CHAPTER 118 HOUSE BILL No. 2227 An  Act relating to certain boards and committees; concerning governing boards for com-
munity mental health or mental retardation; continuing in existence the SRS transition
oversight committee; amending K.S.A. 19-4002 and 19-4002a and K.S.A. 1998 Supp.
46-2701 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 19-4002 is hereby amended to read as follows: 19-
4002. (a) (1) Except as provided by K.S.A. 19-4002a and 19-4002b, and
amendments thereto, every county which establishes a mental health cen-
ter or facility for the mentally retarded shall establish a community mental
health or mental retardation governing board. Every county which wants
to establish such board for the purpose of allowing such board to contract
with a nonprofit corporation to provide services for the mentally retarded
may establish a mental retardation governing board in accordance with
the provisions of this section. Any board established under this subsection
shall be referred to as the governing board. The governing board shall be
composed of not less than seven members. The members of such gov-
erning board shall be appointed by and shall serve at the pleasure of the
board of county commissioners of the county.

      (2) When any combination of counties desires two or more counties
desire to establish a mental health center or facility for the mentally re-
tarded, the chairperson of the board of the county commissioners of each
participating county shall appoint two members to a selection committee,
which committee shall select the first governing board. Each participating
county shall have at least one representative on such board.

      (b) Membership of each governing board, as nearly as possible, shall
be representative of public health, medical profession, the judiciary, pub-
lic welfare, hospitals, mental health organizations and mental retardation
organizations, as well as education, rehabilitation, labor, business, and
civic groups and the general public, and, in each case of a. The governing
board of a mental health center, the membership of the governing board
also shall include consumers of mental health services or representatives
of mental health consumer groups and shall include family members of
mentally ill persons.

      (c) Should the board or boards of county commissioners be desirous
of providing If the board of county commissioners desires to provide both
mental health services and services for the mentally retarded in accord-
ance with the provisions of this act, and determine it is more practical to
establish a single governing board for mental health services and mental
retardation facilities, then the respective board or boards of commission-
ers may establish a single board. In the event If the board or boards of
county commissioners determine that separate boards are more practical,
then the respective board or boards of county commissioners may estab-
lish a governing board for a mental health center and a separate board
for mental retardation facilities.

      Sec.  2. K.S.A. 19-4002a is hereby amended to read as follows: 19-
4002a. (a)(1) In lieu of appointing a governing board as provided by K.S.A.
19-4002, and amendments thereto, the board of county commissioners
of Sedgwick county may serve as the community mental health or mental
retardation governing board for Sedgwick county.

      (2) In lieu of appointing a governing board as provided by K.S.A. 19-
4002, and amendments thereto, the unified government board of com-
missioners of Wyandotte county may serve as the community mental
health or mental retardation governing board for Wyandotte county.

      (b) If the board of county commissioners or the unified government
board of commissioners elects to serve as the governing board pursuant
to this section, the board of county commissioners or the unified govern-
ment board of commissioners shall appoint a mental health and mental
retardation advisory board of not less than seven members. Members of
the advisory board shall serve at the pleasure of the board of county
commissioners making their appointment. Membership of the advisory
board shall include consumers of mental health services or representa-
tives of mental health consumer groups and shall include family members
of mentally ill persons and, as nearly as possible, shall be representative
of public health, medical profession, the judiciary, public welfare, hos-
pitals and mental health organizations and education, rehabilitation, labor,
business and civic groups.

      (c) The board of county commissioners or the unified government
board of commissioners, as the mental health or mental retardation gov-
erning board, shall seek the recommendations of the mental health and
mental retardation advisory board prior to adopting the annual plan and
budget for county mental health and retardation programs.

      Sec.  3. K.S.A. 1998 Supp. 46-2701 is hereby amended to read as
follows: 46-2701. (a) There is hereby created the SRS transition oversight
committee which. In accordance with this section, the SRS transition
oversight committee in existence on the day immediately preceding the
effective date of this act is hereby continued in existence. On and after
July 1, 1999, the oversight committee shall consist of 12 members as fol-
lows:

      (1) Three members who shall be appointed by the chairperson of the
house appropriations committee, from among the members of the house
appropriations committee, of whom two are members of the majority
party and one is a member of the minority party;

      (2) three members who shall be appointed by the chairperson of the
senate ways and means committee, from among the members of the senate
ways and means committee, of whom two are members of the majority
party and one is a member of the minority party;

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

      (4) two members who shall be appointed by the president of the
senate from among the members of the senate committee on public
health and welfare, 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)  (1) The terms of office of all members of the SRS transition over-
sight committee serving on June 30, 1999, are hereby continued until June
30, 2001. The chairperson of the house appropriations committee shall
appoint 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. The vice-chairperson of the SRS
transition oversight committee on June 30, 1999, shall on July 1, 1999,
become chairperson of such committee, and the chairperson of the SRS
transition oversight committee on June 30, 1999, shall on July 1, 1999,
become vice-chairperson of such committee. The chairperson and vice-
chairperson of the SRS transition oversight committee serving in such
offices on July 1, 1999, shall continue in such offices until June 30, 2000.
The vice-chairperson of the SRS transition oversight committee on June
30, 2000, shall on July 1, 2000, become chairperson of such committee,
and the chairperson of the SRS transition oversight committee on June
30, 2000, shall on July 1, 2000, become vice-chairperson of such commit-
tee. The chairperson and vice-chairperson of the SRS transition oversight
committee serving in such offices on July 1, 2000, shall continue in such
offices until June 30, 2001.

      (2) If a vacancy occurs in the office of any member of the SRS tran-
sition oversight committee, a successor shall be appointed in the same
manner as the original appointment.

      (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 the long-term care programs that were transferred from the
secretary of social and rehabilitation services to the secretary of aging.
The committee shall specifically examine transfer cost neutrality and the
need for additional funding to finance transition costs. The oversight com-
mittee 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 (A) privatization of children service programs
of the department of social and rehabilitation services including family
preservation, foster care and adoption programs, (B) privatization of child
support collection programs and any other programs of the department
of social and rehabilitation services, and (C) privatization of any pro-
grams of the department on aging.

      (4) The SRS transition oversight committee shall monitor, review and
make recommendations relating to federal social welfare reform laws and
the regulations and policies implementing such laws and the activities of
the department of social and rehabilitation services relating to such fed-
eral laws, regulations and policies and the operation of the home and
community based services programs.

      (5) 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
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
2001 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) (e) The SRS transition oversight committee is hereby abolished
on July 1, 1998 2001.

 Sec.  4. K.S.A. 19-4002 and 19-4002a and K.S.A. 1998 Supp. 46-2701
are hereby repealed.

 Sec.  5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 1999.
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