Session of 2000
HOUSE BILL No. 3040
By Committee on Appropriations
3-15
10 AN ACT
concerning mental health centers; amending K.S.A. 39-1604
11 and 75-3307b and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 39-1604 is hereby amended to read as follows:
39-
15 1604. (a) On or before October 1, 1991, and
in accordance with rules and
16 regulations adopted under K.S.A. 39-1603
and amendments thereto, the
17 secretary shall develop and adopt a state
assessment of needs and a plan
18 to develop and operate a state system to
provide mental health services
19 for persons who are residents of Kansas,
including all targeted population
20 members designated by rules and regulations
adopted by the secretary.
21 The plan for the state system shall include
coordinating and assisting in
22 the provision of community based mental
health services in the service
23 delivery areas of mental health centers,
including the services provided
24 by state psychiatric hospitals and the
provision of state financial assistance.
25 On or before March 1, 1992, the secretary
shall adopt a state plan for an
26 integrated system to coordinate and assist
in the provision of community
27 based mental health services within Kansas.
The assessment of needs and
28 plan for the state shall be reviewed and
updated by the secretary on an
29 annual basis.
30 (b) The secretary
shall assist and coordinate the development by each
31 mental health center of a community
assessment of needs and a plan for
32 the community system to provide community
based mental health serv-
33 ices for persons who reside in the service
delivery area of the mental
34 health center, including all targeted
population members. The secretary
35 shall review and approve, or return, with
recommendations for revision
36 and resubmittal, all such assessments of
needs and plans in accordance
37 with criteria prescribed by rules and
regulations adopted under K.S.A.
38 39-1603 and amendments thereto. If
necessary services for a service de-
39 livery area cannot be provided by
the mental health center or in order to
40 ensure that a continuum of services
will be provided in a service delivery
41 area, the secretary may require the
provision of services for a service
42 delivery area through contracts
between two or more mental health cen-
43 ters. In order to
assure equity in funding for community mental health
2
1 centers providing mental health
services intended to be funded by this
2 act, the secretary shall enter
into contracts with nonparticipating com-
3 munity mental health centers who
have not contracted to be an affiliate
4 with the participating community
mental health center. In such instances,
5 the secretary shall be responsible
for the determination of the allocation
6 of funds as between or among the
community mental health centers.
7 (c) For
purposes of selecting a community mental health center to
8 provide children's mental health
services when more than one licensed
9 community mental health center
exists in a community mental health
10 catchment area, the secretary shall
review proposals from each center as
11 to how the community mental health
center would serve children by pro-
12 viding a full array of community based
services for children, adolescents
13 and their families. The business plan
for the community mental health
14 center that is selected to provide
children's mental health services should
15 identify how services and funding will
be coordinated among key con-
16 stituencies including, but not limited
to schools, the juvenile justice au-
17 thority, private contractors and other
community service providers. The
18 plan should include aggressive billing
of third party payers including med-
19 icaid as well as a cost/benefit analysis
methodology for assuring the in-
20 clusion of the most efficient community
services providers.
21 (c)
(d) Each mental health center shall annually review and
update
22 such assessment of needs and plan for the
service delivery area. If the
23 assessment of needs or the plan for the
community system to provide
24 community based mental health services are
not in compliance with the
25 criteria prescribed by rules and
regulations under K.S.A. 39-1603 and
26 amendments thereto, the secretary shall
withhold all or part of the state
27 financial assistance provided to the mental
health center.
28 (d)
(e) On or before October 1, 1991, and annually on or
before such
29 date thereafter, each mental health center
shall submit a coordinated
30 services plan addressing the service needs
of the targeted population to
31 the secretary of social and rehabilitation
services for review and approval.
32 The annual coordinated services plan shall
be developed according to the
33 standards established by rules and
regulations adopted by the secretary
34 of social and rehabilitation services.
35 Sec.
2. K.S.A. 75-3307b is hereby amended to read as follows:
75-
36 3307b. (a) The enforcement of the laws
relating to the hospitalization of
37 mentally ill persons of this state in a
psychiatric hospital and the diagnosis,
38 care, training or treatment of persons in
community mental health centers
39 or facilities for the mentally ill,
mentally retarded or other handicapped
40 persons is entrusted to the secretary of
social and rehabilitation services.
41 The secretary may adopt rules and
regulations on the following matters,
42 so far as the same are not inconsistent
with any laws of this state:
43 (1) The
licensing, certification or accrediting of private hospitals as
3
1 suitable for the detention, care or
treatment of mentally ill persons, and
2 the withdrawal of licenses granted
for causes shown;
3 (2) the
forms to be observed relating to the hospitalization,
admission,
4 transfer, custody and discharge of
patients;
5 (3) the
visitation and inspection of psychiatric hospitals and of all
6 persons detained therein;
7 (4) the
setting of standards, the inspection and the licensing of all
8 community mental health centers which
receive or have received any
9 state or federal funds, and the
withdrawal of licenses granted for causes
10 shown;
11 (5) the setting
of standards, the inspection and licensing of all facili-
12 ties for the mentally ill, mentally
retarded or other developmentally dis-
13 abled persons receiving assistance through
the department of social and
14 rehabilitation services which receive or
have received after June 30, 1967,
15 any state or federal funds, or facilities
where mentally ill, mentally re-
16 tarded or other developmentally disabled
persons reside who require su-
17 pervision or require limited assistance
with the taking of medication, and
18 the withdrawal of licenses granted for
causes shown. The secretary may
19 adopt rules and regulations that allow the
facility to assist a resident with
20 the taking of medication when the
medication is in a labeled container
21 dispensed by a pharmacist. No license for a
residential facility for eight
22 or more persons may be issued under this
paragraph unless the secretary
23 of health and environment has approved the
facility as meeting the li-
24 censing standards for a lodging
establishment under the food service and
25 lodging act. No license for a residential
facility for the elderly or for a
26 residential facility for persons with
disabilities not related to mental illness
27 or mental retardation, or both, or related
conditions shall be issued under
28 this paragraph;
29 (6) reports and
information to be furnished to the secretary by the
30 superintendents or other executive officers
of all psychiatric hospitals,
31 community mental health centers or
facilities for the mentally retarded
32 and facilities serving other handicapped
persons receiving assistance
33 through the department of social and
rehabilitation services.
34 (b) An entity
holding a license as a community mental health center
35 under paragraph (4) of subsection (a)
on the day immediately preceding
36 the effective date of this act, but
which does not meet the definition of a
37 community mental health center set
forth in this act, shall continue to be
38 licensed as a community mental
health center as long as the entity remains
39 affiliated with a licensed
community mental health center and continues
40 to meet the licensing standards
established by the secretary, but which
41 does not meet the definition of a
participating community mental health
42 center set forth in this act, shall
continue to be licensed as a community
43 mental health center as long as the
center continues to meet the licensing
4
1 standards established by the
secretary.
2 Sec. 3. K.S.A. 39-1604 and
75-3307b are hereby repealed.
3 Sec. 4. This act
shall take effect and be in force from and after its
4 publication in the statute book.