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Minutes for HB2676 - Committee on Federal and State Affairs
Short Title
Failure of community service providers to comply with developmental disability reform act.
Minutes Content for Thu, Mar 1, 2018
Chairperson Barker opened the hearing on HB2676. Jason Long, Revisor, provided an overview of the bill (Attachment 1). Questions were asked by Representatives Jacobs, Lusk, and Houser.
Chairperson Barker recognized Kahlea Porter as a proponent of HB2676 (Attachment 2). HB2676 will provide enhanced protection for individuals and communities through an improved and uniform enforcement process that includes intermediate steps. This legislation will help the Kansas Department for Aging and Disability Services (KDADS) maintain a clear and uniform working relationship with the community and community service providers, as well as ensure the safety and quality of care for Kansans. Questions were asked by Representatives Smith, Lusk, Houser, Carpenter, Weber, Horn, and Whitmer. In response to a question, Ms. Porter stated that the Secretary of KDADS has authority over all fines. When a situation arises where a provider is out of compliance of the statute or regulations, there is a step process in place to get them back into compliance before any fine would be imposed. The regulations have not changed. The fees collected go into the state general fund. The fines imposed are usually a one-time fine as opposed to daily fines. Representative Clayton asked how many agencies have been fined or placed on a watch over the last year as opposed to prior years, and Ms. Porter said she would provide those numbers to the Committee. There are no refunds of licensure fees. There is an appeal process from the Secretary to the Office of Administrative Hearings for an initial appeal and beyond that to the district court on up the line.
Representative Highland requested that the checklist used by the inspectors be provided to the Committee.
Chairperson Barker noted there were no further proponents and no opponents to HB2676.
Chairperson Barker recognized Tim Graham, Associate Director of InterHab, as a neutral on HB2676 (Attachment 3). The members of InterHab totally support accountability for community service providers caring for people with intellectual disabilities, but they want some due process to be followed in the enforcement process. They are asking the Legislature to compel KDADS to allow them to provide their input into the development of this bill as well as making any changes to the regulations. Questions were asked by Representatives Smith, Humphries, Ruiz, Rooker, Lusk, and Rafie.
Chairperson Barker stated that if this bill gets worked, it will probably be worked the week of March 12th.
Chairperson Barker closed the hearing on HB2676.
