HB 2193--
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HOUSE BILL No. 2193
By Representative Tanner
[ol12](By Request) 2-3
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AN ACT concerning public health and welfare; relating to the funding of services and regulatory activities of the department on aging, depart- ment of social and rehabilitation services and department of health and environment; amending K.S.A. 1996 Supp. 75-3717 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, the secretary of aging shall prepare and submit a budget estimate to the division of the budget pursuant to K.S.A. 75- 3717 and amendments thereto for the department on aging which in- cludes adequate funding for the activities of the statewide long-term care ombudsman program, including a regional long-term care ombudsman for each region of Kansas and a sufficient number of officers and em- ployees for the office of the long-term care ombudsman, to provide the services of the statewide long-term care ombudsman program under the long-term care ombudsman act for all residents of facilities in Kansas and to investigate all complaints involving residents of facilities in Kansas pur- suant to the long-term care ombudsman act. (b) The words and phrases used in this section have the meanings ascribed thereto by K.S.A. 75-5916 and amendments thereto. This section shall be construed as part of the long-term care ombudsman act. New Sec. 2. For the fiscal year ending June 30, 1998, and for each fiscal year thereafter, the secretary of aging, secretary of social and re- habilitation services and secretary of health and environment shall pre- pare and submit budget estimates to the division of the budget pursuant to K.S.A. 75-3717 and amendments thereto for the department on aging, department of social and rehabilitation services and department of health and environment, respectively, which include adequate funding for the department on aging, department of social and rehabilitation services and department of health and environment for the department's programs that regulate, monitor or audit the programs and activities of hospitals, adult care homes, long-term care facilities or other facilities in Kansas that are regulated, monitored or audited by such department, specifically including such department's programs that provide for the state enforce- ment or protection of patient and client rights with respect to any patient or other client of any such facility. Sec. 3. K.S.A. 1996 Supp. 75-3717 is hereby amended to read as follows: 75-3717. (a) As provided in this section, each state agency, not later than October 1 of each year, shall file with the division of the budget its budget estimates for the next fiscal year, and all amendments and revisions thereof, except that, in lieu of such annual filing, each agency listed in subsection (g), not later than October 1, 1994, and every two years thereafter of each even-numbered year, shall file budget estimates for the next fiscal year and for the ensuing fiscal year thereafter. Each agency listed in subsection (g) may file adjustments to such agency's budget that was approved by the legislature during a prior fiscal year. Subject to the provisions of sections 1 and 2 and amendments thereto, all such budget estimates shall be in the form provided by the director of the budget. Each agency's budget estimates shall include: (1) A full explanation of the agency's request for any appropriations for the expansion of present services or the addition of new activities, including an estimate of the anticipated expenditures for the next fiscal year and for each of the three ensuing fiscal years which would be re- quired to support each expansion of present services or addition of new services as requested by the state agency; and (2) a listing of all programs of the agency that provide services for children and their families and the following information regarding each such program: Of the amount of the agency's request for appropriations to fund the program, that amount which will be spent on services for children or families with children and the number of children or families with children who are served by the program. (b) At the same time as each state agency submits to the division of the budget a copy of its budget estimate, and all amendments and revi- sions thereof, each such state agency shall submit a copy of such estimate, and all amendments and revisions thereof, directly to the legislative re- search department for legislative use. (c) The director of the budget shall require the agencies to submit a sufficient number of copies of their budget estimates, and all amendments and revisions thereof, to the director's office to satisfy the requirements of such office and one additional copy for legislative use which shall be retained in the division of the budget until the budget of the governor is submitted to the legislature. On or before the day that such budget is submitted to the legislature such legislative use copy, posted to reflect the governor's budget recommendations, shall be submitted to the leg- islative research department for use by the ways and means committee of the senate and the committee on appropriations of the house of rep- resentatives. Following presentation of the governor's budget report to the legislature, the legislative research department may request and shall receive detailed information from the division of the budget on the gov- ernor's budget recommendations. (d) The director of the budget may prepare budget estimates for any state agency failing to file a request. (e) As used in this section, ``services for children and their families'' includes but is not limited to any of the following services, whether pro- vided directly or made accessible through subsidies or other payments: (1) Financial support for children and families with children or en- forcement of the obligation to support a child or a family with one or more children; (2) prenatal care, health care for children or immunizations for chil- dren; (3) mental health or retardation services for children; (4) nutrition for children or families with children or nutritional coun- seling or supplements for pregnant or nursing women; (5) child care, early childhood education or parenting education; (6) licensure or regulation of child care or early childhood education programs; (7) treatment, counseling or other services to preserve families; (8) care, treatment, placement or adoption of children without func- tioning families; (9) services to prevent child abuse and to treat and protect child abuse victims; (10) services for children who are pregnant, substance abusers or oth- erwise involved in high risk behavior; (11) services related to court proceedings involving children; and (12) youth employment services. (f) On a biennial basis, the following state agencies shall file budget estimates under the provisions of subsection (a): Abstracters' board of examiners, behavioral sciences regulatory board, board of accountancy, board of examiners in optometry, board of nursing, consumer credit com- missioner, Kansas board of barbering, Kansas board of examiners in fitting and dispensing of hearing aids, Kansas dental board, Kansas real estate commission, Kansas state board of cosmetology, office of the securities commissioner of Kansas, real estate appraisal board, state bank commis- sioner, state board of healing arts, state board of mortuary arts, state board of pharmacy, state board of technical professions, state board of veterinary examiners and state department of credit unions. Sec. 4. K.S.A. 1996 Supp. 75-3717 is hereby repealed. Sec. 5. This act shall take effect and be in force from and after its publication in the statute book.