Session Law

Identifying Information:L. 2002 ch. 149
Other Identifying Information:2002 Senate Bill 541
Tax Type:Other
Brief Description:(Amends Chapter 83)An Act relating to the division of emergency management; concerning the powers and duties thereof; concerning workers compensation; Kansas tort claims act; amending K.S.A. 44-510h, 44-577, 48-915 and 48-928, as amended by section 2 of 2002 Senate Bill No. 629, and K.S.A. 2001 Supp. 44-511, 65-5722 and 75-6102 and repealing the existing sections; also repealing K.S.A. 2001 Supp. 75-6102a.
Keywords:


Body:

CHAPTER 149

SENATE BILL No. 541

(Amends Chapter 83)


An Act relating to the division of emergency management; concerning the powers and

duties thereof; concerning workers compensation; Kansas tort claims act; amending

K.S.A. 44-510h, 44-577, 48-915 and 48-928, as amended by section 2 of 2002 Senate

Bill No. 629, and K.S.A. 2001 Supp. 44-511, 65-5722 and 75-6102 and repealing the


existing sections; 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. 48-915 is hereby amended to read as follows: 48-

915. (a) Neither the state nor any political subdivision of the state, nor

the agents or representatives of the state or any political subdivision

thereof, shall be liable for personal injury or property damage sustained

by any person appointed or acting as a volunteer worker, or member of

any agency, engaged in emergency management activities. The foregoing

shall not affect the right of any person to receive benefits or compensation

to which such person otherwise may be entitled under the workers com-

pensation law or any pension law or any act of congress.

(b) Whenever a proclamation is issued declaring a state of disaster

emergency pursuant to K.S.A. 48-924, and amendments thereto, neither

the state nor any political subdivision of the state nor, except in cases of

willful misconduct, gross negligence or bad faith, the employees, agents,

or representatives of the state or any political subdivision thereof, nor any

volunteer worker, or member of any agency, engaged in any emergency

management activities, complying with or reasonably attempting to com-

ply with this act, or any proclamation, order, rule and regulation prom-

ulgated pursuant to the provisions of this act, or pursuant to any ordinance

relating to blackout or other precautionary measures enacted by any po-

litical subdivision of the state, shall be liable for the death of or injury to

persons, or for damage to property, as a result of any such activity per-

formed during the existence of such state of disaster emergency or other

such state of emergency.

(c) Any member of a regional medical emergency response team cre-

ated under the provisions of K.S.A. 48-928, and amendments thereto, shall

be deemed a state employee under the Kansas tort claims act, K.S.A. 75-

6101, et seq., and amendments thereto.

Sec. 2. K.S.A. 48-928, as amended by section 2 of 2002 Senate Bill

No. 629, is hereby amended to read as follows: 48-928. In addition to

other duties imposed under this act, the division of emergency manage-

ment shall:

(a) Determine the requirements of the state and the counties and

cities thereof for food, clothing and other necessities in event of a disaster;

(b) procure and distribute about the state, such supplies, medicines,

materials and equipment which are deemed necessary for use during a

disaster;

(c) promulgate standards and requirements for local and interjuris-

dictional disaster emergency plans including adequate provisions for the

rendering and receipt of mutual aid;

(d) periodically examine or review and approve local and interjuris-

dictional disaster emergency plans which are in accordance with the stan-

dards and requirements promulgated therefor;

(e) establish and operate training or public information programs re-

lating to emergency management, and assist counties and cities, the dis-

aster agencies of such counties or cities and interjurisdictional disaster

agencies, in the establishment and operation of such programs;

(f) make surveys of industries, resources and facilities within the state,

both public and private, as are necessary to carry out the purposes of this

act;

(g) plan and make arrangements for the availability and use of any

private facilities, services and property for emergency management activ-

ities and, if necessary and if in fact used, provide for payment for such

use under terms and conditions agreed upon;

(h) establish a register of persons with types of training and skills

important in emergency management activities;

(i) establish a register of mobile and construction equipment and

temporary housing available for use in a disaster;

(j) prepare drafts of orders or proclamations for the governor as nec-

essary or appropriate in coping with disasters;

(k) serve, for all those agencies which regulate any matter affecting

the transportation of hazardous materials:

(1) As the coordinating and supervising state agency; and

(2) to provide continuing liaison between such state agencies;

(l) establish an informational system under which state agencies shall

notify the division of emergency management;

(m) cooperate with the federal government and any public or private

agency or entity in achieving any purpose of this act and in implementing

programs for disaster prevention, preparation response and recovery;

(n) under the direction of the adjutant general, develop a regional

emergency management system which includes the use of regional co-

ordinators that provide training and preparation of state, county, city and

interjurisdictional disaster agencies to prevent, respond to, mitigate and

recover from emergency and disaster situations; and

(o) under the direction of the adjutant general, implement the use of

an incident management system during emergency and disaster situations

by all state, county, city and interjurisdictional disaster agencies which

respond to such emergency or disaster situations.;

(p) develop and administer a program to provide financial assistance

to cities, counties or interjurisdictional disaster agencies for the develop-

ment and implementation of a terrorism preparedness program. Such pro-

gram shall provide criteria for receiving such financial assistance and such

other conditions as the division may deem necessary; and

(q) develop, implement and administer, with the assistance and advice

of the commission on emergency planning and response, a plan for re-

gional emergency medical response teams.

Sec. 3. K.S.A. 44-510h is hereby amended to read as follows: 44-

510h. (a) It shall be the duty of the employer to provide the services of

a health care provider, and such medical, surgical and hospital treatment,

including nursing, medicines, medical and surgical supplies, ambulance,

crutches, apparatus and transportation to and from the home of the in-

jured employee to a place outside the community in which such employee

resides, and within such community if the director, in the director's dis-

cretion, so orders, including transportation expenses computed in ac-

cordance with subsection (a) of K.S.A. 44-515 and amendments thereto,

as may be reasonably necessary to cure and relieve the employee from

the effects of the injury.

(b) (1) If the director finds, upon application of an injured employee,

that the services of the health care provider furnished as provided in

subsection (a) and rendered on behalf of the injured employee are not

satisfactory, the director may authorize the appointment of some other

health care provider. In any such case, the employer shall submit the

names of three health care providers who, if possible given the availability

of local health care providers, are not associated in practice together. The

injured employee may select one from the list who shall be the authorized

treating health care provider. If the injured employee is unable to obtain

satisfactory services from any of the health care providers submitted by

the employer under this paragraph, either party or both parties may re-

quest the director to select a treating health care provider.

(2) Without application or approval, an employee may consult a

health care provider of the employee's choice for the purpose of exami-

nation, diagnosis or treatment, but the employer shall only be liable for

the fees and charges of such health care provider up to a total amount of

$500. The amount allowed for such examination, diagnosis or treatment

shall not be used to obtain a functional impairment rating. Any medical

opinion obtained in violation of this prohibition shall not be admissible

in any claim proceedings under the workers compensation act.

(c) An injured employee whose injury or disability has been estab-

lished under the workers compensation act may rely, if done in good faith,

solely or partially on treatment by prayer or spiritual means in accordance

with the tenets of practice of a church or religious denomination without

suffering a loss of benefits subject to the following conditions:

(1) The employer or the employer's insurance carrier agrees thereto

in writing either before or after the injury;

(2) the employee submits to all physical examinations required by the

workers compensation act;

(3) the cost of such treatment shall be paid by the employee unless

the employer or insurance carrier agrees to make such payment;

(4) the injured employee shall be entitled only to benefits that would

reasonably have been expected had such employee undergone medical

or surgical treatment; and

(5) the employer or insurance carrier that made an agreement under

paragraph (1) or (3) of this subsection may withdraw from the agreement

on 10 days' written notice.

(d) In any employment to which the workers compensation act ap-

plies, the employer shall be liable to each employee who is employed as

a duly authorized law enforcement officer, ambulance attendant, mobile

intensive care technician or firefighter, driver of an ambulance as defined

in subsection (b) of K.S.A. 65-6112, and amendments thereto, an ambu-

lance attendant as defined in subsection (d) of K.S.A. 65-6112, and amend-

ments thereto, or a member of a regional emergency medical response

team as provided in K.S.A. 48-928, and amendments thereto, including

any person who is serving on a volunteer basis in such capacity, for all

reasonable and necessary preventive medical care and treatment for hep-

atitis to which such employee is exposed under circumstances arising out

of and in the course of employment.

Sec. 4. K.S.A. 2001 Supp. 44-511 is hereby amended to read as fol-

lows: 44-511. (a) As used in this section:

(1) The term ``money'' shall be construed to mean the gross remu-

neration, on an hourly, output, salary, commission or other basis, at which

the service rendered is recompensed in money by the employer, but it

shall not include any additional compensation, as defined in this section,

any remuneration in any medium other than cash, or any other compen-

sation or benefits received by the employee from the employer or any

other source.

(2) The term ``additional compensation'' shall include and mean only

the following: (A) Gratuities in cash received by the employee from per-

sons other than the employer for services rendered in the course of the

employee's employment; (B) any cash bonuses paid by the employer

within one year prior to the date of the accident, for which the average

weekly value shall be determined by averaging all such bonuses over the

period of time employed prior to the date of the accident, not to exceed

52 weeks; (C) board and lodging when furnished by the employer as part

of the wages, which shall be valued at a maximum of $25 per week for

board and lodging combined, unless the value has been fixed otherwise

by the employer and employee prior to the date of the accident, or unless

a higher weekly value is proved; (D) the average weekly cash value of

remuneration for services in any medium other than cash where such

remuneration is in lieu of money, which shall be valued in terms of the

average weekly cost to the employer of such remuneration for the em-

ployee; and (E) employer-paid life insurance, health and accident insur-

ance and employer contributions to pension and profit sharing plans. In

no case shall additional compensation include any amounts of employer

taxes paid by the employer under the old-age and survivors insurance

system embodied in the federal social security system. Additional com-

pensation shall not include the value of such remuneration until and un-

less such remuneration is discontinued. If such remuneration is discon-

tinued subsequent to a computation of average gross weekly wages under

this section, there shall be a recomputation to include such discontinued

remuneration.

(3) The term ``wage'' shall be construed to mean the total of the

money and any additional compensation which the employee receives for

services rendered for the employer in whose employment the employee

sustains an injury by accident arising out of and in the course of such

employment.

(4) The term ``part-time hourly employee'' shall mean and include

any employee paid on an hourly basis: (A) Who by custom and practice

or under the verbal or written employment contract in force at the time

of the accident is employed to work, agrees to work, or is expected to

work on a regular basis less than 40 hours per week; and (B) who at the

time of the accident is working in any type of trade or employment where

there is no customary number of hours constituting an ordinary day in

the character of the work involved or performed by the employee.

(5) The term ``full-time hourly employee'' shall mean and include

only those employees paid on an hourly basis who are not part-time hourly

employees, as defined in this section, and who are employed in any trade

or employment where the customary number of hours constituting an

ordinary working week is 40 or more hours per week, or those employees

who are employed in any trade or employment where such employees

are considered to be full-time employees by the industrial customs of

such trade or employment, regardless of the number of hours worked

per day or per week.

(b) The employee's average gross weekly wage for the purpose of

computing any compensation benefits provided by the workers compen-

sation act shall be determined as follows:

(1) If at the time of the accident the money rate is fixed by the year,

the average gross weekly wage shall be the yearly rate so fixed divided by

52, plus the average weekly value of any additional compensation and the

value of the employee's average weekly overtime as computed in para-

graph (4) of this subsection.

(2) If at the time of the accident the money rate is fixed by the month,

the average gross weekly wage shall be the monthly rate so fixed multi-

plied by 12 and divided by 52, plus the average weekly value of any

additional compensation and the value of the employee's average weekly

overtime computed as provided in paragraph (4) of this subsection.

(3) If at the time of the accident, the money rate is fixed by the week,

the amount so fixed, plus the average weekly value of any additional com-

pensation and the value of the employee's average weekly overtime as

computed in paragraph (4) of this subsection, shall be the average gross

weekly wage.

(4) If at the time of the accident the employee's money rate was fixed

by the hour, the employee's average gross weekly wage shall be deter-

mined as follows: (A) If the employee was a part-time hourly employee,

as defined in this section, the average gross weekly wage shall be deter-

mined in the same manner as provided in paragraph (5) of this subsection;

(B) if the employee is a full-time hourly employee, as defined in this

section, the average gross weekly wage shall be determined as follows: (i)

A daily money rate shall first be found by multiplying the straight-time

hourly rate applicable at the time of the accident, by the customary num-

ber of working hours constituting an ordinary day in the character of work

involved; (ii) the straight-time weekly rate shall be found by multiplying

the daily money rate by the number of days and half days that the em-

ployee usually and regularly worked, or was expected to work, but 40

hours shall constitute the minimum hours for computing the wage of a

full-time hourly employee, unless the employer's regular and customary

workweek is less than 40 hours, in which case, the number of hours in

such employer's regular and customary workweek shall govern; (iii) the

average weekly overtime of the employee shall be the total amount earned

by the employee in excess of the amount of straight-time money earned

by the employee during the 26 calendar weeks immediately preceding

the date of the accident, or during the actual number of such weeks the

employee was employed if less than 26 weeks, divided by the number of

such weeks; and (iv) the average gross weekly wage of a full-time hourly

employee shall be the total of the straight-time weekly rate, the average

weekly overtime and the weekly average of any additional compensation.

(5) If at the time of the accident the money rate is fixed by the output

of the employee, on a commission or percentage basis, on a flat-rate basis

for performance of a specified job, or on any other basis where the money

rate is not fixed by the week, month, year or hour, and if the employee

has been employed by the employer at least one calendar week imme-

diately preceding the date of the accident, the average gross weekly wage

shall be the gross amount of money earned during the number of calendar

weeks so employed, up to a maximum of 26 calendar weeks immediately

preceding the date of the accident, divided by the number of weeks em-

ployed, or by 26 as the case may be, plus the average weekly value of any

additional compensation and the value of the employee's average weekly

overtime computed as provided in paragraph (4) of this subsection. If the

employee had been in the employment of the employer less than one

calendar week immediately preceding the accident, the average gross

weekly wage shall be determined by the administrative law judge based

upon all of the evidence and circumstances, including the usual wage for

similar services paid by the same employer, or if the employer has no

employees performing similar services, the usual wage paid for similar

services by other employers. The average gross weekly wage so deter-

mined shall not exceed the actual average gross weekly wage the em-

ployee was reasonably expected to earn in the employee's specific em-

ployment, including the average weekly value of any additional

compensation and the value of the employee's average weekly overtime

computed as provided in paragraph (4) of this subsection. In making any

computations under this paragraph (5), workweeks during which the em-

ployee was on vacation, leave of absence, sick leave or was absent the

entire workweek because of illness or injury shall not be considered.

(6) (A) The average gross weekly wage of a person serving on a vol-

unteer basis as a duly authorized law enforcement officer, ambulance

attendants and drivers as provided in subsection (b) of K.S.A. 44-508 and

amendments thereto or, firefighter, under the workers compensation act

or members of regional emergency medical response teams as provided in

K.S.A. 48-928, and amendments thereto, who receives no wages for such

services, or who receives wages which are substantially less than the usual

wages paid for such services by comparable employers to employees who

are not volunteers, shall be computed on the basis of the dollar amount

closest to, but not exceeding, 112.5% of the state average weekly wage.

(B) The average gross weekly wage of any person performing com-

munity service work shall be deemed to be $37.50.

(C) The average gross weekly wage of a volunteer member of the

Kansas department of civil air patrol officially engaged in the performance

of functions specified in K.S.A. 48-3302 and amendments thereto shall

be deemed to be $476.38. Whenever the rates of compensation of the

pay plan for persons in the classified service under the Kansas civil service

act are increased for payroll periods chargeable to fiscal years commenc-

ing after June 30, 1988, the average gross weekly wage which is deemed

to be the average gross weekly wage under the provisions of this subsec-

tion for a volunteer member of the Kansas department of civil air patrol

shall be increased by an amount, adjusted to the nearest dollar, computed

by multiplying the average of the percentage increases in all monthly steps

of such pay plan by the average gross weekly wage deemed to be the

average gross weekly wage of such volunteer member under the provi-

sions of this subsection prior to the effective date of such increase in the

rates of compensation of the pay plan for persons in the classified service

under the Kansas civil service act.

(D) The average weekly wage of any other volunteer under the work-

ers compensation act, who receives no wages for such services, or who

receives wages which are substantially less than the usual wages paid for

such services by comparable employers to employees who are not vol-

unteers, shall be computed on the basis of the usual wages paid by the

employer for such services to employees who are not volunteers, or, if

the employer has no employees performing such services for wages who

are not volunteers, the average gross weekly wage shall be computed on

the basis of the usual wages paid for such services by comparable em-

ployers to employees who are not volunteers. Volunteer employment is

not presumed to be full time employment.

(7) The average gross weekly wage of an employee who sustains an

injury by accident arising out of and in the course of multiple employ-

ment, in which such employee performs the same or a very similar type

of work on a part-time basis for each of two or more employers, shall be

the total average gross weekly wage of such employee paid by all the

employers in such multiple employment. The total average gross weekly

wage of such employee shall be the total amount of the individual average

gross weekly wage determinations under this section for each individual

employment of such multiple employment.

(8) In determining an employee's average gross weekly wage with

respect to the employer against whom claim for compensation is made,

no money or additional compensation paid to or received by the employee

from such employer, or from any source other than from such employer,

shall be included as wages, except as provided in this section. No wages,

other compensation or benefits of any type, except as provided in this

section, shall be considered or included in determining the employee's

average gross weekly wage.

(c) In any case, the average yearly wage shall be found by multiplying

the average gross weekly wage, as determined in subsection (b), by 52.

(d) The state's average weekly wage for any year shall be the average

weekly wage paid to employees in insured work subject to Kansas em-

ployment security law as determined annually by the secretary of human

resources as provided in K.S.A. 44-704 and amendments thereto.

(e) Members of a labor union or other association who perform serv-

ices in behalf of the labor union or other association and who are not paid

as full-time employees of the labor union or other association and who

are injured or suffer occupational disease in the course of the perform-

ance of duties in behalf of the labor union or other association shall re-

cover compensation benefits under the workers compensation act from

the labor union or other association if the labor union or other association

files an election with the director to bring its members who perform such

services under the coverage of the workers compensation act.

The average weekly wage for the purpose of this subsection shall be

based on what the employee would earn in the employee's general oc-

cupation if at the time of the injury the employee had been performing

work in the employee's general occupation. The insurance coverage shall

be furnished by the labor union or other association.

Sec. 5. K.S.A. 44-577 is hereby amended to read as follows: 44-577.

(a) All claims for compensation under the workers compensation act

against any state agency for claims arising on and after July 1, 1974, and

claims for compensation remaining from the self-insurance program

which existed prior to July 1, 1974, for institutional employees of the

division of mental health and retardation services of the department of

social and rehabilitation services shall be made against the state workers

compensation self-insurance fund. Such claims shall be served upon the

secretary of administration in the secretary's capacity as administrator of

the state workers compensation self-insurance fund in the manner pro-

vided for claims against other employers under the workers compensation

act. The chief attorney for the department of administration, or another

attorney of the department of administration designated by the chief at-

torney, shall represent and defend the state workers compensation self-

insurance fund in all proceedings under the workers compensation act.

(b) The secretary of administration shall investigate, or cause to be

investigated, each claim for compensation against the state workers com-

pensation self-insurance fund. For the purposes of such investigations,

the secretary of administration is authorized to obtain expert medical

advice regarding the injuries, occupational diseases and disabilities in-

volved in such claims. If, based upon such investigation and any other

available information, the secretary of administration finds that there is

no material dispute as to any issue involved in the claim, that the claim

is valid and that the claim should be settled by agreement, the secretary

of administration may proceed to enter into such an agreement with the

claimant, for the state workers compensation self-insurance fund. Any

such agreement may provide for lump-sum settlements subject to ap-

proval by the director and all such agreements shall be filed in the office

of the director for approval as provided in K.S.A. 44-527 and amendments

thereto. All other claims for compensation against such fund shall be paid

in accordance with the workers compensation act pursuant to final awards

or orders of an administrative law judge or the board or pursuant to orders

and findings of the director under the workers compensation act.

(c) For purposes of the workers compensation act, a volunteer mem-

ber of a regional emergency medical response team as provided in K.S.A.

48-928, and amendments thereto, shall be considered a person in the

service of the state in connection with authorized training and upon ac-

tivation for emergency response, except when such duties arise in the

course of employment or as a volunteer for an employer other than the

state.

Sec. 6. K.S.A. 2001 Supp. 65-5722 is hereby amended to read as

follows: 65-5722. The commission on emergency planning and response

shall have the following functions, powers and duties:

(a) Carry out all requirements of the federal emergency planning and

community right-to-know act of 1986, 42 U.S.C. 11001-11005, and

amendments thereto, hereinafter called the ``federal act'';

(b) provide assistance and advice in establishing policy for the coor-

dination of state agency activities relating to emergency training, prepar-

edness, planning, and response;

(c) provide assistance and advice in establishing policy and proce-

dures for chemical release reporting and prevention, transportation, man-

ufacture, storage, handling, and use;

(d) facilitate and advise the division of emergency management, the

adjutant general, and others in the preparation and implementation of all

emergency plans prepared by state agencies;

(e) facilitate and advise the division of emergency management, the

adjutant general, and others in the preparation and implementation of

statewide, interjurisdictional, and local emergency plans prepared in ac-

cordance with state and federal law;

(f) designate, and revise as necessary, the boundaries of emergency

planning districts in accordance with the federal act;

(g) approve the local emergency planning committee for each emer-

gency planning district;

(h) review reports about responses to disaster emergencies and make

recommendations to the appropriate parties involved in the response con-

cerning improved prevention, mitigation, and preparedness;

(i) provide assistance and advice to the division of emergency man-

agement and the adjutant general in coordinating, advising, or planning

tasks related to community right-to-know reporting, toxic chemical re-

lease reporting, management of hazardous substances, emergency plan-

ning and preparedness for all types of hazards, and emergency planning

and preparedness for all types of disasters, as defined in K.S.A. 48-925

48-904, and amendments thereto;

(j) recommend procedures to integrate, as appropriate, hazardous

substance response planning under 42 U.S.C. 11001-11005, federal con-

tingency planning under 33 U.S.C. 1321 and other federal laws as appli-

cable to hazardous substance discharges, and state, regional, and local

planning;

(k) provide recommendations and advice to the adjutant general and

the secretary of health and environment regarding the adoption of reg-

ulations as authorized to carry out the purposes of all state hazard pre-

paredness and planning laws and the federal act, 42 U.S.C. 11001-11005;

and

(l) approve the fees established by rules and regulations of the ad-

jutant general to cover all or part of the total operational costs of imple-

menting the provisions of the federal act.; and

(m) provide assistance and advice to the division of emergency man-

agement and the adjutant general in developing and implementing a plan

for regional emergency medical response teams.

Sec. 7. 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. ``Employee'' also in-

cludes any member of a regional medical emergency response team, cre-

ated under the provisions of K.S.A. 48-928, and amendments thereto, in

connection with authorized training or upon activation for an emergency

response.

(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. 8. K.S.A. 44-510h, 44-577, 48-915 and 48-928, as amended by

section 2 of 2002 Senate Bill No. 629, and K.S.A. 2001 Supp. 44-511, 65-

5722, 75-6102 and 75-6102a 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 17, 2002.


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