Session Law

Identifying Information:L. 2001 ch. 197
Other Identifying Information:2001 Senate Substitute for House Bill 2067
Tax Type:Other
Brief Description:An Act concerning providers of care services; relating to employment of persons convicted or adjudicated of certain offenses; concerning adult care home, home health agency, developmental disability and pregnancy maintenance service providers; amending K.S.A. 39-970 and 65-3506 and K.S.A. 2000 Supp. 65-5117 and repealing the existing sections.
Keywords:


Body:

CHAPTER 197

SENATE Substitute for HOUSE BILL No. 2067


An Act concerning providers of care services; relating to employment of persons convicted

or adjudicated of certain offenses; concerning adult care home, home health agency,

developmental disability and pregnancy maintenance service providers; amending K.S.A.

39-970 and 65-3506 and K.S.A. 2000 Supp. 65-5117 and repealing the existing sections.




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

Section 1. K.S.A. 39-970 is hereby amended to read as follows: 39-

970. (a) (1) On and after July 1, 1998, No person shall knowingly operate

an adult care home if, in the adult care home, there works any person

who has been convicted of or has been adjudicated a juvenile offender

because of having committed an act which if done by an adult would

constitute the commission of capital murder, pursuant to K.S.A. 21-3439

and amendments thereto, first degree murder, pursuant to K.S.A. 21-

3401 and amendments thereto, second degree murder, pursuant to sub-

section (a) of K.S.A. 21-3402 and amendments thereto, voluntary man-

slaughter, pursuant to K.S.A. 21-3403 and amendments thereto, assisting

suicide pursuant to K.S.A. 21-3406 and amendments thereto, mistreat-

ment of a dependent adult, pursuant to K.S.A. 21-3437 and amendments

thereto, rape, pursuant to K.S.A. 21-3502 and amendments thereto, in-

decent liberties with a child, pursuant to K.S.A. 21-3503 and amendments

thereto, aggravated indecent liberties with a child, pursuant to K.S.A. 21-

3504 and amendments thereto, aggravated criminal sodomy, pursuant to

K.S.A. 21-3506 and amendments thereto, indecent solicitation of a child,

pursuant to K.S.A. 21-3510 and amendments thereto, aggravated inde-

cent solicitation of a child, pursuant to K.S.A. 21-3511 and amendments

thereto, sexual exploitation of a child, pursuant to K.S.A. 21-3516 and

amendments thereto, sexual battery, pursuant to K.S.A. 21-3517 and

amendments thereto, or aggravated sexual battery, pursuant to K.S.A. 21-

3518 and amendments thereto, an attempt to commit any of the crimes

listed in this subsection (a)(1), pursuant to K.S.A. 21-3301, and amend-

ments thereto, a conspiracy to commit any of the crimes listed in this

subsection (a)(1), pursuant to K.S.A. 21-3302, and amendments thereto,

or criminal solicitation of any of the crimes listed in this subsection (a)(1),

pursuant to K.S.A. 21-3303, and amendments thereto, or similar statutes

of other states or the federal government.

(2) On and after July 1, 1998, A person operating an adult care home

may employ an applicant who has been convicted of any of the following

if five or more years have elapsed since the applicant satisfied the sen-

tence imposed or was discharged from probation, a community correc-

tional services program, parole, postrelease supervision, conditional re-

lease or a suspended sentence; or if five or more years have elapsed since

the applicant has been finally discharged from the custody of the com-

missioner of juvenile justice or from probation or has been adjudicated a

juvenile offender, whichever time is longer: A felony conviction for a

crime which is described in: (A) article 34 of chapter 21 of the Kansas

Statutes Annotated and amendments thereto, except those crimes listed

in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas

Statutes Annotated and amendments thereto, except those crimes listed

in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C) a

conviction of an attempt under K.S.A. 21-3301 and amendments thereto

to commit any act listed in this subsection or subsection (a)(1); or (D) an

attempt to commit any of the crimes listed in this subsection (a)(2) pur-

suant to K.S.A. 21-3301, and amendments thereto; (D) a conspiracy to

commit any of the crimes listed in subsection (a)(2) pursuant to K.S.A.

21-3302, and amendments thereto; (E) criminal solicitation of any of the

crimes listed in subsection (a)(2) pursuant to K.S.A. 21-3303, and amend-

ments thereto; or (F) similar statutes of other states or the federal gov-

ernment.

(b) No person shall operate an adult care home if such person has

been found to be a disabled person in need of a guardian or conservator,

or both.

(c) The secretary of health and environment shall have access to any

criminal history record information in the possession of the Kansas bureau

of investigation regarding felony convictions, convictions under K.S.A. 21-

3437 and 21-3517, and amendments thereto, adjudications of a juvenile

offender which if committed by an adult would have been a felony con-

viction, and adjudications of a juvenile offender for an offense described

in K.S.A. 21-3437 and 21-3517, and amendments thereto, concerning per-

sons working in an adult care home. The secretary shall have access to

these records for the purpose of determining whether or not the adult

care home meets the requirements of this section. The Kansas bureau of

investigation may charge to the department of health and environment a

reasonable fee for providing criminal history record information under

this subsection.

(d) For the purpose of complying with this section, the operator of

an adult care home shall request from the department of health and

environment information obtained by the secretary of health and envi-

ronment regarding only felony convictions, convictions under K.S.A. 21-

3437 and 21-3517, and amendments thereto, adjudications of a juvenile

offender which if committed by an adult would have been a felony con-

viction, and adjudications of a juvenile offender for an offense described

in K.S.A. 21-3437 and 21-3517, and amendments thereto, and which re-

lates to a person who works in the adult care home, or is being considered

for employment by the adult care home, for the purpose of determining

whether such person is subject to the provision of this section. For the

purpose of complying with this section, the operator of an adult care home

shall receive from any employment agency which provides employees to

work in the adult care home written certification that such employees are

not prohibited from working in the adult care home under this section.

For the purpose of complying with this section, information relating to

convictions and adjudications by the federal government or to convictions

and adjudications in states other than Kansas shall not be required until

such time as the secretary of health and environment determines the

search for such information could reasonably be performed and the in-

formation obtained within a two-week period. For the purpose of com-

plying with this section, a person who operates an adult care home may

hire an applicant for employment on a conditional basis pending the re-

sults from the department of health and environment of a request for

information under this subsection. No adult care home, the operator or

employees of an adult care home or an employment agency, or the op-

erator or employees of an employment agency, shall be liable for civil

damages resulting from any decision to employ, to refuse to employ or

to discharge from employment any person based on such adult care

home's compliance with the provisions of this section if such adult care

home or employment agency acts in good faith to comply with this sec-

tion.

(e) The secretary of health and environment shall charge each person

requesting information under this section a fee equal to cost, not to ex-

ceed $10, for each name about which an information request has been

submitted to the department under this section.

(f) (1) The secretary of health and environment shall provide each

operator requesting information under this section with the criminal his-

tory record information concerning felony convictions and convictions

under K.S.A. 21-3437 and 21-3517, and amendments thereto, in writing

and within three working days of receipt of such information from the

Kansas bureau of investigation. The criminal history record information

shall be provided regardless of whether the information discloses that the

subject of the request has been convicted of an offense enumerated in

subsection (a).

(2) When an offense enumerated in subsection (a) exists in the crim-

inal history record information, and when further confirmation regarding

criminal history record information is required from the appropriate

court of jurisdiction or Kansas department of corrections, the secretary

shall notify each operator that requests information under this section in

writing and within three working days of receipt from the Kansas bureau

of investigation that further confirmation is required. The secretary shall

provide to the operator requesting information under this section infor-

mation in writing and within three working days of receipt of such infor-

mation from the appropriate court of jurisdiction or Kansas department

of corrections regarding confirmation regarding the criminal history rec-

ord information.

(3) Whenever the criminal history record information reveals that the

subject of the request has no criminal history on record, the secretary

shall provide notice to each operator requesting information under this

section, in writing and within three working days after receipt of such

information from the Kansas bureau of investigation.

(4) The secretary of health and environment shall not provide each

operator requesting information under this section with the juvenile crim-

inal history record information which relates to a person subject to a

background check as is provided by K.S.A. 38-1618 and amendments

thereto. The secretary shall notify the operator that requested the infor-

mation, in writing and within three working days of receipt of such in-

formation from the Kansas bureau of investigation, whether juvenile crim-

inal history record information received pursuant to this section reveals

that the operator would or would not be prohibited by this section from

employing the subject of the request for information.

(5) An operator who receives criminal history record information un-

der this subsection (f) shall keep such information confidential, except that

the operator may disclose such information to the person who is the sub-

ject of the request for information. A violation of this paragraph (5) shall

be an unclassified misdemeanor punishable by a fine of $100.

(f) (g) No person who works for an adult care home and who is cur-

rently licensed or registered by an agency of this state to provide profes-

sional services in the state and who provides such services as part of the

work which such person performs for the adult care home shall be subject

to the provisions of this section.

(g) (h) A person who volunteers in an adult care home shall not be

subject to the provisions of this section because of such volunteer activity.

(h) (i) No person who has been employed by the same adult care

home for five consecutive years immediately prior to the effective date

of this act shall be subject to the provisions of this section while employed

by such adult care home.

(i) (j) The operator of an adult care home shall not be required under

this section to conduct a background check on an applicant for employ-

ment with the adult care home if the applicant has been the subject of a

background check under this act within one year prior to the application

for employment with the adult care home. The operator of an adult care

home where the applicant was the subject of such background check may

release a copy of such background check to the operator of an adult care

home where the applicant is currently applying.

(j) (k) No person who is in the custody of the secretary of corrections

and who provides services, under direct supervision in nonpatient areas,

on the grounds or other areas designated by the superintendent of the

Kansas soldiers' home or the Kansas veterans' home shall be subject to

the provisions of this section while providing such services.

(k) (l) For purposes of this section, the Kansas bureau of investigation

shall only report felony convictions, convictions under K.S.A. 21-3437 and

21-3517, and amendments thereto, adjudications of a juvenile offender

which if committed by an adult would have been a felony conviction, and

adjudications of a juvenile offender for an offense described in K.S.A. 21-

3437 and 21-3517, and amendments thereto, to the secretary of health

and environment when a background check is requested.

(m) This section shall be part of and supplemental to the adult care

home licensure act.

Sec. 2. K.S.A. 2000 Supp. 65-5117 is hereby amended to read as

follows: 65-5117. (a) (1) On and after July 1, 1998, No person shall

knowingly operate a home health agency if, for the home health agency,

there works any person who has been convicted of or has been adjudi-

cated a juvenile offender because of having committed an act which if

done by an adult would constitute the commission of capital murder,

pursuant to K.S.A. 21-3439 and amendments thereto, first degree mur-

der, pursuant to K.S.A. 21-3401 and amendments thereto, second degree

murder, pursuant to subsection (a) of K.S.A. 21-3402 and amendments

thereto, voluntary manslaughter, pursuant to K.S.A. 21-3403 and amend-

ments thereto, assisting suicide, pursuant to K.S.A. 21-3406 and amend-

ments thereto, mistreatment of a dependent adult, pursuant to K.S.A. 21-

3437 and amendments thereto, rape, pursuant to K.S.A. 21-3502 and

amendments thereto, indecent liberties with a child, pursuant to K.S.A.

21-3503 and amendments thereto, aggravated indecent liberties with a

child, pursuant to K.S.A. 21-3504 and amendments thereto, aggravated

criminal sodomy, pursuant to K.S.A. 21-3506 and amendments thereto,

indecent solicitation of a child, pursuant to K.S.A. 21-3510 and amend-

ments thereto, aggravated indecent solicitation of a child, pursuant to

K.S.A. 21-3511 and amendments thereto, sexual exploitation of a child,

pursuant to K.S.A. 21-3516 and amendments thereto, sexual battery, pur-

suant to K.S.A. 21-3517 and amendments thereto, or aggravated sexual

battery, pursuant to K.S.A. 21-3518 and amendments thereto, an attempt

to commit any of the crimes listed in this subsection (a)(1), pursuant to

K.S.A. 21-3301, and amendments thereto, a conspiracy to commit any of

the crimes listed in this subsection (a)(1), pursuant to K.S.A. 21-3302, and

amendments thereto, or criminal solicitation of any of the crimes listed in

this subsection (a)(1), pursuant to K.S.A. 21-3303, and amendments

thereto, or similar statutes of other states or the federal government.

(2) On and after July 1, 1998, A person operating a home health

agency may employ an applicant who has been convicted of any of the

following if five or more years have elapsed since the applicant satisfied

the sentence imposed or was discharged from probation, a community

correctional services program, parole, postrelease supervision, conditional

release or a suspended sentence; or if five or more years have elapsed

since the applicant has been finally discharged from the custody of the

commissioner of juvenile justice or from probation or has been adjudi-

cated a juvenile offender, whichever time is longer: A felony conviction

for a crime which is described in: (A) article 34 of chapter 21 of the Kansas

Statutes Annotated and amendments thereto, except those crimes listed

in subsection (a)(1); (B) articles 35 or 36 of chapter 21 of the Kansas

Statutes Annotated and amendments thereto, except those crimes listed

in subsection (a)(1) and K.S.A. 21-3605 and amendments thereto; (C) a

conviction of an attempt under K.S.A. 21-3301 and amendments thereto

to commit any act listed in this subsection or subsection (a)(1); or (D) an

attempt to commit any of the crimes listed in this subsection (a)(2) pur-

suant to K.S.A. 21-3301, and amendments thereto; (D) a conspiracy to

commit any of the crimes listed in subsection (a)(2) pursuant to K.S.A.

21-3302, and amendments thereto; (E) criminal solicitation of any of the

crimes listed in subsection (a)(2) pursuant to K.S.A. 21-3303, and amend-

ments thereto; or (F) similar statutes of other states or the federal gov-

ernment.

(b) No person shall operate a home health agency if such person has

been found to be a disabled person in need of a guardian or conservator,

or both.

(c) The secretary of health and environment shall have access to any

criminal history record information in the possession of the Kansas bureau

of investigation regarding felony convictions, convictions under K.S.A. 21-

3437 and 21-3517, and amendments thereto, adjudications of a juvenile

offender which if committed by an adult would have been a felony con-

viction, and adjudications of a juvenile offender for an offense described

in K.S.A. 21-3437 and 21-3517, and amendments thereto, concerning per-

sons working for a home health agency. The secretary shall have access

to these records for the purpose of determining whether or not the home

health agency meets the requirements of this section. The Kansas bureau

of investigation may charge to the department of health and environment

a reasonable fee for providing criminal history record information under

this subsection.

(d) For the purpose of complying with this section, the operator of a

home health agency shall request from the department of health and

environment information obtained by the secretary of health and envi-

ronment regarding only felony convictions, convictions under K.S.A. 21-

3437 and 21-3517, and amendments thereto, adjudications of a juvenile

offender which if committed by an adult would have been a felony con-

viction, and adjudications of a juvenile offender for an offense described

in K.S.A. 21-3437 and 21-3517, and amendments thereto, and which re-

lates to a person who works for the home health agency or is being con-

sidered for employment by the home health agency, for the purpose of

determining whether such person is subject to the provisions of this sec-

tion. For the purpose of complying with this section, information relating

to convictions and adjudications by the federal government or to convic-

tions and adjudications in states other than Kansas shall not be required

until such time as the secretary of health and environment determines

the search for such information could reasonably be performed and the

information obtained within a two-week period. For the purpose of com-

plying with this section, the operator of a home health agency shall receive

from any employment agency which provides employees to work for the

home health agency written certification that such employees are not pro-

hibited from working for the home health agency under this section. For

the purpose of complying with this section, a person who operates a home

health agency may hire an applicant for employment on a conditional

basis pending the results from the department of health and environment

of a request for information under this subsection. No home health

agency, the operator or employees of a home health agency or an em-

ployment agency, or the operator or employees of an employment agency,

which provides employees to work for the home health agency shall be

liable for civil damages resulting from any decision to employ, to refuse

to employ or to discharge from employment any person based on such

home health agency's compliance with the provisions of this section if

such home health agency or employment agency acts in good faith to

comply with this section.

(e) The secretary of health and environment shall charge each person

requesting information under this section a fee equal to cost, not to ex-

ceed $10, for each name about which an information request has been

submitted under this section.

(f) (1) The secretary of health and environment shall provide each

operator requesting information under this section with the criminal his-

tory record information concerning felony convictions and convictions

under K.S.A. 21-3437 and 21-3517, and amendments thereto, in writing

and within three working days of receipt of such information from the

Kansas bureau of investigation. The criminal history record information

shall be provided regardless of whether the information discloses that the

subject of the request has been convicted of an offense enumerated in

subsection (a).

(2) When an offense enumerated in subsection (a) exists in the crim-

inal history record information, and when further confirmation regarding

criminal history record information is required from the appropriate

court of jurisdiction or Kansas department of corrections, the secretary

shall notify each operator that requests information under this section in

writing and within three working days of receipt from the Kansas bureau

of investigation that further confirmation is required. The secretary shall

provide to the operator requesting information under this section infor-

mation in writing and within three working days of receipt of such infor-

mation from the appropriate court of jurisdiction or Kansas department

of corrections regarding confirmation regarding the criminal history rec-

ord information.

(3) Whenever the criminal history record information reveals that the

subject of the request has no criminal history on record, the secretary

shall provide notice to each operator requesting information under this

section, in writing and within three working days after receipt of such

information from the Kansas bureau of investigation.

(4) The secretary of health and environment shall not provide each

operator requesting information under this section with the juvenile crim-

inal history record information which relates to a person subject to a

background check as is provided by K.S.A. 38-1618 and amendments

thereto. The secretary shall notify the operator that requested the infor-

mation, in writing and within three working days of receipt of such in-

formation from the Kansas bureau of investigation, whether juvenile crim-

inal history record information received pursuant to this section reveals

that the operator would or would not be prohibited by this section from

employing the subject of the request for information.

(5) An operator who receives criminal history record information un-

der this subsection (f) shall keep such information confidential, except that

the operator may disclose such information to the person who is the sub-

ject of the request for information. A violation of this paragraph (5) shall

be an unclassified misdemeanor punishable by a fine of $100.

(f) (g) No person who works for a home health agency and who is

currently licensed or registered by an agency of this state to provide pro-

fessional services in this state and who provides such services as part of

the work which such person performs for the home health agency shall

be subject to the provisions of this section.

(g) (h) A person who volunteers to assist a home health agency shall

not be subject to the provisions of this section because of such volunteer

activity.

(h) (i) No person who has been employed by the same home health

agency for five consecutive years immediately prior to the effective date

of this act shall be subject to the requirements of this section while em-

ployed by such home health agency.

(i) (j) The operator of a home health agency shall not be required

under this section to conduct a background check on an applicant for

employment with the home health agency if the applicant has been the

subject of a background check under this act within one year prior to the

application for employment with the home health agency. The operator

of a home health agency where the applicant was the subject of such

background check may release a copy of such background check to the

operator of a home health agency where the applicant is currently apply-

ing.

(k) For purposes of this section, the Kansas bureau of investigation

shall only report felony convictions, convictions under K.S.A. 21-3437 and

21-3517, and amendments thereto, adjudications of a juvenile offender

which if committed by an adult would have been a felony conviction, and

adjudications of a juvenile offender for an offense described in K.S.A. 21-

3437 and 21-3517, and amendments thereto, to the secretary of health

and environment when a background check is requested.

(j) (l) This section shall be part of and supplemental to the provisions

of article 51 of chapter 65 of the Kansas Statutes Annotated and acts

amendatory thereof or supplemental thereto.

Sec. 3. K.S.A. 65-3506 is hereby amended to read as follows: 65-

3506. (a) There is hereby established the board of adult care home ad-

ministrators. The board shall be attached to the department of health and

environment and shall be within the department as a part thereof. All

budgeting, purchasing and related management functions of the board

shall be administered under the direction and supervision of the secretary

of health and environment. The department shall serve as the adminis-

trative and enforcement agency of the board in all respects and shall

perform such services and duties as it may be legally called upon to per-

form. The attorney for the board shall be an assistant attorney general

appointed by the attorney general. The office of the attorney general shall

serve as the enforcement agency for the board. All vouchers for expend-

itures and all payrolls of the board shall be approved by the chairperson

of the board and by the secretary of health and environment.

(b) The board of adult care home administrators shall be composed

of seven members appointed by the secretary of health and environment

governor, three of whom are representatives of professions and institu-

tions concerned with the care and treatment of chronically ill or infirm

elderly patients, two consumer representatives who have no current or

previous involvement in the financial affairs or as a member of the gov-

erning body of any adult care home or any association directly concerned

with the regulation or licensure of adult care homes in the state and two

adult care home administrators who, at the time of their appointment,

are licensed by the state and are actively engaged in the administration

of adult care homes within the state. No more than three members of

the board may be licensed administrators. Members of the board, other

than the licensed administrators, shall have no direct financial interest in

adult care homes. Members of the board shall serve on the board for

terms of two years or until otherwise disqualified from serving on the

board, except two of the members first appointed shall serve on the board

for terms of one year and thereafter, upon the expiration of such one year

terms, successors shall be appointed in the same manner as the original

appointments for terms of two years. The provisions of this act shall not

affect the office of any member of the board of adult care home admin-

istrators appointed prior to the effective date of this act. All members of

the board appointed after the effective date of this act shall be appointed

by the governor.

(c) Members of the board of adult care home administrators shall

meet at such times as may be appropriate but in no case less than once

each four months. The chairperson of the board shall be elected annually

from among the members of the board. All final orders shall be in writing

and shall be signed by the chairperson and approved by the board.

(d) Members of the board who attend meetings of such board, or

attend a subcommittee meeting thereof authorized by such board, shall

be paid compensation, subsistence allowances, mileage and other ex-

penses as provided in K.S.A. 75-3223, and amendments thereto.

New Sec. 4. The department of health and environment shall make

grants in the amount of $300,000 from moneys appropriated for the fiscal

year ending June 30, 2002, in the operating expenditures (including of-

ficial hospitality) account of the state general fund pursuant to contracts

for programs that provide services for women which enable them to carry

their pregnancies to term, which are hereby authorized and directed to

be entered into by the secretary of health and environment with the same

not-for-profit organizations that the secretary entered into contracts with

pursuant to section 30(h) of chapter 160 of the 1999 Session Laws of

Kansas for fiscal year 2000: Provided, That such contracted services may

include an array of social services relating to pregnancy maintenance and

shall provide that no individuals who are unable to pay shall be denied

the delivery or provision of pregnancy maintenance services: Provided

further, That no contract or contracts under pregnancy maintenance pro-

grams shall be entered into with any group performing, promoting, re-

ferring for or educating in favor of abortion: And provided further, That

a not-for-profit organization awarded a contract under this proviso shall

match state moneys under this contract on the basis of a 50% match from

a not-for-profit organization and a 50% match from the department of

health and environment: And provided further, That the secretary of

health and environment shall submit a report to the legislature at the

beginning of the regular session of the legislature in 2002 on the results

and outcomes of such pregnancy maintenance programs: And provided

further, That no part of the grant moneys shall be used for any political

purposes.

New Sec. 5. (a) In carrying out the provisions of subsection (b)(2) of

K.S.A. 39-1804, and amendments thereto, the secretary shall ensure an-

nually 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. 6. K.S.A. 39-970 and 65-3506 and K.S.A. 2000 Supp. 65-5117

are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 22, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001