Session of 1999
         
HOUSE BILL No. 2075
         
By Committee on Business, Commerce and Labor
          
1-21
          
  9             AN  ACT concerning the Kansas tort claims act; relating to the definition
10             of an employee; amending K.S.A. 75-6102 and repealing the existing
11             section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 75-6102 is hereby amended to read as follows: 75-
15       6102. As used in K.S.A. 75-6101 through 75-6118, and amendments
16       thereto, unless the context clearly requires otherwise:
17             (a) "State" means the state of Kansas and any department or branch
18       of state government, or any agency, authority, institution or other instru-
19       mentality thereof.
20             (b) "Municipality" means any county, township, city, school district
21       or other political or taxing subdivision of the state, or any agency, au-
22       thority, institution or other instrumentality thereof.
23             (c) "Governmental entity" means state or municipality.
24             (d) "Employee" means any officer, employee, servant or member of
25       a board, commission, committee, division, department, branch or council
26       of a governmental entity, including elected or appointed officials and
27       persons acting on behalf or in service of a governmental entity in any
28       official capacity, whether with or without compensation and a charitable
29       health care provider. Employee includes any steward or racing judge ap-
30       pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
31       of whether the services of such steward or racing judge are rendered
32       pursuant to contract as an independent contractor, but does not otherwise
33       include any independent contractor under contract with a governmental
34       entity except (1) employees of the United States marshal's service en-
35       gaged in the transportation of inmates on behalf of the secretary of cor-
36       rections, (2) a person who is an employee of a nonprofit independent
37       contractor, other than a municipality, under contract to provide educa-
38       tional or vocational training to inmates in the custody of the secretary of
39       corrections and who is engaged in providing such service in an institution
40       under the control of the secretary of corrections provided that such em-
41       ployee does not otherwise have coverage for such acts and omissions
42       within the scope of their employment through a liability insurance con-
43       tract of such independent contractor; and (3) a person who is an employee

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  1       or volunteer of a nonprofit program, other than a municipality, who has
  2       contracted with the commissioner of juvenile justice or with another non-
  3       profit program that has contracted with the commissioner of juvenile
  4       justice to provide a juvenile justice program for juvenile offenders in a
  5       judicial district provided that such employee or volunteer does not oth-
  6       erwise have coverage for such acts and omissions within the scope of their
  7       employment or volunteer activities through a liability insurance contract
  8       of such nonprofit program. "Employee" also includes an employee of an
  9       indigent health care clinic. "Employee" also includes former employees
10       for acts and omissions within the scope of their employment during their
11       former employment with the governmental entity.
12             (e) "Community service work" means public or community service
13       performed by a person (1) as a result of a contract of diversion entered
14       into by such person as authorized by law, (2) pursuant to the assignment
15       of such person by a court to a community corrections program, (3) as a
16       result of suspension of sentence or as a condition of probation pursuant
17       to court order, (4) in lieu of a fine imposed by court order or (5) as a
18       condition of placement ordered by a court pursuant to K.S.A. 38-1663,
19       and amendments thereto.
20             (f) "Charitable health care provider" means a person licensed by the
21       state board of healing arts as an exempt licensee or a federally active
22       licensee, a person issued a limited permit by the state board of healing
23       arts, a physician's assistant registered by the state board of healing arts or
24       a health care provider as the term "health care provider" is defined under
25       K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
26       ment with:
27             (1) The secretary of health and environment under K.S.A. 75-6120,
28       and amendments thereto, who, pursuant to such agreement, gratuitously
29       renders professional services to a person who has provided information
30       which would reasonably lead the health care provider to make the good
31       faith assumption that such person meets the definition of medically in-
32       digent person as defined by this section or to a person receiving medical
33       assistance from the programs operated by the department of social and
34       rehabilitation services, and who is considered an employee of the state of
35       Kansas under K.S.A. 75-6120, and amendments thereto;
36             (2) the secretary of health and environment and who, pursuant to
37       such agreement, gratuitously renders professional services in conducting
38       children's immunization programs administered by the secretary; or
39             (3) a local health department or indigent health care clinic, which
40       renders professional services to medically indigent persons or persons
41       receiving medical assistance from the programs operated by the depart-
42       ment of social and rehabilitation services gratuitously or for a fee paid by
43       the local health department or indigent health care clinic to such provider

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  1       and who is considered an employee of the state of Kansas under K.S.A.
  2       75-6120 and amendments thereto. Professional services rendered by a
  3       provider under this paragraph (3) shall be considered gratuitous notwith-
  4       standing fees based on income eligibility guidelines charged by a local
  5       health department or indigent health care clinic and notwithstanding any
  6       fee paid by the local health department or indigent health care clinic to
  7       a provider in accordance with this paragraph (3).
  8             (g) "Medically indigent person" means a person who lacks resources
  9       to pay for medically necessary health care services and who meets the
10       eligibility criteria for qualification as a medically indigent person estab-
11       lished by the secretary of health and environment under K.S.A. 75-6120,
12       and amendments thereto.
13             (h) "Indigent health care clinic" means an outpatient medical care
14       clinic operated on a not-for-profit basis which has a contractual agreement
15       in effect with the secretary of health and environment to provide health
16       care services to medically indigent persons.
17             (i) "Local health department" shall have the meaning ascribed to such
18       term under K.S.A. 65-241 and amendments thereto. 
19       Sec.  2. K.S.A. 75-6102 is hereby repealed.
20        Sec.  3. This act shall take effect and be in force from and after its
21       publication in the statute book.