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Ex. KS-052 Order Primary source read

KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes

Order Requiring COVID-19 Testing in Adult Care Homes

Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer · Kansas (Sector regulator)

The COVID Project

The record

Jurisdiction
Kansas
Level
Sector regulator
Authority
K.S.A. 65-101(a); K.S.A. 65-128
Issued
2021-06-18 June 18, 2021
Effective
2021-06-18
In force
June 18, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Addressees
  • all adult care homes identified in K.S.A. 39-923(a) (nursing facilities, nursing facilities for mental health, ICF/IID, assisted living, residential health care, home plus, boarding care homes, adult day care) except facilities governed by CMS QSO-20-38-NH and 42 C.F.R. 483.80(h)
  • facility staff including consultants, contractors, volunteers, caregivers and students
Functions reached
  • IC infection control, screening and testing
  • HR staffing (restriction of symptomatic staff)
  • RS residential care
  • VS entry screening of vendors and visitors
  • staffing agencies, therapists, vendors entering facilities
Collection
Kansas KS

Operative words

K.S.A. 65-128 also authorizes the Secretary of the KDHE to issue orders as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health.... Therefore, pursuant to the authority vesting in me pursuant to K.S.A. 65-101 and 65-128,... I hereby direct and order the testing for COVID-19 in adult care homes under the following requirements:... 4. Regardless of the frequency of testing being performed or the adult care home's COVID-19 status, the facility must continue to screen all staff (each shift), each resident (daily), and all persons entering the facility, such as vendors, volunteers, and visitors, for signs and symptoms of COVID-19.... 5. Staff, vaccinated or unvaccinated, with symptoms or signs of COVID-19 must be tested and are required to be restricted from the adult care home pending the results of COVID-19 testing.... This order shall take effect immediately and shall remain in force and effect until otherwise modified, supplemented and/or rescinded.

Enforcement

K.S.A. 65-101, 65-128; KDADS licensing; K.S.A. 65-129 penalties.

Notes

The State's principal health-sector instrument in force in Q3 2021, issued three days after the emergency and EO 21-15 lapsed. Applies to state-licensed homes outside the CMS rule.

Retrieval note

Scanned 7 pp.; pages 1, 2 and 7 read by rendering.