Adult Day Care Regulations in Kansas

Who regulates adult day care in Kansas

The Kansas Department for Aging and Disability Services (KDADS) licenses adult day care facilities. Kansas law treats an adult day care facility as one classification of "adult care home," and every adult care home must be licensed by the Secretary for Aging and Disability Services (K.S.A. 39-923).

Three sets of regulations apply: the general adult care home rules in K.A.R. Article 26-39, the adult day care rules in K.A.R. Article 26-43, and the construction rules in K.A.R. 28-39-289.

Types of adult day programs in Kansas

• Adult day care facility: any place operating less than 24 hours a day that cares for people not related to the owner or operator within the third degree by blood or marriage who, because of functional impairment, need supervision of or help with activities of daily living (K.S.A. 39-923).
• Special care section or facility: a section or facility serving residents with special needs. It must have written admission and discharge criteria, a medical care provider's admission order for each resident, and direct care staff present at all times (K.A.R. 26-43-203).

The adult care home definition excludes hospitals, physicians' offices, child care facilities, hospices serving only hospice patients, and PACE centers serving only PACE participants.

How to get licensed in Kansas

1. Send KDADS a letter of intent naming the license type, the applicant and the site address (K.A.R. 26-39-101).
2. File the initial application on the department's form with ownership and control documents, résumés of the people who will run the business, a list of facilities the applicant operates in other states, and financial statements showing at least one month of operating expenses in cash or owner's equity. Fees apply.
3. For new construction or conversion of an unlicensed building, submit a drawing with room identification and dimensions that meets K.A.R. 28-39-289 to 28-39-291.
4. Meet city, county and state building and fire codes, including those of the state fire marshal, and Title III of the Americans with Disabilities Act.
5. Appoint a qualified administrator or operator (see below). KDADS issues the license once the application is complete, construction is finished, the facility meets all requirements and the applicant qualifies under K.S.A. 39-928.

After licensure, notify KDADS at least 60 days before a change of ownership and within two working days of a change in administrator or operator. Capacity changes require a written request.

Key requirements

• Administrator or operator: at least 21, with a high school diploma or equivalent, and either a Kansas adult care home administrator license or completion of the operator training course and test. A responsible employee age 18 or older must be designated to act in their absence (K.A.R. 26-43-101).
• Nursing: a licensed nurse provides or coordinates the health care each resident needs and develops a health care service plan when screening shows a need. A licensed nurse must be available to give immediate direction to nurse aides and medication aides (K.A.R. 26-43-204).
• Service planning: care must match each resident's functional capacity screening and negotiated service agreement.
• Abuse reporting: staff report allegations of abuse, neglect or exploitation to the administrator immediately and to the department within 24 hours, and the facility completes its investigation within five working days.
• Activity space: 60 square feet per resident of licensed capacity, not counting reception areas, storage, offices, restrooms, passageways, treatment rooms or therapy-only space (K.A.R. 28-39-289).
• Restrooms: one toilet and one lavatory for 1 to 5 residents, two of each for 6 to 10, and one more of each for every 10 residents above 10.
• Other space: a private area with a bed for residents who are ill or need rest, and a dining area that seats everyone in attendance at one time. A facility sharing a building with other services needs its own identifiable adult day care space during operating hours.
• Reports: submit annual and semiannual statistical reports electronically within 20 days after each reporting period.

Medicaid funding for adult day in Kansas

KanCare is the state's Medicaid managed care program. Its services are provided by contracted managed care organizations (MCOs) under contracts that began January 1, 2025 with Healthy Blue, Sunflower and UnitedHealthcare. The home and community based services (HCBS) waivers, administered by KDADS, are a component of KanCare (Kansas Legislative Research Department).

Adult day care is a service of the Frail Elderly (FE) waiver, a 1915(c) waiver for people 65 and older who meet the Medicaid nursing facility threshold score and are financially eligible. The Physical Disability and Brain Injury waivers do not list adult day care. In January 2026, KDADS proposed an FE amendment that would add a waitlist (Kansas Register).

Billing basics

Confirm enrollment, authorization and billing rules with each MCO whose members you serve. Adult day care procedure codes, units and claim format could not be confirmed in a current official source.

The KanCare EVV FAQ lists service types that require electronic visit verification (EVV), including personal care, homemaker, respite, private duty nursing and therapies. Adult day care is not named.

Other ways centers are paid

Enrolled veterans who meet VA eligibility and clinical criteria can get Adult Day Health Care through the VA, which may be provided at VA medical centers, State Veterans Homes or community organizations.

Official resources

• Kansas Department for Aging and Disability Services
• K.S.A. 39-923, Adult care home definitions
• K.A.R. Article 26-43, Adult Day Care Facilities
• K.A.R. Article 26-39, Adult Care Homes
• K.A.R. 28-39-289, Construction requirements
• KanCare
• KDADS Frail Elderly (FE) Waiver
• KanCare Electronic Visit Verification FAQ
• National Adult Day Services Association

Frequently asked questions

Do I need a license to open an adult day center in Kansas?

Yes. An adult day care facility is a classification of adult care home, and Kansas law requires every adult care home to be licensed by the Secretary for Aging and Disability Services.

Who licenses adult day centers in Kansas?

KDADS licenses them under K.A.R. Articles 26-39 and 26-43. Each facility must keep its most recent survey report and plan of correction available in a public area.

Does my adult day center need a licensed administrator?

Not necessarily. The administrator or operator can hold a Kansas adult care home administrator license or complete the operator training course and pass the test.

Does Kansas Medicaid pay for adult day care?

Yes, through the Frail Elderly waiver, for people 65 and older who meet the Medicaid nursing facility threshold score. Waiver services are part of KanCare, which works through contracted managed care organizations.