CHAPTER 197
SENATE Substitute for HOUSE BILL No. 2067
An Act concerning providers of care services; relating to
employment of persons convicted
or adjudicated of certain offenses; concerning adult care home,
home health agency,
developmental disability and pregnancy maintenance service
providers; amending K.S.A.
39-970 and 65-3506 and K.S.A. 2000 Supp. 65-5117 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 39-970 is hereby
amended to read as follows: 39-
970. (a) (1) On and after July 1, 1998, No
person shall knowingly operate
an adult care home if, in the adult care home, there works any
person
who has been convicted of or has been adjudicated a juvenile
offender
because of having committed an act which if done by an adult
would
constitute the commission of capital murder, pursuant to K.S.A.
21-3439
and amendments thereto, first degree murder, pursuant to K.S.A.
21-
3401 and amendments thereto, second degree murder, pursuant to
sub-
section (a) of K.S.A. 21-3402 and amendments thereto, voluntary
man-
slaughter, pursuant to K.S.A. 21-3403 and amendments thereto,
assisting
suicide pursuant to K.S.A. 21-3406 and amendments thereto,
mistreat-
ment of a dependent adult, pursuant to K.S.A. 21-3437 and
amendments
thereto, rape, pursuant to K.S.A. 21-3502 and amendments thereto,
in-
decent liberties with a child, pursuant to K.S.A. 21-3503 and
amendments
thereto, aggravated indecent liberties with a child, pursuant to
K.S.A. 21-
3504 and amendments thereto, aggravated criminal sodomy, pursuant
to
K.S.A. 21-3506 and amendments thereto, indecent solicitation of a
child,
pursuant to K.S.A. 21-3510 and amendments thereto, aggravated
inde-
cent solicitation of a child, pursuant to K.S.A. 21-3511 and
amendments
thereto, sexual exploitation of a child, pursuant to K.S.A. 21-3516
and
amendments thereto, sexual battery, pursuant to K.S.A. 21-3517
and
amendments thereto, or aggravated sexual battery, pursuant to
K.S.A. 21-
3518 and amendments thereto, an attempt to commit any of the
crimes
listed in this subsection (a)(1), pursuant to K.S.A. 21-3301,
and amend-
ments thereto, a conspiracy to commit any of the crimes listed
in this
subsection (a)(1), pursuant to K.S.A. 21-3302, and amendments
thereto,
or criminal solicitation of any of the crimes listed in this
subsection (a)(1),
pursuant to K.S.A. 21-3303, and amendments thereto, or
similar statutes
of other states or the federal government.
(2) On and after July 1,
1998, A person operating an adult care home
may employ an applicant who has been convicted of any of the
following
if five or more years have elapsed since the applicant satisfied
the sen-
tence imposed or was discharged from probation, a community
correc-
tional services program, parole, postrelease supervision,
conditional re-
lease or a suspended sentence; or if five or more years have
elapsed since
the applicant has been finally discharged from the custody of the
com-
missioner of juvenile justice or from probation or has been
adjudicated a
juvenile offender, whichever time is longer: A felony conviction
for a
crime which is described in: (A) article 34 of chapter 21 of the
Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the
Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C)
a
conviction of an attempt under K.S.A. 21-3301 and
amendments thereto
to commit any act listed in this subsection or subsection
(a)(1); or (D) an
attempt to commit any of the crimes listed in this subsection
(a)(2) pur-
suant to K.S.A. 21-3301, and amendments thereto; (D) a
conspiracy to
commit any of the crimes listed in subsection (a)(2) pursuant to
K.S.A.
21-3302, and amendments thereto; (E) criminal solicitation of
any of the
crimes listed in subsection (a)(2) pursuant to K.S.A. 21-3303,
and amend-
ments thereto; or (F) similar statutes of other states or
the federal gov-
ernment.
(b) No person shall operate an adult care
home if such person has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) The secretary of health and
environment shall have access to any
criminal history record information in the possession of the Kansas
bureau
of investigation regarding felony convictions, convictions under
K.S.A. 21-
3437 and 21-3517, and amendments thereto, adjudications of a
juvenile
offender which if committed by an adult would have been a felony
con-
viction, and adjudications of a juvenile offender for an offense
described
in K.S.A. 21-3437 and 21-3517, and amendments thereto,
concerning per-
sons working in an adult care home. The secretary shall have access
to
these records for the purpose of determining whether or not the
adult
care home meets the requirements of this section. The Kansas bureau
of
investigation may charge to the department of health and
environment a
reasonable fee for providing criminal history record information
under
this subsection.
(d) For the purpose of complying with
this section, the operator of
an adult care home shall request from the department of health
and
environment information obtained by the secretary of health
and envi-
ronment regarding only felony convictions,
convictions under K.S.A. 21-
3437 and 21-3517, and amendments thereto, adjudications of a
juvenile
offender which if committed by an adult would have been a felony
con-
viction, and adjudications of a juvenile offender for an offense
described
in K.S.A. 21-3437 and 21-3517, and amendments thereto, and
which re-
lates to a person who works in the adult care home, or is being
considered
for employment by the adult care home, for the purpose of
determining
whether such person is subject to the provision of this section.
For the
purpose of complying with this section, the operator of an adult
care home
shall receive from any employment agency which provides employees
to
work in the adult care home written certification that such
employees are
not prohibited from working in the adult care home under this
section.
For the purpose of complying with this section, information
relating to
convictions and adjudications by the federal government or to
convictions
and adjudications in states other than Kansas shall not be required
until
such time as the secretary of health and environment determines
the
search for such information could reasonably be performed and the
in-
formation obtained within a two-week period. For the purpose of
com-
plying with this section, a person who operates an adult care home
may
hire an applicant for employment on a conditional basis pending the
re-
sults from the department of health and environment of a request
for
information under this subsection. No adult care home, the operator
or
employees of an adult care home or an employment agency, or the
op-
erator or employees of an employment agency, shall be liable for
civil
damages resulting from any decision to employ, to refuse to employ
or
to discharge from employment any person based on such adult
care
home's compliance with the provisions of this section if such adult
care
home or employment agency acts in good faith to comply with this
sec-
tion.
(e) The secretary of health and
environment shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted to the department under this section.
(f) (1) The secretary of health
and environment shall provide each
operator requesting information under this section with the
criminal his-
tory record information concerning felony convictions and
convictions
under K.S.A. 21-3437 and 21-3517, and amendments thereto, in
writing
and within three working days of receipt of such information
from the
Kansas bureau of investigation. The criminal history record
information
shall be provided regardless of whether the information
discloses that the
subject of the request has been convicted of an offense
enumerated in
subsection (a).
(2) When an offense enumerated in
subsection (a) exists in the crim-
inal history record information, and when further confirmation
regarding
criminal history record information is required from the
appropriate
court of jurisdiction or Kansas department of corrections, the
secretary
shall notify each operator that requests information under this
section in
writing and within three working days of receipt from the Kansas
bureau
of investigation that further confirmation is required. The
secretary shall
provide to the operator requesting information under this
section infor-
mation in writing and within three working days of receipt of
such infor-
mation from the appropriate court of jurisdiction or Kansas
department
of corrections regarding confirmation regarding the criminal
history rec-
ord information.
(3) Whenever the criminal history
record information reveals that the
subject of the request has no criminal history on record, the
secretary
shall provide notice to each operator requesting information
under this
section, in writing and within three working days after receipt
of such
information from the Kansas bureau of investigation.
(4) The secretary of health and
environment shall not provide each
operator requesting information under this section with the
juvenile crim-
inal history record information which relates to a person
subject to a
background check as is provided by K.S.A. 38-1618 and
amendments
thereto. The secretary shall notify the operator that requested
the infor-
mation, in writing and within three working days of receipt of
such in-
formation from the Kansas bureau of investigation, whether
juvenile crim-
inal history record information received pursuant to this
section reveals
that the operator would or would not be prohibited by this
section from
employing the subject of the request for
information.
(5) An operator who receives criminal
history record information un-
der this subsection (f) shall keep such information
confidential, except that
the operator may disclose such information to the person who is
the sub-
ject of the request for information. A violation of this
paragraph (5) shall
be an unclassified misdemeanor punishable by a fine of
$100.
(f) (g) No person
who works for an adult care home and who is cur-
rently licensed or registered by an agency of this state to provide
profes-
sional services in the state and who provides such services as part
of the
work which such person performs for the adult care home shall be
subject
to the provisions of this section.
(g) (h) A
person who volunteers in an adult care home shall not be
subject to the provisions of this section because of such volunteer
activity.
(h) (i) No person
who has been employed by the same adult care
home for five consecutive years immediately prior to the effective
date
of this act shall be subject to the provisions of this section
while employed
by such adult care home.
(i) (j) The
operator of an adult care home shall not be required under
this section to conduct a background check on an applicant for
employ-
ment with the adult care home if the applicant has been the subject
of a
background check under this act within one year prior to the
application
for employment with the adult care home. The operator of an adult
care
home where the applicant was the subject of such background check
may
release a copy of such background check to the operator of an adult
care
home where the applicant is currently applying.
(j) (k) No person
who is in the custody of the secretary of corrections
and who provides services, under direct supervision in nonpatient
areas,
on the grounds or other areas designated by the superintendent of
the
Kansas soldiers' home or the Kansas veterans' home shall be subject
to
the provisions of this section while providing such services.
(k) (l) For purposes
of this section, the Kansas bureau of investigation
shall only report felony convictions, convictions under K.S.A.
21-3437 and
21-3517, and amendments thereto, adjudications of a juvenile
offender
which if committed by an adult would have been a felony
conviction, and
adjudications of a juvenile offender for an offense described in
K.S.A. 21-
3437 and 21-3517, and amendments thereto, to the secretary of
health
and environment when a background check is
requested.
(m) This section shall be part of
and supplemental to the adult care
home licensure act.
Sec. 2. K.S.A. 2000 Supp. 65-5117
is hereby amended to read as
follows: 65-5117. (a) (1) On and after July 1,
1998, No person shall
knowingly operate a home health agency if, for the home health
agency,
there works any person who has been convicted of or has been
adjudi-
cated a juvenile offender because of having committed an act which
if
done by an adult would constitute the commission of capital
murder,
pursuant to K.S.A. 21-3439 and amendments thereto, first degree
mur-
der, pursuant to K.S.A. 21-3401 and amendments thereto, second
degree
murder, pursuant to subsection (a) of K.S.A. 21-3402 and
amendments
thereto, voluntary manslaughter, pursuant to K.S.A. 21-3403 and
amend-
ments thereto, assisting suicide, pursuant to K.S.A. 21-3406 and
amend-
ments thereto, mistreatment of a dependent adult, pursuant to
K.S.A. 21-
3437 and amendments thereto, rape, pursuant to K.S.A. 21-3502
and
amendments thereto, indecent liberties with a child, pursuant to
K.S.A.
21-3503 and amendments thereto, aggravated indecent liberties with
a
child, pursuant to K.S.A. 21-3504 and amendments thereto,
aggravated
criminal sodomy, pursuant to K.S.A. 21-3506 and amendments
thereto,
indecent solicitation of a child, pursuant to K.S.A. 21-3510 and
amend-
ments thereto, aggravated indecent solicitation of a child,
pursuant to
K.S.A. 21-3511 and amendments thereto, sexual exploitation of a
child,
pursuant to K.S.A. 21-3516 and amendments thereto, sexual battery,
pur-
suant to K.S.A. 21-3517 and amendments thereto, or aggravated
sexual
battery, pursuant to K.S.A. 21-3518 and amendments thereto, an
attempt
to commit any of the crimes listed in this subsection (a)(1),
pursuant to
K.S.A. 21-3301, and amendments thereto, a conspiracy to commit
any of
the crimes listed in this subsection (a)(1), pursuant to K.S.A.
21-3302, and
amendments thereto, or criminal solicitation of any of the
crimes listed in
this subsection (a)(1), pursuant to K.S.A. 21-3303, and
amendments
thereto, or similar statutes of other states or the federal
government.
(2) On and after July 1,
1998, A person operating a home health
agency may employ an applicant who has been convicted of any of
the
following if five or more years have elapsed since the applicant
satisfied
the sentence imposed or was discharged from probation, a
community
correctional services program, parole, postrelease supervision,
conditional
release or a suspended sentence; or if five or more years have
elapsed
since the applicant has been finally discharged from the custody of
the
commissioner of juvenile justice or from probation or has been
adjudi-
cated a juvenile offender, whichever time is longer: A felony
conviction
for a crime which is described in: (A) article 34 of chapter
21 of the Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the
Kansas
Statutes Annotated and amendments thereto, except those crimes
listed
in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C)
a
conviction of an attempt under K.S.A. 21-3301 and
amendments thereto
to commit any act listed in this subsection or subsection
(a)(1); or (D) an
attempt to commit any of the crimes listed in this subsection
(a)(2) pur-
suant to K.S.A. 21-3301, and amendments thereto; (D) a
conspiracy to
commit any of the crimes listed in subsection (a)(2) pursuant to
K.S.A.
21-3302, and amendments thereto; (E) criminal solicitation of
any of the
crimes listed in subsection (a)(2) pursuant to K.S.A. 21-3303,
and amend-
ments thereto; or (F) similar statutes of other states or
the federal gov-
ernment.
(b) No person shall operate a home health
agency if such person has
been found to be a disabled person in need of a guardian or
conservator,
or both.
(c) The secretary of health and
environment shall have access to any
criminal history record information in the possession of the Kansas
bureau
of investigation regarding felony convictions, convictions under
K.S.A. 21-
3437 and 21-3517, and amendments thereto, adjudications of a
juvenile
offender which if committed by an adult would have been a felony
con-
viction, and adjudications of a juvenile offender for an offense
described
in K.S.A. 21-3437 and 21-3517, and amendments thereto,
concerning per-
sons working for a home health agency. The secretary shall have
access
to these records for the purpose of determining whether or not the
home
health agency meets the requirements of this section. The Kansas
bureau
of investigation may charge to the department of health and
environment
a reasonable fee for providing criminal history record information
under
this subsection.
(d) For the purpose of complying with
this section, the operator of a
home health agency shall request from the department of health
and
environment information obtained by the secretary of health
and envi-
ronment regarding only felony convictions,
convictions under K.S.A. 21-
3437 and 21-3517, and amendments thereto, adjudications of a
juvenile
offender which if committed by an adult would have been a felony
con-
viction, and adjudications of a juvenile offender for an offense
described
in K.S.A. 21-3437 and 21-3517, and amendments thereto, and
which re-
lates to a person who works for the home health agency or is being
con-
sidered for employment by the home health agency, for the purpose
of
determining whether such person is subject to the provisions of
this sec-
tion. For the purpose of complying with this section, information
relating
to convictions and adjudications by the federal government or to
convic-
tions and adjudications in states other than Kansas shall not be
required
until such time as the secretary of health and environment
determines
the search for such information could reasonably be performed and
the
information obtained within a two-week period. For the purpose
of com-
plying with this section, the operator of a home health agency
shall receive
from any employment agency which provides employees to work for
the
home health agency written certification that such employees are
not pro-
hibited from working for the home health agency under this
section. For
the purpose of complying with this section, a person who operates a
home
health agency may hire an applicant for employment on a
conditional
basis pending the results from the department of health and
environment
of a request for information under this subsection. No home
health
agency, the operator or employees of a home health agency or an
em-
ployment agency, or the operator or employees of an employment
agency,
which provides employees to work for the home health agency shall
be
liable for civil damages resulting from any decision to employ, to
refuse
to employ or to discharge from employment any person based on
such
home health agency's compliance with the provisions of this section
if
such home health agency or employment agency acts in good faith
to
comply with this section.
(e) The secretary of health and
environment shall charge each person
requesting information under this section a fee equal to cost, not
to ex-
ceed $10, for each name about which an information request has
been
submitted under this section.
(f) (1) The secretary of health
and environment shall provide each
operator requesting information under this section with the
criminal his-
tory record information concerning felony convictions and
convictions
under K.S.A. 21-3437 and 21-3517, and amendments thereto, in
writing
and within three working days of receipt of such information
from the
Kansas bureau of investigation. The criminal history record
information
shall be provided regardless of whether the information
discloses that the
subject of the request has been convicted of an offense
enumerated in
subsection (a).
(2) When an offense enumerated in
subsection (a) exists in the crim-
inal history record information, and when further confirmation
regarding
criminal history record information is required from the
appropriate
court of jurisdiction or Kansas department of corrections, the
secretary
shall notify each operator that requests information under this
section in
writing and within three working days of receipt from the Kansas
bureau
of investigation that further confirmation is required. The
secretary shall
provide to the operator requesting information under this
section infor-
mation in writing and within three working days of receipt of
such infor-
mation from the appropriate court of jurisdiction or Kansas
department
of corrections regarding confirmation regarding the criminal
history rec-
ord information.
(3) Whenever the criminal history
record information reveals that the
subject of the request has no criminal history on record, the
secretary
shall provide notice to each operator requesting information
under this
section, in writing and within three working days after receipt
of such
information from the Kansas bureau of investigation.
(4) The secretary of health and
environment shall not provide each
operator requesting information under this section with the
juvenile crim-
inal history record information which relates to a person
subject to a
background check as is provided by K.S.A. 38-1618 and
amendments
thereto. The secretary shall notify the operator that requested
the infor-
mation, in writing and within three working days of receipt of
such in-
formation from the Kansas bureau of investigation, whether
juvenile crim-
inal history record information received pursuant to this
section reveals
that the operator would or would not be prohibited by this
section from
employing the subject of the request for
information.
(5) An operator who receives criminal
history record information un-
der this subsection (f) shall keep such information
confidential, except that
the operator may disclose such information to the person who is
the sub-
ject of the request for information. A violation of this
paragraph (5) shall
be an unclassified misdemeanor punishable by a fine of
$100.
(f) (g) No person
who works for a home health agency and who is
currently licensed or registered by an agency of this state to
provide pro-
fessional services in this state and who provides such services as
part of
the work which such person performs for the home health agency
shall
be subject to the provisions of this section.
(g) (h) A person
who volunteers to assist a home health agency shall
not be subject to the provisions of this section because of such
volunteer
activity.
(h) (i) No person
who has been employed by the same home health
agency for five consecutive years immediately prior to the
effective date
of this act shall be subject to the requirements of this section
while em-
ployed by such home health agency.
(i) (j) The
operator of a home health agency shall not be required
under this section to conduct a background check on an applicant
for
employment with the home health agency if the applicant has been
the
subject of a background check under this act within one year prior
to the
application for employment with the home health agency. The
operator
of a home health agency where the applicant was the subject of
such
background check may release a copy of such background check to
the
operator of a home health agency where the applicant is currently
apply-
ing.
(k) For purposes of this section, the
Kansas bureau of investigation
shall only report felony convictions, convictions under K.S.A.
21-3437 and
21-3517, and amendments thereto, adjudications of a juvenile
offender
which if committed by an adult would have been a felony
conviction, and
adjudications of a juvenile offender for an offense described in
K.S.A. 21-
3437 and 21-3517, and amendments thereto, to the secretary of
health
and environment when a background check is requested.
(j) (l) This
section shall be part of and supplemental to the provisions
of article 51 of chapter 65 of the Kansas Statutes Annotated and
acts
amendatory thereof or supplemental thereto.
Sec. 3. K.S.A. 65-3506 is hereby
amended to read as follows: 65-
3506. (a) There is hereby established the board of adult care home
ad-
ministrators. The board shall be attached to the department of
health and
environment and shall be within the department as a part thereof.
All
budgeting, purchasing and related management functions of the
board
shall be administered under the direction and supervision of the
secretary
of health and environment. The department shall serve as the
adminis-
trative and enforcement agency of the board in all
respects and shall
perform such services and duties as it may be legally called upon
to per-
form. The attorney for the board shall be an assistant attorney
general
appointed by the attorney general. The office of the attorney
general shall
serve as the enforcement agency for the board. All vouchers
for expend-
itures and all payrolls of the board shall be approved by the
chairperson
of the board and by the secretary of health and environment.
(b) The board of adult care home
administrators shall be composed
of seven members appointed by the secretary of health and
environment
governor, three of whom are representatives of professions
and institu-
tions concerned with the care and treatment of chronically ill or
infirm
elderly patients, two consumer representatives who have no current
or
previous involvement in the financial affairs or as a member of the
gov-
erning body of any adult care home or any association directly
concerned
with the regulation or licensure of adult care homes in the state
and two
adult care home administrators who, at the time of their
appointment,
are licensed by the state and are actively engaged in the
administration
of adult care homes within the state. No more than three members
of
the board may be licensed administrators. Members of the board,
other
than the licensed administrators, shall have no direct financial
interest in
adult care homes. Members of the board shall serve on the board
for
terms of two years or until otherwise disqualified from serving on
the
board, except two of the members first appointed shall serve on the
board
for terms of one year and thereafter, upon the expiration of such
one year
terms, successors shall be appointed in the same manner as the
original
appointments for terms of two years. The provisions of this act
shall not
affect the office of any member of the board of adult care home
admin-
istrators appointed prior to the effective date of this act. All
members of
the board appointed after the effective date of this act shall
be appointed
by the governor.
(c) Members of the board of adult care
home administrators shall
meet at such times as may be appropriate but in no case less than
once
each four months. The chairperson of the board shall be elected
annually
from among the members of the board. All final orders shall be in
writing
and shall be signed by the chairperson and approved by the
board.
(d) Members of the board who attend
meetings of such board, or
attend a subcommittee meeting thereof authorized by such board,
shall
be paid compensation, subsistence allowances, mileage and other
ex-
penses as provided in K.S.A. 75-3223, and amendments thereto.
New Sec. 4. The department of
health and environment shall make
grants in the amount of $300,000 from moneys appropriated for the
fiscal
year ending June 30, 2002, in the operating expenditures (including
of-
ficial hospitality) account of the state general fund pursuant to
contracts
for programs that provide services for women which enable them to
carry
their pregnancies to term, which are hereby authorized and directed
to
be entered into by the secretary of health and environment with the
same
not-for-profit organizations that the secretary entered into
contracts with
pursuant to section 30(h) of chapter 160 of the 1999 Session Laws
of
Kansas for fiscal year 2000: Provided, That such contracted
services may
include an array of social services relating to pregnancy
maintenance and
shall provide that no individuals who are unable to pay shall be
denied
the delivery or provision of pregnancy maintenance services:
Provided
further, That no contract or contracts under pregnancy
maintenance pro-
grams shall be entered into with any group performing, promoting,
re-
ferring for or educating in favor of abortion: And provided
further, That
a not-for-profit organization awarded a contract under this proviso
shall
match state moneys under this contract on the basis of a 50% match
from
a not-for-profit organization and a 50% match from the department
of
health and environment: And provided further, That the
secretary of
health and environment shall submit a report to the legislature at
the
beginning of the regular session of the legislature in 2002 on the
results
and outcomes of such pregnancy maintenance programs: And
provided
further, That no part of the grant moneys shall be used for
any political
purposes.
New Sec. 5. (a) In carrying out the
provisions of subsection (b)(2) of
K.S.A. 39-1804, and amendments thereto, the secretary shall ensure
an-
nually that all available state funds appropriated for community
devel-
opmental disability services are used as match or certified match
to secure
federal financial participation to the maximum extent feasible.
(b) In addition, the secretary shall
ensure that funding provided to
any community developmental disability organization or any
affiliate
thereof by any taxing subdivision of the state is utilized as
certified match
for federal financial participation to the maximum extent feasible.
Any
public funding identified under this section shall be retained at
the local
level and the authority for the use of such revenues shall be
subject to
the statutory authority under which such funds are collected and
ex-
pended and to any agreements entered into by the local authority
with
the community service provider or community developmental
disability
organization to which such funds have been granted, appropriated
or
otherwise transferred. No community developmental disability
organi-
zation or affiliate shall use any funding received pursuant to this
section
to supplant funds previously received from any taxing subdivision
of the
state. In the event that such funding provided by any taxing
subdivision
of the state becomes unavailable for any reason, the state shall
have no
obligation, except as otherwise provided by law, to provide funding
in the
amount no longer available in order to retain the same level of
federal
financial participation.
(c) All actions of the secretary to
maximize the availability of federal
financial participation shall be in accordance with applicable
federal stat-
utes and regulations.
(d) Except as otherwise provided in this
section, revenue derived
from the maximization of federal financial participation shall be
used ex-
clusively (1) to increase the regular, nonspecialized tier
reimbursement
rate above the state fiscal year 2001 levels for the home and
community
based services developmental disabilities waiver for day,
residential, and
individual and family supports, provided on or after July 1, 2001,
based
on an apportionment agreed to by the secretary and the community
de-
velopmental disability organizations; or (2) for other
medicaid-reimburs-
able services for persons with developmental disabilities based
upon an
agreement entered into by the secretary and community
developmental
disability organizations by written contract. The secretary shall
not be
required to utilize more than $15,000,000 in funding provided to
com-
munity developmental disability organizations and their affiliates
by any
taxing subdivision of the state as match for additional federal
financial
participation in any state fiscal year.
(e) The secretary shall require that the
council of community mem-
bers in each service area convene representatives of the community
de-
velopmental disability organization, community service providers,
fami-
lies, consumers and other community stakeholders to develop and
implement community capacity building plans annually, to improve
the
quality and efficiency of service delivery. Each such local plan
shall: (1)
Identify strengths within the local service area, including natural
and com-
munity supports; (2) identify barriers to meeting the independence,
pro-
ductivity, integration and inclusion goals of the developmental
disabilities
reform act; and (3) identify key goals that will be addressed in
the service
area to develop and maintain such community capacity.
(f) The secretary shall report regularly
to the SRS oversight commit-
tee during the interim period prior to the 2002 regular session of
the
legislature and shall report to the legislature on or before the
15th day of
each regular session on the results of plans to maximize federal
financial
participation and on the results of community capacity building
plans
developed and implemented within each service area.
(g) This section shall be construed to be
part of and supplemental to
the developmental disabilities reform act.
Sec. 6. K.S.A. 39-970 and 65-3506 and K.S.A. 2000
Supp. 65-5117
are hereby repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 22, 2001.
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