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 9  AN ACT concerning the developmental disabilities reform act; commu-
10    nications accommodations; amending K.S.A. 1996 Supp. 39-1803, 39-
11    1804, 39-1805 and 39-1806 and repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 39-1803 is hereby amended to read as
15  follows: 39-1803. As used in the developmental disabilities reform act:
16    (a)  ``Adaptive behavior'' means the effectiveness or degree with which
17  an individual meets the standards of personal independence and social
18  responsibility expected of that person's age, cultural group and commu-
19  nity.
20    (b)  ``Affiliate'' means an entity or person that meets standards set out
21  in rules and regulations adopted by the secretary relating to the provision
22  of services and that contracts with a community developmental disabilities
23  organization.
24    (c)  ``Communications accommodations'' means the presentation of in-
25  formation, materials, choices and instructions in the manner proven to
26  provide the most effective form of communications for the developmen-
27  tally disabled individual. Such accommodations may involve, but are not
28  limited to, the use of specific types of sign language and sign language
29  interpretation, interveners, operation of assistive technology devices,
30  braille, large print and tape recordings of written materials.
31    (c) (d)  ``Community services'' means services provided to meet the
32  needs of persons with developmental disabilities relating to work, living
33  in the community, and individualized supports and services.
34    (d) (e)  ``Community developmental disability organization'' means
35  any community mental retardation facility that is organized pursuant to
36  K.S.A. 19-4001 through 19-4015 and amendments thereto.
37    (e) (f)  ``Community service provider'' means a community develop-
38  mental disability organization or affiliate thereof.
39    (g)  ``Deafblindness'' means a condition which restricts central visual
40  acuity to 20/200 or below in the better eye with corrective lenses, or a
41  field defect such that the peripheral diameter of visual field subtends an
42  angular distance no grater than 20 degrees, or a progressive visual loss
43  having a prognosis leading to one or both these conditions; accompanied
SB 284
                                     

 1  by a condition resulting in a chronic hearing impairment so severe that
 2  most speech cannot be understood with optimum amplification, or a pro-
 3  gressive hearing loss having a prognosis leading to this condition. The
 4  term ``deafblindness'' also refers to a person who despite the inability to
 5  be measured accurately for hearing and vision loss due to cognitive or
 6  behavioral constraints, or both, can be determined through functional and
 7  performance assessment to have severe hearing and visual disabilities that
 8  cause extreme difficulty in attaining independence in daily life activities,
 9  achieving psychosocial adjustment, or obtaining vocational objectives. For
10  purposes of this act, deafblindness as defined herein must be manifested
11  before the individual has reached 22 years.
12    (f) (h)  ``Developmental disability'' means:
13    (1)  Mental retardation; or
14    (2)  deafblindness; or
15    (2) (3)  a severe, chronic disability, which:
16    (A)  Is attributable to a mental or physical impairment, or multiple
17  sensory impairments, a combination of mental and physical impairments,
18  physical and sensory impairments, mental and sensory impairments or a
19  condition which has received a dual diagnosis of mental retardation and
20  mental illness;
21    (B)  is manifest before 22 years of age;
22    (C)  is likely to continue indefinitely;
23    (D)  results, in the case of a person five years of age or older, in a
24  substantial limitation in three or more of the following areas of major life
25  functioning: Self-care, receptive and expressive language development
26  and use, learning and adapting, mobility, self-direction, capacity for in-
27  dependent living and economic self-sufficiency;
28    (E)  reflects a need for a combination and sequence of special inter-
29  disciplinary or generic care, treatment, specialized communications
30  techniques or other services which are lifelong, or extended in duration
31  and are individually planned and coordinated; and
32    (F)  does not include individuals who are solely and severely emo-
33  tionally disturbed or seriously or persistently mentally ill or have disabil-
34  ities solely as a result of the infirmities of aging.
35    (g) (i)  ``Institution'' means state institution for the mentally retarded
36  as defined by subsection (c) of K.S.A. 76-12b01 and amendments thereto
37  or intermediate care facility for the mentally retarded of nine beds or
38  more as defined by subsection (a) (4) of K.S.A. 39-923 and amendments
39  thereto.
40    (h) (j)  ``Mental retardation'' means substantial limitations in present
41  functioning that is manifested during the period from birth to age 18
42  years and is characterized by significantly subaverage intellectual func-
43  tioning existing concurrently with deficits in adaptive behavior including
SB 284
                                     

 1  related limitations in two or more of the following applicable adaptive
 2  skill areas: Communication, self-care, home living, social skills, commu-
 3  nity use, self-direction, health and safety, functional academics, leisure
 4  and work.
 5    (i) (k)  ``Secretary'' means the secretary of social and rehabilitation
 6  services.
 7    Sec. 2.  K.S.A. 1996 Supp. 39-1804 is hereby amended to read as
 8  follows: 39-1804. (a) Except as otherwise specifically provided in this act
 9  and subject to appropriations of federal and state funds, the secretary,
10  after consultation with representatives of community developmental dis-
11  ability organizations, community service providers, families and consumer
12  advocates, shall implement and administer the provisions of the devel-
13  opmental disabilities reform act in accordance with the following policies.
14  Persons with developmental disabilities shall:
15    (1)  Be provided assistance to obtain food, housing, clothing and med-
16  ical care; protection from abuse, neglect and exploitation; and a range of
17  services and supports, which include communications accommodations in
18  order to assist in the determination of individual needs; and
19    (2)  receive assistance in determining and communicating their needs;
20  be provided information, using appropriate communications accommo-
21  dations, about all service options available to meet those needs; have
22  coordination of services delivered; be assisted and supported in living with
23  their families, or independently; be assisted in finding transportation to
24  support access to the community; and receive individually planned ha-
25  bilitation, education, training, employment and recreation subject to sup-
26  ports and services available in the community of their choice.
27    (b)  To accomplish the policies set forth in subsection (a), the secre-
28  tary, subject to the provisions of appropriation acts, shall annually propose
29  and implement a plan including, but not limited to, financing thereof
30  which shall: (1) Provide for an organized network of community services
31  for persons with developmental disabilities; (2) maximize the availability
32  of federal resources to supplement state and local funding for such sys-
33  tems; and (3) reduce reliance on separate, segregated settings in institu-
34  tions or the community for persons with developmental disabilities.
35    (c)  The secretary shall report to the legislature the number of persons
36  with developmental disabilities eligible to receive community services and
37  shall make a progress report on the implementation of the annual plans
38  and the progress made to accomplish a comprehensive community serv-
39  ices system for persons with developmental disabilities.
40    (d)  The secretary shall prepare and submit budget estimates for the
41  department of social and rehabilitation services to the division of the
42  budget and the legislature and shall establish and implement policies and
43  procedures within the programs and activities of the department so that
SB 284
                                     

 1  funds for state-level programs and activities for persons who are devel-
 2  opmentally disabled are allocated between services delivered in institu-
 3  tions and community services.
 4    (e)  Subject to the provisions of this act and appropriation acts, the
 5  secretary shall administer and disburse funds to each community devel-
 6  opmental disability organization for the coordination and provision of
 7  community services.
 8    (f)  The secretary shall establish procedures and systems to evaluate
 9  the results and outcomes of the implementation of this act to assure the
10  attainment of maximum quality and efficient delivery of community serv-
11  ices.
12    Sec. 3.  K.S.A. 1996 Supp. 39-1805 is hereby amended to read as
13  follows: 39-1805. In addition to any other power and duty prescribed by
14  law, and subject to appropriations, a community developmental disability
15  organization shall have the power and duty to:
16    (a)  Directly or by subcontract, serve as a single point of application
17  or referral for services, and assist all persons with a developmental disa-
18  bility to have access to and, an opportunity to, and communications ac-
19  commodations required to, participate in community services, except in
20  those circumstances in which the secretary determines, subject to an im-
21  mediate hearing before the district court located in the county in which
22  the person with a developmental disability resides, participation in com-
23  munity services is not the appropriate placement for such person because
24  such person is presently likely to cause harm to self or others;
25    (b)  provide either directly or by subcontract, services to persons with
26  a developmental disability, including, but not limited to, eligibility deter-
27  mination; explanation of available services and service providers; case
28  management services, if requested; communications accommodations, if
29  requested; assistance in establishing new providers, if requested; and ad-
30  vocacy for participation in community services;
31    (c)  organize a council of community members, consumers or their
32  family members or guardians, and community service providers, com-
33  posed of a majority of consumers or their family members or guardians
34  who shall meet not less than quarterly to address systems issues, includ-
35  ing, but not limited to, planning and implementation of services; and
36  develop and implement a method by which consumer complaints, inter-
37  agency and other intrasystem disputes are resolved;
38    (d)  provide, directly or by subcontract, information about affiliate and
39  referral services to persons with a developmental disability whose partic-
40  ular needs can be met in the community or through government; and
41    (e)  ensure that affiliates have the option to review referrals and wait-
42  ing lists on a periodic basis to contact potential consumers with infor-
43  mation concerning their services.
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 1    Sec. 4.  K.S.A. 1996 Supp. 39-1806 is hereby amended to read as
 2  follows: 39-1806. To carry out the provisions of this act, the secretary shall
 3  establish after consultation with representatives of community develop-
 4  mental disability organizations and affiliates thereof, and families and con-
 5  sumer advocates:
 6    (a)  A system of adequate and reasonable funding or reimbursement
 7  for the delivery of community services that:
 8    (1)  For persons moving from institutions into the community, directs
 9  funding to follow in an amount not less than that which is required to
10  reimburse community service providers for services as set forth in such
11  person's plan for transfer from the institution to community services in-
12  cluding expenses of relocation and initiation of services;
13    (2)  consolidates federal and state funding sources;
14    (3)  requires an independent, professional review of the rate struc-
15  tures on a biennial basis resulting in a recommendation to the legislature
16  regarding rate adjustments. Such recommendation shall be adequate to
17  support: (A) A system of employee compensation competitive with local
18  conditions; (B) training and technical support to attract and retain qual-
19  ified employees; (C) a quality assurance process which is responsive to
20  consumers' needs and which maintains the standards of quality service;
21  (D) risk management and insurance costs; and (E) program management
22  and coordination responsibilities;
23    (b)  a system of quality assurance based on standards set out in rules
24  and regulations adopted by the secretary which insures effective service
25  delivery, fiscal accountability and networking cooperation and which al-
26  lows community service providers to present evidence of attainment of
27  national accreditation or compliance with state or federal laws or rules
28  and regulations, or both, to indicate compliance with such standards; and
29    (c)  a system of contracting that:
30    (1)  Authorizes open and equitable negotiation between contracting
31  parties or their designated agent or agents;
32    (2)  authorizes mediation by an independent entity chosen by the par-
33  ties to the contract in the event of contract disputes and if mediation is
34  not completed prior to the end of any existing contract, authorizes an
35  extension of time of such existing contract or entering into a temporary
36  contract;
37    (3)  requires achievement and maintenance of community services
38  standards by community service providers;
39    (4)  includes compensation for specialized and generic community
40  services which meet the individualized needs of persons with develop-
41  mental disabilities for community services and communications accom-
42  modations related thereto; and
43    (5)  requires community developmental disability organizations to
SB 284
                                     

 1  contract with those affiliates from whom a person with a developmental
 2  disability chooses services.
 3    Sec. 5.  K.S.A. 1996 Supp. 39-1803, 39-1804, 39-1805 and 39-1806
 4  are hereby repealed.
 5    Sec. 6.  This act shall take effect and be in force from and after its
 6  publication in the statute book.