CHAPTER 197 HOUSE BILL No. 2575 An  Act relating to social welfare; concerning developmental disabilities; establishing the
state council on developmental disabilities; membership; powers and duties; relating to
federal financial participation for community developmental disability services; adult
care homes; definitions; amending K.S.A. 39-923, 74-5501, 74-5503 and 74-5504 and
K.S.A. 2001 Supp. 39-1811, 74-5502 and 74-5505 and repealing the existing sections;
also repealing K.S.A. 74-5506.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 Supp. 39-1811 is hereby amended to read as
follows: 39-1811. (a) In carrying out the provisions of subsection (b)(2)
of K.S.A. 39-1804, and amendments thereto, the secretary shall ensure
annually 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.  2. K.S.A. 74-5501 is hereby amended to read as follows: 74-
5501. (a) There is hereby established the state planning council on de-
velopmental disabilities services which shall consist of not more less than
fifteen (15) 18 members. The membership of the council shall at all times
include representatives of the principal state agencies, higher education
training facilities state entities that administer funds provided under fed-
eral laws related to individuals with disabilities, including the rehabili-
tation act of 1973 (29 U.S.C. 701 et seq.), the individuals with disabilities
education act (20 U.S.C. 1400 et seq.), the older americans act of 1965
(42 U.S.C. 3001 et seq.), and titles V (42 U.S.C. 701 et seq.) and XIX of
the social security act (42 U.S.C. 1396 et seq.), and centers in the state,
the state protection and advocacy system, local agencies, and nongovern-
mental agencies and private nonprofit groups concerned with services to
persons with developmental disabilities. The council shall be appointed
by the governor who shall make appropriate provisions for the rotation
of membership on the council and shall on July 1 of each year designate
one member to be chairperson for the following year.

      (b) At least one-half (1/2) 60% of the membership of the state plan-
ning council shall consist of persons who are:

      (1) Persons with developmental disabilities or parents or guardians of
such persons; or

      (2) Immediate relatives or guardians of persons with mentally im-
pairing developmental disabilities and who are not (A) employees of a
state agency which receives funds or provides services under the federal
rehabilitation act, or (B) managing employees (as defined in 42 U.S.C.
1320a-5 in effect on the effective date of this act) of any other entity
which receives funds or provides services under the federal rehabilitation
act of 1973 (29 U.S.C. 701 et seq.), as amended, or (C) persons with an
ownership or control interest (within the meaning of 42 U.S.C. 1320a-3
in effect on the effective date of this act) with respect to such an entity.

      (c) Of the members of the state planning council described in sub-
section (b):

      (1) At least one-third (1/3) shall be persons with developmental disa-
bilities; and

      (2) At least one-third (1/3) shall be individuals described in paragraph
(2) of subsection (b), and at least one of such individuals shall be an
immediate relative or guardian of an institutionalized person with a de-
velopmental disability, or shall be an individual with a developmental
disability who resides or previously resided in an institution.

      Sec.  3. K.S.A. 2001 Supp. 74-5502 is hereby amended to read as
follows: 74-5502. (a) The state planning council shall:

      (1) Study the problems of prevention, education, rehabilitation and
other programs affecting the general welfare of the developmentally dis-
abled.

      (2) Monitor, review and evaluate, at least annually, the implementa-
tion of the state plan for developmental disabilities.

      (3) Review and comment, to the maximum extent feasible, on all state
plans in the state which relate to programs affecting persons with devel-
opmental disabilities.

      (4) Submit to the secretary of health, education and welfare and hu-
man services, through the governor, such periodic reports on its activities
as the secretary of health, education and welfare and human services may
reasonably request and keep such records and afford such access thereto
as the secretary of health, education and welfare and human services finds
necessary to verify such reports. In accordance with federal laws, the state
plan for developmental disabilities shall be prepared jointly by the division
of mental health and developmental disabilities of the department of so-
cial and rehabilitation services that is responsible for programs for devel-
opmental disabilities and the state planning council.

      (5) Study the various state programs for the developmentally disabled
and shall have power to make suggestions and recommendations to the
various state departments for the coordination and improvements of such
programs.

      (b) The council may make proposed legislative recommendations
having as a function the more efficient, economic and effective realization
of intent, purpose and goal of the various programs for the developmen-
tally disabled.

      (c) Each state agency represented by membership on the council is
hereby authorized to furnish such information, data, reports and statistics
requested by the council.

      Sec.  4. K.S.A. 74-5503 is hereby amended to read as follows: 74-
5503. The state planning council shall conduct quarterly meetings and
additional ones meetings deemed necessary, keep minutes and send a
copy thereof to the governor and all participating state agencies and mem-
bers. The council shall report regularly to the governor, the legislature,
and various other state agencies and organizations working with the de-
velopmentally disabled on progress of programs throughout the state.

      Sec.  5. K.S.A. 74-5504 is hereby amended to read as follows: 74-
5504. Members of the state planning council on developmental disabili-
ties services attending meetings of such council, or attending a subcom-
mittee meeting thereof authorized by such council, shall be paid amounts
provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.

      Sec.  6. K.S.A. 2001 Supp. 74-5505 is hereby amended to read as
follows: 74-5505. The division of mental health and developmental disa-
bilities of the department of social and rehabilitation services that is re-
sponsible for programs for developmental disabilities is hereby designated
as the agency to receive and administer federal funds under the federal
rehabilitation act of 1973 (29 U.S.C. 701 et seq.) developmental disabilities
assistance and bill of rights act (42 U.S.C. 6000 et seq.), as amended. The
state plan for developmental disabilities shall provide for such fiscal con-
trol and fund accounting procedures as may be necessary to assure the
proper disbursement of and accounting for funds paid to the state under
such act.

      Sec.  7. K.S.A. 39-923 is hereby amended to read as follows: 39-923.
(a) As used in this act:

      (1) ``Adult care home'' means any nursing facility, nursing facility for
mental health, intermediate care facility for the mentally retarded, as-
sisted living facility, residential health care facility, home plus, boarding
care home and adult day care facility, all of which classifications of adult
care homes are required to be licensed by the secretary of health and
environment.

      (2) ``Nursing facility'' means any place or facility operating 24 hours
a day, seven days a week, caring for six or more individuals not related
within the third degree of relationship to the administrator or owner by
blood or marriage and who, due to functional impairments, need skilled
nursing care to compensate for activities of daily living limitations.

      (3) ``Nursing facility for mental health'' means any place or facility
operating 24 hours a day, seven days a week caring for six or more indi-
viduals not related within the third degree of relationship to the admin-
istrator or owner by blood or marriage and who, due to functional im-
pairments, need skilled nursing care and special mental health services
to compensate for activities of daily living limitations.

      (4) ``Intermediate care facility for the mentally retarded'' means any
place or facility operating 24 hours a day, seven days a week caring for
six or more individuals not related within the third degree of relationship
to the administrator or owner by blood or marriage and who, due to
functional impairments caused by mental retardation or related condi-
tions need services to compensate for activities of daily living limitations.

      (5) ``Assisted living facility'' means any place or facility caring for six
or more individuals not related within the third degree of relationship to
the administrator, operator or owner by blood or marriage and who, by
choice or due to functional impairments, may need personal care and
may need supervised nursing care to compensate for activities of daily
living limitations and in which the place or facility includes apartments
for residents and provides or coordinates a range of services including
personal care or supervised nursing care available 24 hours a day, seven
days a week for the support of resident independence. The provision of
skilled nursing procedures to a resident in an assisted living facility is not
prohibited by this act. Generally, the skilled services provided in an as-
sisted living facility shall be provided on an intermittent or limited term
basis, or if limited in scope, a regular basis.

      (6) ``Residential health care facility'' means any place or facility, or a
contiguous portion of a place or facility, caring for six or more individuals
not related within the third degree or relationship to the administrator,
operator or owner by blood or marriage and who, by choice or due to
functional impairments, may need personal care and may need supervised
nursing care to compensate for activities of daily living limitations and in
which the place or facility includes individual living units and provides or
coordinates personal care or supervised nursing care available on a 24-
hour, seven-day-a-week basis for the support of resident independence.
The provision of skilled nursing procedures to a resident in a residential
health care facility is not prohibited by this act. Generally, the skilled
services provided in a residential health care facility shall be provided on
an intermittent or limited term basis, or if limited in scope, a regular
basis.

      (7) ``Home plus'' means any residence or facility caring for not more
than five eight individuals not related within the third degree of relation-
ship to the operator or owner by blood or marriage unless the resident
in need of care is approved for placement by the secretary of the de-
partment of social and rehabilitation services, and who, due to functional
impairment, needs personal care and may need supervised nursing care
to compensate for activities of daily living limitations. The level of care
provided residents shall be determined by preparation of the operator
staff and rules and regulations developed by the department of health
and environment. An adult care home may convert a portion of one wing
of the facility to a not less than five-bed and not more than eight-bed home
plus facility provided that the home plus facility remains separate from
the adult care home, and each facility must remain contiguous.

      (8) ``Boarding care home'' means any place or facility operating 24
hours a day, seven days a week, caring for not more than 10 individuals
not related within the third degree of relationship to the operator or
owner by blood or marriage and who, due to functional impairment, need
supervision of activities of daily living but who are ambulatory and essen-
tially capable of managing their own care and affairs.

      (9) ``Adult day care'' means any place or facility operating less than
24 hours a day caring for individuals not related within the third degree
of relationship to the operator or owner by blood or marriage and who,
due to functional impairment need supervision of or assistance with ac-
tivities of daily living.

      (10) ``Place or facility'' means a building or any one or more complete
floors of a building, or any one or more complete wings of a building, or
any one or more complete wings and one or more complete floors of a
building, and the term ``place or facility'' may include multiple buildings.

      (11) ``Skilled nursing care'' means services performed by or under the
immediate supervision of a registered professional nurse and additional
licensed nursing personnel. Skilled nursing includes administration of
medications and treatments as prescribed by a licensed physician or den-
tist; and other nursing functions which require substantial nursing judg-
ment and skill based on the knowledge and application of scientific prin-
ciples.

      (12) ``Supervised nursing care'' means services provided by or under
the guidance of a licensed nurse with initial direction for nursing proce-
dures and periodic inspection of the actual act of accomplishing the pro-
cedures; administration of medications and treatments as prescribed by
a licensed physician or dentist and assistance of residents with the per-
formance of activities of daily living.

      (13) ``Resident'' means all individuals kept, cared for, treated,
boarded or otherwise accommodated in any adult care home.

      (14) ``Person'' means any individual, firm, partnership, corporation,
company, association or joint-stock association, and the legal successor
thereof.

      (15) ``Operate an adult care home'' means to own, lease, establish,
maintain, conduct the affairs of or manage an adult care home, except
that for the purposes of this definition the word ``own'' and the word
``lease'' shall not include hospital districts, cities and counties which hold
title to an adult care home purchased or constructed through the sale of
bonds.

      (16) ``Licensing agency'' means the secretary of health and environ-
ment.

      (17) ``Skilled nursing home'' means a nursing facility.

      (18) ``Intermediate nursing care home'' means a nursing facility.

      (19) ``Apartment'' means a private unit which includes, but is not
limited to, a toilet room with bathing facilities, a kitchen, sleeping, living
and storage area and a lockable door.

      (20) ``Individual living unit'' means a private unit which includes, but
is not limited to, a toilet room with bathing facilities, sleeping, living and
storage area and a lockable door.

      (21) ``Operator'' means an individual who operates an assisted living
facility or residential health care facility with fewer than 61 residents, a
home plus or adult day care facility and has completed a course approved
by the secretary of health and environment on principles of assisted living
and has successfully passed an examination approved by the licensing
agency on principles of assisted living and such other requirements as
may be established by the licensing agency by rules and regulations.

      (22) ``Activities of daily living'' means those personal, functional ac-
tivities required by an individual for continued well-being, including but
not limited to eating, nutrition, dressing, personal hygiene, mobility, to-
ileting.

      (23) ``Personal care'' means care provided by staff to assist an indi-
vidual with, or to perform activities of daily living.

      (24) ``Functional impairment'' means an individual has experienced
a decline in physical, mental and psychosocial well-being and as a result,
is unable to compensate for the effects of the decline.

      (25) ``Kitchen'' means a food preparation area that includes a sink,
refrigerator and a microwave oven or stove.

      (26) The term ``intermediate personal care home'' for purposes of
those individuals applying for or receiving veterans' benefits means resi-
dential health care facility.

      (b) The term ``adult care home'' shall not include institutions oper-
ated by federal or state governments, except institutions operated by the
Kansas commission on veterans affairs, hospitals or institutions for the
treatment and care of psychiatric patients, child care facilities, maternity
centers, hotels, offices of physicians or hospices which are certified to
participate in the medicare program under 42 code of federal regulations,
chapter IV, section 418.1 et seq. and amendments thereto and which
provide services only to hospice patients.

      (c) Facilities licensed under K.S.A. 39-1501 et seq. and amendments
thereto or K.S.A. 75-3307b and amendments thereto or K.S.A. 39-923
under this section as an intermediate personal care home or with license
applications on file with the licensing agency as intermediate personal
care homes on or before January 1, 1995, shall have the option of becom-
ing licensed as either an assisted living facility or a residential health care
facility without being required to add kitchens or private baths.

      (d) Nursing facilities in existence on the effective date of this act
changing licensure categories to become residential health care facilities
shall be required to provide private bathing facilities in a minimum of
20% of the individual living units.

      (e) Facilities licensed under the adult care home licensure act on the
day immediately preceding the effective date of this act shall continue to
be licensed facilities until the annual renewal date of such license and
may renew such license in the appropriate licensure category under the
adult care home licensure act subject to the payment of fees and other
conditions and limitations of such act.

      (f) Nursing facilities with less than 60 beds converting a portion of
the facility to residential health care shall have the option of licensing for
residential health care for less than six individuals but not less than 10%
of the total bed count within a contiguous portion of the facility.

      (g) The licensing agency may by rule and regulation change the name
of the different classes of homes when necessary to avoid confusion in
terminology and the agency may further amend, substitute, change and
in a manner consistent with the definitions established in this section,
further define and identify the specific acts and services which shall fall
within the respective categories of facilities so long as the above categories
for adult care homes are used as guidelines to define and identify the
specific acts.

      Sec.  8. K.S.A. 39-923, 74-5501, 74-5503, 74-5504 and 74-5506 and
K.S.A. 2001 Supp. 39-1811, 74-5502 and 74-5505 are hereby repealed.

      Sec.  9. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 29, 2002.
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