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10  AN ACT concerning the Kansas commission on veterans affairs; estab-
11    lishing the Kansas veterans' home on the grounds of Winfield state
12    hospital and training center; providing for lease and operation of a
13    long-term care annex in Wichita; authorizing certain contracts for
14    construction of dwellings at the Kansas soliders' home and pre-
15    scribing guidelines therefor; amending K.S.A. 73-1207, 73-1208b,
16    73-1210a and 75-3036a and K.S.A. 1996 Supp. 40-3414, 76-375 and
17    76-381 and repealing the existing sections.
18
19  Be it enacted by the Legislature of the State of Kansas:
20    New Section 1.  (a) On and after January 1, 1998, the Kansas com-
21  mission on veterans affairs shall operate a Kansas veterans' home to be
22  located on the grounds of Winfield state hospital and training center. The
23  commission on veterans affairs and the secretary of social and rehabili-
24  tation services shall enter into an agreement concerning property, prem-
25  ises, facilities, installations, equipment and records of Winfield state hos-
26  pital and training center which will be transferred to the Kansas
27  commission on veterans affairs for the purpose of establishing and op-
28  erating the Kansas veterans' home. The agreement shall establish the
29  timing of any such transfers. Any conflict as to the proper disposition of
30  property or records arising under this section shall be determined by the
31  governor, whose decision shall be final.
32    (b)  The Kansas commission on veterans affairs shall have full control
33  of the Kansas veterans' home, the property, effects, supervision and man-
34  agement of the home.
35    (c)  The Kansas commission on veterans affairs may enter into an
36  agreement with the United States department of veterans affairs for the
37  use and operation of the nursing care unit of the Wichita veterans ad-
38  ministration medical center in Wichita, Kansas, as a long-term care unit
39  of the Kansas veterans' home, which shall be known as the Kansas vet-
40  erans' home long-term care annex. The Kansas veterans' home long-term
41  care annex shall be operated as a part of the Kansas veterans' home and
42  shall be construed to be part of the Kansas veterans' home for all purposes
43  under statutes governing or referring to the Kansas veterans' home.
HB 2497--Am.
                                     

 1    (d)  A superintendent of the Kansas veterans' home shall be appointed
 2  by the Kansas commission on veterans affairs, and shall serve at the pleas-
 3  ure of the commission. The superintendent shall be in the unclassified
 4  service under the Kansas civil service act and shall receive an annual salary
 5  fixed by the Kansas commission on veterans affairs, with the approval of
 6  the governor. The superintendent of the Kansas veterans' home shall
 7  perform such duties and exercise such powers as the commission may
 8  prescribe, and such duties and powers as are prescribed by law.
 9    New Sec. 2.  The Kansas commission on veterans affairs shall estab-
10  lish rates of charges to be made to members and patients of the Kansas
11  veterans' home. The charges in the first year of operation of the Kansas
12  veterans' home shall not exceed an amount equal to the per diem cost of
13  care for the Kansas soldiers' home for the preceding year or the charge
14  made against patients under K.S.A. 59-2006 and amendments thereto,
15  whichever is less, and thereafter the charges shall not exceed an amount
16  equal to the per diem cost of care for the Kansas veterans' home for the
17  preceding year or the charge made against patients under K.S.A. 59-2006
18  and amendments thereto, whichever is the lesser amount. No action shall
19  be commenced by the Kansas commission on veterans affairs against a
20  member or patient or the estate of a member or patient for the recovery
21  of any such charges unless such action is commenced within five years
22  after the date such charges are incurred. The commission may compro-
23  mise and settle any claim for charges under this section, and may, upon
24  payment of a valuable consideration by the member or patient or the
25  estate of the member or patient, discharge and release such member,
26  patient or estate of any or all past liability incurred under this section due
27  or claim to be due from a member or a patient or the estate of the
28  member or patient, no action shall thereafter be brought or claim made
29  for any amounts due for charges incurred prior to the effective date of
30  the agreement entered into, except for the amounts provided for in the
31  agreement. Nothing in this act shall be deemed to extend the period
32  specified in K.S.A. 59-2239 and amendments thereto for the purposes
33  therein specified.
34    New Sec. 3.  The superintendent of the Kansas veterans' home shall
35  remit all moneys received by or for the superintendent under this act and
36  all moneys received from the United States department of veterans affairs
37  for reimbursements for the care of residents to the state treasurer at least
38  monthly. Upon receipt of any such remittance, the state treasurer shall
39  deposit the entire amount thereof in the state treasury and the same shall
40  be credited to the veterans' home fee fund which is hereby created. All
41  expenditures from such fund shall be made in accordance with appro-
42  priation acts upon warrants of the director of accounts and reports issued
43  pursuant to vouchers approved by the executive director of the Kansas
HB 2497--Am.
                                     

 1  commission on veterans affairs or by a person or persons designated by
 2  the executive director.
 3    New Sec. 4.  (a) The following, subject to the rules and regulations
 4  that may be adopted by the Kansas commission on veterans affairs for
 5  the management and government of the Kansas veterans' home, shall be
 6  eligible to admission to the Kansas veterans' home:
 7    (1)  Any person who served in the active military service of the United
 8  States during any period of war, or who served in the active military
 9  service of the United States during peacetime and is entitled to veterans
10  affairs hospitalization or domiciliary care under title 38 of the United
11  States code and federal veterans affairs rules and regulations, and who
12  has been discharged or relieved therefrom under conditions other than
13  dishonorable, who may be disabled by disease, wounds, old age or oth-
14  erwise disabled, and who, by reason of such disability, is incapacitated
15  from earning a living; and
16    (2)  the widow, mother, widower, father or minor child of any person
17  who qualified under paragraph (1) of subsection (a), if such widow,
18  mother, widower, father or minor child is incapable of self-support be-
19  cause of physical disability.
20    (b)  No person shall be admitted to the veterans' home except upon
21  application to the commission and approval of the application by the com-
22  mission. No applicant shall be admitted to the veterans' home who has
23  not been an actual resident of the state of Kansas for at least two years
24  next preceding the date of application.
25    (c)  No person shall be admitted to or retained in the veterans' home
26  who has been convicted of a felony, unless the commission finds that such
27  person has been adequately rehabilitated and is not dangerous to oneself
28  or to the person or property of others.
29    (d)  No child shall be admitted to or retained in the veterans' home
30  who is 16 years of age or over, unless such child is incapable of supporting
31  oneself.
32    (e)  No child properly a member of the veterans' home shall be dis-
33  charged under 16 years of age.
34    (f)  The Kansas commission on veterans affairs shall have authority by
35  resolution to discharge any member from the veterans' home on a show-
36  ing that the member has gained admittance into the veterans' home by
37  misrepresentation of the member's financial or physical condition, or a
38  showing that the financial or physical condition of such member has been
39  so altered since admittance so that the further maintenance of the mem-
40  ber in the veterans' home is not justified. No such member shall be dis-
41  charged without notice and opportunity to be heard in accordance with
42  the provisions of the Kansas administrative procedure act.
43    (g)  The rules and regulations for admission of members to the Kansas
HB 2497--Am.
                                     

 1  veterans' home:
 2    (1)  Shall require that a veteran who has no adequate means of sup-
 3  port, and such members of the family as are dependent upon such person
 4  for support, shall be given priority over other applicants for admission;
 5  and
 6    (2)  shall require that an applicant for admission be given priority over
 7  patients transferred from state institutions under the provisions of section
 8  8 and amendments thereto.
 9    New Sec. 5.  (a) The Kansas commission on veterans affairs shall have
10  the authority to establish rules and regulations for the management and
11  operation of the Kansas veterans' home and governing conduct and dis-
12  cipline of the members of and other persons in the Kansas veterans'
13  home. Such rules and regulations shall be filed with the secretary of state
14  as provided by law.
15    (b)  The superintendent of the Kansas veterans' home shall enforce
16  such rules and regulations, and the superintendent may furlough any
17  member for violation of such rules.
18    (c)  The Kansas commission on veterans affairs may discharge any
19  member who violates such rules and regulations, except that no member
20  shall be discharged without notice to such member and a right to be heard
21  concerning such charges in accordance with the provisions of the Kansas
22  administrative procedure act.
23    (d)  If any member shall seek an injunction or restraining order to
24  restrain the Kansas commission on veterans affairs or the officers of such
25  Kansas veterans' home from enforcing such rules and regulations or to
26  restrain disciplinary action, during the pendency of such legal proceed-
27  ings, such member and the member's dependents, if any, shall not be
28  entitled to draw subsistence or rations as provided for by such home.
29    (e)  If any member of such veterans' home shall refuse to vacate the
30  premises upon receiving a furlough from the officers designated to en-
31  force the rules and regulations, such refusal shall constitute a forfeiture
32  of such member's right to remain in the home and such member shall be
33  forthwith discharged by the Kansas commission on veterans affairs.
34    (f)  If any member shall refuse to vacate the premises upon being
35  discharged by the Kansas commission on veterans affairs, such member
36  shall forthwith forfeit the member's right to subsistence and rations for
37  such member and dependents, if any, and the Kansas commission on
38  veterans affairs shall institute legal proceedings to force such member to
39  vacate the premises.
40    (g)  The word ``member'' as used in this act shall refer to any person
41  legally admitted as a member or any dependent of such member, or any
42  person drawing subsistence or quarters in the Kansas veterans' home for
43  any reason whatsoever, except the employees of such veterans' home.
HB 2497--Am.
                                     

 1  The word ``member'' shall not include any person transferred to the vet-
 2  erans' home from any state hospital or training school.
 3    New Sec. 6.  The Kansas commission on veterans affairs shall desig-
 4  nate a person at the Kansas veterans' home who shall be in charge of the
 5  member funds at such veterans' home. The person so designated shall
 6  have custody and charge of all moneys belonging to the members, or
 7  patients residing in the Kansas veterans' home, which are held for their
 8  use, benefit and burial. The Kansas commission on veterans affairs shall
 9  designate the bank or banks, in which such moneys shall be deposited,
10  and shall provide that any sums in excess of $5,000 shall be deposited
11  with the state treasurer for safekeeping. Any fund so deposited with the
12  state treasurer shall be held by the state treasurer, separate and apart
13  from the other funds in the custody of the state treasurer, and may be
14  withdrawn by the person designated by the Kansas commission on vet-
15  erans affairs.
16    New Sec. 7.  (a) The custodian of the members and patients trust
17  fund at the Kansas veterans' home shall notify the executive director of
18  the Kansas commission on veterans affairs of any moneys which are under
19  the custodian's charge belonging to members who have died intestate,
20  without known heirs or designated beneficiaries for funds on deposit, and
21  the executive director shall publish a notice for two consecutive weeks in
22  the Kansas register which shall state the name of each deceased member,
23  their last known home address and the amount of the deposit remaining
24  in the account of such former member; and such notice shall further state
25  that unless interested persons appear and file a legitimate claim therefor
26  within one year after the date of the last publication of such notice, such
27  amount or amounts will be transferred to the general fees fund of the
28  veterans' home to help defray unrecovered costs connected with the
29  maintenance and operation of the veterans' home and for accounting,
30  auditing, budgeting, legal, payroll, personnel and purchasing services
31  which are performed on behalf of such agency by other state agencies.
32    (b)  Unless a party entitled thereto makes claim within the time stated
33  in the notice, the balance in any former member's fund as so published
34  for which no claim is made as prescribed in this section shall be trans-
35  ferred as provided in this section. Thereafter, unless a claim is filed with
36  the commission on veterans affairs within two years after such transfer is
37  made, no claim may be made or filed for such former member's fund
38  except that a person under legal disability during the two-year period may
39  file a claim within one year after removal of the disability. The commission
40  on veterans affairs is hereby authorized to make payments to claimants it
41  shall determine are entitled thereto, if such claims otherwise comply with
42  the terms of this act; and such payments shall be authorized from the
43  general fees fund of the Kansas veterans' home to which the former mem-
HB 2497--Am.
                                     

 1  ber's funds were transferred.
 2    New Sec. 8.  (a) The commissioner of mental health and develop-
 3  mental disabilities of the department of social and rehabilitation services,
 4  with the approval of the secretary of social and rehabilitation services and
 5  the Kansas commission on veterans affairs, may transfer patients in the
 6  state hospitals in Topeka, Osawatomie and Larned and patients in the
 7  Rainbow mental health facility, the Parsons state hospital and training
 8  center and the Winfield state hospital and training center who have served
 9  in the military or naval forces of the United States or whose husband,
10  wife, father, son or daughter has served in the active military or naval
11  service of the United States during any period of any war as defined in
12  section 4 and amendments thereto, and was discharged or relieved there-
13  from under conditions other than dishonorable, to the Kansas veterans'
14  home. No patient who is such a mentally ill person, in the opinion of the
15  commissioner of mental health and developmental disabilities, that be-
16  cause of such patient's illness such patient is likely to injure oneself or
17  others shall be so transferred to such Kansas veterans' home, and no such
18  patient shall be so transferred if such transfer will deny admission to
19  persons entitled to admission under section 4 and amendments thereto
20  and rules and regulations promulgated thereunder. Persons so transferred
21  shall not be considered as members of the Kansas veterans' home but
22  shall be considered as patients therein.
23    (b)  All of the laws, rules and regulations relating to patients in the
24  above-specified state hospitals and mental health facilities shall be appli-
25  cable to such patients so transferred insofar as the same can be made
26  applicable. Any patient so transferred who is found to be or shall become
27  such a mentally ill person, in the opinion of the commissioner of mental
28  health and developmental disabilities, that because of such patient's ill-
29  ness such patient is likely to injure oneself or others or who is determined
30  to need additional psychiatric treatment, shall be retransferred by the
31  superintendent of the Kansas veterans' home, with the approval of the
32  commissioner of mental health and developmental disabilities, to the in-
33  stitution from which the patient was originally transferred.
34    New Sec. 9.  (a) The Kansas commission on veterans' affairs
35  may enter into a written contract with any individual who is eli-
36  gible for admission to the Kansas soldiers' home under K.S.A. 76-
37  1908, and amendments thereto, to authorize the construction of a
38  single-family dwelling for use as a home for such individual and
39  such individual's family members on the real property of the Kan-
40  sas soldiers' home in accordance with rules and regulations
41  adopted by the Kansas commission on veterans affairs under this
42  section. Each such dwelling shall be constructed and maintained
43    (1) at the expense of the individual entering into a contract with
HB 2497--Am.
                                     

 1  the commission under this section, including any required sewer,
 2  water and utility connections, (2) at a location on the real property
 3  of the Kansas soldiers' home approved in accordance with rules
 4  and regulations adopted by the commission under this section, and
 5    (3) in accordance with the building design, construction and ma-
 6  terials standards as authorized or prescribed by rules and regu-
 7  lations adopted by the commission under this section.
 8    (b) The Kansas commission on veterans affairs shall grant a life
 9  estate to each individual who enters into a contract under this sec-
10  tion and who constructs a dwelling at the Kansas soldiers' home in
11  accordance with this section and the rules and regulations adopted
12  by the commission under this section. The life estate shall be for
13  the dwelling and the tract of real property that the dwelling is
14  constructed on, as specified in the contract entered into under this
15  section, for the life of the individual and the lives of such indivi-
16  dual's family members who are residing in the dwelling. Each life
17  estate granted by the commission under this section shall be ap-
18  proved as to form and legality by the attorney general.
19    (c) At the end of each life estate granted under this section, the
20  dwelling and real estate which is the subject of the life estate shall
21  revert to the Kansas soldiers' home and such dwelling and real
22  estate shall be used for housing of veterans and other eligible in-
23  dividuals admitted to the Kansas soldiers' home as provided by
24  statute.
25    (d) The Kansas commission on veterans affairs shall adopt rules
26  and regulations prescribing policies and procedures for the con-
27  struction and maintenance of single-family dwellings on the real
28  estate of Kansas soldiers' home, prescribing building design, con-
29  struction and materials standards for such dwellings, and for such
30  other matters as may be required for the implementation and ad-
31  ministration of this section. No rule and regulation shall be
32  adopted by the Kansas commission on veterans affairs under this
33  subsection unless the Kansas commission on veterans affairs first
34  has advised and consulted with the joint committee on state build-
35  ing construction and has presented such proposed rule and regu-
36  lation to the joint committee on state building construction.
37    (e) As used in this section, ``family members'' includes the spouse
38  of an individual who has entered into a contract under this section,
39  the widow or widower of an individual who has entered into a
40  contract under this section, and the mother, father or minor child
41  of an individual who has entered into a contract under this section,
42  if such mother, father or minor child is incapable of self-support
43  because of physical disability.
HB 2497--Am.
                                     

 1    Sec. 9. 10.  On January 1, 1998, K.S.A. 1996 Supp. 40-3414 is hereby
 2  amended to read as follows: 40-3414. (a) Any health care provider, or any
 3  health care system organized and existing under the laws of this state
 4  which owns and operates two or more medical care facilities licensed by
 5  the department of health and environment, whose aggregate annual in-
 6  surance premium is or would be $100,000 or more for basic coverage
 7  calculated in accordance with rating procedures approved by the com-
 8  missioner pursuant to K.S.A. 40-3413 and amendments thereto, may
 9  qualify as a self-insurer by obtaining a certificate of self-insurance from
10  the board of governors. Upon application of any such health care provider
11  or health care system, on a form prescribed by the board of governors,
12  the board of governors may issue a certificate of self-insurance if the
13  board of governors is satisfied that the applicant is possessed and will
14  continue to be possessed of ability to pay any judgment for which liability
15  exists equal to the amount of basic coverage required of a health care
16  provider obtained against such applicant arising from the applicant's ren-
17  dering of professional services as a health care provider. In making such
18  determination the board of governors shall consider (1) the financial con-
19  dition of the applicant, (2) the procedures adopted and followed by the
20  applicant to process and handle claims and potential claims, (3) the
21  amount and liquidity of assets reserved for the settlement of claims or
22  potential claims and (4) any other relevant factors. The certificate of self-
23  insurance may contain reasonable conditions prescribed by the board of
24  governors. Upon notice and a hearing in accordance with the provisions
25  of the Kansas administrative procedure act, the board of governors may
26  cancel a certificate of self-insurance upon reasonable grounds therefor.
27  Failure to pay any judgment for which the self-insurer is liable arising
28  from the self-insurer's rendering of professional services as a health care
29  provider, the failure to comply with any provision of this act or the failure
30  to comply with any conditions contained in the certificate of self-insur-
31  ance shall be reasonable grounds for the cancellation of such certificate
32  of self-insurance. The provisions of this subsection shall not apply to the
33  Kansas soldiers' home, the Kansas veterans' home or to any person who
34  is a self-insurer pursuant to subsection (d) or (e).
35    (b)  Any such health care provider or health care system that holds a
36  certificate of self-insurance shall pay the applicable surcharge set forth in
37  subsection (c) of K.S.A. 40-3402 and amendments thereto.
38    (c)  The Kansas soldiers' home and the Kansas veterans' home shall
39  be a self-insurer self-insurers and shall pay the applicable surcharge set
40  forth in subsection (c) of K.S.A. 40-3402 and amendments thereto.
41    (d)  Persons engaged in residency training as provided in subsections
42    (r)(1) and (2) of K.S.A. 40-3401, and amendments thereto, shall be self-
43  insured by the state of Kansas for occurrences arising during such train-
HB 2497--Am.
                                     

 1  ing, and such person shall be deemed a self-insurer for the purposes of
 2  the health care provider insurance availability act. Such self-insurance
 3  shall be applicable to a person engaged in residency training only when
 4  such person is engaged in medical activities which do not include extra-
 5  curricular, extra-institutional medical service for which such person re-
 6  ceives extra compensation and which have not been approved as provided
 7  in subsections (r)(1) and (2) of K.S.A. 40-3401, and amendments thereto.
 8    (e) (1)  A person engaged in a postgraduate training program ap-
 9  proved by the state board of healing arts at a medical care facility or
10  mental health center in this state may be self-insured by such medical
11  care facility or mental health center in accordance with this subsection
12    (e) and in accordance with such terms and conditions of eligibility therefor
13  as may be specified by the medical care facility or mental health center
14  and approved by the board of governors. A person self-insured under this
15  subsection (e) by a medical care facility or mental health center shall be
16  deemed a self-insurer for purposes of the health care provider insurance
17  availability act. Upon application by a medical care facility or mental
18  health center, on a form prescribed by the board of governors, the board
19  of governors may authorize such medical care facility or mental health
20  center to self-insure persons engaged in postgraduate training programs
21  approved by the state board of healing arts at such medical care facility
22  or mental health center if the board of governors is satisfied that the
23  medical care facility or mental health center is possessed and will continue
24  to be possessed of ability to pay any judgment for which liability exists
25  equal to the amount of basic coverage required of a health care provider
26  obtained against a person engaged in such a postgraduate training pro-
27  gram and arising from such person's rendering of or failure to render
28  professional services as a health care provider.
29    (2)  In making such determination the board of governors shall con-
30  sider (A) the financial condition of the medical care facility or mental
31  health center, (B) the procedures adopted by the medical care facility or
32  mental health center to process and handle claims and potential claims,
33  (C) the amount and liquidity of assets reserved for the settlement of
34  claims or potential claims by the medical care facility or mental health
35  center and (D) any other factors the board of governors deems relevant.
36  The board of governors may specify such conditions for the approval of
37  an application as the board of governors deems necessary. Upon approval
38  of an application, the board of governors shall issue a certificate of self-
39  insurance to each person engaged in such postgraduate training program
40  at the medical care facility or mental health center who is self-insured by
41  such medical care facility or mental health center.
42    (3)  Upon notice and a hearing in accordance with the provisions of
43  the Kansas administrative procedure act, the board of governors may
HB 2497--Am.
                                     

 1  cancel, upon reasonable grounds therefor, a certificate of self-insurance
 2  issued pursuant to this subsection (e) or the authority of a medical care
 3  facility or mental health center to self-insure persons engaged in such
 4  postgraduate training programs at the medical care facility or mental
 5  health center. Failure of a person engaged in such postgraduate training
 6  program to comply with the terms and conditions of eligibility to be self-
 7  insured by the medical care facility or mental health center, the failure
 8  of a medical care facility or mental health center to pay any judgment for
 9  which such medical care facility or mental health center is liable as self-
10  insurer of such person, the failure to comply with any provisions of the
11  health care provider insurance availability act or the failure to comply
12  with any conditions for approval of the application or any conditions con-
13  tained in the certificate of self-insurance shall be reasonable grounds for
14  cancellation of such certificate of self-insurance or the authority of a med-
15  ical care facility or mental health center to self-insure such persons.
16    (4)  A medical care facility or mental health center authorized to self-
17  insure persons engaged in such postgraduate training programs shall pay
18  the applicable surcharge set forth in subsection (c) of K.S.A. 40-3402 and
19  amendments thereto on behalf of such persons.
20    (5)  As used in this subsection (e), ``medical care facility'' does not
21  include the university of Kansas medical center or those community hos-
22  pitals or medical care facilities described in subsection (r)(2) of K.S.A.
23  40-3401, and amendments thereto.
24    (f)  For the purposes of subsection (a), ``health care provider'' may
25  include each health care provider in any group of health care providers
26  who practice as a group to provide physician services only for a health
27  maintenance organization, any professional corporations, partnerships or
28  not-for-profit corporations formed by such group and the health main-
29  tenance organization itself. The premiums for each such provider, health
30  maintenance organization and group corporation or partnership may be
31  aggregated for the purpose of being eligible for and subject to the stat-
32  utory requirements for self-insurance as set forth in this section.
33    (g)  The provisions of subsections (a) and (f), relating to health care
34  systems, shall not affect the responsibility of individual health care pro-
35  viders as defined in subsection (f) of K.S.A. 40-3401 and amendments
36  thereto or organizations whose premiums are aggregated for purposes of
37  being eligible for self-insurance from individually meeting the require-
38  ments imposed by K.S.A. 40-3402 and amendments thereto with respect
39  to the ability to respond to injury or damages to the extent specified
40  therein and K.S.A. 40-3404 and amendments thereto with respect to the
41  payment of the health care stabilization fund surcharge.
42    (h)  Each private practice corporation or foundation and their full-
43  time physician faculty employed by the university of Kansas medical cen-
HB 2497--Am.
                                     

 1  ter shall be deemed a self-insurer for the purposes of the health care
 2  provider insurance availability act. The private practice corporation or
 3  foundation of which the full-time physician faculty is a member shall pay
 4  the applicable surcharge set forth in subsection (a) of K.S.A. 40-3404, and
 5  amendments thereto, on behalf of the private practice corporation or
 6  foundation and their full-time physician faculty employed by the univer-
 7  sity of Kansas medical center.
 8    Sec. 10. 11.  On January 1, 1998, K.S.A. 73-1207 is hereby amended
 9  to read as follows: 73-1207. The purposes of this act are (1) to afford
10  veterans, their relatives and dependents information, advice, direction
11  and assistance through coordination of programs and services in the fields
12  of education, health, vocational guidance and placement, mental care and
13  economic security and (2) to provide a commission to furnish the services
14  described in clause (1) of this section and to manage, operate and control
15  the Kansas soldiers' home and Mother Bickerdyke annex and the Kansas
16  veterans' home.
17    Sec. 11. 12.  K.S.A. 73-1208b is hereby amended to read as follows:
18  73-1208b. The commission shall hold regular monthly meetings and such
19  other meetings as the chairman of the commission shall deem advisable.
20  Such regular monthly meetings shall be held in regular offices to be es-
21  tablished and maintained at Topeka, Kansas, or shall be held at the Kansas
22  soldiers' home and Mother Bickerdyke annex or the Kansas veterans'
23  home.
24    Sec. 12. 13.  On January 1, 1998, K.S.A. 73-1210a is hereby amended
25  to read as follows: 73-1210a. (a) Except as otherwise provided by law, and
26  subject to the Kansas civil service act, the executive director of the Kansas
27  commission on veterans affairs shall appoint such subordinate officers and
28  employees, subject to the approval of the commission, as are necessary
29  to enable the commission to exercise or perform its functions, powers
30  and duties pursuant to the provisions of article 12 of chapter 73 of Kansas
31  Statutes Annotated, and amendments thereto. All such subordinate offi-
32  cers and employees shall be within the classified service under the Kansas
33  civil service act, shall perform such duties and exercise such powers as
34  the Kansas commission on veterans affairs and the executive director of
35  the commission may prescribe and such duties and powers as are desig-
36  nated by law, and shall act for and exercise the powers of the commission
37  and the executive director to the extent authority to do so is delegated by
38  such commission or director.
39    (b)  Except as otherwise provided by law, and subject to the Kansas
40  civil service act, the executive director of the Kansas commission on vet-
41  erans affairs shall appoint such subordinate officers and employees, sub-
42  ject to the approval of the Kansas commission on veterans affairs, as shall
43  be necessary to enable the commission to exercise or perform its func-
HB 2497--Am.
                                     

 1  tions, powers and duties pursuant to the provisions of article 19 of chapter
 2  76 of Kansas Statutes Annotated, and amendments thereto. All such sub-
 3  ordinate officers and employees shall be within the classified service un-
 4  der the Kansas civil service act, shall perform such duties and exercise
 5  such powers as the commission, the executive director of the commission
 6  and, the superintendent of the Kansas soldiers' home and the superin-
 7  tendent of the Kansas veterans' home may prescribe and such duties and
 8  powers as are designated by law, and shall act for and exercise the powers
 9  of the commission, the executive director of the commission and, the
10  superintendent of the Kansas soldiers' home and the superintendent of
11  the Kansas veterans' home to the extent authority to do so is delegated
12  by such commission, executive director or superintendent.
13    (c)  Nothing in this act shall be construed to affect the status, rights
14  or benefits of any officer or employee of the Kansas veterans' commission
15  employed by such commission on the effective date of this act.
16    Sec. 13. 14.  On January 1, 1998, K.S.A. 75-3036a is hereby amended
17  to read as follows: 75-3036a. No moneys appropriated from the general
18  fund for any correctional institution, as defined in K.S.A. 75-5202(d) and
19  amendments thereto, any institution, as defined in K.S.A. 76-12a01(b) and
20  amendments thereto, the Kansas soldiers' home, the Kansas veterans'
21  home, the Kansas state school for the visually handicapped, or the Kansas
22  state school for the deaf, shall be used for the purchase of identifiable
23  imported meats.
24    Sec. 14. 15.  On January 1, 1998, K.S.A. 1996 Supp. 76-375 is hereby
25  amended to read as follows: 76-375. (a) On or before December 31 in
26  each year, the chancellor of the university of Kansas, or the designee of
27  the chancellor, shall prepare a list of the areas of this state which the
28  chancellor, or designee of the chancellor, determines to be critically med-
29  ically underserved areas by specialty and the areas of this state which the
30  chancellor, or designee of the chancellor, determines to be medically
31  underserved areas by specialty. In preparing such a list the chancellor, or
32  designee of the chancellor, shall consult with the medical scholarship
33  advisory committee. All state medical care facilities or institutions, all
34  medical centers operated in the state of Kansas by the veterans admin-
35  istration of the United States, and all full-time faculty positions at the
36  university of Kansas school of medicine in family medicine or family prac-
37  tice are qualified for service in both service commitment area I and serv-
38  ice commitment area II without being determined medically underserved
39  areas. In preparing such a list, the portion of time of persons engaged in
40  the practice of medicine and surgery at any institution under the juris-
41  diction and control of the secretary of social and rehabilitation services
42  shall not be included in determining whether an area is critically medically
43  underserved or medically underserved. Every such list shall note that all
HB 2497--Am.
                                     

 1  state medical care facilities or institutions qualify for such service com-
 2  mitments, in addition to listing those areas determined to be critically
 3  medically underserved or medically underserved. Critically medically un-
 4  derserved areas by specialty and medically underserved areas by specialty
 5  established prior to the effective date of this act by the secretary of health
 6  and environment shall continue in effect for the purposes of this act until
 7  changed by the chancellor of the university of Kansas, or the designee of
 8  the chancellor. The chancellor of the university of Kansas, or the designee
 9  of the chancellor, upon a finding of exceptional circumstances may modify
10  areas or portions of areas determined to be critically medically underser-
11  ved or medically underserved by specialty.
12    (b) (1)  A service commitment area shall be designated as a service
13  commitment area I or a service commitment area II. Service commitment
14  area I shall be any area determined by the chancellor of the university of
15  Kansas, or the designee of the chancellor, under subsection (a) to be, for
16  purposes of all agreements entered into under K.S.A. 76-374 and amend-
17  ments thereto, a medically underserved area or a critically medically un-
18  derserved area. Service commitment area II shall be, for purposes of all
19  agreements entered into under K.S.A. 76-374 and amendments thereto,
20  the state of Kansas.
21    (2)  The service commitment area I or II for persons first awarded
22  scholarships after December 31, 1985, shall be an incorporated city of
23  this state as specified in subsection (d)(2) of K.S.A. 76-374 and amend-
24  ments thereto, all state medical care facilities or institutions, all medical
25  centers operated in the state of Kansas by the veterans administration of
26  the United States, and the full-time faculty positions at the university of
27  Kansas school of medicine in general internal medicine, general pediat-
28  rics, family medicine or family practice, except that, at the time any person
29  commences satisfying a service commitment under this subsection as a
30  full-time faculty member, the number of persons satisfying service com-
31  mitments or service obligations, pursuant to agreements under K.S.A. 76-
32  374 and amendments thereto or the medical student loan act, as full-time
33  faculty members pursuant to this subsection shall not exceed the number
34  equal to 25% of the total number of full-time faculty members of the
35  university of Kansas school of medicine in general internal medicine, gen-
36  eral pediatrics, family medicine or family practice.
37    (c)  In selecting a service commitment area I or II, whichever is ap-
38  plicable, prior to the commencement of the full-time practice of medicine
39  and surgery pursuant to all agreements entered into under K.S.A. 76-374
40  and amendments thereto requiring service for a period of time in a service
41  commitment area I or II, whichever is applicable, the person so selecting
42  shall select such area from among those areas appearing on the list of
43  areas prepared by the chancellor of the university of Kansas, or the des-
HB 2497--Am.
                                     

 1  ignee of the chancellor, under this section. The service commitment area
 2  selected shall have appeared on any such list not more than 36 months
 3  prior to the commencement of such full-time practice of medicine and
 4  surgery by the person selecting such service commitment area. Upon the
 5  selection of such service commitment area, the person so selecting shall
 6  inform the university of Kansas school of medicine of the area selected.
 7    (d)  A person serving in a service commitment area I or II, whichever
 8  is applicable, pursuant to any agreement under this act may serve all or
 9  part of any commitment in the service commitment area initially selected
10  by such person. If such person moves from one service commitment area
11  I or II to another service commitment area I or II, as applicable, such
12  person shall notify the university of Kansas school of medicine of such
13  person's change of service commitment area. Service in any such service
14  commitment area I or II, as applicable, selected from the appropriate lists
15  of service commitment areas, shall be deemed to be continuous for the
16  purpose of satisfying any agreement entered into under this act. Any
17  service commitment area I or II, as applicable, selected after the initially
18  selected service commitment area I or II shall have appeared on a service
19  commitment area I list or on a service commitment area II list, as appli-
20  cable, which shall have been prepared not more than 12 months prior to
21  the move by such person from one service commitment area I or II to
22  another service commitment area I or II, as applicable.
23    (e) (1)  A person awarded a scholarship prior to January 1, 1986, may
24  satisfy the obligation to engage in the full-time practice of medicine and
25  surgery in a service commitment area I even though such person is en-
26  gaged in such practice in two or more locations within the state of Kansas,
27  at least one of which is not located in a service commitment area I, if the
28  person is engaged in the full-time practice of medicine and surgery in
29  such locations pursuant to a practice affiliation agreement approved by
30  the chancellor of the university of Kansas, or the designee of the chan-
31  cellor.
32    (2)  A person awarded a scholarship prior to January 1, 1986, may
33  satisfy the obligation to engage in the full-time practice of medicine and
34  surgery in either service commitment area I or service commitment area
35  II by performing at least 100 hours per month of on-site primary care as
36  defined in K.S.A. 76-374 and amendments thereto at a medical facility
37  operated by a local health department or nonprofit organization in this
38  state serving medically indigent persons. As used in this paragraph, ``med-
39  ically indigent'' means a person: (A) Who is unable to secure health care
40  because of inability to pay for all or a part of the costs thereof due to
41  inadequate personal resources, being uninsured, being underinsured, be-
42  ing ineligible for governmental health benefits; or (B) who is eligible for
43  governmental benefits but is unable to obtain medical services.
HB 2497--Am.
                                     

 1    (3)  A person awarded a scholarship prior to January 1, 1986, may
 2  satisfy the obligation to engage in the full-time practice of medicine and
 3  surgery in either service commitment area I or II by engaging in such
 4  full-time practice of medicine and surgery, other than in a primary care
 5  specialty, anywhere in the state of Kansas with the exception of the fol-
 6  lowing counties: Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or
 7  Wyandotte, except that the full-time practice of medicine and surgery
 8  within the six listed counties will qualify if the selected county is desig-
 9  nated as a service commitment area I or II in accordance with the pro-
10  visions of this section, or whenever there are fewer than three persons
11  engaged in the full-time practice of medicine and surgery in a designated
12  specialty in the selected county. Any person who satisfies the obligation
13  to engage in the full-time practice of medicine and surgery in accordance
14  with this subsection (e)(3) shall remain obligated to repay the amounts
15  received for living expenses as prescribed in subsection (a)(5) of K.S.A.
16  75-376 and amendments thereto. As used in this subsection (e)(3), ``pri-
17  mary care'' means general pediatrics, general internal medicine or family
18  practice.
19    (f)  A person awarded a scholarship in accordance with the provisions
20  of K.S.A. 76-373 through 76-377a and amendments thereto may satisfy
21  the obligation to engage in the practice of medicine and surgery, under
22  an agreement entered into pursuant to K.S.A. 76-374 and amendments
23  thereto even though such person is engaged in practice in an area not
24  designated a medically underserved area by specialty, or a critically med-
25  ically underserved area by specialty, through employment on a part-time
26  basis by the state of Kansas which has been approved by the chancellor
27  of the university of Kansas, or the designee of the chancellor, for the
28  practice of medicine and surgery at any state medical care facility or
29  institution.
30    (g)  In connection with the determination of critically medically un-
31  derserved areas and medically underserved areas under this section, the
32  chancellor of the university of Kansas, or the designee of the chancellor,
33  shall assess annually the need in the state as a whole for medical services
34  provided by persons engaged in the practice of medicine and surgery and
35  shall report thereon annually to the legislature. Each report shall include
36  any recommendations for needed legislation, including any recom-
37  mended amendments to this act, which relate to the need for such med-
38  ical services in the various areas of this state.
39    (h)  There is hereby established the medical scholarship advisory com-
40  mittee. Members of the medical scholarship advisory committee shall be
41  appointed by the chancellor of the university of Kansas as follows:  (1)
42  One member shall be from the office of the chancellor of the university
43  of Kansas; (2) one member shall be a representative of the Kansas medical
HB 2497--Am.
                                     

 1  society; (3) one member shall be a member of the Kansas legislature; (4)
 2  one member shall be a student at the university of Kansas school of med-
 3  icine; and (5) one member shall be a representative of the Kansas hospital
 4  association. The medical scholarship advisory committee shall meet pe-
 5  riodically upon the call of the chancellor, or the designee of the chancel-
 6  lor, and shall make recommendations to the chancellor, or the designee
 7  of the chancellor, in regard to the administration of the provisions of this
 8  act.
 9    (i)  The chancellor of the university of Kansas may appoint a medical
10  scholarship program coordinator for the purpose of planning and admin-
11  istering the provisions of this act. The coordinator shall be in the unclas-
12  sified service under the Kansas civil service act.
13    (j)  For all purposes under this section, service or employment after
14  June 30, 1988, on a part-time basis (1) pursuant to a practice affiliation
15  agreement approved by the chancellor of the university of Kansas, or the
16  chancellor's designee, or (2) at a state medical care facility or institution,
17  shall be on the basis of at least the equivalent of 1/2 time in order to satisfy
18  the obligation to engage in the practice of medicine and surgery under
19  an agreement entered into pursuant to K.S.A. 76-374 and amendments
20  thereto.
21    (k)  As used in this section, ``state medical care facility or institution''
22  includes, but is not limited to, the Kansas state school for the visually
23  handicapped, the Kansas state school for the deaf, any institution under
24  the secretary of social and rehabilitation services, as defined by subsection
25    (b) of K.S.A. 76-12a01 and amendments thereto or by subsection (b) of
26  K.S.A. 76-12a18 and amendments thereto, the Kansas soldiers' home, the
27  Kansas veterans' home and any correctional institution under the secre-
28  tary of corrections, as defined by subsection (d) of K.S.A. 75-5202 and
29  amendments thereto, but shall not include any state educational institu-
30  tion under the state board of regents, as defined by subsection (a) of
31  K.S.A. 76-711 and amendments thereto, except as specifically provided
32  by statute.
33    Sec. 15. 16.  On January 1, 1998, K.S.A. 1996 Supp. 76-381 is hereby
34  amended to read as follows: 76-381. As used in K.S.A. 1996 Supp. 76-
35  380 through 76-386:
36    (a)  ``Act'' means the medical student loan act;
37    (b)  ``approved postgraduate residency training program'' means a res-
38  idency training program in general pediatrics, general internal medicine,
39  family medicine, family practice or emergency medicine;
40    (c)  ``service commitment area'' means (1) any community within any
41  county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
42  Wyandotte county, (2) any state medical care facility or institution, (3)
43  any medical center operated by the veterans administration of the United
HB 2497--Am.
                                     

 1  States, or (4) the full-time faculty of the university of Kansas school of
 2  medicine in family medicine or family practice; and
 3    (d)  ``state medical care facility or institution'' includes, but is not lim-
 4  ited to, the Kansas state school for the visually handicapped, the Kansas
 5  state school for the deaf, any institution under the secretary of social and
 6  rehabilitation services, as defined by subsection (b) of K.S.A. 76-12a01
 7  and amendments thereto or by subsection (b) of K.S.A. 76-12a18 and
 8  amendments thereto, the Kansas soldiers' home, the Kansas veterans'
 9  home and any correctional institution under the secretary of corrections,
10  as defined by subsection (d) of K.S.A. 75-5202 and amendments thereto,
11  but shall not include any state educational institution under the state
12  board of regents, as defined by subsection (a) of K.S.A. 76-711 and
13  amendments thereto, except as specifically provided by statute.
14    Sec. 16. 17.  On January 1, 1998, K.S.A. 73-1207, 73-1208b, 73-1210a
15  and 75-3036a and K.S.A. 1996 Supp. 40-3414, 76-375 and 76-381 are
16  hereby repealed.
17    Sec. 17. 18.  This act shall take effect and be in force from and after
18  its publication in the statute book.