reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6134 Temporary limitation or restriction of operator's permit; hearing.

65-6134.
Temporary limitation or restriction of operator's permit; hearing.
An operator's permit may be temporarily limited or restricted by the board, pending a hearing, upon receipt of a complaint indicating the public health, safety or welfare to be in imminent danger. If an inspection proves the complaint to be invalid, or that the cause therefor has been corrected, the limitation or restriction shall be terminated.
Proceedings under this section may be initiated by the board or by any person filing written charges with the board. The board shall not limit nor restrict any permit pursuant to this section without first conducting a hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1988, ch. 261, § 34; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6135 Ambulance services; hours of operation; persons providing emergency care.

65-6135. Ambulance services; hours of operation; persons providing emergency care.
(a) All ambulance services providing emergency care as defined by the rules and regulations adopted by the board shall offer service 24 hours per day every day of the year.
(b) Whenever an operator is required to have a permit, at least one person on each vehicle providing emergency medical service shall be an emergency medical service provider certified pursuant to K.S.A. 65-6119, 65-6120 or 65-6121, and amendments thereto, a physician, a physician assistant, an advanced practice registered nurse or a professional nurse.
History:
L. 1988, ch. 261, § 35; L. 1989, ch. 205, § 2; L. 1998, ch. 133, § 15; L. 2000, ch. 162, § 24; L. 2010, ch. 119, § 10; L. 2011, ch. 114, § 66; L. 2016, ch. 35, § 9; L. 2019, ch. 64, § 32; June 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6136 Scope of act.

65-6136.
Scope of act.
(a) Nothing in this act shall be construed:
(1) To prevent the operation of a police emergency vehicle;
(2) to affect any statute or regulatory authority vested in the department of transportation concerning automotive equipment and safety requirements;
(3) to prohibit any privately owned vehicles and aircraft not ordinarily used in the ambulance service business from transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless;
(4) to prevent any vehicle from being pressed into service as an ambulance when the operator determines an emergency exists and provides written notification to the board within 72 hours after the use of such vehicle; or
(5) to prohibit any ambulance lawfully operating under the laws of a state adjoining Kansas from providing emergency transportation of a patient from a municipality not otherwise served by an ambulance service located in Kansas to a location within or outside the state of Kansas when the governing body of such municipality declares a hardship. The governing body or board shall notify the board 30 days prior to the initiation of such out-of-state service.
(b) Ambulances owned and operated by an agency of the United States government shall be exempt from the provisions of this act.
(c) Any ambulance based outside of this state receiving a patient within the state for transportation to a location within this state or receiving a patient within this state for emergency transportation to a location outside this state shall comply with the provisions of this act except when such ambulance is rendering service in the case of a major catastrophe, such ambulance is making a prearranged hospital-to-hospital transfer or except as otherwise provided by rules and regulations adopted by the board.
History:
L. 1988, ch. 261, § 36; L. 1990, ch. 235, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6137 Violations; misdemeanor.

65-6137.
Violations; misdemeanor.
Any person violating any provision of this act or any rule and regulation issued hereunder shall be deemed guilty of a class B misdemeanor.
History: L. 1988, ch. 261, § 37; April 14.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6138 Emergency medical services communications system; establishment; medical communications centers; purpose.

65-6138. Emergency medical services communications system; establishment; medical communications centers; purpose.
In order to provide adequate emergency medical care for the people of this state, the emergency medical services board is hereby authorized to establish, maintain and operate an emergency medical services communications system, subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto. The emergency medical services board shall establish communication centers, to be known as medical communications centers, in various locations in the state to be determined by the emergency medical services board, for the purposes of receiving requests for emergency medical assistance and for coordinating the activities of ambulances with medical care facilities and other emergency public safety agencies. Subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may provide mobile radio units to ambulance services, as hereinafter provided, which will provide such ambulance services with direct communication to or from medical communication centers established for such purpose.
History:
L. 1988, ch. 261, § 38; L. 2013, ch. 62, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6139 Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state.

65-6139. Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state.
For the purpose of establishing, operating and maintaining the emergency medical services communications system, the board may enter into contracts with any state agency, and any such agency is authorized to contract for such purpose with the board. The board also may enter into contracts or other agreements with any city, county, township, fire district or hospital district, or any person, firm or corporation for the establishment of an emergency medical services communications system or the establishment or operation of any part thereof including placement, operation and maintenance of equipment. In accordance with the authority of the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, all contracts entered into by the board under this section shall be subject to approval by the executive chief information technology officer.
Any contract or agreement for the placement or operation of equipment with any ambulance service shall provide that the person, firm, corporation or municipality operating such ambulance service shall maintain such equipment in accordance with terms and conditions established by the board. The contracts, agreements or contracts for the placement of equipment in medical communication centers shall provide that such equipment shall only be used for the purpose of operating the emergency medical services communications system and that the board or the board's designated agent may inspect such equipment at any time. Ownership of any such equipment shall remain with the state and any contracts for the placement of such equipment may be withdrawn or canceled at any time, at the option of the board and the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto.
History:
L. 1988, ch. 261, § 39; L. 2013, ch. 62, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6140 Same; acceptance of moneys and acquisition of property.

65-6140. Same; acceptance of moneys and acquisition of property.
For the purposes of establishing, operating and maintaining an emergency medical services communications system, the emergency medical services board may accept any grant of money or property, including any federal moneys available therefor. Within the limits of appropriations available therefor and subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may acquire, in the name of the state, any equipment necessary for such communications system.
History:
L. 1988, ch. 261, § 40; L. 2013, ch. 62, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6144 Emergency medical responder; authorized activities.

65-6144. Emergency medical responder; authorized activities.
(a) An emergency medical responder may perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced practice registered nurse when authorized by a physician or a professional nurse when authorized by a physician, upon order of such person: (1) Emergency vehicle operations; (2) initial scene management; (3) patient assessment and stabilization; (4) cardiac arrest management through the use of cardiopulmonary resuscitation and the use of an automated external defibrillator; (5) airway management and oxygen therapy; (6) utilization of equipment for the purposes of acquiring an EKG rhythm strip; (7) control of bleeding; (8) extremity splinting; (9) spinal immobilization; (10) nebulizer therapy; (11) intramuscular injections with auto-injector; (12) administration of medications as approved by the board by appropriate routes; (13) recognize and comply with advanced directives; (14) use of blood glucose monitoring; (15) assist with childbirth; (16) non-invasive monitoring of hemoglobin derivatives; and (17) other techniques and devices of preliminary care an emergency medical responder is trained to provide as approved by the board.
History:
L. 1988, ch. 261, § 44; L. 1994, ch. 154, § 6; L. 1998, ch. 133, § 16; L. 2010, ch. 119, § 11; L. 2011, ch. 114, § 91; L. 2011, ch. 114, § 67; L. 2016, ch. 35, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6145 Emergency medical services; limitations of act.

65-6145. Emergency medical services; limitations of act.
Nothing in this act shall be construed: (a) To preclude any municipality from licensing or otherwise regulating emergency medical responders operating within its jurisdiction, but any licensing requirements or regulations imposed by a municipality shall be in addition to and not in lieu of the provisions of this act and the rules and regulations adopted pursuant to this act;
(b) to preclude any person certified as an emergency medical service provider from providing emergency medical services to persons requiring such services; or
(c) to preclude any individual who is not a certified emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, from providing assistance during an emergency so long as such individual does not represent oneself to be an emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto.
History:
L. 1988, ch. 261, § 45; L. 2010, ch. 119, § 12; L. 2019, ch. 64, § 33; June 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6150 Unlawful acts; criminal penalty.

65-6150. Unlawful acts; criminal penalty.
(a) It shall be unlawful for any individual to represent oneself as an emergency medical service provider unless such individual holds a valid certificate as such under this act.
(b) Any violation of subsection (a) shall constitute a class B misdemeanor.
History:
L. 1990, ch. 235, § 8; L. 2019, ch. 64, § 34; L. 2023, ch. 58, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6151 Emergency medical services operating fund.

65-6151.
Emergency medical services operating fund.
There is hereby created in the state treasury an emergency medical services operating fund. Expenditures from the emergency medical services operating fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the emergency medical services board or by a person or persons designated by such chairperson.
History:
L. 1992, ch. 315, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6153 Emergency medical services data collection system; information collected; rules and regulations.

65-6153.
Emergency medical services data collection system; information collected; rules and regulations.
(a) Within the limits of appropriations therefor, the board of emergency medical services shall develop and maintain a statewide data collection system to collect and analyze emergency medical services information, including, but not limited to, dispatch, demographics, patient data, assessment, treatment, disposition, financial and any other pertinent information that will assist the board in improving the quality of emergency medical services.
(b) Each operator of an ambulance service shall collect and report to the board emergency medical services information pursuant to rules and regulations adopted by the board. The board shall adopt rules and regulations which use the most efficient, least intrusive means for collecting emergency medical services information consistent with ensuring the quality, timeliness, completeness and confidentiality of the system.
History:
L. 2006, ch. 161, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6154 Same; confidentiality; exceptions; reports open records.

65-6154.
Same; confidentiality; exceptions; reports open records.
(a) Any emergency medical services information provided to the board shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(1) No person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) all persons who are identifiable in the information to be disclosed consent in writing to its disclosure; or
(3) the disclosure is necessary, and only to the extent necessary, to protect the public health and does not identify specific persons, operators, as defined in K.S.A. 65-6112, and amendments thereto, or ambulance services.
(b) Except as provided in subsection (c), reports generated by the board utilizing emergency medical services information shall be available in accordance with K.S.A. 45-215 et seq., and amendments thereto.
(c) Notwithstanding subsection (b), individually identifiable health information shall be confidential and shall not be disclosed except that the board may disclose such information to individuals, organizations or governmental agencies engaged in research that benefits the public's health, safety or welfare if the board is satisfied that such information will remain confidential and adequately protected from disclosure. For purposes of this section, "individually identifiable health information" shall have the same meaning as in 45 C.F.R. § 160.103.
History:
L. 2006, ch. 161, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6155 Same; disclosure of information; liability.

65-6155.
Same; disclosure of information; liability.
Any operator who reports emergency medical services information, in good faith, and in accordance with the requirements of this act and the rules and regulations prescribed by the board, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such information. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential information when such disclosure is due to gross negligence or willful misconduct.
History:
L. 2006, ch. 161, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6156 Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated.

65-6156.
Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated.
K.S.A. 65-6153 through 65-6155, and amendments thereto, shall be part of and supplemental to the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto.
History:
L. 2006, ch. 161, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 61 - Emergency Medical Services › 65-6157 EMS revolving fund.

65-6157.
EMS revolving fund.
There is hereby created in the state treasury the EMS revolving fund. All moneys credited to the EMS revolving fund shall be used by the emergency medical services board to improve and enhance emergency medical services in the state. All expenditures from the EMS revolving fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the emergency medical services board or by a person or persons designated by such chairperson.
History:
L. 2007, ch. 140, § 14; April 26.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6201 Individuals in need of in-home care; definitions.

65-6201.
Individuals in need of in-home care; definitions.
As used in this act:
(a) "Attendant care services" means those basic and ancillary services which enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care and mobility.
(b) "Basic services" shall include, but not be limited to:
(1) Getting in and out of bed, wheelchair or motor vehicle, or both;
(2) assistance with routine bodily functions including, but not limited to:
(A) Health maintenance activities;
(B) bathing and personal hygiene;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
(c) "Ancillary services" means services ancillary to the basic services provided to an individual in need of in-home care who needs one or more of the basic services, and include the following:
(1) Homemaker-type services, including but not limited to, shopping, laundry, cleaning and seasonal chores;
(2) companion-type services including but not limited to, transportation, letter writing, reading mail and escort; and
(3) assistance with cognitive tasks including, but not limited to, managing finances, planning activities and making decisions.
(d) "Health maintenance activities" include, but are not limited to, catheter irrigation; administration of medications, enemas and suppositories; and wound care, if such activities in the opinion of the attending physician or licensed professional nurse may be performed by the individual if the individual were physically capable, and the procedure may be safely performed in the home.
(e) "Individual in need of in-home care" means any functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care and mobility, including, but not limited to, those functions included in the definition of attendant care services.
(f) "Physician" means a person licensed to practice medicine and surgery.
History: L. 1989, ch. 191, § 1; L. 1990, ch. 233, § 5; April 26.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6202 Hospice certified to participate in medicare program may hold itself out to public as hospice or licensed hospice; prohibitions; enforcement.

65-6202.
Hospice certified to participate in medicare program may hold itself out to public as hospice or licensed hospice; prohibitions; enforcement.
(a) Each hospice located in this state which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto shall be known and may hold itself out to the public as a hospice or as a licensed hospice so long as such hospice is certified to participate in the medicare program.
(b) Prior to January 1, 1996, an agency, organization or other entity which is engaged primarily in providing hospice services but which is not certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto may hold itself out to the public as a hospice.
(c) On and after January 1, 1996, no agency, organization or other entity other than a hospice certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto shall hold itself out to the public as a hospice or as a licensed hospice.
(d) The secretary of health and environment may file for an injunction against any agency, organization or other entity or person to restrain or prevent any violations of the provisions of this section.
History: L. 1994, ch. 6, § 1; March 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6204 Background information on certain applicants for employment; secretary of health and environment to provide for processing information requested.

65-6204.
Background information on certain applicants for employment; secretary of health and environment to provide for processing information requested.
The secretary of health and environment shall provide for the implementation of the processing of information requested from the department of health and environment on an incremental basis. This implementation shall be completed so that adult care homes and home health agencies may receive information required under this act [*] no later than July 1, 1998.
History:
L. 1997, ch. 161, § 3; July 1.
* "This act" see also 39-970, 39-1404, 39-1411, 39-1434, 65-5117, 65-6204 and 65-6205.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6205 Background information on certain applicants for employment; request for information by certain entities; exemption from civil liability for certain actions taken in good faith based on such information.

65-6205. Background information on certain applicants for employment; request for information by certain entities; exemption from civil liability for certain actions taken in good faith based on such information.
(a) A community service provider as defined in K.S.A. 39-1803, and amendments thereto, a mental health center as defined in K.S.A. 65-4432, and amendments thereto, and an independent living agency as defined in K.S.A. 65-5101, and amendments thereto, may request for the purpose of obtaining background information on applicants for employment with such entity information:
(1) From the Kansas department for children and families as to whether such applicant has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the Kansas department for children and families pursuant to K.S.A. 38-2226, and amendments thereto;
(2) from the Kansas department for children and families as to whether such applicant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-1404, and amendments thereto, or an act of abuse, neglect or exploitation of an adult as contained in the register of reports under K.S.A. 39-1434, and amendments thereto;
(3) from the department for aging and disability services as to whether such applicant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-936 and 39-1411, and amendments thereto;
(4) from the department for aging and disability services any information concerning the applicant in the state registry which contains information about unlicensed employees of adult care homes under K.S.A. 39-936, and amendments thereto.
(b) No community service provider, mental health center or independent living agency shall be liable for civil damages to any person refused employment, discharged from employment or whose terms of employment are affected because of actions taken by the community service provider, mental health center or independent living agency in good faith based on information received under this section.
History:
L. 1997, ch. 161, § 4; L. 2006, ch. 200, § 111; L. 2014, ch. 115, § 271; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6207 Definitions.

65-6207. Definitions.
As used in K.S.A. 65-6207 to 65-6220, inclusive, and amendments thereto, the following have the meaning respectively ascribed thereto, unless the context requires otherwise:
(a) "Department" means the Kansas department for aging and disability services or the Kansas department of health and environment, or both.
(b) "Fund" means the health care access improvement fund.
(c) "Health maintenance organization" has the meaning provided in K.S.A. 40-3202, and amendments thereto.
(d) "Hospital" has the meaning provided in K.S.A. 65-425, and amendments thereto.
(e) "Hospital provider" means a person licensed by the department of health and environment to operate, conduct or maintain a hospital, regardless of whether the person is a federal medicaid provider.
(f) "Pharmacy provider" means an area, premises or other site where drugs are offered for sale, where there are pharmacists, as defined in K.S.A. 65-1626, and amendments thereto, and where prescriptions, as defined in K.S.A. 65-1626, and amendments thereto, are compounded and dispensed.
(g) "Assessment revenues" means the revenues generated directly by the assessments imposed by K.S.A. 65-6208 and 65-6213, and amendments thereto, any penalty assessments and all interest credited to the fund under this act, and any federal matching funds obtained through the use of such assessments, penalties and interest amounts.
History:
L. 2004, ch. 89, § 1; L. 2014, ch. 115, § 272; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6208 Assessment imposed on hospital providers; rate; submission to United States centers for medicare and medicaid services; notice of approval.

65-6208. Assessment imposed on hospital providers; rate; submission to United States centers for medicare and medicaid services; notice of approval.
(a) Subject to the provisions of K.S.A. 65-6209, and amendments thereto, an annual assessment on services is imposed on each hospital provider in an amount not less than 1.83% of each hospital's net inpatient operating revenue and not greater than 3% of each hospital's net inpatient and outpatient operating revenue, as determined by the healthcare access improvement panel in consultation with the department of health and environment, for the hospital's fiscal year three years prior to the assessment year. In the event that a hospital does not have a complete 12-month fiscal year in such third prior fiscal year, the assessment under this section shall be $200,000 until such date that such hospital has completed the hospital's first 12-month fiscal year. Upon completing such first 12-month fiscal year, such hospital's assessment under this section shall be the amount not less than 1.83% of each hospital's net inpatient operating revenue and not greater than 3% of such hospital's net inpatient and outpatient operating revenue, as determined by the healthcare access improvement panel in consultation with the department of health and environment, for such first completed 12-month fiscal year.
(b) Nothing in this act shall be construed to authorize any home rule unit or other unit of local government to license for revenue or impose a tax or assessment upon hospital providers or a tax or assessment measured by the income or earnings of a hospital provider.
(c) (1) The department of health and environment shall submit to the United States centers for medicare and medicaid services any approval request necessary to implement the amendments made to subsection (a) by section 1 of chapter 7 of the 2020 Session Laws of Kansas and this act. If the department has submitted such a request pursuant to section 80(l) of chapter 68 of the 2019 Session Laws of Kansas or section 1 of chapter 7 of the 2020 Session Laws of Kansas, then the department may continue such request, or modify such request to conform to the amendments made to subsection (a) by section 1 of chapter 7 of the 2020 Session Laws of Kansas and this act, to fulfill the requirements of this paragraph.
(2) The secretary of health and environment shall certify to the secretary of state the receipt of such approval and cause notice of such approval to be published in the Kansas register.
(3) The amendments made to subsection (a) by section 1 of chapter 7 of the 2020 Session Laws of Kansas and this act shall take effect on and after January 1 or July 1 immediately following such publication of such approval.
History:
L. 2004, ch. 89, § 2; L. 2012, ch. 102, § 56; L. 2020, ch. 7, § 1; L. 2020, ch. 10, § 9; June 11.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6209 Same; exemption for certain hospital providers.

65-6209. Same; exemption for certain hospital providers.
(a) A hospital provider that is a state agency, the authority, as defined in K.S.A. 76-3304, and amendments thereto, a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, a critical access hospital, as defined in K.S.A. 65-468, and amendments thereto, or a rural emergency hospital licensed under the rural emergency hospital act, K.S.A. 2023 Supp. 65-481 et seq., and amendments thereto, is exempt from the assessment imposed by K.S.A. 65-6208, and amendments thereto.
(b) A hospital operated by the department in the course of performing its mental health or developmental disabilities functions is exempt from the assessment imposed by K.S.A. 65-6208, and amendments thereto.
History:
L. 2004, ch. 89, § 3; L. 2023, ch. 57, § 1; April 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6210 Same; payment date for hospitals; delayed payment schedules; penalties.

65-6210. Same; payment date for hospitals; delayed payment schedules; penalties.
(a) The assessment imposed by K.S.A. 65-6208, and amendments thereto, for any state fiscal year to which this statute applies shall be due and payable in equal installments on or before June 30 and December 31, commencing with whichever date first occurs after the hospital has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services. No installment payment of an assessment under this act shall be due and payable, however, until after:
(1) The hospital provider receives written notice from the department that the payment methodologies to hospitals required under this act have been approved by the centers for medicare and medicaid services of the United States department of health and human services under 42 C.F.R. § 433.68 for the assessment imposed by K.S.A. 65-6208, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services; and
(2) in the case of a hospital provider, the hospital has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services.
(b) The department is authorized to establish delayed payment schedules for hospital providers that are unable to make installment payments when due under this section due to financial difficulties, as determined by the department.
(c) If a hospital provider fails to pay the full amount of an installment when due, including any extensions granted under this section, there shall be added to the assessment imposed by K.S.A. 65-6208, and amendments thereto, unless waived by the department for reasonable cause, a penalty assessment equal to the lesser of:
(1) An amount equal to 5% of the installment amount not paid on or before the due date plus 5% of the portion thereof remaining unpaid on the last day of each month thereafter; or
(2) an amount equal to 100% of the installment amount not paid on or before the due date.
For purposes of subsection (c), payments will be credited first to unpaid installment amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(d) The effective date for the payment methodology applicable to hospital providers approved by the centers for medicare and medicaid services shall be the date of July 1 or January 1, whichever date is designated in the state plan submitted by the department of health and environment for approval by the centers for medicare and medicaid services.
History:
L. 2004, ch. 89, § 4; L. 2004, ch. 141, § 1; L. 2014, ch. 115, § 273; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6211 Same; notice of assessment; method of payment; assessment adjustment when a hospital ceases operations.

65-6211.
Same; notice of assessment; method of payment; assessment adjustment when a hospital ceases operations.
(a) After December 31 of each year, except as otherwise provided in this subsection, and on or before March 31 of the succeeding year, the department shall send a notice of assessment to every hospital provider subject to assessment under this act.
(b) The hospital provider notice of assessment shall notify the hospital provider of its assessment for the state fiscal year commencing on the next July 1.
(c) If a hospital provider operates, conducts or maintains more than one licensed hospital in the state, the hospital provider shall pay the assessment for each hospital separately.
(d) Notwithstanding any other provision in this act, in the case of a person who ceases to operate, conduct or maintain a hospital in respect of which the person is subject to assessment in K.S.A. 65-6208, and amendments thereto, as a hospital provider, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under K.S.A. 65-6208, and amendments thereto, by a fraction, the numerator of which is the number of the days during the year during which the provider operates, conducts or maintains a hospital and the denominator of which is 365. Immediately upon ceasing to operate, conduct or maintain a hospital, the person shall pay the adjusted assessment for that state fiscal year, to the extent not previously paid.
(e) Notwithstanding any other provision in this act, a person who commences operating, conducting or maintaining a hospital shall pay the assessment computed under subsection (a) of K.S.A. 65-6208, and amendments thereto, in installments on the due dates stated in the notice and on the regular installment due dates for the state fiscal year occurring after the due dates of the initial notice.
History:
L. 2004, ch. 89, § 5; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6212 Hospital provider assessments not imposed or discontinued, when; disbursement or refund of proceeds.

65-6212.
Hospital provider assessments not imposed or discontinued, when; disbursement or refund of proceeds.
(a) The assessment imposed by K.S.A. 65-6208, and amendments thereto, shall not take effect or shall cease to be imposed and any moneys remaining in the fund attributable to assessments imposed under K.S.A. 65-6208, and amendments thereto, shall be refunded to hospital providers in proportion to the amounts paid by them if the payments to hospitals required under subsection (a) of K.S.A. 65-6218, and amendments thereto, are changed or are not eligible for federal matching funds under title XIX or XXI of the federal social security act.
(b) The assessment imposed by K.S.A. 65-6208, and amendments thereto, shall not take effect or shall cease to be imposed if the assessment is determined to be an impermissible tax under title XIX of the federal social security act. Moneys in the health care access improvement fund derived from assessments imposed prior thereto shall be disbursed in accordance with subsection (a) of K.S.A. 65-6218, and amendments thereto, to the extent that federal matching is not reduced due to the impermissibility of the assessments and any remaining moneys shall be refunded to hospital providers in proportion to the amounts paid by them.
History:
L. 2004, ch. 89, § 12; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6213 Assessment imposed on health maintenance organizations, rate.

65-6213.
Assessment imposed on health maintenance organizations, rate.
The department shall assess each health maintenance organization that has a medicaid managed care contract awarded by the state and administered by the department an assessment fee that equals 5.9% of nonmedicare premiums collected by that health maintenance organization. The assessment shall be calculated by reference to information contained in the health maintenance organization's statement filings for the previous state fiscal year.
History:
L. 2004, ch. 89, § 7; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6214 Same; payment date for health maintenance organizations; delayed payment schedules; penalties.

65-6214. Same; payment date for health maintenance organizations; delayed payment schedules; penalties.
(a) The assessment imposed by K.S.A. 65-6213, and amendments thereto, for any state fiscal year to which this statute applies shall be due and payable in equal installments on or before June 30 and December 31, commencing with whichever date first occurs after the health maintenance organization has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services. No installment payment of an assessment under this act shall be due and payable, however, until after:
(1) The health maintenance organization receives written notice from the department that the payment methodologies to health maintenance organizations required under this act have been approved by the centers for medicare and medicaid services of the United States department of health and human services and the state plan amendment for the assessment imposed by K.S.A. 65-6213, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services; and
(2) the health maintenance organization has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services.
(b) The department is authorized to establish delayed payment schedules for health maintenance organizations that are unable to make installment payments when due under this section due to financial difficulties, as determined by the department.
(c) If a health maintenance organization fails to pay the full amount of an installment when due, including any extensions of time for delayed payment granted under this section, there shall be added to the assessment imposed by K.S.A. 65-6213, and amendments thereto, unless waived by the department for reasonable cause, a penalty assessment equal to the lesser of:
(1) An amount equal to 5% of the installment amount not paid on or before the due date plus 5% of the portion thereof remaining unpaid on the last day of each month thereafter; or
(2) an amount equal to 100% of the installment amount not paid on or before the due date.
For purposes of this subsection (c), payments shall be credited first to unpaid installment amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(d) The effective date for the payment methodology applicable to health maintenance organizations approved by the centers for medicare and medicaid services shall be the date of July 1 or January 1, whichever date is designated in the state plan submitted by the department of health and environment for approval by the centers for medicare and medicaid services.
History:
L. 2004, ch. 89, § 8; L. 2004, ch. 141, § 2; L. 2014, ch. 115, § 274; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6215 Same; notice of assessment; method of payment; assessment adjustment when a health maintenance organization ceases operations.

65-6215.
Same; notice of assessment; method of payment; assessment adjustment when a health maintenance organization ceases operations.
(a) After December 31 of each year, except as otherwise provided in this subsection, and on or before March 31 of the succeeding year, the department shall send a notice of assessment to every health maintenance organization subject to assessment under this act.
(b) The health maintenance organization notice of assessment shall notify the health maintenance organization of its assessment for the state fiscal year commencing on the next July 1.
(c) If a health maintenance organization operates, conducts or maintains more than one health maintenance organization in the state, the health maintenance organization shall pay the assessment for each health maintenance organization separately.
(d) Notwithstanding any other provision in this act, in the case of a person who ceases to operate, conduct or maintain a health maintenance organization in respect of which the person is subject to assessment in K.S.A. 65-6213, and amendments thereto, as a health maintenance organization, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under K.S.A. 65-6213, and amendments thereto, by a fraction, the numerator of which is the number of days during the year during which the health maintenance organization operates, conducts or maintains a health maintenance organization and the denominator of which is 365. Immediately upon ceasing to operate, conduct or maintain a health maintenance organization, the person shall pay the adjusted assessment for the state fiscal year, to the extent not previously paid.
(e) Notwithstanding any other provision in this act, a person who commences operating, conducting or maintaining a health maintenance organization shall pay the assessment computed under K.S.A. 65-6213, and amendments thereto, in installments on the due dates stated in the notice and on the regular installment due dates for the state fiscal year occurring after the due dates of the initial notice.
History:
L. 2004, ch. 89, § 9; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6216 Health maintenance organization assessments not imposed or discontinued, when; disbursement or refund of proceeds.

65-6216.
Health maintenance organization assessments not imposed or discontinued, when; disbursement or refund of proceeds.
(a) The assessment imposed by K.S.A. 65-6213, and amendments thereto, shall not take effect or shall cease to be imposed and any moneys remaining in the fund attributable to the assessment imposed by K.S.A. 65-6213, and amendments thereto, shall be refunded to health maintenance organizations in proportion to the amounts paid by such health maintenance organizations if the payments to health maintenance organizations required under subsection (b) of K.S.A. 65-6218, and amendments thereto, are changed or are not eligible for federal matching funds under title XIX or XXI of the federal social security act.
(b) The assessment imposed by K.S.A. 65-6213, and amendments thereto, shall not take effect or shall cease to be imposed if the assessment is determined to be an impermissible tax under title XIX of the federal social security act. Moneys in the health care access improvement fund derived from assessments imposed prior thereto shall be disbursed in accordance with subsection (b) of K.S.A. 65-6218, and amendments thereto, to the extent that federal matching is not reduced due to the impermissibility of the assessments and any remaining moneys shall be refunded to health maintenance organizations in proportion to the amounts paid by such health maintenance organizations.
History:
L. 2004, ch. 89, § 10; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6219 Administration and enforcement of act.

65-6219.
Administration and enforcement of act.
To the extent practicable, the department shall administer and enforce this act and collect the assessments, interest and penalty assessments imposed under this act using procedures generally employed in the administration of the department's other powers, duties and functions.
History:
L. 2004, ch. 89, § 6; April 22.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6220 Rules and regulations.

65-6220. Rules and regulations.
The secretary for aging and disability services with the advice and subject to the approval of the health care access improvement panel may adopt rules and regulations necessary to implement this act.
History:
L. 2004, ch. 89, § 14; L. 2014, ch. 115, § 277; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6232 Severability for certain acts.

65-6232. Severability for certain acts.
If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 2011, ch. 114, § 36; June 9.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 62 - Miscellaneous Provisions › 65-6234 Term of intellectual disability; state official policy.

65-6234. Term of intellectual disability; state official policy.
It is hereby declared to be the official policy of the state of Kansas that the term "intellectual disability" be used in place of the term "mental retardation" and the term "person or people with intellectual disability" be used in place of the term "mentally retarded." Whenever the term "mental retardation" or "retardation" appears in the Kansas administrative regulations, state agencies are hereby directed to read and use the term "intellectual disability." State agencies are further directed that, in the normal course of conducting their planned updates or changes to language in rules and regulations, agencies update the terminology of their rules and regulations to be consistent with this policy. The changes to the new policy and new terminology can take place as rules and regulations are naturally updated.
History:
L. 2012, ch. 91, § 1; July 1.