May 12, 2018

The Kansas Department for Aging and Disability Services (“Department”) is responsible for inspecting nursing homes in Kansas in order to insure compliance with state and federal regulations. The Department is also responsible for investigating Kansas nursing home complaints and for inspecting the 346 nursing homes in Kansas that receive Medicare or Medicaid funding.

The Department presently has 17 vacancies in its 60-person health facility inspector staff, which may help explain (but not justify) the year-to-year decline in performing required annual inspections of Kansas nursing homes. In 2017, the Department inspected only 35% of Kansas nursing homes, compared to 63% in 2016 and 79% in 2015. The Department is on pace to inspect only about 40% of Kansas’ nursing homes in 2018.

The number of nursing home complaints filed with the Department rose from 12,232 in 2015 to 13,978 in 2017. From January through March 2018, nearly 3,000 nursing home complaints were filed with the Department.


The Department announced on March 28, 2018 that it “has asked 13 district courts to allow the agency to take over 15 skilled nursing facilities in Kansas after the operator of the facilities advised the state that it will not be able to make an upcoming payroll. The operator appears to be insolvent. The state has asked the courts to put the facilities in receivership while arrangements are made for them to continue to operate and to provide care for the approximately 845 residents.”


The Secretary of the Department had stated in the past, “More than 215 nursing homes in Kansas have demonstrated their commitment to excellence and to person-centered care, making life rewarding and enjoyable for their residents … We are eager to expand that spirit to all the nursing facilities in our state. Improving the quality of life enjoyed by nursing home residents is a significant—and measurable—priority. Person-centered care should be the standard of care for all Kansas nursing home residents instead of an institutional and medical based model.”


The Kansas Advocates for Better Care (KABC) reported earlier this year that the average number of deficiencies cited during inspection of a nursing facility nationally is 7.2, while in Kansas the average is 10.3. KABC further reported that 78 of the 346 nursing facilities in Kansas were cited for 10 or more health safety deficiencies for each of the last three annual inspections (57 of these nursing homes are for-profit corporations and 21 are nonprofit corporations). In the past 18 months, 66 facilities on the list were cited for deficiencies that resulted in “actual harm” to residents or put them in “immediate jeopardy” of being harmed.


If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Kansas or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home over-medicating residents, you should promptly find a nursing home claim attorney in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.

Click here to visit our website to be connected with medical malpractice lawyers (nursing home claim lawyers) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

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