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AN ACT concerning the state long-term care ombudsman program; pro-
  viding for establishing and operating such program by the secretary of
  aging; authorizing contract to operate the long-term care ombudsman
  office; responsibility for program requirements; amending K.S.A. 1996
  Supp. 75-5916, 75-5917a and 75-5918 and repealing the existing sec-
  tions; also repealing K.S.A. 1996 Supp. 75-5917.
Be it enacted by the Legislature of the State of Kansas:
  New Section 1.  (a) The secretary of aging shall be responsible for
establishing and operating the office of the state long-term care om-
budsman and for carrying out the state long-term care ombudsman pro-
gram in accordance with the requirements of the older Americans act,
42 U.S.C. 3001 et seq., and any amendments thereto.
  (b)  For the purposes of establishing and operating the office of the
state long-term care ombudsman and of carrying out the ombudsman
program, the secretary is authorized:
  (1)  To enter into a contract or other arrangement with any state
agency which is not responsible for licensing or certifying long-term care
facilities or services in Kansas;
  (2)  to contract with any private nonprofit organization which is qual-
ified and authorized to do business in Kansas and which is not a facility,
an association of facilities or an affiliate of an association of facilities; or
  (3)  to appoint a state long-term care ombudsman, regional long-term
care ombudsman and employees of the office as a part of the department
on aging.
  (c)  The state long-term care ombudsman and each regional long-term
care ombudsman who may be appointed by the secretary shall be in the
unclassified service and the other appointed employees shall be in the
classified service under the Kansas civil service act. Under the supervision
of the secretary, an appointed state long-term care ombudsman shall ad-
minister the operations of the office and supervise each regional long-
term care ombudsman and the other employees of the office. Nothing in
this section shall affect the classified status of any ombudsman prior to
the effective date of this act and the unclassified status of appointed om-
budsmen shall apply only to persons who are appointed to an ombudsman
position by the secretary after the effective date of this act.
  (d)  All personnel actions involving classified employees, including
transfers, layoffs or position abolitions or reallocations, which may be
taken by the secretary as deemed necessary as a result of contracts or
other arrangements authorized by subsections (b)(1) and (b)(2) of this
section, shall be taken in accordance with the Kansas civil service act, any
rules and regulations adopted thereunder and any amendments thereto.
  New Sec. 2.  Any state long-term care ombudsman serving under a
contract or other arrangement with the secretary under section 1 and
amendments thereto shall have the same duties, obligations and authority
as a state long-term care ombudsman who is an individual appointed to
that position by the secretary under section 1 and amendments thereto.
No state long-care ombudsman which is a private nonprofit organization
and no employee, agent, officer, director, trustee, independent contractor
or other representative of such a state long-term care ombudsman shall
be deemed or found to be an employee of the state for any purposes
under any circumstances.
  Sec. 3.  K.S.A. 1996 Supp. 75-5916 is hereby amended to read as
follows: 75-5916. As used in the long-term care ombudsman act:
  (a)  ``Ombudsman'' means:
  (1)  an individual appointed as the state long-term care ombudsman,
any or as a regional long-term care ombudsman or by the secretary;
  (2)  any individual designated as an ombudsman under subsection (h)
of K.S.A. 75-5918 and amendments thereto or as a volunteer ombudsman
under subsection (j) of K.S.A. 75-5918 and amendments thereto who has
received the training required under subsection (f) of K.S.A. 75-5918 and
amendments thereto and who has been designated by the state long-term
care ombudsman as a representative of the office authorized to carry out
the powers, duties and functions of the office of the state long-term care
ombudsman.
  (b)  ``Secretary'' means the secretary of aging.
  (c)  ``Facility'' means an adult care home as such term is defined in
K.S.A. 39-923 and amendments thereto.
  (d)  ``Resident'' means a resident as such term is defined in K.S.A. 39-
923 and amendments thereto.
  (e)  ``State long-term care ombudsman'' means the individual ap-
pointed by the secretary to administer the office of the state long-term
care ombudsman, or the state agency or private nonprofit organization
which has entered into a contract or other arrangement with the secretary
to perform the duties required of the office under the older Americans
act, 42 U.S.C. 3001 et seq., and any amendments thereto.
  (f)  ``Regional long-term care ombudsman'' means an individual ap-
pointed by the secretary under K.S.A. 75-5917 section 1 and amendments
thereto.
  (g)  ``Office'' means the office of the state long-term care ombudsman.
  (h)  ``Conflict of interest'' means having a pecuniary or other interest
in a facility, but not including interests that result only from having a
relative who is a resident.
  (i)  ``Department'' means the department on aging.
  (j)  ``Program'' means the state long-term care ombudsman program
required by the older Americans act, 42 U.S.C. 3001 et seq., and any
amendments thereto.
  Sec. 4.  K.S.A. 1996 Supp. 75-5917a is hereby amended to read as
follows: 75-5917a. The secretary shall ensure that:
  (a)  No individual involved in the designation of any ombudsman is
subject to a conflict of interest;
  (b)  no officer, employee or other representative of the office is sub-
ject to a conflict of interest;
  (c)  policies and procedures are in place to identify and remedy all
conflicts of interest specified under paragraphs (a) and (b);
  (d)  when the office is administered by a state long-term care om-
budsman appointed by the secretary under section 1 and any amendments
thereto, legal counsel is available to the office for advice and consultation
and that legal representation is provided to any ombudsman against whom
suit or other legal action is brought in connection with the performance
of the ombudsman's official duties; and
  (e)  when the state long-term care ombudsman is a private nonprofit
organization or a state agency, the office has legal counsel available for
advice, consultation and representation in the event of a lawsuit or other
legal action by or against an ombudsman related to the performance of
program duties; and
  (e) (f)  the office has the ability to pursue administrative, legal and
other appropriate remedies on behalf of residents of facilities.
  Sec. 5.  K.S.A. 1996 Supp. 75-5918 is hereby amended to read as
follows: 75-5918. The state long-term care ombudsman shall:
  (a)  Investigate and resolve complaints made by or on behalf of the
residents relating to action, inaction or decisions of facilities or the rep-
resentatives of facilities, or both, except that all complaints of abuse, ne-
glect or exploitation of a resident shall be referred to the secretary of
health and environment in accordance with provisions of K.S.A. 39-1401
et seq. and amendments thereto;
  (b)  develop continuing programs to inform residents, their family
members or other persons responsible for residents regarding the rights
and responsibilities of residents and such other persons;
  (c)  provide the legislature, the governor and the secretary with an
annual report containing data and findings regarding the types of prob-
lems experienced and complaints received by or on behalf of residents
and containing policy, regulatory and legislative recommendations to
solve such problems, resolve such complaints and improve the quality of
care and life in facilities;
  (d)  analyze and monitor the development and implementation of fed-
eral, state and local government laws, rules and regulations, resolutions,
ordinances and policies with respect to long-term care facilities and serv-
ices provided in this state, and recommend any changes in such laws,
regulations, resolutions, ordinances and policies deemed by the office to
be appropriate;
  (e)  provide information to public agencies, legislators and others, as
deemed necessary by the office, regarding the problems and concerns of
older individuals residing in facilities, including recommendations related
thereto;
  (f)  provide for the training of the state long-term care ombudsman,
each regional long-term care ombudsman and any individual designated
as an ombudsman under subsection (h) of K.S.A. 75-5918 and amend-
ments thereto or subsection (j) in (1) federal, state and local laws, rules
and regulations, resolutions, ordinances and policies with respect to fa-
cilities located in Kansas, (2) investigative techniques, and (3) such other
matters as the secretary deems appropriate;
  (g)  coordinate ombudsman services provided by the office with the
protection and advocacy systems for individuals with developmental dis-
abilities and mental illness established under part A of the federal devel-
opmental disabilities assistance and bill of rights act, 42 U.S.C.A. 6001 et
seq., and under the federal protection and advocacy for mentally ill in-
dividuals act of 1986, public law 99-316;
  (h)  consider an individual who is an employee of an area agency on
aging which provides ombudsman services and who has been designated
as an ombudsman by the state long-term care ombudsman to be a rep-
resentative of the office and such individual shall be deemed to be a
representative of the office for the purposes of this act;
  (i)  establish a system for recruiting individuals to become unpaid,
volunteer ombudsmen who will first be trained as required by subsection
  (f) of K.S.A. 75-5918 and amendments thereto and thereafter designated
as ombudsmen authorized to perform the duties and carry out the re-
sponsibilities required of representatives of the office;
  (j)  consider an individual who is an unpaid volunteer designated as
an ombudsman by the state long-term care ombudsman to be a represen-
tative of the office and such individual shall be deemed to be a represen-
tative of the office for the purposes of this act;
  (i) (k)  collaborate with the department of health and environment
and the department of social and rehabilitation services to establish a
statewide system to collect and analyze information on complaints and
conditions in facilities; and
  (j) (l)  perform such other duties and functions as may be provided by
law, including those described in 42 U.S.C. 3058g of the older Americans
act and amendments thereto, or as may be directed by the secretary of
aging.
  Sec. 6.  K.S.A. 1996 Supp. 75-5916, 75-5917, 75-5917a and 75-5918
are hereby repealed.
  Sec. 7.  This act shall take effect and be in force from and after its
publication in the statute book.