026-09-19 |
Captured: the first three, in tools/packets/kansas-packet.txt, by recipe (tools/recipes/kansas.json; the ombudsman page, which returns HTTP 403 to curl, is supplied from the session's built-in browser); the KanCare State Fair Hearings page in tools/packets/kansas-packet-kancare.txt, by the session's built-in browser (kancare.ks.gov returns HTTP 403 to curl and to the session's other fetch tool). Pending: any current rule replacing the revoked regulations; a first-party statement naming the forum for an appeal of a nursing facility's own transfer or discharge decision specifically; the Kansas Medical Assistance Program's Nursing Facility provider manual, referenced in general search results as covering bed-hold and leave-day payment but not captured this pass (portal.kmap-state-ks.us sits behind an Oracle Access Manager single-sign-on wall that defeated every transport tried) — per the packets' pending lists.
Change log
2026-10-16 — Internet Archive captures recorded. Captures requested this date by an automated capture pass; no human review is claimed for this entry. No quotation, date, finding or link above was changed by it. Each capture below was requested through Save Page Now and then confirmed to play back. Captures added: Kansas Office of Revisor of Statutes → https://web.archive.org/web/20261016050003/https://ksrevisor.gov/statutes/chapters/ch39/039_009_0036.html; Kansas Secretary of State (PDF) → https://web.archive.org/web/20261016050033/https://sos.ks.gov/publications/KAR/2022/2022_KAR_Volumes_Book_2.pdf.
2026-10-06 — Recipe finished and a source-movement finding recorded. The Kansas capture recipe, a draft since the baseline page was built, was completed and verified, and the three standing sources were recaptured through it (two consecutive captures byte-identical; every quotation on this page verifies against the new capture, with no wording changed). Findings: (1) the Office of Revisor of Statutes has moved its statutes from www.ksrevisor.org to ksrevisor.gov; the old address for K.S.A. 39-936 answers HTTP 301 to the same path on the new host, observed 2026-10-06, and the statute text is the same document. This page cited the old address since 2026-08-30 and now cites the new one, in section 01 and in the source map. (2) The ombudsman program's Involuntary Discharge page returns HTTP 403 to every curl variant tried and 200 to a real browser, so its text is supplied from the session's built-in browser (the page's visible text, unedited), recorded as such in the recipe and the source map; the page's wording matches the 2026-08-30 capture. (3) The 2022 Kansas Administrative Regulations volume is read as before, with its two columns interleaved on every line; the capture was re-sliced on regulation headings rather than the line range the hand capture used, and holds a superset of it. Capture pending: unchanged from the entries below. Internet Archive: not yet submitted. Reviewer: Carrie Schluter (review confirmed 2026-10-06). Corrections: hello@fieldassembly.net.
2026-09-19 — Deepened to a full page: section 01 (the grounds, as Kansas describes them) and section 02 (the published process) are now written, mostly as documented absences — the state's own materials remain as thin as the 2026-08-30 baseline found them, and this pass's research confirms rather than closes most of the gaps it recorded. Newly captured: KanCare's "State Fair Hearings" page (tools/packets/kansas-packet-kancare.txt), the one first-party Kansas hearing forum located, which covers Medicaid eligibility decisions and managed-care-organization service decisions; the page does not say whether it also covers a nursing facility's own involuntary transfer or discharge decision, and this page does not assert that it does. Transport: kancare.ks.gov returns HTTP 403 to curl and to the session's other fetch tool (an Akamai edge block); the session's built-in browser rendered the page normally. Findings, continuing the numbering below: (7) A third-party regulation mirror (law.cornell.edu, not used as evidence and not linked from this page) displays a full, unrevoked-looking text for "Kan. Admin. Regs. § 28-39-148" dated only to its 1993 adoption and 1997 amendment, with no revocation noted — apparently stale, since the Secretary of State's own 2022 codification volume lists 28-39-147 and 28-39-148 together as revoked May 22, 2009 in a short, internally consistent run of revocations (28-39-145 revoked 1999, 28-39-145a and 28-39-146 each revoked the same May 22, 2009 date) that leaves no room to read the revocation as a two-column splice of unrelated text, the failure mode CLAUDE.md documents for this same PDF. This page follows the first-party volume. A working session with more time than this pass's bounded search budget allowed should check directly with KDADS or the Secretary of State whether 28-39-147/148 (or a successor numbered section) has been reinstated since the 2022 volume was printed; until then, the revocation stands as this page's finding. (8) The Kansas Medical Assistance Program's Nursing Facility fee-for-service provider manual, named in general search results as addressing bed-hold and leave-day payment (portal.kmap-state-ks.us/Documents/Provider/Provider Manuals/Nursing_22202_22033.pdf), could not be captured: the host sits behind an Oracle Access Manager single-sign-on redirect that returned a fresh session-bound token to curl on every attempt, the session's web-fetch tool the same, and the session's built-in browser a file-download prompt rather than a renderable page. No text from that manual is quoted anywhere on this page. (9) KanCare's own state fair hearing apparatus, quoted in section 02, is the first first-party Kansas hearing forum this page has ever named; it is presented hedged, because the page publishing it does not say it covers a nursing facility's own transfer or discharge decision, and conflating it with one would overstate what Kansas has published. Capture pending, continuing the 2026-08-30 list: any current rule replacing the revoked regulations; a first-party statement naming the forum for a nursing facility's own transfer or discharge appeal specifically; the KMAP Nursing Facility manual. Internet Archive: not yet submitted for the new source. Reviewer: Carrie Schluter, reviewed 2026-09-20. Corrections: hello@fieldassembly.net.
2026-08-30 — Baseline page built from the first Kansas packet: docket, lede, source map, change log. Not yet captured or written: section 01 (the grounds, as Kansas describes them) and section 02 (the published process, including the notice's required contents, bed-hold and return, and the notice-periods register). Findings: (1) The regulations that carried Kansas's transfer and discharge rights, K.A.R. 28-39-147 and 28-39-148, are recorded in the Secretary of State's 2022 regulation volume with a revocation date of May 22, 2009, and the nursing facility article in that volume contains no replacement. The grounds row and the hearing row therefore state absences. This is the first state in this index whose relevant regulation is recorded as revoked rather than merely uncaptured. (2) K.S.A. 39-936(g) states a thirty-day notice and no grounds, no required contents and no appeal. Its emergency exception is defined by reference to "rules and regulations of the licensing agency", which is the same body of regulations in which the transfer and discharge provisions were revoked; this page records that circularity rather than resolving it. (3) The state ombudsman office's statement of resident rights during transfer and discharge describes the federal Nursing Home Reform Law, and says so; it is quoted as that office's own description and is not treated as a statement of Kansas law. The federal enumeration stays on the federal page. (4) The Secretary of State's regulation volume prints in two columns, and pdftotext renders each printed line as one column's text followed by the other's, so quotations from that source are contiguous spans of the capture rather than of the printed column. The two spans quoted in the grounds row are short for that reason, and the revocation date is stated in prose rather than quoted, because the span carrying it in the capture also carries unrelated text from the adjoining column. (5) The ombudsman page defeats curl with a 403 and was captured with the session fetch tool. (6) No first-party statement of a Kansas Medicaid bed-hold period was captured. Capture pending: per the source map. Internet Archive: not yet submitted. Reviewer: Carrie Schluter, reviewed 2026-08-30. Corrections: hello@fieldassembly.net.