CHAPTER 65
HOUSE BILL No. 2764
An Act concerning the Kansas senior care act; relating to
allocations for area agencies on
aging; amending K.S.A. 75-5929, 75-5930, 75-5931, 75-5932 and
75-5933 and K.S.A.
2001 Supp. 75-5928 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
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
func-
tional 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 the Kansas senior
care 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 plan-
ning and service areas. The secretary shall
designate allocate funds to an
area agency on aging to receive funds only after
the area agency on aging
has submitted an acceptable program plan
executed a contract with the
secretary under the Kansas senior care act. The
program plan must be
renewed annually by the area agency on aging older
Americans act ad-
visory council and representatives of senior organizations,
home health
agencies, health departments and the department of social
and rehabili-
tation services.
(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 the
Kansas senior care 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 sec-
retary 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. 2. K.S.A. 75-5929 is hereby
amended to read as follows: 75-
5929. (a) On and after July 1, 1993, all funds granted to
an area agency
on aging under this act shall be matched with funds or
in-kind resources
from other than the federal or state government on the
basis of not less
than $1 of matching funds or in-kind resources for every $2
of state funds.
Client fees may be used to meet this requirement. Funds
shall only be
granted to area agencies on aging based on plans approved
by the sec-
retary. Funds appropriated for allocation under
the Kansas senior care
act shall be allocated to the area agencies on aging as
follows:
(1) A portion of the funds shall be
allocated to the area agencies on
aging based on a funding formula established by the
secretary;
(2) a portion of the funds, as
determined by the secretary, shall be
allocated to area agencies on aging that continue to receive
matching
funds directly as required by subsection (c) in accordance with
the ratio
for match established for this purpose by the secretary in rules
and reg-
ulations adopted by the secretary; and
(3) a portion of the funds, as
determined by the secretary, may be
allocated to area agencies on aging that receive amounts of
matching ad
valorem property tax levy funds directly from local units of
government,
or the single entity responsible for ad valorem property tax
levies for
services for the aging, as designated by the local units of
government, in
excess of the amounts required by subsection (c), and any such
allocation
shall be in accordance with the ratio for match established for
this purpose
by the secretary in rules and regulations adopted by the
secretary.
(b) Funds for purchase of service
provided under this the Kansas
senior care act shall be spent
expended only when other sources of support
for service provision are not available. The funds shall not
replace med-
icaid, older Americans act, community services block grant,
medicare and
other state or federal funding sources that may be used to pay for
needed
services.
(c) On and after the effective date of
this act, each local unit of gov-
ernment that provided matching funds directly to an area agency
on aging
for the fiscal year ending June 30, 2001, shall continue to
provide match-
ing funds to the area agency on aging at the funding level
provided di-
rectly to the area agency on aging for match for the fiscal year
ending
June 30, 2001.
Sec. 3. K.S.A. 75-5930 is hereby
amended to read as follows: 75-
5930. A screening and assessment mechanism shall be established by
the
secretary to be used for establishing every
client's customer's need for
services.
Sec. 4. 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 maximum amount of funds
spent to be expended for each
client customer;
(c) reports to be made to the secretary
by the area agencies on aging;
and
(d) the level of local match
required to participate in the program
during fiscal year 1990;
(e) the selection of clients who
are most in need of the program's
benefits; and
(f) (d) such
other matters as the secretary deems necessary for the
administration of this the Kansas senior
care act.
Sec. 5. K.S.A. 75-5932 is hereby
amended to read as follows: 75-
5932. Plans shall not be found acceptable unless they
contain The sec-
retary shall not execute a contract with an area agency on aging
unless
the contract contains:
(a) Evidence of support by a
broadly representative committee of
representatives of the planning and service area to be
served the area on
aging governing board or the area on aging advisory
council;
(b) identification of service providers
to be reimbursed for services;
(c) evidence that no in-home services
will be directly provided by an
area agency on aging; and
(d) a means acceptable for
selecting clients prioritizing
customers
who are most in need of the program's benefits.
Sec. 6. K.S.A. 75-5933 is hereby
amended to read as follows: 75-
5933. (a) The secretary shall develop,
wherever practicable, a sliding fee
scales based on people's ability to pay for in-home
services provided pur-
suant to this scale which shall be published
annually in the Kansas reg-
ister. Each customer's fee shall be based on the customer's
income and
assets. All customer fees and donations shall reduce the cost of
services
paid by the department on aging under the Kansas senior care
act.
(b) The secretary may approve use
of funds for any of three purposes:
(1) To purchase
services;
(2) to defray start-up expenses
of providers of needed and insuffi-
ciently provided services;
(3) to administer the
program.
(c) Area agencies on aging may
purchase services through purchase
of service contracts, preferably with existing local
service providers.
Sec. 7. K.S.A. 75-5929, 75-5930,
75-5931, 75-5932 and 75-5933 and
K.S.A. 2001 Supp. 75-5928 are hereby repealed.
Sec. 8. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 15, 2002.
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