[As Amended by House Committee of the
Whole]
As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2477
By Committee on Appropriations
2-17
12
AN ACT concerning social welfare; duties of the
secretary of social and
13 rehabilitation
services [and the secretary of aging]; rate schedules
14 for health
care providers; amending [K.S.A. 75-5945 and]
K.S.A.
15 1995
1997 Supp. 39-708c, as amended by section 104 of
chapter 229
16 of the 1996
Session Laws of Kansas, and repealing the existing
section
17 [sections].
18
19 Be it enacted by the Legislature of the
State of Kansas:
20 Section 1. K.S.A.
1995 1997 Supp. 39-708c, as amended
by section
21 104 of chapter 229 of the 1996
Session Laws of Kansas, is hereby
22 amended to read as follows: 39-708c. (a)
The secretary of social and re-
23 habilitation services shall develop state
plans, as provided under the fed-
24 eral social security act, whereby the state
cooperates with the federal
25 government in its program of assisting the
states financially in furnishing
26 assistance and services to eligible
individuals. The secretary shall under-
27 take to cooperate with the federal
government on any other federal pro-
28 gram providing federal financial assistance
and services in the field of
29 social welfare not inconsistent with this
act. The secretary is not required
30 to develop a state plan for participation
or cooperation in all federal social
31 security act programs or other federal
programs that are available. The
32 secretary shall also have the power, but is
not required, to develop a state
33 plan in regard to assistance and services
in which the federal government
34 does not participate.
35 (b) The secretary shall
have the power and duty to determine the
36 general policies relating to all forms of
social welfare which are admin-
37 istered or supervised by the secretary and
to adopt the rules and regu-
38 lations therefor.
39 (c) The secretary shall
hire, in accordance with the provisions of the
40 Kansas civil service act, such employees as
may be needed, in the judg-
41 ment of the secretary, to carry out the
provisions of this act. The secretary
42 shall advise the governor and the
legislature on all social welfare matters
43 covered in this act.
HB 2477--Am. by HCW
2
1 (d) The secretary
shall establish and maintain intake offices through-
2 out the state. The secretary may
establish and create area offices to co-
3 ordinate and supervise the
administration of the intake offices located
4 within the area. The number and
location of intake offices and area offices
5 shall be within the discretion of the
secretary. Each intake office shall be
6 open at least 12 hours of each
working week on a regularly scheduled
7 basis. The secretary shall supervise
all social welfare activities of the intake
8 offices and area offices. The
secretary may lease office or business space,
9 but no lease or rental contract shall
be for a period to exceed 10 years
10 without having first advised and
consulted with the joint commit-
11 tee on state building construction.
A person desiring public assistance,
12 or if the person is incapable or
incapacitated, a relative, friend, personal
13 representative or conservator of the person
shall make application at the
14 intake office. When it is necessary,
employees may take applications else-
15 where at any time. The applications shall
contain a statement of the
16 amount of property, both personal and real,
in which the applicant has
17 an interest and of all income which the
applicant may have at the time
18 of the filing of the application and such
other information as may be
19 required by the secretary. When a husband
and wife are living together
20 the combined income or resources of both
shall be considered in deter-
21 mining the eligibility of either or both
for assistance unless otherwise
22 prohibited by law. The form of application,
the procedure for the deter-
23 mination of eligibility and the amount and
kind of assistance or service
24 shall be determined by the secretary.
25 (e) The secretary shall
provide special inservice training for employ-
26 ees of the secretary and may provide the
training as a part of the job or
27 at accredited educational institutions.
28 (f) The secretary shall
establish an adequate system of financial rec-
29 ords. The secretary shall make annual
reports to the governor and shall
30 make any reports required by federal
agencies.
31 (g) The secretary shall
sponsor, operate or supervise community work
32 experience programs whereby recipients of
assistance shall work out a
33 part or all of their assistance and
conserve work skills and develop new
34 skills. The compensation credited to
recipients for the programs shall be
35 based upon an hourly rate equal to or in
excess of the federal minimum
36 wage hourly rate. The programs shall be
administered by the secretary.
37 In the programs, the secretary shall
provide protection to the recipient
38 under the workmen's
workers compensation act or shall provide com-
39 parable protection and may enter into
cooperative arrangements with
40 other public officials and agencies or with
private not-for-profit corpo-
41 rations providing assistance to needy
persons in developing, subject to
42 the approval of the secretary, the programs
under this section.
43 (h) The secretary may
receive, have custody of, protect, administer,
HB 2477--Am. by HCW
3
1 disburse, dispose of and account for
federal or private commodities,
2 equipment, supplies and any kind of
property, including food stamps or
3 coupons, which are given, granted,
loaned or advanced to the state of
4 Kansas for social welfare works, and
for any other purposes provided for
5 by federal laws or rules and
regulations or by private devise, grant or loan,
6 or from corporations organized to act
as federal agencies, and to do all
7 things and acts which are necessary
or required to perform the functions
8 and carry out the provisions of
federal laws, rules and regulations under
9 which such commodities, equipment,
supplies and other property may be
10 given, granted, loaned or advanced to the
state of Kansas, and to act as
11 an agent of the federal government when
designated as an agent, and do
12 and perform all things and acts that may be
required by the federal laws
13 or rules and regulations not inconsistent
with the act.
14 (i) The secretary may
assist other departments, agencies and insti-
15 tutions of the state and federal government
and of other states under
16 interstate agreements, when so requested,
by performing services in con-
17 formity with the purpose of this act.
18 (j) The secretary shall
have authority to lease real and personal prop-
19 erty whenever the property is not available
through the state or a political
20 subdivision of the state, for carrying on
the functions of the secretary.
21 (k) All contracts shall
be made in the name of ``secretary of social and
22 rehabilitation services,'' and in that name
the secretary may sue and be
23 sued on such contracts. The grant of
authority under this subsection shall
24 not be construed to be a waiver of any
rights retained by the state under
25 the 11th amendment to the United States
constitution and shall be subject
26 to and shall not supersede the provisions
of any appropriations act of this
27 state.
28 (l) All moneys and
property of any kind whatsoever received from the
29 Kansas emergency relief committee or from
any other state department
30 or political subdivision of the state shall
be used by the secretary in the
31 administration and promotion of social
welfare in the state of Kansas. The
32 property may be given, loaned or placed at
the disposal of any county,
33 city or state agency engaged in the
promotion of social welfare.
34 (m) The secretary shall
prepare annually, at the time and in the form
35 directed by the governor, a budget covering
the estimated receipts and
36 expenditures of the secretary for the
ensuing year.
37 (n) The secretary shall
have authority to make grants of funds, com-
38 modities or other needed property to local
units of government under
39 rules and regulations adopted by the
secretary for the promotion of social
40 welfare in local units of government.
41 (o) The secretary shall
have authority to sell any property in the sec-
42 retary's possession received from any
source whatsoever for which there
43 is no need or use in the administration or
the promotion of social welfare
HB 2477--Am. by HCW
4
1 in the state of Kansas.
2 (p) The secretary
shall adopt a seal.
3 (q) The secretary
shall initiate or cooperate with other agencies in
4 developing programs for the
prevention of blindness, the restoration of
5 eyesight and the vocational
rehabilitation of blind persons and shall es-
6 tablish a division of services for
the blind. The secretary may initiate or
7 cooperate with other agencies in
developing programs for the prevention
8 and rehabilitation of other
handicapped persons.
9 (r) The secretary
shall develop a children and youth service program
10 and shall administer or supervise program
activities including the care
11 and protection of children who are
deprived, defective, wayward, miscre-
12 ant, delinquent or children in need of
care. The secretary shall cooperate
13 with the federal government through its
appropriate agency or instru-
14 mentality in establishing, extending and
strengthening such services and
15 undertake other services to children
authorized by law. Nothing in this
16 act shall be construed as authorizing any
state official, agent or represen-
17 tative, in carrying out any of the
provisions of this act, to take charge of
18 any child over the objection of either of
the parents of such child or of
19 the person standing in loco parentis
to such child except pursuant to a
20 proper court order.
21 (s) The secretary shall
develop plans financed by federal funds or
22 state funds or both for providing medical
care for needy persons. The
23 secretary, in developing the plan, may
enter into an agreement with an
24 agent or intermediary for the purpose of
performing certain functions,
25 including the making of medical payment
reviews, determining the
26 amount due the medical vendors from the
state in accordance with stan-
27 dards set by the secretary, preparing and
certifying to the secretary lists
28 of medical vendors and the amounts due them
and other related functions
29 determined by the secretary. The secretary
may also provide medical,
30 remedial, preventive or rehabilitative care
and services for needy persons
31 by the payment of premiums to the federal
social security system for the
32 purchase of supplemental medical insurance
benefits as provided by the
33 federal social security act and amendments
thereto. Medicaid recipients
34 who were residents of a nursing facility on
September 1, 1991, and who
35 subsequently lost eligibility in the period
September 1, 1991, through
36 June 30, 1992, due to an increase in income
shall be considered to meet
37 the 300% income cap eligibility test.
38 (t) The secretary shall
carry on research and compile statistics relative
39 to the entire social welfare program
throughout the state, including all
40 phases of dependency, defectiveness,
delinquency and related problems;
41 develop plans in cooperation with other
public and private agencies for
42 the prevention as well as treatment of
conditions giving rise to social
43 welfare problems.
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5
1 (u) The secretary
may receive grants, gifts, bequests, money or aid of
2 any character whatsoever, for state
welfare work. All moneys coming into
3 the hands of the secretary shall be
deposited in the state social welfare
4 fund provided for in this act.
5 (v) The secretary
may enter into agreements with other states or the
6 welfare department of other states,
in regard to the manner of determin-
7 ing the state of residence in
disputed cases, the manner of returning
8 persons to the place of residence and
the bearing or sharing of the costs.
9 (w) The secretary
shall perform any other duties and services nec-
10 essary to carry out the purposes of this
act and promote social welfare in
11 the state of Kansas, not inconsistent with
the state law.
12 (x) The secretary shall
establish payment schedules for each group of
13 health care providers. Any payment
schedules which are a part of the
14 state medicaid plan shall conform
to state and federal law. The secretary
15 shall not be required to make any
payments under the state medicaid
16 plan which do not meet requirements
for state and federal financial par-
17 ticipation. [Any
payment schedules which are a part of the state
18 medicaid plan shall conform to state and
federal law. The secretary
19 shall not be required to make any
payments under the state med-
20 icaid plan which do not meet
requirements for state and federal
21 financial participation.]
22 (1)
[(1)] The secretary shall consider budgetary
constraints as a factor
23 in establishing payment schedules so long
as the result complies with state
24 and federal law.
25 (2) The
secretary shall establish payment schedules for providers
of
26 hospital and adult care home
services under the medicaid plan that are
27 reasonable and adequate to meet the
costs which must be incurred by
28 efficiently and economically
operated facilities in order to provide care
29 and services in conformity with
applicable state and federal laws, regu-
30 lations, and quality and safety
standards. The secretary shall not be
re-
31 quired to make any payments
under any federal grant program which do
32 not meet the requirements for
state and federal financial participation.
33 The secretary shall not be required
to establish rates for any such
facility
34 that are in excess of the minimum
necessary to efficiently and economi-
35 cally meet those standards
payment requirements regardless of
any excess
36 costs incurred by any
such facility
provider.
37 [(2) The secretary shall
establish payment schedules for pro-
38 viders of hospital and adult care home
services under the medicaid
39 plan that are reasonable and adequate to
meet the costs which
40 must be incurred by efficiently and
economically operated facili-
41 ties in order to provide care and
services in conformity with ap-
42 plicable state and federal laws,
regulations, and quality and safety
43 standards. The secretary shall not be
required to establish rates
HB 2477--Am. by HCW
6
1 for any such facility that are in
excess of the minimum necessary
2 to efficiently and economically
meet those standards regardless of
3 any excess costs incurred by any
such facility.]
4 (y) The secretary
shall maintain a system of centralized payment for
5 all welfare expenditures.
6 [Sec. 2. K.S.A.
75-5945 is hereby amended to read as follows:
7 75-5945. The secretary of aging
shall administer the long-term
8 care programs and services
transferred in this act. All powers
9 granted in this act are to be
interpreted and administered in con-
10 formity with federal grant requirements
as applicable to programs
11 transferred, even if such powers are
limited or excluded:
12 [(a) The secretary of
aging shall develop state plans or state
13 plan amendments or portions of state
plans or state plan amend-
14 ments in consultation with the secretary
of social and rehabilita-
15 tion services relating to long-term care
programs as provided un-
16 der the federal social security act. The
secretary of aging shall not
17 develop any state plan amendment in
duplication of or contrary to
18 any state plan otherwise developed by
the secretary of social and
19 rehabilitation services. The secretary
of aging may cooperate with
20 the federal government on any other
program providing federal
21 financial assistance and long-term care
services not otherwise in-
22 consistent with this act. The secretary
of aging is not required to
23 develop a state plan for participation
or cooperation in all federal
24 social security act programs or other
federal programs that are
25 available for long-term care services.
The secretary of aging may
26 develop a state plan in regard to
long-term care services in which
27 the federal government does not
participate.
28 [(b) The secretary of
aging, in consultation with the secretary
29 of social and rehabilitation services,
may determine the general
30 policies relating to all forms of
long-term care programs which are
31 administered or supervised by the
secretary of aging and to adopt
32 the rules and regulations
therefor.
33 [(c) The secretary of
aging shall adopt rules and regulations
34 necessary to protect the confidentiality
of all client information as
35 required by federal and state statutes
and regulations.
36 [(d) The secretary of
aging shall provide that all officers and
37 employees of the department of social
and rehabilitation services
38 who are engaged in the exercise and
performance of the powers,
39 duties and functions of the programs
transferred in this act and
40 are determined by the secretary to be
necessary to perform such
41 functions are transferred to the
department on aging. Officers and
42 employees of the department of social
and rehabilitation services
43 shall retain all retirement benefits and
leave rights which had ac-
HB 2477--Am. by HCW
7
1 crued or vested prior to each date
of transfer. The service of each
2 such officer and employee so
transferred shall be deemed to have
3 been continuous. All transfers,
layoffs and abolition of classified
4 service positions under the Kansas
civil service act which may re-
5 sult from program transfers shall
be made in accordance with the
6 civil service laws and any rules
and regulations adopted thereun-
7 der. The secretary of aging may
appoint attorneys as are necessary
8 to effectively carry out the
mission of the department and the pro-
9 grams transferred by this act. The
attorneys appointed shall be in
10 the unclassified service under the
Kansas civil service act, shall
11 serve at the pleasure of the secretary,
and shall receive an annual
12 salary fixed by the secretary and
approved by the governor. Noth-
13 ing in this act shall affect the
classified status of any transferred
14 person employed as an attorney by the
department of social and
15 rehabilitation services prior to the
date of transfer and the unclas-
16 sified status shall apply only to
persons appointed to such attorney
17 positions on or after the effective date
of this act.
18 [(e) The secretary of
aging shall establish an adequate system
19 of financial records. The secretary of
aging and the secretary of
20 social and rehabilitation services shall
execute agreements for the
21 department of social and rehabilitation
services and the depart-
22 ment on aging to share data systems
necessary to maximize the
23 efficiency of program operations and to
ensure that federal grant
24 requirements are met. The secretary of
aging shall make annual
25 reports to the governor and shall make
any reports required by
26 federal agencies.
27 [(f) The secretary of
aging may receive, have custody of, pro-
28 tect, administer, disburse, dispose of
and account for federal or
29 private equipment, supplies and property
which is given, granted,
30 loaned or advanced to the state of
Kansas for long-term care pro-
31 grams after the transfer of such
programs pursuant to this act.
32 [(g) The secretary of
aging may assist other departments, agen-
33 cies and institutions of the state and
federal government and of
34 other states under interstate
agreements, when so requested, by
35 performing services in conformity with
the purpose of this act.
36 [(h) The secretary of
aging may lease real and personal prop-
37 erty whenever the property is not
available through the state or a
38 political subdivision of the state for
performing the functions re-
39 quired by this act.
40 [(i) All contracts
shall be made in the name of ``secretary of
41 aging'' and in that name the secretary
may sue and be sued on
42 such contracts. The grant of authority
under this subsection shall
43 not be construed to be a waiver of any
rights retained by the state
HB 2477--Am. by HCW
8
1 under the 11th amendment to the
United States constitution and
2 shall be subject to and shall not
supersede the provisions of any
3 appropriations act of this
state.
4 [(j) The
secretary of aging, except as set forth in the Kansas
5 administrative procedure act and
paragraphs 5 and 6, shall provide
6 a fair hearing for any person who
is an applicant, client or other
7 interested person who appeals from
the decision or final action of
8 any agent or employee of the
secretary. The hearing shall be con-
9 ducted in accordance with the
provisions of the Kansas adminis-
10 trative procedure act and the
requirements of any applicable fed-
11 eral grant programs.
12 [(1) The secretary of
aging may investigate (A) any claims and
13 vouchers and persons, businesses and
other entities who provide
14 services to the secretary of aging or to
clients served by long-term
15 care programs under the administration
of the secretary, and (B)
16 the eligibility of persons to receive
services under long-term care
17 programs under the administration of the
secretary, and (C) the
18 eligibility of providers of
services.
19 [(2) When conducting
investigations, the secretary of aging
20 may issue subpoenas; compel the
attendance of witnesses at any
21 place in this state; compel the
production of any records, books,
22 papers or other documents considered
necessary; administer
23 oaths; take testimony; and render
decisions. If a person refuses to
24 comply with any subpoena issued under
this section or to testify
25 to any matter regarding which the person
may lawfully be ques-
26 tioned, the district court of any
county, on application of the sec-
27 retary, may issue an order requiring the
person to comply with the
28 subpoena and to testify. Failure to obey
the order of the court may
29 be punished by the court as a contempt
of court. Unless incapac-
30 itated, the person placing a claim or
defending a privilege before
31 the secretary shall appear in person or
by authorized representa-
32 tive and may not be excused from
answering questions and sup-
33 plying information, except in accordance
with the person's consti-
34 tutional rights and lawful
privileges.
35 [(3) The presiding
officer may close any portion of a hearing
36 conducted under the Kansas
administrative procedure act when
37 matters made confidential, pursuant to
federal or state law or reg-
38 ulation are under consideration.
39 [(4) Except as
provided in subsection (d) of K.S.A. 77-511 and
40 amendments thereto and notwithstanding
the other provisions of
41 the Kansas administrative procedure act,
the secretary of aging
42 may enforce any order prior to the
disposition of a person's appli-
43 cation for an adjudicative proceeding
unless prohibited from such
HB 2477--Am. by HCW
9
1 action by federal or state
statute, regulation or court order.
2 [(5) This
appeals procedure shall not have jurisdiction to de-
3 termine the facial validity of a
state or federal statute, rule or reg-
4 ulation.
5 [(6) The
secretary of aging shall not be required to provide a
6 hearing if: (A) The appeals
procedure lacks jurisdiction over the
7 subject matter; (B) resolution of
the matter does not require the
8 secretary to issue an order that
determines an applicant's or cli-
9 ent's legal rights, duties,
privileges, immunities or other legal in-
10 terests; (C) the matter was not timely
submitted for appeal pur-
11 suant to regulation or other provision
of law; (D) the matter was
12 not submitted in a form substantially
complying with any appli-
13 cable provision of law; or (E) the
matter is under the prior or con-
14 current jurisdiction of the secretary of
social and rehabilitation
15 services pursuant to K.S.A. 75-3306 and
amendments thereto.
16 [(k) The
secretary of aging may establish payment schedules for
each
17 group of providers for the
long-term care programs. The secretary shall
18 consider budgetary constraints as a
factor in establishing payment sched-
19 ules so long as the result does not
conflict with applicable federal law.
20 The secretary shall not be required
to make any payments under any
21 federal grant program which do not
meet the requirements for state and
22 federal financial participation.
The secretary shall not be required to make
23 any payments under any federal
grant program which do not meet the
24 requirements for state and federal
financial participation. The secretary
25 shall not be required to establish
or pay at rates which are in excess of
26 the minimum necessary payment
requirements regardless of excess costs
27 incurred by a provider.
The secretary shall establish payment schedules
28 for each group of health care providers
for long-term care programs. Any
29 payment schedules which are a part of
the state medicaid plan shall con-
30 form to state and federal law. The
secretary shall not be required to make
31 any payments under the state medicaid
plan which do not meet require-
32 ments for state and federal financial
participation.
33
[(1) The secretary shall consider budgetary
constraints as a factor in
34 establishing payment schedules so long
as the result complies with state
35 and federal law.
36
[(2) The secretary shall establish payment schedules
for providers of
37 long-term care services under the
medicaid plan that are reasonable and
38 adequate to meet the costs which must be
incurred by efficiently and
39 economically operated facilities in
order to provide care and services in
40 conformity with applicable state and
federal laws, regulations, and quality
41 and safety standards. The secretary
shall not be required to establish rates
42 for any such provider or facility that
are in excess of the minimum nec-
43 essary to efficiently and economically
meet those standards regardless of
HB 2477--Am. by HCW
10
1 any excess costs incurred by any
such provider or facility.
2 [(l) The
secretary of aging shall review all rules and regulations
3 of the department on aging and
shall amend and revoke the rules
4 and regulations to conform to the
purposes of this act.
5 [(m) The
secretary of aging may implement a program which
6 would permit the value of any
services provided by the area agen-
7 cies on aging for the benefit of
any long-term care programs ad-
8 ministered by the secretary to be
considered eligible for federal
9 financial participation for such
long-term care programs.]
10 Sec. 2
[3]. [K.S.A. 75-5945 and] K.S.A.
1995 1997 Supp.
39-708c,
11 as amended by section 104 of
chapter 229 of the 1996 Session Laws of
12 Kansas,
is [are] hereby repealed.
13 Sec. 3
[4]. This act shall take effect and be in force from
and after
14 its publication in the statute book.
15