How to Start a Non-Medical Home Care Agency in Kansas: KDHE Supportive Care License and Background Checks

If you want to start a non-medical home care business in Kansas, understand first that the work itself is licensed. Kansas does not issue a general statewide business license, but home care is one of the areas where the state does license the service. If your agency will provide hands-on help with bathing, dressing, eating, medication reminders, transferring, or toileting, the Kansas Department of Health and Environment (KDHE) licenses that work as Non-Medical Supportive Care Services. This guide covers the paperwork, the fees, the background check requirements, and the order that keeps you from paying for the same step twice.

This article is informational content, not legal or tax advice. Fees, forms, and rules change, so confirm every figure with the agency named before you commit money. For entity choice, client contracts, employment questions, and tax treatment, talk with a Kansas attorney and a certified public accountant (CPA).

Pick the Right KDHE License First

KDHE licenses more than one home care category, and they are not interchangeable. Applying under the wrong one means starting the process over.

• Non-Medical Supportive Care Services. This is the license this guide covers. It includes chore and companionship services plus hands-on help with activities of daily living. KDHE licenses this category, not the Kansas Department of Aging and Disability Services (KDADS). The KDHE page for it is kdhe.ks.gov/2172.
• Skilled Services. This is a separate KDHE license that covers skilled nursing and home and community based services (HCBS) waiver work. If your plans include either, ask KDHE whether you need this license in addition to the non-medical one, or instead of it, before you file anything.

This license category is mostly private pay, meaning families pay the agency directly. Build your startup budget and first-year revenue projections around private-pay clients. If you expect a payer program to contribute, get that program's requirements in writing before you count on it.

Materials and Checklist Before You File

Gather these items before you start the filings. Most cost little, but a missing item will stall the KDHE application.

• Entity formation document. Articles of Organization, Domestic (Kansas) Limited Liability Company (Form DL), with an $85 filing fee. For a corporation, Articles of Incorporation, Domestic (Kansas) Corporation (Form AI), also with an $85 filing fee.
• Name reservation (optional). Form NR costs $35 and holds the name for 120 days.
• A resident agent. Kansas calls this the resident agent. It can be an individual, a business registered in Kansas, or the entity itself, with a Kansas street address.
• A Certificate of Good Standing from the Secretary of State. KDHE asks for it with the non-medical application when your business is registered there.
• The KDHE Non-Medical HHA application (form revised 03/2024) and the application fee: $500 if you project 100 or more unique clients, or $250 if you project fewer than 100.
• A written client projection. Your honest estimate of unique clients you expect to serve. It sets your fee tier and ties to your renewal.
• Criminal record check documentation for each person KDHE requires under K.S.A. 65-5117.
• A Kansas Department of Revenue (KDOR) business tax registration, which is free.
• City and county paperwork. Your city clerk and county office can tell you which local license or zoning approval applies to your address.
• Insurance quotes, a client service agreement, and written policies covering intake, visit documentation, and emergencies.
• A business bank account in the entity's name.

Step-by-Step: Starting the Agency

Step 1: Write down your service scope

Before you form anything, list the tasks you will perform on a typical visit and sort them into three groups: chores, companionship, and hands-on help with daily living. If any part of the plan involves skilled nursing or HCBS waiver work, flag it now. Call KDHE to confirm which license fits your service mix. This one conversation can prevent a restart later.

Step 2: Form the entity with the Secretary of State

Most owners choose a limited liability company (LLC) or a corporation. Both file with the Kansas Secretary of State. An LLC files Articles of Organization (Form DL), and a corporation files Articles of Incorporation (Form AI). Each filing fee is $85. Online filing runs through the Secretary of State's Business Services online filing portal (Customer Login). Online filings process within minutes, and the certified copy can be printed immediately. Paper filings are processed by mail from the Topeka office, so expect a longer wait.

Search the name first in the Secretary of State business search. An LLC name must contain L.L.C., L.C., LLC, LC, LIMITED LIABILITY COMPANY, or LIMITED COMPANY under K.S.A. 17-7920. If a similar name is already registered, a Consent to Use of Similar Business Name (Form CN) under K.S.A. 17-7918 must accompany your formation document.

Step 3: Appoint a resident agent with a real Kansas address

The resident agent is the person or business that receives legal papers for your entity. The registered office must be a Kansas street address where the resident agent can be regularly present, with building number, street, city, state, and ZIP code. A PO box does not qualify. Whenever the resident agent or the registered office changes, update the Secretary of State record, because an outdated record can cause compliance problems.

Step 4: Order your Certificate of Good Standing

After the Secretary of State registers your entity, request a Certificate of Good Standing and keep a copy for the KDHE packet. This guide does not list a fee for it, so check the current fee and ordering method on the Secretary of State's business services page before you order.

Step 5: Project your unique client count and choose a fee tier

The initial KDHE application fee depends on the number of unique clients you project: $500 for 100 or more, and $250 for fewer than 100. Make the projection honestly. Renewal is tied to unique client count, so a number you cannot support will surface at renewal. Before you pick the lower tier to save $250, ask KDHE how it treats a projection that turns out too low.

Step 6: Plan criminal record checks before you hire

Criminal record checks are required for this license under K.S.A. 65-5117. Most new owners underestimate this step. It is not paperwork you finish at the end. Confirm with KDHE which individuals must be checked, what the check involves, what documentation KDHE expects, and whether a check must clear before a person works with clients. Ask directly whether a caregiver can start while a check is pending, and do not assume the answer is yes. Keep a written checklist for each person and store the results in a locked file.

Step 7: Complete the KDHE application and pay the fee

Fill out the Non-Medical HHA application (form revised 03/2024) from KDHE's page at kdhe.ks.gov/2172. Attach the Certificate of Good Standing, your client projection, the required criminal record check documentation, and the fee for your tier. Read the form instructions for accepted payment methods and the mailing or submission address, since those details can change. Do not schedule client intake until the license is issued. Ask KDHE for its current processing time when you submit, so your start date is realistic.

Step 8: Register for Kansas taxes

Kansas has no general statewide business license, so the state registration you need is tax registration. Register through the Kansas Department of Revenue at ksrevenue.gov/business.html. Business tax registration is free, and the Department of Revenue Customer Service Center completes it. If you will have employees, ask KDOR about withholding registration. If any of your charges or purchases involve sales tax, ask KDOR about permits at ksrevenue.gov/busregistration.html.

Owners often ask how the entity affects income tax. Kansas has no LLC franchise tax. An LLC is a pass-through entity for state income tax, so members report Kansas income on individual returns at 5.2% on Kansas taxable income up to $23,000 for single filers or $46,000 for married filing jointly, and 5.58% above those thresholds. An LLC taxed as a corporation pays the corporate normal tax of 3.5% plus a 3% surtax on Kansas taxable income over $50,000. Which structure fits depends on your numbers, so ask a CPA.

Step 9: Check city and county rules

Kansas has 105 counties and 624 cities, and every incorporated place is legally a city. Your office address determines which local rules apply. Ask the city clerk whether a business license or zoning approval is required for an office, and whether a home office is allowed at your address. Ask the county about any rules that apply outside city limits. Local requirements catch many home care owners by surprise, so check before you sign a lease or print an address on marketing materials.

The Kansas City name causes confusion. Kansas City, Kansas and Kansas City, Missouri are different cities in different states. Only Kansas City, Missouri has a city earnings tax, so an agency located in Kansas City, Kansas does not face that tax. Confirm the city that governs your address before you register.

Step 10: Build the operating paperwork

Before the first client, put these in writing: a client service agreement that describes services, rates, cancellations, and how the agency handles emergencies; a visit documentation process; supervision and incident reporting policies; and a personnel file for each caregiver. Get an insurance quote that matches the services you actually provide. Ask an attorney to review the client agreement and how you classify caregivers, since worker classification is a frequent source of disputes in home care.

Step 11: Calendar every recurring deadline

• KDHE license renewal: annual, due 30 days before expiry, and tied to your unique client count. Renewal is paid online through PayIt since July 1, 2025. Check the current renewal amount on the KDHE form, because this guide does not state it.
• Secretary of State Information Report: biennial, due by April 15. It is $90 for an LLC (Form ILC) or a corporation (Form IFP). Businesses formed in an even year report in each succeeding even year, and businesses formed in an odd year report in each succeeding odd year. A three-month delinquency window follows the due date before forfeiture. Confirm your first due date on the Secretary of State site.
• Resident agent and address changes: update the record as soon as either changes.

Common Mistakes to Avoid

• Looking for a general business license. Kansas has none. Your requirements are the KDHE license, KDOR tax registration, and any city or county permits.
• Treating the Secretary of State filing as a license. Forming an entity is a filing. It does not authorize you to provide care.
• Applying to the wrong agency. This license is issued by KDHE, not KDADS.
• Using a PO box as the registered office. Kansas requires a street address where the resident agent can be regularly present.
• Choosing the $250 tier with an unrealistic projection. The projection drives renewal, so an optimistic low number creates a problem later.
• Searching for a Kansas DBA filing. Kansas has no state-level DBA, assumed, fictitious, or trade name filing. Check city and county requirements, and consider a Secretary of State trademark or service mark registration to protect the name.
• Calling the Information Report annual. It is biennial, due by April 15.
• Mixing up the two Kansas Cities. Confirm which city your address is in before you register.
• Starting clients before the license is issued. Scheduling intake early can leave you with unpaid staff and commitments you cannot keep.

Practical Tips

• Call KDHE before you spend money on formation, so you know the license scope and background check process from the start.
• Keep a licensing binder with copies of every filing, receipt, and background check record. Renewals go faster when the file is complete.
• Set up the bank account, insurance quote, and client agreement before you hire, so caregivers start with a working system.
• Put a renewal reminder 60 days before the KDHE renewal date, and a separate reminder for the April 15 Information Report deadline.

What a Realistic Outcome Looks Like

Owners who work through these steps in order may be able to move from formation to a complete license packet in a few weeks, though the KDHE processing time will set the real timeline. A license is permission to operate, not a promise of demand. Many agencies may find early clients through referrals from families, senior centers, faith communities, and local care coordinators, but results depend on your local market, your services, and how well you deliver them. In marketing, describe the services and your processes accurately. Avoid promising health improvements or specific outcomes for clients, since claims like that can be misleading.

Where to Confirm Each Step

Agency or office	What it handles for this business	Where to start
Kansas Secretary of State	Entity filing, name search, resident agent, Certificate of Good Standing, Information Report	sos.ks.gov/business/business.html
Kansas Department of Health and Environment (KDHE)	Non-Medical Supportive Care license, criminal record check requirements, application fee, annual renewal	kdhe.ks.gov/2172
Kansas Department of Revenue (KDOR)	Business tax registration, withholding, sales tax permits	ksrevenue.gov/business.html
City clerk and county office	Local business license, zoning, home office rules	Your city and county websites

Final Notes

Starting a non-medical home care agency in Kansas is manageable when you sequence the work: confirm the license scope, form the entity, appoint a resident agent with a Kansas street address, plan the criminal record checks, complete the KDHE application, and register for taxes. Confirm every fee and processing time on the agency's own page before you rely on it. This article is informational content, not legal or tax advice. Before you sign client contracts, hire staff, or choose an entity structure, consult a qualified Kansas attorney and a CPA who understand home care businesses.