An Act concerning the secretary of social and rehabilitation services; transferring admin- istration of long-term care programs; department on aging; department of social and rehabilitation services; administration; oversight; amending K.S.A. 39-7,100, 75-5310, 75-5910, 75-5928 and 75-5931 and repealing the existing sections; also repealing K.S.A. 75-5302, 75-5304a, 75-5304b, 75-5304c, 75-5306a, 75-5306b, 75-5306c, 75-5306d, 75- 5306e, 75-5306f, 75-5308a, 75-5308b, 75-5308c, 75-5316, 75-5318, 75-5323, 75-5324, 75-5327, 75-5329, 75-5330, 75-5332, 75-5333, 75-5334, 75-5335, 75-5336, 75-5337 and 75-5339.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. The secretary of social and rehabilitation services shall take necessary actions to transfer the administration of certain long- term care programs and services to the secretary of aging. The programs shall include the nursing facility services payment program, the home and community based nursing facility waiver program and the income eligible (home care) program. Excluding nursing facility programs, the programs to be transferred shall not include long-term care programs for individuals under the age of 65 with mental illness, mental retardation, other mental disabilities or physical disabilities. All such transfers shall be made only in accordance with federal grant requirements related to such programs.

New Sec. 2. The secretary of aging shall administer the long-term care programs and services transferred in this act. All powers granted in this act are to be interpreted and administered in conformity with federal grant requirements as applicable to programs transferred, even if such powers are limited or excluded:

(a) The secretary of aging shall develop state plans or state plan amendments or portions of state plans or state plan amendments in con- sultation with the secretary of social and rehabilitation services relating to long-term care programs as provided under the federal social security act. The secretary of aging shall not develop any state plan amendment in duplication of or contrary to any state plan otherwise developed by the secretary of social and rehabilitation services. The secretary of aging may cooperate with the federal government on any other program providing federal financial assistance and long-term care services not otherwise in- consistent with this act. The secretary of aging is not required to develop a state plan for participation or cooperation in all federal social security act programs or other federal programs that are available for long-term care services. The secretary of aging may develop a state plan in regard to long-term care services in which the federal government does not par- ticipate.

(b) The secretary of aging, in consultation with the secretary of social and rehabilitation services, may determine the general policies relating to all forms of long-term care programs which are administered or su- pervised by the secretary of aging and to adopt the rules and regulations therefor.

(c) The secretary of aging shall adopt rules and regulations necessary to protect the confidentiality of all client information as required by fed- eral and state statutes and regulations.

(d) The secretary of aging shall provide that all officers and employees of the department of social and rehabilitation services who are engaged in the exercise and performance of the powers, duties and functions of the programs transferred in this act and are determined by the secretary to be necessary to perform such functions are transferred to the depart- ment on aging. Officers and employees of the department of social and rehabilitation services shall retain all retirement benefits and leave rights which had accrued or vested prior to each date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs and abolition of classified service positions under the Kansas civil service act which may result from pro- gram transfers shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. The secretary of aging may appoint attorneys as are necessary to effectively carry out the mission of the department and the programs transferred by this act. The attorneys appointed shall be in the unclassified service under the Kansas civil serv- ice act, shall serve at the pleasure of the secretary, and shall receive an annual salary fixed by the secretary and approved by the governor. Noth- ing in this act shall affect the classified status of any transferred person employed as an attorney by the department of social and rehabilitation services prior to the date of transfer and the unclassified status shall apply only to persons appointed to such attorney positions on or after the ef- fective date of this act.

(e) The secretary of aging shall establish an adequate system of fi- nancial records. The secretary of aging and the secretary of social and rehabilitation services shall execute agreements for the department of social and rehabilitation services and the department on aging to share data systems necessary to maximize the efficiency of program operations and to ensure that federal grant requirements are met. The secretary of aging shall make annual reports to the governor and shall make any re- ports required by federal agencies.

(f) The secretary of aging may receive, have custody of, protect, ad- minister, disburse, dispose of and account for federal or private equip- ment, supplies and property which is given, granted, loaned or advanced to the state of Kansas for long-term care programs after the transfer of such programs pursuant to this act.

(g) The secretary of aging may assist other departments, agencies and institutions of the state and federal government and of other states under interstate agreements, when so requested, by performing services in con- formity with the purpose of this act.

(h) The secretary of aging may lease real and personal property when- ever the property is not available through the state or a political subdi- vision of the state for performing the functions required by this act.

(i) All contracts shall be made in the name of ``secretary of aging'' and in that name the secretary may sue and be sued on such contracts. The grant of authority under this subsection shall not be construed to be a waiver of any rights retained by the state under the 11th amendment to the United States constitution and shall be subject to and shall not supersede the provisions of any appropriations act of this state.

(j) The secretary of aging, except as set forth in the Kansas adminis- trative procedure act and paragraphs 5 and 6, shall provide a fair hearing for any person who is an applicant, client or other interested person who appeals from the decision or final action of any agent or employee of the secretary. The hearing shall be conducted in accordance with the provi- sions of the Kansas administrative procedure act and the requirements of any applicable federal grant programs.

(1) The secretary of aging may investigate (A) any claims and vouch- ers and persons, businesses and other entities who provide services to the secretary of aging or to clients served by long-term care programs under the administration of the secretary, and (B) the eligibility of persons to receive services under long-term care programs under the administration of the secretary, and (C) the eligibility of providers of services.

(2) When conducting investigations, the secretary of aging may issue subpoenas; compel the attendance of witnesses at any place in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render de- cisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify. Failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accor- dance with the person's constitutional rights and lawful privileges.

(3) The presiding officer may close any portion of a hearing con- ducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.

(4) Except as provided in subsection (d) of K.S.A. 77-511 and amend- ments thereto and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary of aging may enforce any or- der prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.

(5) This appeals procedure shall not have jurisdiction to determine the facial validity of a state or federal statute, rule or regulation.

(6) The secretary of aging shall not be required to provide a hearing if: (A) The appeals procedure lacks jurisdiction over the subject matter; (B) resolution of the matter does not require the secretary to issue an order that determines an applicant's or client's legal rights, duties, privi- leges, immunities or other legal interests; (C) the matter was not timely submitted for appeal pursuant to regulation or other provision of law; (D) the matter was not submitted in a form substantially complying with any applicable provision of law; or (E) the matter is under the prior or con- current jurisdiction of the secretary of social and rehabilitation services pursuant to K.S.A. 75-3306 and amendments thereto.

(k) The secretary of aging may establish payment schedules for each group of providers for the long-term care programs. The secretary shall consider budgetary constraints as a factor in establishing payment sched- ules so long as the result does not conflict with applicable federal law. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial participation. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial participation. The secretary shall not be required to establish or pay at rates which are in excess of the minimum necessary payment requirements regardless of excess costs incurred by a provider.

(l) The secretary of aging shall review all rules and regulations of the department on aging and shall amend and revoke the rules and regula- tions to conform to the purposes of this act.

(m) The secretary of aging may implement a program which would permit the value of any services provided by the area agencies on aging for the benefit of any long-term care programs administered by the sec- retary to be considered eligible for federal financial participation for such long-term care programs.

New Sec. 3. (a) The secretary of aging may contract for long-term care services with area agencies on aging or other community based en- tities designated by the secretary of aging. If an area agency on aging or other community based entity fails or is unable to provide services and local administration of the system, the secretary of aging shall enter into contracts for services with qualified local not-for-profit and other service providers to perform such services. All contracts made under this section, and all renewal contracts, shall provide that the contract is subject to successfully meeting performance standards set by the secretary of aging.

(b) Each such contract with an area agency on aging shall require the area agency on aging to submit to the secretary of aging a report annually on activities under the contract during the fiscal year by the area agency on aging, which report shall also include information about all kinds of services provided by the area agency on aging, including long-term care services, and the number of persons receiving each kind of service during the fiscal year. The secretary of aging shall submit to the senate committee on ways and means and the house of representatives committee on ap- propriations at the beginning of the regular session of the legislature in 1997 and annually thereafter a report of the information contained in such reports from the area agencies on aging.

(c) All such contracts for long-term care services shall be subject to appropriations limitations. No such contracts shall provide for any indem- nification of any independent contractor. All such contractors shall be subject to and limited by any applicable federal grant requirements. The secretary may, but is not required to, comply with the competitive bid requirements of K.S.A. 75-3739 and amendments thereto. The secretary of aging shall be required to adopt rules and regulations for the admin- istration of such contracts. If necessary to comply with applicable federal grant requirements, such powers may be assumed by the secretary of social and rehabilitation services.

New Sec. 4. The secretary of aging may contract for the services of persons to assist in the preparation of expert testimony for litigation and to act as expert witnesses in litigation. Any such contracts shall be exempt from the competitive bid requirements of K.S.A. 75-3739 and amend- ments thereto.

New Sec. 5. The program transfers shall be made pursuant to a tran- sition plan and such transfers shall be made on or before July 1, 1997. Such transition plan shall be jointly developed by the secretary of social and rehabilitation services and the secretary of aging. Such transition plan shall be interpreted and administered to comply with applicable federal grant requirements. Such transition plan shall be developed, as practi- cable, to minimize confusion and disruptions to affected program con- sumers.

New Sec. 6. Pursuant to the transition plan provided for by section 5, the secretary of social and rehabilitation services shall transfer from the department of social and rehabilitation services to the department on aging all applicable appropriations, resources and obligations associated with these programs.

New Sec. 7. The secretary of aging shall be a continuation of the secretary of social and rehabilitation services as to the programs trans- ferred in accordance with the transition plan provided for by section 5 and shall be the successor in every way to the powers, duties and functions of the secretary of social and rehabilitation services for such programs, except as otherwise provided. On and after the transfer date for each of the programs transferred, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of aging shall be deemed to have the same force and effect as if performed by the secretary of social and rehabilitation services in whom such powers were vested prior to the transfer.

New Sec. 8. (a) No suit, action or other proceeding, judicial or ad- ministrative, which pertains to any of the transferred long-term care pro- grams, and which is lawfully commenced, or could have been com- menced, by or against the secretary of social and rehabilitation services in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such programs. The secretary of aging shall be named or substituted as the defendant in place of the secretary of social and rehabilitation services in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.

(b) No suit, action or other proceeding, judicial or administrative, pertaining to the transferred long-term care programs which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.

(c) No criminal action commenced or which could have been com- menced by the state shall abate by the taking effect of this act.

(d) Any final appeal decision of the department of social and reha- bilitation services entered pursuant to K.S.A. 75-3306 and amendments thereto or the Kansas act for judicial review and civil enforcement of agency actions currently pertaining to any long-term care program trans- ferred pursuant to this act shall be binding upon and applicable to the secretary of aging and the department on aging.

New Sec. 9. The secretary of social and rehabilitation services and the secretary of aging shall require their agents and employees to be equally available for preparation for and testimony in any administrative hearing of or judicial proceeding pertaining to the department of social and rehabilitation services or the department on aging and any program or service transferred under this act.

New Sec. 10. (a) If or when any conflict arises as to the disposition of any power, duty or function or issues involving resources, appropria- tions and obligations as a result of a transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.

(b) If or when any conflict arises as to the succession to any property and records related to any transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.

New Sec. 11. Prior to December 31, 1996, the secretary of social and rehabilitation services and the secretary of aging shall report to the governor and the legislature on any known statutory changes required for the performance of the functions of this act.

New Sec./007006/If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other pro- visions of this act and they shall be given effect without the invalid pro- vision, and to this end the provisions of this act are declared to be sev- erable.

Sec./007006/K.S.A. 39-7,100 is hereby amended to read as follows: 39- 7,100. (a) As used in this section:

(1) ``Home and community based services program programs'' means mean the program programs established under the state medical assis- tance program under plans or waivers as defined in title XIX of the federal social security act in accordance with the plan plans or waivers adopted under subsection (s) of K.S.A. 39-708c and amendments thereto by the secretary of social and rehabilitation services and the secretary of aging, either separately or jointly, to provide attendant care services to individ- uals in need of in-home care who would require admission to an insti- tution if the attendant care services were not otherwise provided.

(2) ``Secretary'' means either the secretary of social and rehabilitation services or the secretary of aging.

(b) The secretary as part of the home and community based services program programs, subject to social security act grant requirements, shall provide that:

(1) Priority recipients of attendant care services shall be those indi- viduals in need of in-home care who are at the greatest risk of being placed in an institutional setting;

(2) individuals in need of in-home care who are recipients of atten- dant care services and the parents or guardians of individuals who are minors at least 16 years of age and who are in need of in-home care shall have the right to choose the option to make decisions about, direct the provisions of and control the attendant care services received by such individuals including, but not limited to, selecting, training, managing, paying and dismissing of an attendant;

(3) any proposals to provide attendant care services solicited by the secretary shall be selected based on service priorities developed by the secretary, except that priority shall be given to proposals that will serve those at greatest risk of being placed in an institution as determined by the secretary;

(4) providers, where appropriate, shall include individuals in need of in-home care in the planning, startup, delivery and administration of at- tendant care services and the training of personal care attendants; and

(5) within the limits of appropriations therefor, the home and com- munity based services program programs shall serve eligible individuals in need of in-home care throughout this state.

(c) Within the limits of appropriations therefor, the secretary may initiate demonstration projects to test new ways of providing attendant care services and may conduct specific research into ways to best provide attendant care services in both urban and rural environments.

(d) On or before October 1, 1990, the secretary shall submit a written report to the governor and to the legislature, which report shall include a summary of attendant care services provided under the home and com- munity based services program, a description of the service models util- ized as part of the program, the costs by service model and units of service provided per client, client demographics and such other information as the secretary deems appropriate.

Sec./007006/K.S.A. 75-5910 is hereby amended to read as follows: 75- 5910. (a) Except as otherwise specifically provided by law, and subject to the Kansas civil service act, the secretary of aging shall appoint all sub- ordinate officers and employees of the department and all such subor- dinate officers and employees shall be within the classified service under the Kansas civil service act.

(b) The secretary may appoint one public information officer, one chief attorney, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the gover- nor. The secretary may appoint deputy secretaries and commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All deputy secretaries and commissioners shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor.

(c) Nothing in subsection (b) shall affect the classified status of any person employed by the department on aging on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the secretary pursuant to K.S.A. 75-5909 or 75-2948 and amendments thereto.

(d) Personnel of the department shall perform such duties and ex- ercise such powers as the secretary may prescribe such duties and powers as are designated by law.

New Sec./007006/(a) As used in this section and section 16, ``secretary'' means the secretary of social and rehabilitation services.

(b) Subject to the limitations of this section, the secretary of social and rehabilitation services may organize the department of social and rehabilitation services in the manner the secretary determines most ef- ficient. Commission heads, division heads and employees of the depart- ment of social and rehabilitation services not within a particular commis- sion or division shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary may prescribe. Such commission heads, division heads and employees shall act for, and exercise the powers of, the secretary to the extent authority to do so is delegated by the secretary.

(c) Subject to the provisions of subsection (b), personnel of each com- mission and division of the department of social and rehabilitation services shall perform such duties and shall exercise such powers as the head of the commission or division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each commission and division shall act for, and exercise the powers of, their commission or division head to the extent the authority to do so is dele- gated by the commission or division head.

Sec./007006/K.S.A. 75-5310 is hereby amended to read as follows: 75- 5310. The secretary of social and rehabilitation services may appoint a chief attorney and other attorneys for the department of social and re- habilitation services. The chief attorney shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of social and rehabilitation services and approved by the governor. The secretary of social and rehabilitation services may also appoint staff assistants. Such staff assistants and attorneys other than the chief attorney shall be in the classified service under the Kansas civil service act. The secretary of social and rehabilitation services may appoint one public information officer, one personal secretary and one special assistant who shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive annual salaries fixed by the sec- retary of social and rehabilitation services and approved by the governor. The secretary of social and rehabilitation services may appoint a com- missioner of administrative services deputy secretary who shall serve at the pleasure of the secretary, be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of social and rehabilitation services and approved by the gov- ernor.

The secretary may appoint commissioners and deputy commissioners as determined necessary by the secretary to effectively carry out the mis- sion of the department. All commissioners and deputy commissioners shall serve at the pleasure of the secretary, shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. The secretary may also appoint a director for each of the department's management areas. Each area director shall serve at the pleasure of the secretary, be in the un- classified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary and approved by the governor. Noth- ing in this act shall affect the classified status of any person employed as a deputy commissioner or area director on the day immediately preceding the effective date of the act and the unclassified status shall apply only to persons appointed to such positions on or after the effective date of the act.

New Sec./007006/The secretary of social and rehabilitation services shall apply for appropriate waivers to applicable federal medicaid provisions to permit an expansion of home and community based services to include the services provided under the Kansas senior care act and to obtain medicaid funding therefor.

New Sec./007006/The secretary of aging shall ensure statewide service access is available in a timely manner and shall adopt an application pro- cedure for long-term care services which presumes the eligibility of per- sons applying for long-term care services from the date of application.

New Sec. 19. (a) There is hereby created the SRS transition over- sight committee which shall consist of 12 members as follows:

(1) Three members appointed by the chairperson of the house ap- propriations committee of whom two are of the majority party and one is of the minority party;

(2) three members appointed by the chairperson of the senate ways and means committee of whom two are of the majority party and one is of the minority party;

(3) two members appointed by the speaker of the house of represen- tatives from among the members of the house committee on health and human services, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party;

(4) two members appointed by the president of the senate from among the members of the senate committee on public health and wel- fare, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party; and

(5) two members appointed jointly by the speaker of the house of representatives and the president of the senate from among the members of the health care reform legislative oversight committee, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party.

(b) The chairperson of the house appropriations committee shall ap- point the chairperson of the oversight committee for the first year, ending on June 30, and the chairperson of the senate ways and means committee shall appoint the chairperson of the oversight committee for the second year of its existence. No legislator whose district includes any part of the counties of Shawnee or Cowley shall be eligible to serve as a member of the oversight committee.

(c) The oversight committee shall meet on call of the chairperson. All such meetings shall be held in Topeka unless authorized to be held in a different place by the legislative coordinating council. Members of the oversight committee shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212 and amendments thereto, when attending meetings of such committee.

(d) (1) The oversight committee shall monitor implementation of the transfer of long-term care programs from the secretary of social and re- habilitation services to the secretary of aging. The committee shall spe- cifically examine transfer cost neutrality and the need for additional fund- ing to finance transition costs. The oversight committee shall ensure that the transfer of the long-term care programs does not lead to a loss of services by consumers.

(2) The oversight committee shall:

(A) Monitor, review and make recommendations relating to privati- zation efforts at the state hospitals, the closure of hospital beds, the down- sizing of staff, the closure of Topeka state hospital and Winfield state hospital and training center, the funding of community services and the availability of adequate community services;

(B) monitor and review preparation of an evaluation of the hospital closure process which emphasizes how the process might be improved if additional closure efforts are necessary in future years;

(C) review and make recommendations to the legislative coordinating council relating to selection of a contractor to perform such evaluation of the hospital closure process; and

(D) cooperate with the Kansas council on developmental disabilities in developing and reviewing the request for proposal process and in se- lecting the contractor to perform the hospital closure process evaluation.

(3) The oversight committee shall monitor, review and make rec- ommendations relating to privatization of children service programs in- cluding family preservation, foster care and adoption programs.

(4) The oversight committee shall:

(A) Prepare an interim report on findings and recommendations which shall be provided to the legislature on or before the first day of the 1997 legislative session;

(B) prepare a final report on findings and recommendations which shall be provided to the legislature on or before the first day of the 1998 legislative session; and

(C) prepare an additional interim report relating to how the closure process could be improved, including recommendations for improve- ments in the closure process should closure of similar institutions occur in future years, to be presented separately on or before the first day of the 1997 legislative session, and to prepare an additional final report on such issues to be presented separately to the legislature on or before the first day of the 1998 legislative session.

(e) (1) In accordance with K.S.A. 46-1204 and amendments thereto, the legislative coordinating council may provide for a contractor to per- form an evaluation of the hospital closure process as may be recom- mended by the SRS transition oversight committee.

(2) Such contractor shall prepare an evaluation of hospital closure, including, but not limited to, evaluation of the following:

(A) Tracking of community placement and hospital transfers;

(B) appropriateness of placements and quality of community services;

(C) changes in capabilities of patients placed in the community and other hospitals;

(D) consumer, parental and guardianship knowledge of available op- tions prior to placements;

(E) impact of parental or guardian opinions regarding closure;

(F) changes in community attitudes toward hospital closure and per- sons with developmental disabilities or severe and persistent mental ill- ness; and

(G) identification of elements of the closure process which are suc- cessful, and the elements which are unsuccessful, including recommen- dations on how the process may be improved.

(f) The SRS transition oversight committee is hereby abolished on July 1, 1998.

New Sec. 20. On and after July 1, 1996, the eligibility requirement that applicants for institutional-based long-term care services shall not have income in excess of a maximum amount equal to 300% of federal supplemental security income shall no longer be applied to applicants for institutional-based long-term care services.

New Sec. 21. (a) The secretary of aging and the secretary of social and rehabilitation services shall develop and submit to the legislature at the beginning of each regular session a report on the activities under the client assessment, referral and evaluation (CARE) program under K.S.A. 1995 Supp. 39-968 and amendments thereto, in-home and other services provided by the department on aging for older Kansans, and on all activ- ities of the department on aging and of the department of social and rehabilitation services for the programs and activities under the provisions of this act. The report shall contain detailed information regarding:

(1) The amounts of money allocated, anticipated to be expended, and expended to date for the current fiscal year for the home and community- based services program, assisted living services, institutional-based serv- ices program and each other program providing long-term services and the numbers of persons receiving services under each such program;

(2) the categories of and the actual amounts of expenditures for the costs of transferring the long-term care programs from the department of social and rehabilitation services to the department on aging, including identification of any reallocation of funds to finance the costs of such transfer;

(3) the activities of and resources dedicated to the client assessment, referral and evaluation (CARE) program during the transition period for the transfer of long-term care programs from the department of social and rehabilitation services to the department on aging under this act, including the persons served and the anticipated growth in the need for such services;

(4) the criteria adopted to evaluate the performance of the area agen- cies on aging and other providers of services under the client assessment, referral and evaluation (CARE) program and the long-term care services transferred from the department of social and rehabilitation services to the department on aging under this act and a review of the performance of the area agencies on aging and other providers of services under such criteria to date;

(5) the programs and procedures adopted to provide active advocacy for older Kansans and the activities thereunder, including expenditures therefor and the number of persons served thereby; and

(6) the programs and procedures adopted to provide incentives to control costs under each of the programs providing long-term care serv- ices.

(b) The secretary of aging and the secretary of social and rehabilita- tion services shall prepare and submit interim reports of the matters to be contained in the report under subsection (a) to the oversight commit- tee created by section 19 and amendments thereto, at the request of the oversight committee, and also shall submit a copy of the final report to the legislature under subsection (a) to the oversight committee.

Sec. 22. K.S.A. 75-5931 is hereby amended to read as follows: 75- 5931. The secretary shall adopt rules and regulations to govern:

(a) The eligibility of persons receiving the services;

(b) the level of payments to providers and funds spent for each client;

(c) sliding fee scales based on ability to pay for services provided under this act;

(d) (c) reports to be made to the secretary by the area agencies on aging;

(e) (d) the level of local match required to participate in the program during fiscal year 1990;

(f) (e) the selection of clients who are most in need of the program's benefits; and

(g) (f) such other matters as the secretary deems necessary for the administration of this act.

Sec. 23. K.S.A. 75-5928 is hereby amended to read as follows: 75- 5928. (a) Within the limitations of appropriations therefor, the secretary of aging is hereby authorized to establish a program of in-home services for residents of Kansas 60 years of age or older who have functional limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently.

(b) The secretary of aging shall establish and administer, pursuant to the provisions of this act, a program of in-home services as authorized under subsection (a). The secretary shall designate area agencies on aging to administer the program in their respective planning and service areas. The secretary shall designate an area agency on aging to receive funds only after the area agency on aging has submitted an acceptable program plan. The plan must be developed with support of a local or regional coordinating committee comprised of representatives of senior organi- zations, home health agencies and health departments, department of social and rehabilitation services offices and other interested groups.

(c) The program of in-home services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with this act and with appropriation acts relating thereto. The secretary shall establish by rules and regulations the priority of services to be offered under this program. Such services shall include, but not be limited to, homemaker services, attendant care services, transportation for care services, chore services and care management services. The secretary shall follow the priorities established in specifying services under this act, but any such service or services, or combination of services, to be provided under this act shall be consistent with appropriations for such program.

(d) In establishing a program of in-home services authorized under subsection (a) and the provisions of this act, the secretary of aging may:

(1) Make grants to area agencies on aging;

(2) fix, charge and collect fees for services provided as part of such program, such fees to be fixed on a sliding scale based on the recipient's ability to pay for the services and the schedule of fees shall be published annually in the Kansas register;

(3) adopt rules and regulations necessary to establish the program under this act and to administer the provisions of such program and shall adopt rules and regulations as provided under K.S.A. 75-5931;

(4) enter into contracts as necessary to carry out the provisions of this act; and

(5) take such other action as may be necessary to carry out the pro- visions of this act.

Sec. 24. K.S.A. 39-7,100, 75-5302, 75-5304a, 75-5304b, 75-5304c, 75-5306a, 75-5306b, 75-5306c, 75-5306d, 75-5306e, 75-5306f, 75-5308a, 75-5308b, 75-5308c, 75-5310, 75-5316, 75-5318, 75-5323, 75-5324, 75- 5327, 75-5329, 75-5330, 75-5332, 75-5333, 75-5334, 75-5335, 75-5336, 75-5337, 75-5339, 75-5910, 75-5928 and 75-5931 are hereby repealed.

Sec. 25. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 17, 1996.