reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.

39-708a.
Payment of claims to medical vendors not filed within fiscal year; limitation.
(a) Except as otherwise provided in subsection (b), the director of accounts and reports shall accept for payment from an agent or intermediary authorized to make medical payment reviews and to determine the amount due to medical vendors for the care of needy persons, in accordance with agreements entered into by the secretary under the provisions of subsections (s) and (x) of K.S.A. 39-708c, and amendments thereto, notwithstanding the fact that such claims were not submitted or processed for payment within the fiscal year in which the service was rendered.
(b) No claim filed more than 12 months after the time the service was rendered shall be allowed or paid except that payment to medical vendors may be made on claims submitted more than 12 months after the service was rendered: (1) If the services were provided to a child who at the time of service was in the custody of the secretary, or a child for whom the agency has entered into an adoptive support agreement if the medical vendor did not have actual knowledge of that fact prior to the expiration of the 12-month period; (2) if the claim was submitted to medicare within 12 months of the date of service, paid or denied for payment by medicare, and subsequently submitted for payment to the state medical assistance program within 30 days of the medicare payment or denial date; (3) if the claim is determined payable by reason of administrative appeals, court action or agency error; (4) if the claim is for emergency services rendered by providers located outside the state who are not already enrolled as state medical assistance program providers; or (5) if the claim arises out of circumstances described under items (1), (2), (3) or (4) and is determined not to be payable under any such item, but the secretary determines that such claim is the result of extraordinary circumstances.
History:
L. 1969, ch. 228, § 1; L. 1973, ch. 186, § 4; L. 1989, ch. 123, § 1; L. 1994, ch. 55, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-708d Same; lease of office or business space.

39-708d. Same; lease of office or business space.
Notwithstanding any of the provisions contained in subsection (d) of K.S.A. 39-708c, and amendments thereto, the secretary for children and families may lease office or business space for a period exceeding 10 years if the proposed lease has been presented to the joint committee on state building construction for advice and consultation.
History:
L. 1998, ch. 127, § 6; L. 2014, ch. 115, § 78; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-709b Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics.

39-709b. Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics.
(a) Information concerning applicants for and recipients of assistance from the secretary shall be confidential and privileged and shall only be available to the secretary and the officers and employees of the secretary except as set forth in this section. Unless otherwise prohibited by law, such information shall be disclosed to an applicant, recipient or outside source under the following conditions:
(1) Information shall be disclosed to the post auditor in accordance with and subject to the provisions of K.S.A. 46-1106(e), and amendments thereto;
(2) information shall be disclosed to an applicant or recipient in accordance with and subject to rules and regulations adopted by the secretary; and
(3) information may be disclosed to an outside source if such disclosure:
(A) Has been consented to in writing by the applicant or recipient and the applicant or recipient has been granted access by the secretary to the information to be disclosed, except that in an emergency information may be disclosed without a written consent if such disclosure is deemed by the secretary to be in the best interests of the applicant or recipient;
(B) is directly connected to the administration of the secretary's program;
(C) is directly connected to an investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the secretary's program;
(D) is authorized by a state plan developed by the secretary pursuant to the federal social security act or any other federal program providing federal financial assistance and services in the field of social welfare; or
(E) concerns the intent of an applicant or recipient to commit a crime and in this case such information and the information necessary to prevent the crime shall be disclosed to the appropriate authorities.
(b) Nothing in this section shall be construed to prohibit the publication of aggregate non-identifying statistics that are so classified as to prevent the identification of specific applicants or recipients.
History:
L. 1978, ch. 159, § 4; L. 1985, ch. 153, § 1; L. 2015, ch. 42, § 10; L. 2018, ch. 89, § 20; July 1, 2019.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-709c Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.

39-709c. Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.
On or before the first day of each regular session of the legislature, the secretary shall prepare and submit to the president of the senate and the speaker of the house of representatives a report of the total amount of moneys expended by the department for medical assistance, the amount of moneys recovered pursuant to K.S.A. 39-709, and amendments thereto, and any recommendations for legislation necessary to insure that the factors or methods used to determine eligibility for medical assistance more accurately represent the resources of an applicant for, or recipient of, medical assistance.
History:
L. 2004, ch. 146, § 2; L. 2015, ch. 42, § 11; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-709e Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.

39-709e. Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.
(a) Except as provided in K.S.A. 39-709, and amendments thereto, under the authority of subsection (d)(1)(A) of 21 U.S.C. § 862a, the state of Kansas hereby exercises its option out of subsection (a) of 21 U.S.C. § 862a, which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction and which has as an element of such offense the possession, use or distribution of a controlled substance as defined by subsection (6) of 21 U.S.C. § 802, only if, after such conviction, such individual has:
(1) Been assessed by a licensed substance abuse treatment provider as not requiring substance abuse treatment; or
(2) been assessed by a licensed substance abuse treatment provider and such provider recommended substance abuse treatment and such individual:
(A) Is participating in a licensed substance abuse treatment program; or
(B) has successfully completed a licensed substance abuse treatment program.
(b) An individual shall be disqualified for any state or federal assistance permitted by this section if confirmation of illegal drug use is found as a result of testing that occurs while the individual is on probation, parole, conditional release or postrelease supervision or during required substance abuse treatment. Thereafter, such disqualified individual may reapply for assistance after 30 days.
History:
L. 2006, ch. 162, § 1; L. 2013, ch. 80, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-709f Medical assistance program and managed care organizations; contract; prompt payment.

39-709f. Medical assistance program and managed care organizations; contract; prompt payment.
(a) Any contract between the Kansas medical assistance program and any managed care organization serving the state of Kansas shall require the processing and full payment of the allowed amount or processing and denial by the managed care organization of all clean claims within 30 days after receipt of the clean claim, and the processing and full payment of the allowed amount or processing and denial by the managed care organization of all claims within 90 days after receipt of the claim. The contract shall also include a late payment provision that requires the managed care organization to pay interest to the provider at the rate of 12% per annum for each month that the managed care organization has neither processed and fully paid the allowed amount nor processed and denied a submitted claim or clean claim after the time limits set forth in this section. The Kansas medical assistance program shall also require managed care organizations to include a provision outlining the provider's rights under this section in the managed care organization's contracts with providers. A provider that has a claim that remains unpaid by a managed care organization after the time limits set forth in this section may bring a direct cause of action against the managed care organization for the interest provided for in this section in addition to the amount of the unpaid claim.
(b) For the purposes of this section, the terms "claim" and "clean claim" shall be assigned the same meanings as provided by 42 C.F.R. § 447.45(b).
(c) The secretary of health and environment shall adopt rules and regulations to carry out the provisions of this section, and amendments thereto.
History:
L. 2014, ch. 80, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-709j Medical assistance program; coverage for speech-language pathology and audiology services.

39-709j. Medical assistance program; coverage for speech-language pathology and audiology services.
(a) On and after January 1, 2019, the department of health and environment and any managed care organization providing state medicaid services under the Kansas medical assistance program shall provide coverage for speech-language pathology services and audiology services provided by a speech-language pathologist or audiologist licensed by the Kansas department for aging and disability services by means of telehealth, as defined in K.S.A. 40-2,211, and amendments thereto, if such services would be covered by the Kansas medical assistance program when delivered via in-person contact.
(b) The department of health and environment shall implement and administer this section consistent with applicable federal laws and regulations and shall submit to the United States centers for medicare and medicaid services any state medicaid plan amendment, waiver request or other approval request necessary to implement this section.
(c) The department of health and environment shall adopt rules and regulations as may be necessary to implement and administer this section. Such rules and regulations shall be adopted on or before December 31, 2018.
(d) On or before January 13, 2020, the department of health and environment shall prepare an impact report that assesses the social and financial effects of the coverage mandated by this section, including the impacts listed in K.S.A. 40-2249(a) and (b), and amendments thereto, and shall submit such report to the legislature and the house of representatives standing committee on health and human services, the house of representatives standing committee on insurance, the senate standing committee on public health and welfare and the senate standing committee on financial institutions and insurance.
History:
L. 2018, ch. 98, § 8; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-710 Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.

39-710.
Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.
There is hereby created in the office of the state treasurer a fund to be known and designated as the social welfare fund. All moneys received by the secretary as grants, gifts, bequests or state aid for the purpose of state welfare work, shall be deposited by the secretary in the social welfare fund. All disbursements made from the social welfare fund shall be made by the filing of vouchers in the office of the director of accounts and reports, signed and approved by the secretary, and upon the filing of the same, the director of accounts and reports is hereby authorized and directed to draw his or her warrants upon the state treasurer for same, all of such warrants to be delivered by the director of accounts and reports to the secretary. All balances accruing from unpaid cancelled warrants issued pursuant to this section, notwithstanding the provisions of K.S.A. 10-812 to the contrary, shall be credited to the social welfare fund.
The secretary is hereby authorized and empowered to receive from the federal government, or any of its agencies, any funds made available under existing laws, rules or regulations or that may hereafter be made available for social welfare purposes including administrative expenses and may expend the same in the social welfare program of the state of Kansas in accordance with the rules, regulations and requirements under which such funds are made available to such secretary. The state share of social welfare expenditures shall be appropriated from the state general fund and the social welfare fund.
History: L. 1937, ch. 327, § 9; L. 1939, ch. 200, § 3; L. 1947, ch. 267, § 1; L. 1949, ch. 276, § 1; L. 1967, ch. 245, § 5; L. 1969, ch. 226, § 4; L. 1972, ch. 169, § 1; L. 1973, ch. 186, § 7; L. 1979, ch. 130, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-711a Meal services for the aging; use of school lunch facilities under agreement with local board of education.

39-711a. Meal services for the aging; use of school lunch facilities under agreement with local board of education.
The board of education of any school district may enter into an agreement with any private nonprofit organization or any public board, council or agency, which is authorized to provide meals for the aged by the secretary for aging and disability services acting as an agent of the federal government in establishing and administering food service programs for the aged under any federal law, which agreement may provide for use of school lunch facilities to be used for preparation and service of meals for the aged. Such meals may be served on or off of school premises and school district employees may participate in providing such services to the extent authorized by such an agreement. Nothing in this act shall be deemed to authorize diversion of any federal funds from the purpose for which the same are provided, nor to authorize the keeping of accounts of federal moneys in a manner contrary to any act of congress or rules or directives promulgated pursuant thereto.
History:
L. 1974, ch. 287, § 1; L. 2014, ch. 115, § 79; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-713c Homes for children.

39-713c. Homes for children.
The secretary shall find suitable homes for children who are children in need of care, as defined in K.S.A. 38-2202, and amendments thereto, referred to the secretary by the district court, and place and supervise the children in such homes. This shall not prevent the use of licensed private child-placing agencies by the secretary or district court when desired.
History:
L. 1973, ch. 186, § 9; L. 1976, ch. 145, § 191; L. 1982, ch. 182, § 133; L. 1996, ch. 229, § 105; L. 2018, ch. 107, § 16; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-713d Funeral and cemetery expenses; limitations.

39-713d.
Funeral and cemetery expenses; limitations.
(a) The secretary, on the death of a recipient of assistance, if the estate of the deceased or other available resources are insufficient to pay the decedent's funeral and burial expenses, may pay funeral and cemetery expenses in amounts which shall not be more than the maximum amounts fixed for such purposes by rules and regulations adopted by the secretary.
(b) Whenever a cemetery lot has been purchased or acquired for a recipient of assistance, either before or after death, and such cemetery lot was not purchased or acquired with public funds, the cost of such cemetery lot shall not be deducted from the funeral expenses authorized by this section.
History:
L. 1973, ch. 186, § 10; L. 1983, ch. 144, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-717 Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.

39-717. Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.
(a) Assistance granted under the provisions of this act shall not:
(1) Be sold or otherwise disposed of to others by the client or by anyone else except under the rules and regulations of the secretary for children and families or the secretary of health and environment; or
(2) knowingly be purchased, acquired or possessed by anyone unless the purchase, acquisition or possession is authorized by the rules and regulations of the secretary for children and families, the Kansas department of health and environment or the laws under which the assistance was granted.
(b) (1) Any person convicted of violating the provisions of this section shall be guilty of a class A nonperson misdemeanor if the value of the assistance sold or otherwise disposed of, purchased, acquired or possessed was less than $1,000.
(2) Any person convicted of violating the provisions of this section shall be guilty of a severity level 9, nonperson felony if the value of the assistance sold or otherwise disposed of, purchased, acquired or possessed was at least $1,000 but less than $25,000.
(3) Any person convicted of violating the provisions of this section shall be guilty of a severity level 7, nonperson felony if the value of the assistance sold or otherwise disposed of, purchased, acquired or possessed was $25,000 or more.
(c) None of the money paid, payable, or to be paid, or any tangible assistance received under this act shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
History:
L. 1937, ch. 327, § 15; L. 1980, ch. 126, § 1; L. 1983, ch. 145, § 1; L. 1993, ch. 291, § 225; L. 1994, ch. 291, § 72; L. 2006, ch. 194, § 27; L. 2014, ch. 115, § 80; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-718b Liability of parent or guardian for assistance provided child, exceptions.

39-718b. Liability of parent or guardian for assistance provided child, exceptions.
(a) Except as provided in subsection (b), a child's parent, parents or guardian shall be liable to repay to the secretary for children and families any assistance expended on the child's behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the secretary shall be joint and several. The secretary shall have the power and authority to file a civil action in the name of the secretary for repayment of the assistance, regardless of the existence of any other action involving the support of the child.
(b) With respect to an individual parent or guardian, the provisions of subsection (a) shall not apply to:
(1) Assistance provided on behalf of any person other than the child of the parent or guardian;
(2) assistance provided during a month in which the needs of the parent or guardian were included in the assistance provided to the child; or
(3) assistance provided during a month in which the parent or guardian has fully complied with the terms of an order of support for the child, if a court of competent jurisdiction has considered the issue of support. For the purposes of this subsection, if an order is silent on the issue of support, it shall not be presumed that the court has considered the issue of support. Amounts paid for a particular month pursuant to a judgment under this act shall be credited against the amount accruing for the same month under any other order of support for the child, up to the amount of the current support obligation for that month.
(c) When the assistance provided during a month is on behalf of more than one person, the amount of assistance provided on behalf of one person for that month shall be determined by dividing the total assistance by the number of people on whose behalf assistance was provided.
(d) Except as provided in subsection (b), a child's parent, parents or guardian shall be liable to repay to an agency or subdivision of another state any assistance substantially similar to that defined in subsection (d) of K.S.A. 39-702, and amendments thereto, which has been expended in the other state on the child's behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the agency or subdivision shall be joint and several.
(e) Actions authorized herein are in addition to and not in substitution for any other remedies.
History:
L. 1988, ch. 218, § 5; L. 2014, ch. 115, § 81; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-719a Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.

39-719a.
Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.
(a) Where medical assistance has been paid by the secretary and a third party has a legal obligation to pay such medical expenses to or on behalf of the recipient, the secretary may recover the same from the recipient or from the third party and shall be in all respects subrogated to the rights of the recipient in such cases except as provided under K.S.A. 39-786 and 39-787, and amendments thereto, or under section 303 and amendments thereto of the federal medicare catastrophic coverage act of 1988, whichever is applicable. Payment of medical assistance by the secretary shall be secondary to any other insurance coverage or third party with a legal obligation to pay such medical expenses to or on behalf of the recipient.
(b) Pursuant to this section unless otherwise agreed, the court shall fix attorney fees, which shall be paid proportionately by the secretary and the injured person, such person's dependents or personal representatives, in the amounts determined by the court. Attorney fees to be paid by the secretary shall be fixed by the court in an amount not to exceed 1/3 of the medical assistance recovered pursuant to subsection (a) for cases settled prior to trial, or in an amount not to exceed 2/5 of the medical assistance recovered pursuant to subsection (a) in cases when a trial is convened.
(c) In the event of a recovery pursuant to K.S.A. 60-258a, and amendments thereto, the secretary's right of subrogation shall be reduced by the percentage of negligence attributable to the injured person.
History:
L. 1953, ch. 224, § 1; L. 1967, ch. 245, § 7; L. 1969, ch. 226, § 6; L. 1970, ch. 168, § 1; L. 1973, ch. 186, § 12; L. 1988, ch. 143, § 9; L. 1989, ch. 124, § 3; L. 1991, ch. 119, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-719b Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient.

39-719b. Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient.
(a) If at any time during the continuance of assistance to any person, the recipient thereof becomes possessed of any property or income in excess of the amount ascertained at the time of granting assistance, or if any of the recipient's circumstances which affect eligibility to receive assistance change from the time of determination of eligibility, it shall be the duty of the recipient to notify the secretary immediately of the receipt or possession of such property, income, or of such change in circumstances affecting eligibility and the secretary may, after investigation, cancel or modify the assistance payment in accordance with the circumstances.
(b) Any assistance paid shall be recoverable by the secretary as a debt due to the state. If during the life or on the death of any person receiving assistance, it is found that the recipient was possessed of income or property in excess of the amount reported or ascertained at the time of granting assistance, and if it be shown that such assistance was obtained by an ineligible recipient, the total amount of the assistance may be recovered by the secretary as a fourth class claim from the estate of the recipient or in an action brought against the recipient while living.
(c) The total amount of any assistance that is sold, transferred or otherwise disposed of to others by a recipient or any other person, or the total amount of any assistance that is knowingly purchased, acquired or possessed by any person, except as authorized in state and federal law, rules and regulations and agency policy of the department for children and families or the department of health and environment is a debt due to the state and the total amount of such assistance that was improperly sold, transferred, disposed, purchased, acquired or possessed shall be recoverable by the secretary for children and families or the secretary of health and environment. Such debt may be recovered during the life or upon the death of any recipient or person who sold, transferred, disposed, purchased, acquired or possessed such assistance and may be recovered as a fourth class claim from the estate of the person or in an action brought against the recipient or person while living.
History:
L. 1953, ch. 224, § 2; L. 1973, ch. 186, § 13; L. 1977, ch. 151, § 1; L. 2016, ch. 94, § 3; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-719c Proof deemed prima facie evidence assistance unlawfully received.

39-719c.
Proof deemed prima facie evidence assistance unlawfully received.
In any action or proceeding for the recovery of assistance paid to an alleged ineligible recipient of assistance, proof that the recipient of assistance possesses or did possess property or income which does or would have rendered him ineligible to receive such assistance shall be deemed prima facie evidence that such assistance was unlawfully received.
History:
L. 1953, ch. 224, § 3; June 30.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-720 Penalty relating to fraudulent acts; civil actions, evidence.

39-720. Penalty relating to fraudulent acts; civil actions, evidence.
Any person who obtains or attempts to obtain, or aids or abets any other person to obtain, by means of a willfully false statement or representation, or by impersonation, collusion, or other fraudulent device, assistance to which the applicant or client is not entitled, shall be guilty of the crime of theft, as defined in section K.S.A. 21-5801, and amendments thereto. Such person shall be required to remit to the secretary the amount of any assistance given such person under such fraudulent act. In any civil action for the recovery of assistance on the grounds the assistance was fraudulently obtained, proof that the recipient of the assistance possesses or did possess resources which does or would have rendered such person ineligible to receive such assistance shall be deemed prima facie evidence that such assistance was fraudulently obtained.
History:
L. 1937, ch. 327, § 18; L. 1951, ch. 288, § 5; L. 1972, ch. 170, § 1; L. 1973, ch. 186, § 14; L. 2011, ch. 30, § 173; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-721 Severability clause.

39-721.
Severability clause.
If any section or part of a section of this act shall be held unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid section or part of a section and the remaining provisions shall be given full force and effect, as if the part held unconstitutional had not been included herein.
History:
L. 1937, ch. 327, § 19; April 9.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-739 Sight handicapped persons; reports to state board of health; forms.

39-739.
Sight handicapped persons; reports to state board of health; forms.
Every health and social agency, attending or consulting physician or nurse, shall report in writing to the state board of health, the name, age and residence of all patients or persons who are handicapped in vision, and who come within the definition of "the blind" as defined in K.S.A. 39-702: Provided, The reporter may omit such registration upon the objection of the adult blind. Such report shall be made within thirty (30) days after a first consultation, interview or meeting of the agency, physician or nurse, and the blind person, and shall be on a form prescribed by the state board of health.
History:
L. 1949, ch. 279, § 1; June 30.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-740 Same; records available to secretary for children and families.

39-740. Same; records available to secretary for children and families.
The records relating to the blind, as filed in the office of the state board of health, shall be available to the secretary for children and families at all times.
History:
L. 1949, ch. 279, § 2; L. 2014, ch. 115, § 82; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-744 Transfer of powers, duties and functions.

39-744. Transfer of powers, duties and functions.
From and after January 1, 1974: (a) All the powers, duties and functions of the existing county social welfare boards and the existing county directors are hereby transferred to and conferred and imposed, respectively, upon the secretary for children and families and the director of social services.
(b) The secretary for children and families and the director of social services shall be the successors in every way, respectively to the powers, duties and functions of the county social welfare boards and county directors in which the same were vested prior to the effective date of this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary for children and families or the director of social services, respectively, shall be deemed to have the same force and effect as if performed by the county social welfare boards or county directors, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the county social welfare board, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary for children and families.
(d) Whenever the county director, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director of social services.
History:
L. 1973, ch. 186, § 15; L. 2014, ch. 115, § 83; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-745 Transition; preservation of civil rights of action and proceedings; criminal actions not to abate.

39-745.
Transition; preservation of civil rights of action and proceedings; criminal actions not to abate.
From and after January 1, 1974: (a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any existing state or county agency mentioned in this act, or by or against any officer of the state or county in his official capacity or in relation to the discharge of his official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act.
(b) No criminal action commenced or which could have been commenced by the state or county shall abate by the taking effect of this act.
History:
L. 1973, ch. 186, § 16; January 1, 1974.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-746 Positions of certain officers and employees abolished; transfer of employees; rights preserved.

39-746.
Positions of certain officers and employees abolished; transfer of employees; rights preserved.
Effective July 1, 1973, all positions of officers and employees appointed by county social welfare boards are hereby abolished. All authorized classified positions and officers and employees employed in such positions under the state civil service act by county boards of social welfare immediately prior to such date are hereby transferred to the secretary of social and rehabilitation services. All officers and employees employed in non-classified positions in the county welfare departments immediately prior to such date, except county home or home for the aged employees, are hereby transferred to the secretary of social and rehabilitation services and into the state civil service system on classified positions with permanent status at the nearest salary step in the salary range and with accrued vacation leave and accrued sick leave as certified by the county welfare boards. All officers and employees transferred to the secretary of social and rehabilitation services as provided herein shall retain all retirement benefits and all rights of civil service which have accrued to such officers and employees prior to the effective date of this act and their service shall be deemed to have been continuous.
History:
L. 1973, ch. 186, § 17; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-751 Program for home maintenance; duties of secretary for children and families.

39-751. Program for home maintenance; duties of secretary for children and families.
The secretary for children and families shall hereby establish, maintain and improve, within the limits of funds appropriated therefor, including any grants or funds received from federal agencies and other sources, a program, the purpose of which shall be to aid the aged, the physically disabled and needy families in maintaining and repairing their respective homes. The secretary shall establish standards to determine the eligibility of persons to receive such aid. Such program shall be initially implemented for a period of one year in any county having a population of more than 150,000 and less than 180,000.
History:
L. 1975, ch. 420, § 1; L. 2014, ch. 115, § 84; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-752 Same; appointment of supervisors.

39-752.
Same; appointment of supervisors.
The secretary shall employ, subject to the approval of the finance council, supervisors to carry out such program. Such supervisors shall be within the classified service under the Kansas civil service act.
History:
L. 1975, ch. 420, § 2; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.

39-753. Title IV-D child support enforcement services; duties of secretary; rules and regulations.
For the purpose of providing title IV-D child support enforcement services, the secretary for children and families shall:
(a) Enter into contracts or agreements necessary to administer title IV-D services.
(b) Maintain and operate a central registry, within the organizational unit of the Kansas department for children and families responsible for providing child support services, for the location of absent parents.
(c) Develop guidelines for coordinating activities of any governmental department, board, commission, bureau or agency in providing information necessary for the location of absent parents.
(d) Coordinate any activity on a state level in searching for an absent parent.
(e) Assist in the location of any parent or other person as required or permitted under title IV-D.
(f) Initiate and maintain legal actions necessary to implement the requirements of title IV-D.
(g) Assist in establishing paternity and in securing and enforcing orders for support in title IV-D cases.
(h) Utilize, in appropriate cases, support enforcement and collection and location services available through the federal department of health and human services, including, but not limited to, the services of federal courts, the federal parent locator services and the treasury department, if authorized or required by federal law.
(i) Accept, on behalf of the state, assignment of support rights pursuant to K.S.A. 39-709 or 39-756, and amendments thereto.
(j) Adopt rules and regulations necessary to provide title IV-D services and to enable the state to meet requirements set forth in title IV-D.
(k) Maintain and operate an automated system to manage title IV-D information and to perform such activities as may be required or permitted by title IV-D. The automated system shall include a registry, to be known as the "state case registry," that contains such records with respect to each title IV-D case as may be required by title IV-D.
(l) Have authority to settle, negotiate and forgive any debts or liabilities to the agency.
History:
L. 1976, ch. 210, § 1; L. 1997, ch. 182, § 69; L. 2014, ch. 115, § 85; L. 2015, ch. 42, § 12; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-756a Time assignment of support rights under K.S.A. 39-709 remains in effect; assignment of rights to payment for medical care unaffected.

39-756a. Time assignment of support rights under K.S.A. 39-709 remains in effect; assignment of rights to payment for medical care unaffected.
An assignment of support rights pursuant to K.S.A. 39-709, and amendments thereto, shall remain in full force and effect so long as the secretary is providing public assistance in accordance with a plan under which federal moneys are expended on behalf of the applicant, recipient or child for: (a) Temporary assistance for needy families; (b) medical assistance; or (c) the expenses of a child in the secretary's care or custody pursuant to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto, or so long as the secretary is providing support services pursuant to K.S.A. 39-756, and amendments thereto. Upon discontinuance of all such assistance and support services, the assignment shall remain in effect as to unpaid support obligations due and owing at the time of the discontinuance of assistance until the claim of the secretary for repayment of the unreimbursed portion of any assistance is satisfied. If the secretary's claim for reimbursement is only for medical assistance, the assignment shall only remain in effect as to unpaid support obligations due and owing at the time of the discontinuance of medical assistance that are designated as medical support. Nothing herein shall affect or limit the rights of the secretary under an assignment of rights to payment for medical care from a third party pursuant to K.S.A. 39-709, and amendments thereto.
History:
L. 1989, ch. 125, § 3; L. 2006, ch. 169, § 111; L. 2007, ch. 195, § 23; L. 2015, ch. 42, § 13; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-758 Location of absent parents or their assets; cooperation of governmental units with secretary; availability of information.

39-758. Location of absent parents or their assets; cooperation of governmental units with secretary; availability of information.
(a) State, county and local units of government, their officers and employees, shall cooperate with the secretary for children and families in locating absent parents or their assets and shall on request supply the secretary for children and families with available information about an absent parent or the absent parent's assets including, but not limited to, the location, employment status, income, date of birth and social security number of the absent parent or any information concerning medical or health insurance coverage for dependents.
(b) Upon written request, federal and state agencies conducting locator activities under title IV-D shall be eligible to receive information leading to the location of an individual if the information is contained within any system used by this state to locate an individual for purposes relating to motor vehicles or law enforcement.
(c) Information received by the secretary for children and families under this section shall be available upon request to persons authorized to receive such information.
Any person receiving such information shall be subject to the provisions of K.S.A. 39-759, and amendments thereto. Information of the department of revenue shall be subject to the limitations of K.S.A. 79-3234, and amendments thereto.
(d) Any person or entity providing access to information pursuant to this section, including, but not limited to, access by automated processes, shall not be liable to any person for good faith actions in providing the access or information. The provisions of this subsection shall not apply to information of the department of revenue.
(e) Notwithstanding any prohibition to the contrary which may apply to information of the department of revenue, the secretary may enter into an agreement with any agency or official in this state to permit the secretary and the secretary's designees access to information for the purposes of this section. Such an agreement shall not be construed to be a contract for the performance of support enforcement services pursuant to K.S.A. 75-5365, and amendments thereto.
History:
L. 1976, ch. 210, § 8; L. 1982, ch. 188, § 1; L. 1997, ch. 182, § 70; L. 2014, ch. 115, § 90; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-760 Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system.

39-760. Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system.
(a) The secretary of health and environment and the secretary for children and families are hereby directed to establish a system for the reporting of suspected abuse or fraud in connection with state welfare or medical assistance programs, either by recipients or health care providers. The system shall be designed to permit any person in the state at any time to place a toll-free call into the system and report suspected cases of welfare abuse or suspected cases of health care provider fraud.
(b) The secretary of health and environment and the secretary for children and families are further directed to publicize the system throughout the state.
(c) Notice of the existence of the system established pursuant to this section shall be displayed prominently in the office or facility of every health care provider who provides services under the state medical assistance program.
(d) The secretary of health and environment shall notify annually each recipient of state medical assistance of the toll-free number of the system established pursuant to this section and the purpose thereof. If possible, such notice shall be printed on the medical cards issued to recipients by the secretary.
History:
L. 1978, ch. 372, § 1; L. 2008, ch. 164, § 21; L. 2012, ch. 102, § 5; L. 2014, ch. 115, § 91; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-782 Hearing required prior to certifying adult care home for participation in state medical assistance program as intermediate care facility for mental health; notice.

39-782. Hearing required prior to certifying adult care home for participation in state medical assistance program as intermediate care facility for mental health; notice.
Prior to certifying an adult care home for participation in the state medical assistance program as an intermediate care facility for mental health, the secretary for aging and disability services shall hold a public hearing in the area in which the facility is located. At least 10 days prior to the hearing, the secretary for aging and disability services shall give notice in a newspaper of general circulation in the area in which the facility is located that the facility has applied for certification for participation in the state medical assistance program as an intermediate care facility for mental health and that a public hearing is to be held to obtain public comment in regard to such application. In addition, the notice shall state the time and place of the public hearing and the manner in which interested parties may present their views at the hearing. The secretary for aging and disability services shall consider the public comments at the hearing in determining whether to grant such certification.
History:
L. 1986, ch. 164, § 1; L. 2014, ch. 115, § 92; July 1.