As a reminder, the involuntary discharge reporting requirement for state-licensed only providers will continue beginning July 1, 2026, as part of the FY 2027 state budget. This reporting requirement applies only to:
- Assisted Living Facilities
- Residential Health Care Facilities
- Home Pluses
- Boarding Care Homes
The Legislature extended reporting for FY 2027 to continue collecting data on involuntary transfers and discharges and to better understand how often these situations occur across Kansas.
New Reporting Timeline
A key change for FY 2027 is the reporting deadline. Providers now have until the end of the month following the reporting month to submit their data.
Example: For involuntary discharges occurring during July 2026, providers have until August 31, 2026, to submit their report and remain in compliance.
All Providers Must Report – Even if You Had Zero Discharges
Another important change is that every provider must submit a report each month, even if no involuntary transfers or discharges occurred during the reporting period.
Facilities with no involuntary discharges simply need to report “0” for that month.
This change is important because it will finally provide a true statewide baseline. In previous discussions, concerns have been raised that involuntary discharges may be occurring more frequently than reported. Requiring all providers to report, including those with zero discharges, will help establish a complete picture of what is actually occurring across the provider community and allow policymakers to evaluate the issue using comprehensive data rather than assumptions.
Clarification on Grievance Reporting
Under the previous reporting framework, providers were asked to report whether an appeal had been filed. In practice, this created challenges because providers often had no way of knowing whether a resident or legal representative had contacted the Long-Term Care Ombudsman, KDADS, or another outside entity after receiving a discharge notice.
To address this issue, the reporting requirement now focuses on information that providers can reasonably track. Facilities will report whether the resident or legal representative submitted a grievance regarding the involuntary transfer or discharge through the provider’s formal grievance process prior to the effective date of the transfer or discharge.
Providers should take this opportunity to review their grievance policies and procedures. Consider what constitutes a grievance under your policy, including:
- Whether grievances may be submitted verbally, in writing, or both;
- Any required documentation;
- Applicable timelines for filing a grievance; and
- Any other facility-specific grievance procedures.
Importantly, providers are only expected to report the information available to them at the time the monthly report is due.
For example, if no grievance has been filed when the report is submitted, the provider may appropriately indicate “No.” If a grievance has been filed before the report is due, the provider should indicate “Yes.”
If a grievance is submitted after the monthly report has been filed but still falls within the timelines established by the provider’s grievance policy, LeadingAge Kansas can work with KDADS to determine the appropriate process for updating or correcting the report.
Civil Money Penalties
The FY 2027 language also modifies when civil penalties may be issued for noncompliance.
Before a civil money penalty (CMP) can be assessed, KDADS must first provide a written notice of noncompliance within five days after a report is due. Providers then have 14 days to correct the violation.
This initial written notice and correction opportunity is required one time. After that opportunity has been provided, facilities that fail to comply with future reporting requirements may be subject to CMPs without an additional warning period.
Data Sharing Requirements
Providers should also be aware that all discharge data collected by KDADS, along with data received by the Long-Term Care Ombudsman and shared with KDADS related to reported discharges, will be shared with:
- The Long-Term Care Ombudsman
- LeadingAge Kansas
- Kansas Health Care Association (KHCA)
The legislation also allows these organizations to request follow-up or additional information from licensees as part of the reporting and review process.
LeadingAge Kansas Will Help You Stay Compliant
To assist members with compliance, LeadingAge Kansas will send a reminder each month around the middle of the month encouraging providers to submit their discharge reports for the previous month before the deadline.
Additional guidance from KDADS regarding submission procedures and reporting forms will be shared as it becomes available.
