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Session of 2000
          SENATE BILL No. 402           By Senator Salmans           1-7          

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  9             AN  ACT concerning the Kansas tort claims act; relating to community
10             mental health centers; amending K.S.A. 75-6102 and repealing the
11             existing 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       of a nonprofit program, other than a municipality, who has contracted
  2       with the commissioner of juvenile justice or with another nonprofit pro-
  3       gram that has contracted with the commissioner of juvenile justice to
  4       provide a juvenile justice program for juvenile offenders in a judicial dis-
  5       trict provided that such employee does not otherwise have coverage for
  6       such acts and omissions within the scope of their employment through a
  7       liability insurance contract of such nonprofit program. "Employee" also
  8       includes an employee of an indigent health care clinic and a community
  9       mental health center when such employee holds an exempt license and
10       volunteers such services. "Employee" also includes former employees for
11       acts and omissions within the scope of their employment during their
12       former employment with the governmental entity.
13             (e) "Community service work" means public or community service
14       performed by a person (1) as a result of a contract of diversion entered
15       into by such person as authorized by law, (2) pursuant to the assignment
16       of such person by a court to a community corrections program, (3) as a
17       result of suspension of sentence or as a condition of probation pursuant
18       to court order, (4) in lieu of a fine imposed by court order or (5) as a
19       condition of placement ordered by a court pursuant to K.S.A. 38-1663,
20       and amendments thereto.
21             (f) "Charitable health care provider" means a person licensed by the
22       state board of healing arts as an exempt licensee or a federally active
23       licensee, a person issued a limited permit by the state board of healing
24       arts, a physician's assistant registered by the state board of healing arts or
25       a health care provider as the term "health care provider" is defined under
26       K.S.A. 65-4921, and amendments thereto, who has entered into an agree-
27       ment with:
28             (1) The secretary of health and environment under K.S.A. 75-6120,
29       and amendments thereto, who, pursuant to such agreement, gratuitously
30       renders professional services to a person who has provided information
31       which would reasonably lead the health care provider to make the good
32       faith assumption that such person meets the definition of medically in-
33       digent person as defined by this section or to a person receiving medical
34       assistance from the programs operated by the department of social and
35       rehabilitation services, and who is considered an employee of the state of
36       Kansas under K.S.A. 75-6120, and amendments thereto;
37             (2) the secretary of health and environment and who, pursuant to
38       such agreement, gratuitously renders professional services in conducting
39       children's immunization programs administered by the secretary; or
40             (3) a local health department or indigent health care clinic, which
41       renders professional services to medically indigent persons or persons
42       receiving medical assistance from the programs operated by the depart-
43       ment of social and rehabilitation services gratuitously or for a fee paid by

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  1       the local health department or indigent health care clinic to such provider
  2       and who is considered an employee of the state of Kansas under K.S.A.
  3       75-6120 and amendments thereto. Professional services rendered by a
  4       provider under this paragraph (3) shall be considered gratuitous notwith-
  5       standing fees based on income eligibility guidelines charged by a local
  6       health department or indigent health care clinic and notwithstanding any
  7       fee paid by the local health department or indigent health care clinic to
  8       a provider in accordance with this paragraph (3).
  9             (g) "Medically indigent person" means a person who lacks resources
10       to pay for medically necessary health care services and who meets the
11       eligibility criteria for qualification as a medically indigent person estab-
12       lished by the secretary of health and environment under K.S.A. 75-6120,
13       and amendments thereto.
14             (h) "Indigent health care clinic" means an outpatient medical care
15       clinic operated on a not-for-profit basis which has a contractual agreement
16       in effect with the secretary of health and environment to provide health
17       care services to medically indigent persons.
18             (i) "Local health department" shall have the meaning ascribed to such
19       term under K.S.A. 65-241 and amendments thereto.
20             (j) "Mental health center" shall have the meaning ascribed to such
21       term under K.S.A. 39-1602, and amendments thereto. 
22       Sec.  2. K.S.A. 75-6102 is hereby repealed.
23        Sec.  3. This act shall take effect and be in force from and after its
24       publication in the statute book.