Adult Day Care in Kansas

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Adult Day Care in Kansas

In short: One adult day care license from KDADS covers every center; no staff ratio is set, and Medicaid pays through the Frail Elderly waiver.

Kansas adult day services at a glance

License or certificationYes. An adult day care license, a type of adult care home license, for any center serving people who need help or supervision with daily activities, any payer.
Who licenses or certifiesKansas Department for Aging and Disability Services (KDADS), with State Fire Marshal approval
Adult day care vs adult day healthOne license type. Kansas has no separate adult day health care license.
Strictest staffing ratioNo ratio specified. Enough qualified staff, with direct care or licensed nursing staff present at all times (KDADS licensing)
Dementia ratioNo ratio specified
Medicaid programsHCBS Frail Elderly (FE) waiver, delivered through KanCare managed care
Medicaid billing unitPer day: S5101 (1 to 5 hours) or S5102 (more than 5 hours). Latest published rates found: $28.86 and $57.71 from July 1, 2023.
Licensed centersNot confirmed

Last verified against state sources: 2026-10-21.

How is adult day care regulated in Kansas?

Kansas has one license for adult day care, and it treats an adult day care center as a type of adult care home. The Kansas Department for Aging and Disability Services (KDADS) issues the license. There is no separate adult day health care license. A licensed center may offer health care, including skilled nursing, under a licensed nurse's plan within the same license.

Important: When we checked in October 2026, the KDADS and KanCare websites blocked our access and the Kansas Medicaid (KMAP) provider manuals and fee schedules required a login. The licensing rules on this page come from the state statutes and a reproduction of the Kansas regulations. Medicaid details come from KMAP bulletins as reposted by a KanCare health plan. Confirm Medicaid rules and current rates with KMAP or your KanCare plan before you rely on them.

Three layers of rules can apply to a Kansas center, and each comes from a different agency:

  • Licensing (KDADS). The Adult Care Home Licensure Act, K.S.A. 39-923 and following, plus the adult day care regulations in K.A.R. 26-43, general adult care home rules in K.A.R. 26-39, and building rules for adult day care in K.A.R. 28-39-289 to 28-39-291. These cover the license, staffing, space, services, records and participant rights for every center, whatever the payer.
  • Medicaid (KDADS and KDHE). Medicaid pays for adult day care through the HCBS Frail Elderly (FE) waiver. KDADS runs the waiver, and the Kansas Department of Health and Environment (KDHE) is the state Medicaid agency. Services are delivered through KanCare, the state's Medicaid managed care program.
  • Other funding. The U.S. Department of Veterans Affairs pays for adult day health care for some veterans.

The statute defines adult day care as any place that operates less than 24 hours a day and cares for people, not related to the owner, who need supervision of or help with activities of daily living because of a functional impairment (K.S.A. 39-923). A center may also run an optional special care section for participants with special needs such as dementia. It must have direct care staff present at all times and use the least restrictive exit controls possible (K.A.R. 26-43-203).

PACE centers approved by the federal Centers for Medicare and Medicaid Services that serve only PACE participants are excluded from the definition of adult care home, so they do not need this license. In 2026, House Bill 2520 amended K.S.A. 39-923 but left the adult day care definition and the PACE exclusion unchanged.

Where the layers overlap, the KDADS licensing rules are the only layer we found that sets operating standards for centers. Medicaid adds its own provider registration and setting certification to bill, covered in the Medicaid section below.

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

Yes, if your center will care for unrelated people who need supervision or help with daily activities. KDADS licenses these centers whether participants pay privately, through Medicaid or some other way. The license is issued with the State Fire Marshal's approval, is valid only for the premises and people named, and cannot be transferred.

How to apply. Under K.A.R. 26-39-101:

  • Submit a letter of intent to KDADS first.
  • Then file an application with ownership documents, staff resumes, a list of any facilities you operate in other states, and a certified financial statement showing at least one month of operating expenses in cash or owner's equity.
  • For new construction or a conversion of an existing building, request site approval at least 30 days before construction starts, and submit a drawing of rooms and areas with dimensions.
  • Meet city, county and state building and fire codes, including State Fire Marshal codes, and Title III of the Americans with Disabilities Act (K.A.R. 28-39-289).

Fees. The fee for the initial application, and for each annual report after that, is $30 per participant of stated capacity plus $100. Fees are not refunded if the license is denied. For example, a center licensed for 20 participants would pay $700.

Certificate of need. We did not find a certificate of need requirement or a moratorium for adult day care in the licensing statutes or rules. We could not reach the KDADS website to confirm, so ask KDADS before you sign a lease.

One license per site. The license names the premises and the licensee, states the number of participants it covers and must be posted (K.S.A. 39-928). To change capacity, send a written request. An approved change takes effect the first day of the next month. A new administrator or operator must be reported within two working days.

Buying a center. The current licensee must notify KDADS in writing at least 60 days before the proposed change of ownership or licensee, and the new party applies for its own license. Build that 60 days into any purchase timeline.

Renewal and inspections. The license stays in effect only while the licensee files an annual report and pays the annual fee. KDADS must make at least one unannounced inspection of each adult care home within 15 months of the last one, with a statewide average of no more than 12 months between inspections (K.S.A. 39-935). The State Fire Marshal and local health departments also inspect.

What we did not find. We could not read a published KDADS application packet or find a licensing phone number or mailbox. Contact KDADS for the current forms.

What are the staffing rules for adult day centers in Kansas?

Kansas sets no numeric staff-to-participant ratio for adult day care. The licensing rules instead require enough qualified staff to give each participant the care in their service plan, with direct care staff or licensed nursing staff present and responsive at all times. We did not find a separate ratio for participants with dementia.

The staffing rule is K.A.R. 26-43-102.

  • Licensing (KDADS): no ratio specified. Enough qualified staff, with direct care or licensed nursing staff on site at all times. A special care section also needs direct care staff present at all times.
  • Medicaid (FE waiver): we did not find a ratio. The FE provider manual could not be opened, so ask KMAP or your KanCare plan.
  • Other funding: we did not find staffing standards from any other funding source.

Nurses. A registered nurse must be available (not necessarily on site) to supervise licensed practical nurses, and a licensed nurse must be available to give immediate direction to medication aides and nurse aides when participants have unscheduled needs (K.A.R. 26-43-204). The rules do not require a nurse on site at all times. A licensed nurse provides or coordinates any health care services.

Emergencies. Enough staff must be available to move participants who need help to a secure location in an emergency.

Staff that scale with size. Centers with 11 or more participants need scheduled on-site supervision by a dietetic services supervisor or licensed dietitian. We did not find other staffing that scales with census.

Who counts. The rules do not say who counts toward staffing, since they set no ratio.

Administrator or operator. The person in charge must be at least 21, have a high school diploma or equivalent, and either hold a Kansas adult care home administrator license or complete an approved operator course and pass its test (K.A.R. 26-43-101). The operator course is at least 45 hours with a passing test score of 80 percent. With prior approval, one administrator may oversee homes with a combined capacity of up to 120, and one operator up to 60, including adult day care centers.

Training. New employees need orientation, and all employees need regular in-service training on adult day care principles, fire safety, disaster procedures, accident prevention, participant rights, infection control, and abuse, neglect and exploitation. Centers that admit people with dementia must add training on dementia behaviors. Infection control training is required at least once a year. The rules set no minimum number of training hours.

Background checks. Centers must keep criminal background check records for facility and contract staff (except staff licensed or registered by a state agency) and checks of the Kansas and other states' nurse aide registries showing no finding of abuse, neglect or exploitation. Centers also keep proof of licensure or training for specialized staff.

Health screening. Staff with a communicable disease may not have direct contact with participants, and centers follow the state's TB Guidelines for Adult Care Homes (July 2008), which the rules adopt by reference. We did not find a staff vaccination requirement.

What does an adult day center in Kansas have to provide?

A Kansas center provides or arranges the services written into each participant's negotiated service agreement. These may include meals, nurse-assessed health care, transportation and planned activities. Any of those services the center does not offer must be disclosed in writing at or before admission. Centers also need at least 60 square feet of activity space per participant.

Services. Under K.A.R. 26-43-203, the services a center may provide or coordinate include daily meals, health care based on a licensed nurse's assessment, medical, dental and social transportation, and planned group and individual activities.

Meals. Menus are planned in advance under federal dietary guidelines and shared with participants at least weekly. Therapeutic or texture-modified diets need a medical provider's order. We did not find a rule tying meals to hours of attendance.

Medications. Licensed nurses and medication aides may give medications the center manages, though aides may not give injections or IV medications. A participant who manages their own medications needs a nurse assessment at the start, after a significant change and every year. A pharmacist or licensed nurse must offer a medication regimen review at least every quarter.

Space and capacity. Under K.A.R. 28-39-289:

  • At least 60 square feet of activity space per participant of licensed capacity. Reception, storage, offices, restrooms, hallways, treatment rooms, service areas and therapy-only space do not count.
  • One toilet and sink for 1 to 5 participants, two of each for 6 to 10, and one more of each for every 10 participants over 10.
  • A private area with a bed for participants who are ill or need rest or quiet, dining seating for everyone present at one time, and outdoor recreation areas.
  • Its own identifiable activity space if the center shares a building.
  • A site at least 4,000 feet from concentrated livestock operations and free of flooding over a 100-year period, indoor temperatures between 70 and 85 degrees F, and hot water for participants between 98 and 120 degrees F.

A special care section must have its own living, dining and activity areas unless participants can use those areas elsewhere in the center.

Hours. By definition a center operates less than 24 hours a day. We did not find a minimum number of days or hours a center must be open.

Written policies. The rules require:

  • A written administrator job description and written authorization for a responsible employee to act when the administrator is away.
  • Participant rights policies, including the right to refuse services and a grievance process with a written response within 30 days.
  • Policies prohibiting abuse, neglect and exploitation, with reporting and investigation steps.
  • A written emergency plan for fire, flood, severe weather, tornadoes, explosions, gas leaks, loss of power or water, and missing participants, plus written agreements for fresh water, an evacuation site and transport there (K.A.R. 26-43-104).
  • Admission, transfer and discharge policies, infection control policies, and policies for sample and indigent-program medications.

Safety and postings. The emergency plan is reviewed with staff and participants every quarter, and an emergency drill with evacuation is held at least once a year. Centers post the license, emergency numbers near a free phone, KDADS and long-term care ombudsman contact information, and notice that service policies are available, and keep the latest inspection survey and plan of correction in a public area.

Resident council. Each center must help organize at least one participant council that meets at least quarterly, and answer each written council concern in writing within 30 days.

What rules protect participants in Kansas adult day centers?

Kansas requires a functional capacity screening before or at admission, a negotiated service agreement written at admission, and written disclosure of rates and fees in a signed admission agreement. Screenings and agreements are reviewed at least every 365 days and after any significant change. Abuse, neglect or exploitation allegations must be reported to KDADS within 24 hours.

Who can enroll. People who need physical restraints may not be admitted or kept. People with unmanaged incontinence, total immobility, a need for two-person help or unmanageable behavior may be served only if their service agreement covers those needs (K.A.R. 26-43-200).

Screening and service agreement.

  • A functional capacity screening on a state form is done on or before admission, at least every 365 days, after a significant change in condition, and every quarter if a paid nutrition assistant helps the participant eat. A licensed nurse, licensed social worker or the administrator or operator does the first screening (K.A.R. 26-43-201).
  • A negotiated service agreement lists the services, who provides them and who pays. It is written at admission and reviewed at least every 365 days and after a significant change, with a licensed nurse taking part when health care services are needed (K.A.R. 26-43-202).

Admission agreement. Before admission, the participant must be told orally and in writing about their rights, the center's conduct rules, the current rate and any extra fees. Charges must be in a signed admission agreement, and rate changes need 30 days' written notice (K.A.R. 26-39-103).

Discharge. The general adult care home rule allows an involuntary transfer or discharge for the participant's welfare, the safety or health of others, nonpayment after notice, or closure, with at least 30 days' notice except in emergencies (K.A.R. 26-39-102). That rule covers adult care homes in general and does not single out adult day care, so ask KDADS how it applies to your center.

Records. Each participant record holds admission and discharge dates, the admission agreement, screenings, service plans, contacts, medication and treatment records, and documentation of incidents, illnesses and injuries. Records are kept at least five years after discharge, longer for minors (K.A.R. 26-43-105). The licensing rules do not require daily attendance or sign-in records.

Incidents. Allegations of abuse, neglect or exploitation must be reported to KDADS within 24 hours and investigated within five working days, with a written record kept. The administrator also files annual and semiannual statistical reports electronically within 20 days after each reporting period.

What we did not find. We did not find a required physician order or physical exam before enrollment. Families should ask the center for its written admission and discharge policies and its list of services not offered.

How does Medicaid pay for adult day in Kansas?

Kansas Medicaid pays for adult day care through the HCBS Frail Elderly (FE) waiver, for people 65 and older who meet nursing facility level of care. Services are delivered through KanCare managed care health plans. Centers bill by the day: S5101 for 1 to 5 hours or S5102 for more than 5 hours.

The FE waiver. The FE waiver (1915(c) waiver 0303) is run by KDADS, with KDHE as the state Medicaid agency, alongside KanCare managed care. Medicaid.gov lists the waiver term as January 1, 2025 to December 31, 2029. The federal waiver list shows no other Kansas waiver that covers adult day care.

  • Billing codes and unit: S5101 (1 to 5 hours) and S5102 (more than 5 hours), each per day, from KMAP General Bulletin 23151 as reposted by KanCare plan Sunflower Health Plan.
  • Rates: S5101 $28.86 and S5102 $57.71, effective July 1, 2023 (state fiscal year 2024). The later rate bulletins we found listed no change for these codes, so these are the latest published rates we found. We could not confirm they are current. Check the KMAP fee schedule or ask each KanCare plan you contract with.
  • Provider registration: since June 1, 2024, new providers enrolling to bill S5101 or S5102 must show registration in the HCBS Compliance Portal, and each setting where the codes are billed needs annual KDADS certification (KMAP General Bulletin 24114).

This makes Medicaid the stricter layer for billing: a license alone is not enough to be paid. You also need the portal registration and the yearly setting certification.

Transportation. We did not find whether transportation to adult day care is billed separately under the FE waiver. Ask KMAP or your KanCare plan.

PACE. Kansas law exempts PACE centers that serve only PACE participants from adult care home licensing. We did not confirm which PACE organizations operate in Kansas or where.

Attendance documentation. The licensing rules do not require attendance records, and we could not read the FE provider manual's documentation rules. Sunflower Health Plan's February 2026 provider manual lists the FE services that must use the state's electronic check-in system, and adult day care is not on that list. Ask KMAP and each plan you bill what attendance records they expect to support a daily claim.

Can a private-pay adult day center operate in Kansas without Medicaid?

Yes, a center can be fully private pay, but it still needs a KDADS adult day care license. In Kansas the license depends on who the center serves, not who pays. Any place that cares for unrelated people who need supervision or help with daily activities for less than 24 hours a day is an adult care home that must be licensed.

Protections for private-pay participants. Private-pay participants have the same protections as everyone else: written disclosure of rates and extra fees before admission, charges limited to those in the signed agreement, 30 days' written notice of rate changes, and a grievance process (K.A.R. 26-39-103).

Programs without a license. We did not find rules that spell out what an unlicensed program may do. The statute's definition is the only guide: a program for adults who do not need supervision of or help with daily activities may fall outside it. Ask KDADS before you open any group program for older adults without a license.

Other funding.

  • The U.S. Department of Veterans Affairs offers Adult Day Health Care to enrolled veterans who meet clinical criteria, at VA medical centers, State Veterans Homes or community organizations, and a copay may apply.
  • The Kansas Senior Care Act funds in-home and preventive services for people 60 and older through area agencies on aging, but the statute and rule definitions we read do not name adult day care. We did not confirm whether Senior Care Act or Older Americans Act funds pay for adult day anywhere in Kansas. Your local area agency on aging can tell you what is available.

The market. We did not find a current count of licensed adult day care centers in Kansas or an active Kansas adult day services association. KDADS keeps a directory of adult care homes, which we could not open.

What is changing next for adult day in Kansas?

As of our last check on October 21, 2026, we did not find an upcoming change to Kansas adult day licensing rules or adult day payment. The main recent change is to who can get into the Frail Elderly waiver, not to how centers operate.

  • Frail Elderly waiver waitlist. In January 2026, KDADS proposed an FE waiver amendment to create and manage a waitlist for new applicants, reserve waiver slots for PACE and other groups, split the contracts for aging and disability resource centers and assessments, and update personal care provider qualifications. Medicaid.gov lists the FE waiver as approved on September 18, 2026, which may be this amendment, but we could not open the approved document. If you serve FE participants, a waitlist could slow new Medicaid referrals, so ask KDADS or your KanCare plan how it works today.
  • Adult care home law amended, April 2026. House Bill 2520 amended K.S.A. 39-923, mainly to raise the cap for home plus facilities from 12 to 16 residents. It did not change the adult day care definition or the PACE exclusion.
  • Medicaid billing registration, June 2024. New providers of the adult day codes must show HCBS Compliance Portal registration, and each billing setting needs annual KDADS certification. This is already in effect.

Get notified when Kansas adult day rules change

Leave your email and we will let you know when Kansas changes its adult day licensing, staffing or Medicaid rules. No newsletter, only changes for this state.

Who to ask about adult day rules in Kansas

Questions about Kansas adult day rules are best put to the state. Start with Kansas Adult Care Home Licensure Act (K.S.A. 39-923).

Kansas adult day sources

Related reading

Other states that license or certify every adult day center

California, Delaware, Florida, Georgia, Hawaii, Iowa, Maine, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Wyoming. See every state on the adult day services map.

Page history

  • October 21, 2026: Page rewritten and checked against state sources.

This page is a reference, not legal advice. State rules change, so confirm details with the state before you act on them.

Ankota provides software for adult day centers, covering attendance, care plans, transportation and billing. If you would like to talk about running your center, contact Ankota or read more about Ankota's adult day care software.

Kansas

Questions about Adult Day Care?

There's a lot to learn about Adult Day Care and the opportunity that it presents both for entrepreneurs, and for families.  Below are some frequently asked questions, but you are also welcome to learn more by filling out the form on the right.

Kansas adult day questions

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

Yes, if the center cares for unrelated people who need supervision or help with daily activities for less than 24 hours a day, whoever pays. Kansas treats adult day care as a type of adult care home, licensed by the Kansas Department for Aging and Disability Services under K.S.A. 39-923. The license covers only the premises and people named and cannot be transferred.

Does Kansas have a separate adult day health care license?

No. Kansas has one license type, adult day care. A center can offer health care services, including skilled nursing, under a licensed nurse's plan within that license (K.A.R. 26-43-204).

What staff-to-participant ratio does Kansas require for adult day?

The licensing rules set no numeric ratio. They require enough qualified staff to meet each participant's service agreement, direct care or licensed nursing staff present at all times, a registered nurse available to supervise LPNs, and a licensed nurse available to direct aides (K.A.R. 26-43-102 and 26-43-204).

How much does a Kansas adult day care license cost?

The fee for the initial application and each annual report is $30 per participant of stated capacity plus $100, so a center licensed for 20 participants pays $700. Fees are not refunded if the license is denied (K.A.R. 26-39-101).

Does Kansas Medicaid pay for adult day care, and how is it billed?

Yes, through the HCBS Frail Elderly waiver for people 65 or older who meet nursing facility level of care, delivered through KanCare managed care. Centers bill by the day, S5101 for 1 to 5 hours or S5102 for more than 5 hours. The latest published rates we found were $28.86 and $57.71, effective July 1, 2023, so check KMAP or your KanCare plan for current rates.

Does a Kansas adult day center need anything beyond its license to bill Medicaid?

Yes. Since June 1, 2024, new providers of the adult day codes must show HCBS Compliance Portal registration before Medicaid enrollment, and each setting where the codes are billed needs annual KDADS certification (KMAP General Bulletin 24114).

Are there special rules for dementia care in Kansas adult day centers?

Kansas sets no separate dementia ratio. A center may run a special care section for participants with needs such as dementia, which must have direct care staff present at all times and the least restrictive exit controls possible. Centers that admit people with dementia must train staff on dementia behaviors.

What happens to the license if I buy an existing adult day center in Kansas?

Kansas adult day care licenses cannot be transferred. The current licensee must notify KDADS in writing at least 60 days before the proposed change, and the new owner or operator must apply for its own license (K.A.R. 26-39-101).

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