reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5963 Community crisis stabilization centers fund; clubhouse model program fund.

75-5963. Community crisis stabilization centers fund; clubhouse model program fund.
(a) The community crisis stabilization centers fund is hereby created in the state treasury and shall be administered by the Kansas department for aging and disability services. The community crisis stabilization centers fund shall consist of those moneys credited to the community crisis stabilization centers fund pursuant to K.S.A. 74-8711(e), and amendments thereto. All expenditures from the community crisis stabilization centers fund shall be for community crisis stabilization centers operated through community mental health centers, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services.
(b) The clubhouse model program fund is hereby created in the state treasury and shall be administered by the Kansas department for aging and disability services. The clubhouse model program fund shall consist of those moneys credited to the clubhouse model program fund pursuant to K.S.A. 74-8711(e), and amendments thereto. All expenditures from the clubhouse model program fund shall be for certified clubhouse model programs, and shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services.
History:
L. 2018, ch. 96, § 7; May 24.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5964 The living, investing in values and ending suicide (LIVES) act; 988 suicide prevention and mental health crisis hotline; citation of act.

75-5964. The living, investing in values and ending suicide (LIVES) act; 988 suicide prevention and mental health crisis hotline; citation of act.
K.S.A. 2023 Supp. 75-5964 through 75-5971, and amendments thereto, shall be known and may be cited as the living, investing in values and ending suicide (LIVES) act.
History:
L. 2022, ch. 100, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5965 Definitions.

75-5965. Definitions.
As used in K.S.A. 2023 Supp. 75-5964 through 75-5971, and amendments thereto:
(a) "Crisis stabilization services" means short-term services of up to 72 hours with capacity for diagnosis, initial management, observation, crisis stabilization and follow-up referral services.
(b) "Department" means the Kansas department for aging and disability services.
(c) "Exchange telecommunications service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
(d) "Hotline" means the 988 suicide prevention and mental health crisis hotline or its successor maintained by the assistant secretary for mental health and substance use under 42 U.S.C. § 290bb-36c.
(e) "Hotline center" means a 988 suicide prevention and mental health crisis hotline center, designated by the Kansas department for aging and disability services, participating in the national suicide prevention lifeline network to respond to statewide or regional 988 calls.
(f) "Mobile crisis team" means a team of behavioral health professionals and peers that provide professional, community-based, crisis intervention services, including, but not limited to, de-escalation and stabilization for individuals who are experiencing a behavioral health crisis. Such services are separate and distinct from 911 emergency responses of emergency medical services or law enforcement.
(g) "NSPL" means the national suicide prevention lifeline, the national network of local, certified crisis centers that provide free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours per day, seven days per week.
(h) "Peer specialist" means an individual certified by the department to provide supportive services on the basis of such individual's personal, lived experience of mental illness or addiction and recovery.
(i) "Provider" means the same as defined in K.S.A. 12-5363, and amendments thereto.
(j) "Secretary" means the secretary for aging and disability services.
(k) "Services" means behavioral health services.
(l) "Service user" means any person who is provided exchange telecommunications service, wireless telecommunications service, VoIP service, prepaid wireless service or any other service capable of contacting a hotline center by dialing 988.
(m) "VCL" means the veterans crisis line maintained by the United States secretary of veterans affairs under 38 U.S.C. § 1720F(h).
(n) "VoIP service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
(o) "Wireless telecommunications service" means the same as provided in K.S.A. 12-5363, and amendments thereto.
History:
L. 2022, ch. 100, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5967 Limitation on liability.

75-5967. Limitation on liability.
Except as provided by the Kansas tort claims act and except for action or inaction that constitutes gross negligence or willful and wanton misconduct, each provider, and employees, agents, suppliers and subcontractors thereof, and each seller, and employees, agents, suppliers and subcontractors thereof, shall not be liable for the payment of damages resulting directly or indirectly from the total or partial failure of any transmission to an emergency communication service or for damages resulting from the performance of installing, maintaining or providing 988 service.
History:
L. 2022, ch. 100, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5969 Annual report by secretary for aging and disability services.

75-5969. Annual report by secretary for aging and disability services.
On or before the first day of each regular session of the legislature, the secretary for aging and disability services shall submit a report to the house of representatives standing committees on appropriations, energy, utilities and telecommunications and health and human services and the senate standing committees on ways and means, utilities and public health and welfare, or any successor committees thereto, that provides the following:
(a) Outcomes related to implementation of the 988 suicide prevention and mental health crisis hotline in Kansas, including key performance indicators;
(b) the hotline's usage in the state;
(c) the services provided in response to calls to the hotline centers;
(d) whether any grants or financial assistance has been made available from any federal or other public or private source for the purpose of this act, whether any applications were submitted to receive such grants or financial assistance and the amounts received from any such grants or financial assistance;
(e) an estimate of the costs that will be necessary to continue to support and fund the requirements of this act in the ensuing fiscal year; and
(f) recommendations regarding how such costs may be funded, including through the imposition and collection of fees or charges on telecommunications services with estimates of such fees or charges.
History:
L. 2022, ch. 100, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5970 Inclusion of 988 suicide prevention hotline on student identification cards.

75-5970. Inclusion of 988 suicide prevention hotline on student identification cards.
Each school district that issues student identification cards to students in any of the grades six through 12 is encouraged to include on such student identification cards the 988 suicide prevention and mental health crisis hotline number or, if such hotline is not in operation, then a local, state or national suicide prevention hotline telephone number.
History:
L. 2022, ch. 100, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 60 - Kansas Small Business Procurement Act › 75-6011 Annual reports to governor, legislature and secretary of economic development; contents.

75-6011.
Annual reports to governor, legislature and secretary of economic development; contents.
The secretary of administration, with the assistance of the director of purchases, shall submit a report prior to the regular session of the legislature to the governor, the legislature and the secretary of economic development, indicating the estimated total dollar value of contracts let to small businesses and the estimated number of small businesses who received contracts in the preceding state fiscal year, based upon historical data. This report shall include:
(a) The total dollar value estimated to have been expended on contracts with small businesses and the estimated number of transactions this represents; and
(b) the actual total dollar value expended on contracts with minority businesses and women-owned businesses, and the actual number of transactions this represents.
History:
L. 1984, ch. 337, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6101 Citation of act; claims to which act applicable; act applicable to municipalities.

75-6101.
Citation of act; claims to which act applicable; act applicable to municipalities.
(a) K.S.A. 75-6101 to 75-6115, inclusive, shall be known and may be cited as the Kansas tort claims act.
(b) The Kansas tort claims act shall be applicable to claims arising from acts or omissions occurring on and after the effective date of this act.
(c) Municipalities may not exempt themselves from the provisions of the Kansas tort claims act by charter ordinance, charter resolution or other action.
History:
L. 1979, ch. 186, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6103 Liability of governmental entities for damages caused by employee acts or omissions, when; applicable procedure.

75-6103. Liability of governmental entities for damages caused by employee acts or omissions, when; applicable procedure.
(a) Subject to the limitations of this act, each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be liable under the laws of this state.
(b) (1) Except as otherwise provided in this act, either the code of civil procedure or, subject to subsection (b)(2), the code of civil procedure for limited actions shall be applicable to actions within the scope of this act. Actions for claims within the scope of the Kansas tort claims act brought under the code of civil procedure for limited actions are subject to the limitations provided in K.S.A. 61-2802, and amendments thereto.
(2) Actions within the scope of the Kansas tort claims act may not be brought under the small claims procedure act. Notwithstanding any provision of the small claims procedure act to the contrary, if a small claims action is within the scope of the Kansas tort claims act, a lawyer may appear in such small claims action on behalf of any governmental entity, officer or employee for the sole purpose of filing, briefing and arguing a motion to dismiss for lack of jurisdiction.
History:
L. 1979, ch. 186, § 3; L. 1980, ch. 294, § 1; L. 2000, ch. 161, § 116; L. 2014, ch. 55, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6105 Maximum liability for claims; apportionment of multiple claims; no liability for punitive or exemplary damages or interest; exception related to claim for damages arising from childhood sexual abuse.

75-6105. Maximum liability for claims; apportionment of multiple claims; no liability for punitive or exemplary damages or interest; exception related to claim for damages arising from childhood sexual abuse.
(a) Subject to the provisions of K.S.A. 75-6111, and amendments thereto, the liability for claims within the scope of this act shall not exceed $500,000 for any number of claims arising out of a single occurrence or accident.
(b) When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the proper share of the total amount limited by this section. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence or accident.
(c) A governmental entity shall not be liable for punitive or exemplary damages or for interest prior to judgment. An employee acting within the scope of the employee's employment shall not be liable for punitive or exemplary damages or for interest prior to judgment, except for any act or omission of the employee because of actual fraud or actual malice.
(d) This section shall not apply to any claim for recovery of damages against a governmental entity arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto.
History:
L. 1979, ch. 186, § 5; L. 1980, ch. 294, § 2; L. 1987, ch. 353, § 4; L. 2023, ch. 28, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6106 Same; settlement of claims, procedure; effect of settlement.

75-6106.
Same; settlement of claims, procedure; effect of settlement.
(a) Subject to the terms of an insurance contract, if any, a claim against the state or employee thereof acting within the scope of the employee's office or employment may be compromised or settled for and on behalf of the state and any such employee by the attorney general, with the approval of the state finance council. The approval of settlements and compromises by the state finance council is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c, except that such approval also may be given when the legislature is in session.
(b) Subject to the terms of the insurance contract, if any, claims against a municipality or employee thereof acting within the scope of the employee's office or employment may be compromised or settled by the governing body of the municipality, or in such manner as such governing body may designate.
(c) The acceptance by a claimant of any such compromise or settlement hereunder shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the governmental entity involved and against the employee whose act or omission gave rise to the claim, by reason of the same subject matter.
History:
L. 1979, ch. 186, § 6; L. 1981, ch. 360, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6107 Same; judgment against governmental entity, effect; judgment against employee, effect.

75-6107.
Same; judgment against governmental entity, effect; judgment against employee, effect.
(a) The judgment in an action subject to the provisions of this act against a governmental entity shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee whose act or omission gave rise to the claim.
(b) Any judgment against an employee whose act or omission gave rise to the claim shall constitute a complete bar to any action for injury by the claimant, by reason of the same subject matter, against a governmental entity.
History:
L. 1979, ch. 186, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6109 Same; indemnification of employee acting within scope of employment; no punitive or exemplary damages; recovery or defense costs by governmental entity.

75-6109.
Same; indemnification of employee acting within scope of employment; no punitive or exemplary damages; recovery or defense costs by governmental entity.
Except as otherwise provided in the Kansas [tort] claims act, a governmental entity is liable, and shall indemnify its employees against damages, for injury or damage proximately caused by an act or omission of an employee while acting within the scope of his or her employment. A governmental entity shall not be liable under the provisions of this act for any punitive or exemplary damages against an employee, nor for payment of any costs, judgments or settlements which are paid through an applicable contract or policy of insurance. The governmental entity shall have the right to recover any payments made by it for any judgment, or portion thereof, and costs or fees incurred by or on behalf of an employee's defense if the employee fails to cooperate in good faith in the defense of the claim or action or if the trier of fact finds that the act or omission of the employee was because of such employee's actual fraud or actual malice.
History:
L. 1979, ch. 186, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6110 Same; costs for defense of municipalities or its employees; special liability expense fund, establishment and maintenance; tax levy.

75-6110.
Same; costs for defense of municipalities or its employees; special liability expense fund, establishment and maintenance; tax levy.
(a) Except as provided for school districts, payments by municipalities for the cost of providing for its defense and the defense of employees pursuant to this act and for the payment of claims and other direct and indirect costs resulting from the implementation of this act may be paid from the general or other existing fund of such municipality or from a special liability expense fund established for such purpose pursuant to subsection (b). School districts shall make such payments from the special liability expense fund of the school district.
(b) Whenever the governing body of any municipality shall determine that it is advisable to establish a special fund for the payment of such costs and to establish a reserve therefor, in lieu of paying the same out of the general or other existing fund of the municipality, such governing body may create and establish a special liability expense fund for the payment of such costs and may place therein any moneys received by the municipality from any source whatsoever which may be lawfully utilized for such purpose including the proceeds of tax levies hereinafter authorized and provided. Such fund shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. In making the budget of such municipality, the amounts credited to and the amount on hand in such special fund, and the amount expended therefrom, shall be included in the annual budget for the information of the residents of such municipality.
(c) Whenever the governing body of any municipality which is authorized by law to levy taxes upon property has established a special liability expense fund under the provisions of this section and determines that moneys from other sources will be insufficient to pay such costs, the governing body may levy an annual tax upon all taxable tangible property within the municipality in an amount determined by the governing body to be necessary for such purpose and in the case of cities and counties, to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located in such city or county.
History:
L. 1979, ch. 186, § 10; L. 1990, ch. 66, § 52; L. 2003, ch. 116, § 17; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6111 Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements.

75-6111.
Same; purchase of insurance; interlocal agreements for purchase of insurance or pooling arrangements.
(a) A governmental entity may obtain insurance to provide for (1) its defense, (2) for its liability for claims pursuant to this act, including liability for civil rights actions as provided in K.S.A. 75-6116 and amendments thereto, (3) the defense of its employees, and (4) for medical payment insurance when purchased in conjunction with insurance authorized by (1), (2) or (3) above.
Any insurance purchased under the provisions of this section may be purchased from any insurance company or association. In the case of municipalities any such insurance may be obtained by competitive bids or by negotiation. In the case of the state, any such insurance shall be purchased in the manner and subject to the limitations prescribed by K.S.A. 75-4114, and amendments thereto, except as provided in K.S.A. 76-749, and amendments thereto. With regard to claims pursuant to the Kansas tort claims act, insurers of governmental entities may avail themselves of any defense that would be available to a governmental entity defending itself in an action within the scope of this act, except that the limitation on liability provided by subsection (a) of K.S.A. 75-6105 and amendments thereto shall not be applicable where the contract of insurance provides for coverage in excess of such limitation in which case the limitation on liability shall be fixed at the amount for which insurance coverage has been purchased or, where the governmental entity has entered into a pooling arrangement or agreement pursuant to subsection (b)(2) and has provided for coverage in excess of such limitation by ordinance or resolution of its governing body, in which case the limitation on liability shall be fixed at the amount specified in such ordinance or resolution.
(b) Pursuant to the interlocal cooperation act, municipalities may enter into interlocal agreements providing for:
(1) The purchase of insurance to provide for the defense of employees and for liability for claims pursuant to this act; or
(2) pooling arrangements or other agreements to share and pay expenditures for judgments, settlements, defense costs and other direct or indirect expenses incurred as a result of implementation of this act including, but not limited to, the establishment of special funds to pay such expenses.
History:
L. 1979, ch. 186, § 11; L. 1986, ch. 330, § 4; L. 1987, ch. 74, § 16; L. 1987, ch. 353, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6112 Same; judgments against municipalities, payment; periodic payments, conditions; interest; structured annuities.

75-6112.
Same; judgments against municipalities, payment; periodic payments, conditions; interest; structured annuities.
(a) Upon motion of a municipality against whom final judgment has been rendered for a claim within the scope of this act, the court in accordance with subsection (b) may include in such judgment a requirement that the judgment be paid in whole or in part by periodic payments. Periodic payments may be ordered paid over any period of time not exceeding 10 years. Any periodic payment upon becoming due and payable under the terms of the judgment shall constitute a separate judgment. Any judgment ordering any such payments shall specify the total amount awarded, the amount of each payment, the interval between payments and the number of payments to be paid under the judgment. Judgments paid pursuant to this section shall bear interest as provided in K.S.A. 16-204 and amendments thereto. For good cause shown, the court may modify such judgment with respect to the amount of such payments and the number of payments to be made or the interval between payments, but the total amount of damages awarded by such judgment shall not be subject to modification in any event and periodic payments shall not be ordered paid over a period in excess of 10 years. Nothing herein shall be construed to prohibit the use of structured annuities to satisfy judgments.
(b) A court may order periodic payments only if the court finds that:
(1) Payment of the judgment is not totally covered by insurance coverage obtained therefor; and
(2) funds for the current budget year and other funds of the municipality which lawfully may be utilized to pay judgments are insufficient to finance both the adopted budget of expenditures for the year and the payment of that portion of the judgment not covered by insurance obtained therefor.
History:
L. 1979, ch. 186, § 12; L. 1987, ch. 353, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6113 Moneys for payment of judgments or settlements against municipalities, sources.

75-6113.
Moneys for payment of judgments or settlements against municipalities, sources.
Payment of any judgments, compromises or settlements for which a municipality is liable pursuant to K.S.A. 75-6101 et seq., and amendments thereto, may be made from any funds or moneys of the municipality which lawfully may be utilized for such purpose or if the municipality is authorized by law to levy taxes upon property such payment may be made from moneys received from the issuance of no-fund warrants, temporary notes or general obligation bonds. Warrants or temporary notes issued under the authority of this section may mature serially at such yearly dates as to be payable by not more than 10 tax levies. Bonds issued under the authority of this section shall be issued in accordance with the provisions of the general bond law and shall be in addition to and not subject to any bonded debt limitation prescribed by any other law of this state.
History:
L. 1979, ch. 186, § 13; L. 1987, ch. 354, § 1; L. 1990, ch. 66, § 53; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6115 Claims for damages against health care providers.

75-6115. Claims for damages against health care providers.
(a) The Kansas tort claims act shall not be applicable to claims arising from the rendering of or failure to render professional services by a health care provider other than:
(1) A charitable health care provider;
(2) a hospital owned by a municipality and the employees thereof;
(3) a local health department and the employees thereof;
(4) an indigent health care clinic and the employees thereof;
(5) a district coroner or deputy district coroner appointed pursuant to K.S.A. 22a-226, and amendments thereto; or
(6) a community mental health center and the employees thereof.
(b) Claims for damages against a health care provider that is a governmental entity or an employee of a governmental entity other than those health care providers enumerated in subsection (a), arising out of the rendering of or failure to render professional services by such health care provider, may be recovered in the same manner as claims for damages against any other health care provider.
(c) As used in this section:
(1) "Indigent health care clinic" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(2) "Charitable health care provider" shall have the meaning ascribed to such term under K.S.A. 75-6102, and amendments thereto.
(3) "Health care provider" shall have the meaning ascribed to such term under K.S.A. 40-3401, and amendments thereto.
(4) "Hospital" means a medical care facility as defined in K.S.A. 65-425, and amendments thereto, and includes within its meaning any clinic, school of nursing, long-term care facility, child-care facility and emergency medical or ambulance service operated in connection with the operation of the medical care facility.
(5) "Local health department" shall have the meaning ascribed to such term under K.S.A. 65-241, and amendments thereto.
History:
L. 1979, ch. 186, § 15; L. 1982, ch. 375, § 1; L. 1989, ch. 143, § 7; L. 1990, ch. 329, § 3; L. 1993, ch. 29, § 3; L. 1993, ch. 276, § 1; L. 2016, ch. 92, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6118 Settlement of claims under other statutes.

75-6118.
Settlement of claims under other statutes.
Nothing in the Kansas tort claims act shall be construed to preclude settlement and payment of a claim pursuant to K.S.A. 46-920 or 46-922, and amendments thereto.
History:
L. 1981, ch. 360, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6119 Exception from liability for members of governing body, appointive board, commission, committee or council of a municipality.

75-6119.
Exception from liability for members of governing body, appointive board, commission, committee or council of a municipality.
(a) A member of a governing body of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or governing body.
(b) A member of any appointive board, commission, committee or council of a municipality who is acting within the scope of such member's office and without actual fraud or actual malice shall not be liable for damages caused by the negligent or wrongful act or omission of such member or board, commission, committee or council.
(c) Nothing in this section shall be construed to affect the liability of a municipality for damages caused by the negligent or wrongful act or omission of the governing body, or any appointive board, commission, committee or council, of the municipality, or any member thereof, and the negligence or wrongful act or omission of any member of such a governing body, board, commission, committee or council, when acting as such, shall be imputed to the municipality for the purpose of apportioning liability for damages to a third party pursuant to K.S.A. 60-258a and amendments thereto.
(d) This section shall be part of and supplemental to the Kansas tort claims act.
History:
L. 1987, ch. 353, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 61 - Kansas Tort Claims Act › 75-6120 Agreements for provision of gratuitous services by charitable health care providers; providers considered employees under act; rules and regulations; effect of claim on rate or cancellation of policy; reports.

75-6120. Agreements for provision of gratuitous services by charitable health care providers; providers considered employees under act; rules and regulations; effect of claim on rate or cancellation of policy; reports.
(a) The secretary of health and environment may enter into agreements with charitable healthcare providers in which such charitable healthcare provider stipulates to the secretary of health and environment that when such charitable healthcare provider renders professional services to a medically indigent person such services will be provided gratuitously. The secretary of health and environment shall adopt rules and regulations which specify the conditions for termination of any such agreement, and such rules and regulations are hereby made a part of any such agreement. A charitable healthcare provider for purposes of any claim for damages arising as a result of rendering professional services to a medically indigent person, which professional services were rendered gratuitously at a time when an agreement entered into by the charitable healthcare provider with the secretary of health and environment under this section was in effect, shall be considered an employee of the state under the Kansas tort claims act, notwithstanding the provisions of article 34 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
(b) The secretary of health and environment shall establish by rules and regulations eligibility criteria for determining whether a person qualifies as a medically indigent person.
(c) Any claim arising from the rendering of or failure to render professional services by a charitable healthcare provider brought pursuant to the Kansas tort claims act shall not be considered by an insurance company in determining the rate charged for any professional liability insurance policy for healthcare providers or whether to cancel any such policy.
(d) The secretary of health and environment shall annually report, starting on January 15, 2017, to the senate committee on public health and welfare and the house committee on health and human services which type of charitable healthcare providers have signed agreements under the act and how many are using it to provide gratuitous care.
(e) This section shall be part of and supplemental to the Kansas tort claims act.
History:
L. 1990, ch. 329, § 1; L. 1991, ch. 268, § 3; L. 2016, ch. 92, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6201 Statement of policy.

75-6201.
Statement of policy.
The purpose of this act is to establish as policy that state agencies shall cooperate in identifying debtors who owe money to the state, a foreign state agency and any municipality and that procedures be established for setting off against debtors the sum of any debt owed to the state, a foreign state agency or any municipality.
History:
L. 1981, ch. 342, § 1; L. 1993, ch. 232, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6203 Setoff, additional collection remedy; duties of creditor; rules and regulations; contribution of income.

75-6203.
Setoff, additional collection remedy; duties of creditor; rules and regulations; contribution of income.
(a) The collection remedy under this act is in addition to and not in substitution for any other remedy available by law.
(b) Each state agency, foreign state agency and municipality, whenever possible, shall obtain the full name, social security number, address and any other information required by the director of accounts and reports from any person for whom the state agency, foreign state agency or municipality provides any service or with whom the state agency, foreign state agency or municipality transacts any business and who may become a debtor under this act.
(c) Except for debts for which a voluntary agreement for payment has been entered into and is being complied with or debts for which garnishment or other judicial proceedings are pending and except as otherwise directed by the secretary of administration, the director may require any state agency to certify all debts owed to the state agency or to certify all such debts in specified categories of debts, for setoff under K.S.A. 75-6204, and amendments thereto. Any state agency required to certify debts under this subsection shall give the director all information relating to such debts as may be requested by the director.
(d) The secretary of administration as provided in K.S.A. 75-3706 and amendments thereto may adopt rules and regulations necessary to carry out the provisions of this act.
(e) The secretary of revenue may adopt rules and regulations defining the term "contribution of income" for the purposes of this act.
History:
L. 1981, ch. 342, § 3; L. 1983, ch. 289, § 3; L. 1993, ch. 232, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6205 Same; minimum debt setoff; maximum setoff against earnings.

75-6205.
Same; minimum debt setoff; maximum setoff against earnings.
(a) The director shall not effect final setoff and collect debts through use of the remedy established under this act unless the debt is equal to or greater than $25.
(b) The use of setoff against earnings of a debtor shall be subject to the same dollar limitations and dollar restrictions as are provided by law for wage garnishment. The maximum amount of the disposable earnings of an individual which will be subject to setoff to enforce any order for the support of any person shall not exceed 50% of the debtor's disposable earnings unless the state agency or municipality submits satisfactory information to the director indicating that a greater percentage is applicable and authorized by law.
History:
L. 1981, ch. 342, § 5; L. 1993, ch. 232, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6206 Same; information to director of accounts and reports; notice to debtor; amounts subject to setoff withheld.

75-6206.
Same; information to director of accounts and reports; notice to debtor; amounts subject to setoff withheld.
(a) A state agency, foreign state agency or municipality which requests the director to assist in the collection of a debt due to the state agency, foreign state agency or municipality by the utilization of setoff procedures under this act or which is required to certify debts under K.S.A. 75-6203 and amendments thereto, shall certify to the director in writing the identity of the debtor, the amount of the debt subject to setoff and other information as the director may require. The director shall cause such data to be matched to payroll, refund and other pending payment files to identify those instances where setoff procedures may be implemented. The director shall then make the following notification to the debtor in writing, either by personal delivery to the debtor or by mail. Such notification shall include:
(1) A demand for payment of the debt and a brief explanation of the legal basis of the debt;
(2) a statement of the director's intention to setoff the debt due against the debtor's earnings, refund or other payment due to the debtor from the state of Kansas or any state agency;
(3) the right of the debtor to request in writing a hearing to contest the validity of the claim, if such request is made: (A) Within 15 days of the mailing of the notice, or (B) in cases where notice was not given by mail, within 15 days of personal delivery to the debtor;
(4) a statement that a hearing may be requested by making a written request therefor to the director of accounts and reports and the address of the director; and
(5) the fact that failure to request a hearing within the fifteen-day period will be deemed a waiver of the opportunity to contest the claim causing final setoff by default.
(b) A copy of the notice required by subsection (a) to be sent to the debtor shall be sent to each state agency, foreign state agency or municipality seeking collection through setoff from the debtor. Subject to the provisions of K.S.A. 75-6205 and amendments thereto and upon request of the director, the payor agency shall withhold from the named debtor an amount equal to that claimed as the debt owed. The state agency, foreign state agency or municipality shall notify immediately the director of accounts and reports of any payments thereafter received from the named debtor or of any arrangements thereafter made for payment of the debt. Until the director of accounts and reports gives notice to the payor agency as to the final determination to proceed or not proceed with the collection of a debt by setoff, the payor agency shall continue to hold payments subject to setoff.
History:
L. 1981, ch. 342, § 6; L. 1983, ch. 289, § 4; L. 1993, ch. 232, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6207 Hearing procedure; judicial review.

75-6207.
Hearing procedure; judicial review.
(a) If the director receives a timely written request for a hearing under K.S.A. 75-6206, and amendments thereto, the director shall request a presiding officer from the office of administrative hearings who shall hold a hearing in accordance with the provisions of the Kansas administrative procedure act to determine whether the debt claim is valid. Subject to the provisions of subsection (b), the presiding officer shall determine whether the claimed sum asserted as due and owing is correct, and if not, shall order an adjustment to the debt claim which shall be forwarded to the director and to the state agency, foreign state agency or municipality to which the debt is owed. No issue may be considered at the hearing which has been previously litigated and no collateral attack on any judgment shall be permitted at the hearing. The order of the presiding officer shall inform the debtor of the amount determined as due, if any, and that setoff procedures have been ordered to proceed in accordance with this act. If the setoff is to be made against earnings of the debtor, the order shall include a statement that the setoff may be postponed in accordance with K.S.A. 75-6208, and amendments thereto. Orders under this section shall not be subject to administrative review.
(b) In cases where there is only one known present or future payment due from the state to the alleged debtor, the presiding officer may limit the hearing issue to a determination of whether the debt owed the state agency, foreign state agency or municipality is at least equal to the amount of the payment owed to the debtor by the state.
(c) Pending final determination in the order of the presiding officer of the validity of the debt asserted by the state agency, foreign state agency or municipality, no action shall be taken in furtherance of collection through the setoff procedure allowed under this act.
(d) Judicial review of an order under this section shall be in accordance with the provisions of the Kansas judicial review act. In any such review, except as provided in subsection (e), the department of administration and the secretary of administration shall not be named parties to the proceedings.
(e) Parties to an action for review of an order under this section shall be: (1) The debtor; (2) the state agency, foreign state agency or municipality which requested assistance in collecting the debt or which certified the debt; and (3) any party the district court permits to intervene in the action. Applications for a stay or other temporary remedies shall be to the district court.
History:
L. 1981, ch. 342, § 7; L. 1982, ch. 376, § 1; L. 1984, ch. 338, § 30; L. 1986, ch. 318, § 140; L. 1988, ch. 356, § 307; L. 1993, ch. 232, § 8; L. 2004, ch. 145, § 35; L. 2010, ch. 17, § 204; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6208 Same; time for final setoff; hearing.

75-6208.
Same; time for final setoff; hearing.
After notification under K.S.A. 75-6206 and amendments thereto of the right to a hearing has been given, final setoff under K.S.A. 75-6209 and amendments thereto may occur at the following applicable time:
(a) If the debtor fails to make timely request for a hearing under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after expiration of the time within which a hearing may be requested.
(b) Except as provided in subsection (c), if a hearing has been timely requested under K.S.A. 75-6206 and amendments thereto the setoff may be made by the director at any time after the presiding officer serves on the debtor an order stating the amount due under K.S.A. 75-6207 and amendments thereto.
(c) If the setoff will be applied against earnings of the debtor and the debtor, within 15 days after service of the order under K.S.A. 75-6207 and amendments thereto, files written notice with the director that the debtor is appealing the setoff to the district court, the setoff may be made at any time after 30 days from the filing of such notice, unless otherwise ordered by the district court.
History:
L. 1981, ch. 342, § 8; L. 1988, ch. 356, § 308; July 1, 1989.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6209 Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when.

75-6209. Same; final setoff; notice and accounting to debtor; hearings on further setoffs, when.
(a) In accordance with the applicable times under K.S.A. 75-6208, and amendments thereto, the director shall complete the setoff by adding and retaining the collection assistance fee permitted by K.S.A. 75-6210, and amendments thereto, and transferring the net proceeds collected for credit or payment and by refunding any outstanding balance to the debtor.
(b) Upon completing the setoff, the director shall notify the debtor in writing of the action taken along with an accounting of the action taken. If there is an outstanding balance after setoff, the notice under this section shall accompany the balance when refunded.
(c) When a setoff is completed against earnings of an employee for any pay period and the setoff does not fully liquidate the debt due, further setoff in subsequent pay periods may be made without further certifications or notice to the debtor, except that the director shall notify the debtor in writing of the action taken and give an accounting thereof. The debtor may request an opportunity for hearing in regard to any further setoff in subsequent pay periods by making a written request therefor to the director. Any such request shall not stay future setoffs, but such hearing shall be held within a reasonable time, not to exceed 15 days after the request, unless a longer time has been agreed to by the debtor. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Orders resulting from hearings under this subsection shall not be subject to administrative review.
History:
L. 1981, ch. 342, § 9; L. 1988, ch. 356, § 309; L. 2015, ch. 53, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 62 - Setoff Against Debtors Of The State, Municipalities And Certain Foreign States › 75-6211 Same; priority of claims.

75-6211.
Same; priority of claims.
The priority in multiple claims by state agencies, foreign state agencies and municipalities for setoff under the provisions of this act shall be according to the following priority of claims:
(a) Collection of taxes owed to agencies of the state of Kansas;
(b) claims for collection of intrastate and interstate child support debts;
(c) claims for collection of debts which have been written off by assignment to the director;
(d) other claims according to the time of filing with the director under K.S.A. 75-6208 and amendments thereto; and
(e) notwithstanding subsection (d), claims for collection of tax liabilities of other states shall have last priority according to the time of filing with the director under K.S.A. 75-6208, and amendments thereto.
History:
L. 1981, ch. 342, § 11; L. 1993, ch. 232, § 10; July 1.