Session Law

Identifying Information:L. 2002 ch. 046
Other Identifying Information:2002 Senate Bill 491
Tax Type:All
Brief Description:An Act concerning the Kansas tort claims act; relating to definitions; amending K.S.A. 2001 Supp. 75-6102 and repealing the existing section; also repealing K.S.A. 2001 Supp. 75-6102a.
Keywords:


Body:

CHAPTER 46

SENATE BILL No. 491


An Act concerning the Kansas tort claims act; relating to definitions; amending K.S.A.

2001 Supp. 75-6102 and repealing the existing section; also repealing K.S.A. 2001 Supp.


75-6102a.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 75-6102 is hereby amended to read as

follows: 75-6102. As used in K.S.A. 75-6101 through 75-6118, and amend-

ments thereto, unless the context clearly requires otherwise:

(a) ``State'' means the state of Kansas and any department or branch

of state government, or any agency, authority, institution or other instru-

mentality thereof.

(b) ``Municipality'' means any county, township, city, school district

or other political or taxing subdivision of the state, or any agency, au-

thority, institution or other instrumentality thereof.

(c) ``Governmental entity'' means state or municipality.

(d) ``Employee'' means any officer, employee, servant or member of

a board, commission, committee, division, department, branch or council

of a governmental entity, including elected or appointed officials and

persons acting on behalf or in service of a governmental entity in any

official capacity, whether with or without compensation and a charitable

health care provider. Employee includes any steward or racing judge ap-

pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless

of whether the services of such steward or racing judge are rendered

pursuant to contract as an independent contractor, but does not otherwise

include any independent contractor under contract with a governmental

entity except (1) employees of the United States marshal's service en-

gaged in the transportation of inmates on behalf of the secretary of cor-

rections, (2) a person who is an employee of a nonprofit independent

contractor, other than a municipality, under contract to provide educa-

tional or vocational training to inmates in the custody of the secretary of

corrections and who is engaged in providing such service in an institution

under the control of the secretary of corrections provided that such em-

ployee does not otherwise have coverage for such acts and omissions

within the scope of their employment through a liability insurance con-

tract of such independent contractor; and (3) a person who is an employee

or volunteer of a nonprofit program, other than a municipality, who has

contracted with the commissioner of juvenile justice or with another non-

profit program that has contracted with the commissioner of juvenile

justice to provide a juvenile justice program for juvenile offenders in a

judicial district provided that such employee or volunteer does not oth-

erwise have coverage for such acts and omissions within the scope of their

employment or volunteer activities through a liability insurance contract

of such nonprofit program. ``Employee'' also includes an employee of an

indigent health care clinic. ``Employee'' also includes former employees

for acts and omissions within the scope of their employment during their

former employment with the governmental entity.

(e) ``Community service work'' means public or community service

performed by a person (1) as a result of a contract of diversion entered

into by such person as authorized by law, (2) pursuant to the assignment

of such person by a court to a community corrections program, (3) as a

result of suspension of sentence or as a condition of probation pursuant

to court order, (4) in lieu of a fine imposed by court order or (5) as a

condition of placement ordered by a court pursuant to K.S.A. 38-1663,

and amendments thereto.

(f) ``Charitable health care provider'' means a person licensed by the

state board of healing arts as an exempt licensee or a federally active

licensee, a person issued a limited permit by the state board of healing

arts, a physician's physician assistant registered licensed by the state board

of healing arts or a health care provider as the term ``health care provider''

is defined under K.S.A. 65-4921, and amendments thereto, who has en-

tered into an agreement with:

(1) The secretary of health and environment under K.S.A. 75-6120,

and amendments thereto, who, pursuant to such agreement, gratuitously

renders professional services to a person who has provided information

which would reasonably lead the health care provider to make the good

faith assumption that such person meets the definition of medically in-

digent person as defined by this section or to a person receiving medical

assistance from the programs operated by the department of social and

rehabilitation services, and who is considered an employee of the state of

Kansas under K.S.A. 75-6120, and amendments thereto;

(2) the secretary of health and environment and who, pursuant to

such agreement, gratuitously renders professional services in conducting

children's immunization programs administered by the secretary; or

(3) a local health department or indigent health care clinic, which

renders professional services to medically indigent persons or persons

receiving medical assistance from the programs operated by the depart-

ment of social and rehabilitation services gratuitously or for a fee paid by

the local health department or indigent health care clinic to such provider

and who is considered an employee of the state of Kansas under K.S.A.

75-6120 and amendments thereto. Professional services rendered by a

provider under this paragraph (3) shall be considered gratuitous notwith-

standing fees based on income eligibility guidelines charged by a local

health department or indigent health care clinic and notwithstanding any

fee paid by the local health department or indigent health care clinic to

a provider in accordance with this paragraph (3).

(g) ``Medically indigent person'' means a person who lacks resources

to pay for medically necessary health care services and who meets the

eligibility criteria for qualification as a medically indigent person estab-

lished by the secretary of health and environment under K.S.A. 75-6120,

and amendments thereto.

(h) ``Indigent health care clinic'' means an outpatient medical care

clinic operated on a not-for-profit basis which has a contractual agreement

in effect with the secretary of health and environment to provide health

care services to medically indigent persons.

(i) ``Local health department'' shall have the meaning ascribed to such

term under K.S.A. 65-241 and amendments thereto.

Sec. 2. K.S.A. 2001 Supp. 75-6102 and 75-6102a are hereby re-

pealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 9, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002