Correction orders; issuance; contents

(a) A correction order may be issued by the secretary for aging and disability services or the secretary's designee to a person licensed to operate an adult care home whenever the state fire marshal or the marshal's representative or a duly authorized representative of the secretary for aging and disability services inspects or investigates an adult care home and determines that the adult care home is not in compliance with the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated thereunder which individually or jointly affects significantly and adversely the health, safety, nutrition or sanitation of the adult care home residents. The correction order shall be served upon the licensee either personally or by certified mail, return receipt requested. The correction order shall be in writing, shall state the specific deficiency, cite the specific statutory provision or rule and regulation alleged to have been violated, and shall specify the time allowed for correction. (b) A correction order may be issued by the secretary for aging and disability services or the secretary's designee to a person licensed to operate a health care facility whenever a duly authorized representative of the secretary for aging and disability services determines that the health care facility is not in compliance with the provisions of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations promulgated thereunder. The correction order shall be served upon the licensee either personally or by certified mail, return receipt requested. The correction order shall be in writing, shall cite the specific statutory provision or rule and regulation alleged to have been violated and shall specify the time allowed for correction. For purposes of this section, "health care facility" has the meaning ascribed to such term by K.S.A. 40-3401, and amendments thereto.