Session Law

Identifying Information:L. 2002 ch. 197
Other Identifying Information:2002 House Bill 2575
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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