reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7206 Judicial chief information technology officer; duties.

75-7206. Judicial chief information technology officer; duties.
(a) There is hereby established within and as a part of the office of the state judicial administrator the position of judicial chief information technology officer. The judicial chief information technology officer shall be appointed by the judicial administrator, subject to approval of the chief justice, and shall receive compensation determined by the judicial administrator, subject to approval of the chief justice.
(b) The judicial chief information technology officer shall:
(1) Review and consult with each judicial agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A. 75-7209, and amendments thereto, to determine whether the agency has complied with:
(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(B) the information technology architecture adopted by the information technology executive council;
(C) the standards for data management adopted by the information technology executive council; and
(D) the strategic information technology management plan adopted by the information technology executive council;
(2) report to the chief information technology architect all deviations from the state information architecture that are reported to the judicial information technology officer by judicial agencies;
(3) submit recommendations to the judicial administrator as to the technical and management merit of information technology projects and information technology project changes and overruns submitted by judicial agencies that are reportable pursuant to K.S.A. 75-7209, and amendments thereto;
(4) monitor judicial agencies' compliance with:
(A) The information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(B) the information technology architecture adopted by the information technology executive council;
(C) the standards for data management adopted by the information technology executive council; and
(D) the strategic information technology management plan adopted by the information technology executive council;
(5) coordinate implementation of new information technology among judicial agencies and with the executive and legislative chief information technology officers;
(6) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the judicial branch of state government; and
(7) perform such other functions and duties as provided by law or as directed by the judicial administrator.
History:
L. 1998, ch. 182, § 6; L. 2023, ch. 75, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7207 Legislative chief information technology officer.

75-7207.
Legislative chief information technology officer.
(a) There is hereby established the position of legislative chief information technology officer under the legislative coordinating council.
(b) The legislative chief information technology officer shall be appointed by the legislative coordinating council. The joint committee may recommend one or more persons for consideration by the legislative coordinating council in making the appointment.
(c) The legislative chief information technology officer shall receive such compensation as determined by the legislative coordinating council and may be removed by a vote of five members of the legislative coordinating council taken at any regular meeting of the council.
(d) The legislative chief information technology officer shall receive expenses and allowances for in-state and out-of-state travel as is provided by law for members of the legislature. The provisions of K.S.A. 75-3208, and amendments thereto, shall not apply to any such travel.
(e) The legislative chief information technology officer shall be in the unclassified service under the Kansas civil service act.
History:
L. 1998, ch. 182, § 7; May 21.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7208 Legislative chief information technology officer; powers and duties.

75-7208. Legislative chief information technology officer; powers and duties.
The legislative chief information technology officer shall:
(a) Review and consult with each legislative agency regarding information technology plans, deviations from the state information technology architecture, information technology project estimates and information technology project changes and overruns submitted by such agency pursuant to K.S.A. 75-7209, and amendments thereto, to determine whether the agency has complied with the:
(1) Information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(2) information technology architecture adopted by the information technology executive council;
(3) standards for data management adopted by the information technology executive council; and
(4) strategic information technology management plan adopted by the information technology executive council;
(b) report to the chief information technology architect all deviations from the state information architecture that are reported to the legislative information technology officer by legislative agencies;
(c) submit recommendations to the legislative coordinating council as to the technical and management merit of information technology projects and information technology project changes and overruns submitted by legislative agencies that are reportable pursuant to K.S.A. 75-7209, and amendments thereto;
(d) monitor legislative agencies' compliance with the:
(1) Information technology resource policies and procedures and project management methodologies adopted by the information technology executive council;
(2) information technology architecture adopted by the information technology executive council;
(3) standards for data management adopted by the information technology executive council; and
(4) strategic information technology management plan adopted by the information technology executive council;
(e) coordinate implementation of new information technology among legislative agencies and with the executive and judicial chief information technology officers;
(f) designate the ownership of information resource processes and the lead agency for implementation of new technologies and networks shared by multiple agencies within the legislative branch of state government;
(g) serve as staff of the joint committee; and
(h) perform such other functions and duties as provided by law or as directed by the legislative coordinating council or the joint committee.
History:
L. 1998, ch. 182, § 8; L. 2023, ch. 75, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7210 Same; reports to legislative branch.

75-7210. Same; reports to legislative branch.
Not later than November 1 of each year, the executive, judicial and legislative chief information technology officers shall submit to the joint committee and to the legislative research department all information technology project budget estimates and amendments and revisions thereto, all three-year plans and all deviations from the state information technology architecture submitted to such officers pursuant to K.S.A. 75-7209, and amendments thereto. The joint committee shall review all such estimates and amendments and revisions thereto, plans and deviations and shall make recommendations to the house standing committee on appropriations and the senate standing committee on ways and means regarding the merit thereof and appropriations therefor.
History:
L. 1998, ch. 182, § 10; L. 2001, ch. 25, § 1; L. 2023, ch. 75, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7211 Same; legislative oversight.

75-7211. Same; legislative oversight.
(a) The joint committee shall monitor state agency execution of reported information technology projects. The joint committee shall require the three chief information technology officers to report progress regarding the implementation of such projects and all proposed expenditures therefor, including all revisions to such proposed expenditures for the current fiscal year and for ensuing fiscal years.
(b) For information technology projects, the joint committee may:
(1) Require the head of any state agency with primary responsibility for an information technology project to advise and consult on the status and progress of such information technology project, including revisions to expenditures for the current fiscal year and ensuing fiscal years; and
(2) report on the status and progress of such information technology projects to the senate standing committee on ways and means, the house of representatives standing committee on appropriations and the legislative budget committee.
(c) Prior to authorizing or approving any information technology project change or overrun, the head of a state agency with primary responsibility for such information technology project shall report all such information technology project changes or overruns to the joint committee through the chief information technology officer of the branch of state government of which the agency is a part pursuant to the information technology executive council's policy. The joint committee shall report all such changes and overruns to the senate standing committee on ways and means, the house of representatives standing committee on appropriations and the legislative budget committee.
History:
L. 1998, ch. 182, § 11; L. 2023, ch. 75, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7222 Same; definitions.

75-7222. Same; definitions.
As used in this act, unless the context requires otherwise:
(a) "Board" means the state board of regents.
(b) "Broadband technology-based video communication" means a class of communications technologies which may include switched ethernet services, DSL, cable modem, private line service, multiprotocol label switching (MPLS) based networks, managed or dedicated internet technologies and other future technologies capable of supporting such applications.
(c) "Hospital" means a licensed hospital, as defined in K.S.A. 65-425, and amendments thereto.
(d) "Library" means: (1) The state library; (2) any public library established and operating under the laws of this state; or (3) any regional system of cooperating libraries, as defined in K.S.A. 75-2548, and amendments thereto.
(e) "Program" means the KAN-ED program created pursuant to this act to facilitate schools', libraries' and hospitals' use of broadband technology-based video communication for distance learning and telemedicine.
(f) "School" means: (1) Any unified school district, school district interlocal cooperative, school district cooperative or nonpublic school accredited by the state board of education; or (2) any community college, technical college, the institute of technology at Washburn university or Kansas educational institution, as defined in K.S.A. 74-32,120, and amendments thereto.
History:
L. 2001, ch. 136, § 2; L. 2011, ch. 97, § 46; L. 2012, ch. 173, § 4; June 7.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7223 Same; purpose of act; program limitations.

75-7223. Same; purpose of act; program limitations.
(a) The purpose of this act is to provide for a broadband technology-based program to facilitate use of broadband technology-based video communication for distance learning and telemedicine by schools, libraries and hospitals.
(b) To carry out the purpose of this act, the state board of regents may contract in accordance with this act for goods and services necessary to administer such program.
(c) The program shall not provide for: (1) Impairment of any existing contract for the provision of telecommunications services or internet services to any school, library or hospital; (2) state ownership or construction of any network facilities other than those owned or being constructed by the state on the effective date of this act; (3) switched voice access, except to the extent switched access is being provided by state-owned, leased or operated facilities as of the effective date of this act; (4) transmission of voice over internet or voice over internet protocol, except to the extent necessary to facilitate interactive two-way video; (5) content; or (6) use of the program for purposes inconsistent with the purposes of this act.
History:
L. 2001, ch. 136, § 3; L. 2008, ch. 133, § 1; L. 2012, ch. 173, § 5; June 7.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7225 Same; KAN-ED fund created.

75-7225.
Same; KAN-ED fund created.
(a) There is hereby created in the state treasury the KAN-ED fund. The board shall remit to the state treasurer all moneys received by or on behalf of the board for the purposes of this act. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the KAN-ED fund.
(b) Moneys in the KAN-ED fund shall be expended only for the purposes of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the KAN-ED fund interest earnings based on:
(1) The average daily balance of moneys in the fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the KAN-ED 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 board or the chairperson's designee for the purposes set forth in this section.
History:
L. 2001, ch. 136, § 5; April 26.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7226 Same; annual report.

75-7226. Same; annual report.
(a) On or before January 15 of each year, the board shall publish an annual report and shall present the report to the legislature, governor and department of education. The report shall set forth in detail the operations and transactions conducted by the board pursuant to this act. The annual report shall specifically account for the ways in which the purpose of this act have been carried out, and the recommendations shall specifically note what changes are necessary to better address the purposes described in this act.
(b) On or before January 15, 2013, the board shall report to the senate standing committees on utilities and ways and means, the house standing committees on energy and utilities and appropriations and the joint committee on information technology. Such report shall include:
(1) Distance learning and telemedicine usage;
(2) options for a shared resource fee structure for schools, libraries and hospitals for distance learning and telemedicine usage;
(3) options to fund the KAN-ED program for fiscal year 2014;
(4) the standards and methods established by the board pursuant to subsection (c) [(d)] of K.S.A. 75-7224, and amendments thereto; and
(5) the plan developed by the board pursuant to subsection (d) [(e)] of K.S.A. 75-7224, and amendments thereto.
History:
L. 2001, ch. 136, § 6; L. 2005, ch. 192, § 2; L. 2012, ch. 173, § 7; June 7.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7227 Same; severability.

75-7227.
Same; severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2001, ch. 136, § 7; April 26.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7236 Kansas cybersecurity act.

75-7236. Kansas cybersecurity act.
K.S.A. 75-7236 through 75-7243, and amendments thereto, shall be known and may be cited as the Kansas cybersecurity act.
History:
L. 2018, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7237 Definitions.

75-7237. Definitions.
As used in K.S.A. 75-7236 through 75-7243, and amendments thereto:
(a) "Act" means the Kansas cybersecurity act.
(b) "Breach" or "breach of security" means unauthorized access of data in electronic form containing personal information. Good faith access of personal information by an employee or agent of an executive branch agency does not constitute a breach of security, provided that the information is not used for a purpose unrelated to the business or subject to further unauthorized use.
(c) "CISO" means the executive branch chief information security officer.
(d) "Cybersecurity" is the body of information technologies, processes and practices designed to protect networks, computers, programs and data from attack, damage or unauthorized access.
(e) "Cybersecurity positions" do not include information technology positions within executive branch agencies.
(f) "Data in electronic form" means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices.
(g) "Executive branch agency" means any agency in the executive branch of the state of Kansas, but does not include elected office agencies, the adjutant general's department, the Kansas public employees retirement system, regents' institutions, or the board of regents.
(h) "KISO" means the Kansas information security office.
(i) (1) "Personal information" means:
(A) An individual's first name or first initial and last name, in combination with at least one of the following data elements for that individual:
(i) Social security number;
(ii) driver's license or identification card number, passport number, military identification number or other similar number issued on a government document used to verify identity;
(iii) financial account number or credit or debit card number, in combination with any security code, access code or password that is necessary to permit access to an individual's financial account;
(iv) any information regarding an individual's medical history, mental or physical condition or medical treatment or diagnosis by a healthcare professional; or
(v) an individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual; or
(B) a user name or email address, in combination with a password or security question and answer that would permit access to an online account.
(2) "Personal information" does not include information:
(A) About an individual that has been made publicly available by a federal agency, state agency or municipality; or
(B) that is encrypted, secured or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable.
(j) "State agency" means the same as defined in K.S.A. 75-7201, and amendments thereto.
History:
L. 2018, ch. 97, § 2; L. 2023, ch. 75, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7238 Executive branch chief information security officer; duties.

75-7238. Executive branch chief information security officer; duties.
(a) There is hereby established the position of executive branch chief information security officer. The CISO shall be in the unclassified service under the Kansas civil service act, shall be appointed by the governor and shall receive compensation in an amount fixed by the governor.
(b) The CISO shall:
(1) Report to the executive branch chief information technology officer;
(2) serve as the state's CISO;
(3) serve as the executive branch chief cybersecurity strategist and authority on policies, compliance, procedures, guidance and technologies impacting executive branch cybersecurity programs;
(4) ensure Kansas information security office resources assigned or provided to executive branch agencies are in compliance with applicable laws and rules and regulations;
(5) coordinate cybersecurity efforts between executive branch agencies;
(6) provide guidance to executive branch agencies when compromise of personal information or computer resources has occurred or is likely to occur as the result of an identified high-risk vulnerability or threat;
(7) set cybersecurity policy and standards for executive branch agencies; and
(8) perform such other functions and duties as provided by law and as directed by the executive chief information technology officer.
History:
L. 2018, ch. 97, § 3; L. 2023, ch. 75, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7241 Fingerprints; criminal history record check; certain employees or contractors.

75-7241. Fingerprints; criminal history record check; certain employees or contractors.
(a) An executive branch agency head, with input from the CISO, may require employees or contractors of executive branch agencies, whose duties include collection, maintenance or access to personal information, to be fingerprinted and to submit to a state and national criminal history record check at least every five years.
(b) The fingerprints shall be used to identify the employee and to determine whether the employee or other such person has a record of criminal history in this state or another jurisdiction. The executive director or agency head shall submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The executive director or agency head may use the information obtained from fingerprinting and the criminal history record check for purposes of verifying the identity of the employee or other such person and in the official determination of the qualifications and fitness of the employee or other such person to work in the position with access to personal information.
(c) Local and state law enforcement officers and agencies shall assist the executive director or agency head in the taking and processing of fingerprints of employees or other such persons. Local law enforcement officers and agencies may charge a fee as reimbursement for expenses incurred in taking and processing fingerprints under this section, to be paid by the executive branch agency employing or contracting the individual required to submit to fingerprinting and a criminal history record check.
History:
L. 2018, ch. 97, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7242 Confidentiality of information collected that places the organization at risk; exceptions.

75-7242. Confidentiality of information collected that places the organization at risk; exceptions.
Information collected to effectuate this act shall be considered confidential by all state and local governmental organizations unless all data elements or information that specifically identifies a target, vulnerability or weakness that would place the organization at risk have been redacted, including: (a) System information logs; (b) vulnerability reports; (c) risk assessment reports; (d) system security plans; (e) detailed system design plans; (f) network or system diagrams; and (g) audit reports.
History:
L. 2018, ch. 97, § 7; L. 2023, ch. 75, § 16; L. 2023, ch. 91, § 7; July 1.
Section was also amended by L. 2023, ch. 25, § 9, but that version was repealed by L. 2023, ch. 91, § 9.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 72 - Information Technology › 75-7243 Cybersecurity service costs; special assessments and fees; rules and regulations.

75-7243. Cybersecurity service costs; special assessments and fees; rules and regulations.
Executive branch agencies may pay for cybersecurity services from existing budgets, from grants or other revenues, or through a special assessment to offset costs. Any executive branch agency's increase in fees or charges related to this act, including cybersecurity fees charged by the KISO, shall be fixed by rules and regulations adopted by the agency and shall be used only for cybersecurity and no other purpose. Service or transactions with an applied cybersecurity cost recovery fee may indicate the portion of the fee dedicated to cybersecurity on all receipts and transaction records.
History:
L. 2018, ch. 97, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7301 State long-term care ombudsman; office attached to department of administration; technical and other assistance; authority of ombudsman; budget estimates and expenditures.

75-7301.
State long-term care ombudsman; office attached to department of administration; technical and other assistance; authority of ombudsman; budget estimates and expenditures.
(a) The office of the state long-term care ombudsman is hereby attached to the department of administration. The office of the state long-term care ombudsman shall be in Topeka, Kansas. The secretary of administration shall provide such technical assistance and advice as the secretary deems reasonable and necessary to assist the state long-term care ombudsman office to function as an independent state agency. The secretary of administration and the department of administration shall have no authority over the state long-term care ombudsman, any regional long-term care ombudsman, any other ombudsman, including any volunteer ombudsman, or any other officer, employee or volunteer of the office of the state long-term care ombudsman with respect to the performance of any power, duty or function of the office or the exercise of any other authority of the office or the state long-term care ombudsman.
(b) For the fiscal year ending June 30, 2000, and for each fiscal year thereafter, the secretary of administration shall include the budget estimate of the office of the state long-term care ombudsman, as prepared and approved by the state long-term care ombudsman, along with the budget estimate prepared and submitted to the division of the budget for the department of administration under K.S.A. 75-3717, and amendments thereto. The budget estimate of the office of the state long-term care ombudsman for each such fiscal year shall be prepared at the direction and under the supervision of the state long-term care ombudsman. Expenditures from appropriations to the department of administration for the office of the state long-term care ombudsman, made pursuant to budget estimates for the office, shall be made on vouchers approved by the state long-term care ombudsman or the state long-term care ombudsman's designee. All vouchers for expenditures and all payrolls of the office of the state long-term care ombudsman shall be approved by the state long-term care ombudsman or the state long-term care ombudsman's designee.
History:
L. 1998, ch. 101, § 1; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7305 State long-term care ombudsman duties; avoidance of conflicts of interest; availability of legal counsel; resources to provide remedies; contracts for services, limitation, bidding exemption; grants and donations.

75-7305.
State long-term care ombudsman duties; avoidance of conflicts of interest; availability of legal counsel; resources to provide remedies; contracts for services, limitation, bidding exemption; grants and donations.
(a) The state long-term care ombudsman shall ensure that:
(1) No individual involved in the authorization of any individual to represent the office as an ombudsman or a volunteer ombudsman is subject to a conflict of interest;
(2) no officer, employee or other representative of the office is subject to a conflict of interest;
(3) policies and procedures are in place to identify and remedy all conflicts of interest specified under paragraphs (1) and (2);
(4) legal counsel is available to the office for advice and consultation and that legal representation is provided to any ombudsman against whom suit or other legal action is brought in connection with the performance of the ombudsman's official duties; and
(5) the office has the ability to pursue administrative, legal and other appropriate remedies on behalf of residents of facilities.
(b) The state long-term care ombudsman may enter into contracts with service providers to provide investigative, legal, public education, training or other services as may be required to assist the state long-term care ombudsman in providing ombudsman services to residents of facilities or as otherwise required to carry out the powers, duties and functions of the office. Contracts entered into under this subsection shall not be subject to the competitive bidding requirements of K.S.A. 75-3739, and amendments thereto. No contract may be entered into by the state long-term care ombudsman to privatize the office or to otherwise provide that all or substantially all of the ombudsman services or functions of the office are to be performed by one or more service providers.
(c) For the purposes of carrying out the powers and duties of the office of the state long-term care ombudsman, the state long-term care ombudsman may request and accept a grant or donation from any person, firm, association or corporation or from any federal, state or local governmental agency and may enter into contracts or other transactions with any such person or entity in connection with the grant or donation.
History:
L. 1990, ch. 328, § 2; L. 1998, ch. 101, § 6; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7307 Training requirement for investigation of complaints.

75-7307.
Training requirement for investigation of complaints.
No individual shall investigate any complaint filed with the office of the state long-term care ombudsman unless the individual has received the training required under subsection (f) of K.S.A. 75-7306, and amendments thereto, and has been designated by the state long-term care ombudsman as an ombudsman or a voluntary ombudsman qualified to investigate such complaints.
History:
L. 1990, ch. 328, § 3; L. 1998, ch. 101, § 8; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7308 Ombudsman right of entry to facilities; access to patients.

75-7308.
Ombudsman right of entry to facilities; access to patients.
(a) An ombudsman or a volunteer ombudsman is hereby authorized to enter any facility and any area within such facility at any time with or without prior notice and shall have access to the residents of a facility at all times.
(b) An ombudsman or a volunteer ombudsman shall notify immediately the person in charge of a facility upon arrival and shall present appropriate identification.
(c) Residents shall have the right to request, deny or terminate visits with an ombudsman or a volunteer ombudsman.
History:
L. 1980, ch. 291, § 4; L. 1998, ch. 101, § 9; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7309 Ombudsman access to records and documents concerning residents.

75-7309. Ombudsman access to records and documents concerning residents.
(a) With the consent of the resident of the facility, the resident representative or next of kin of a deceased resident, an ombudsman shall have access to all records and documents kept for or concerning the resident.
(b) An ombudsman shall have access to all records and documents kept for or concerning a resident (1) in any case in which the resident is unable to consent and there is no resident representative, and (2) in a case in which (A) access to the records and documents is necessary to investigate a complaint, (B) the resident is unable to consent and the resident representative refuses to give permission for such access, (C) the investigating ombudsman has reasonable cause to believe that the resident representative is not acting in the best interests of the resident, and (D) the state long-term care ombudsman has approved such access by the investigating ombudsman.
(c) In addition, in assisting a resident of a facility, an ombudsman or volunteer ombudsman shall have access to all administrative records, policies and documents of the facility that the residents have or the general public has access to that are relevant to such assistance to the extent necessary to carry out the provisions of the long-term care ombudsman act.
History:
L. 1980, ch. 291, § 5; L. 1990, ch. 328, § 9; L. 1998, ch. 101, § 10; L. 2018, ch. 38, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7310 Confidentiality of information, records and reports; reports of health and safety of residents to state officials; summary report and publication on website.

75-7310. Confidentiality of information, records and reports; reports of health and safety of residents to state officials; summary report and publication on website.
All information, records and reports received by or developed by an ombudsman or a volunteer ombudsman which relate to a resident of a facility, including written material identifying a resident or other complainant, are confidential and not subject to the provisions of K.S.A. 45-215 through 45-226, and amendments thereto, and shall not be disclosed or released by an ombudsman or a volunteer ombudsman, either by name of the resident or other complainant or of facts which allow the identity of the resident or other complainant to be inferred, except upon the order of a court or unless the resident or the resident's legal representative consents in writing to such disclosure or release by an ombudsman or a volunteer ombudsman, except the state long-term care ombudsman shall forward to the secretary for aging and disability services a quarterly summary report relating to the health and safety of residents, complaints reported and resolutions to complaints. A summary report may be posted on the state long-term care ombudsman program website quarterly, exclusive of information or material that identifies residents or any other individuals.
History:
L. 1980, ch. 291, § 6; L. 1990, ch. 328, § 10; L. 1998, ch. 101, § 11; L. 2005, ch. 56, § 2; L. 2014, ch. 115, § 406; L. 2018, ch. 38, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7311 Ombudsman access to certain records and documents of department of health and environment, department for children and families and department for aging and disability services.

75-7311. Ombudsman access to certain records and documents of department of health and environment, department for children and families and department for aging and disability services.
An ombudsman shall have access to all records and documents kept by the department of health and environment, the Kansas department for children and families and the Kansas department for aging and disability services which relate to facilities and concern the following matters: (a) Licensure of facilities; (b) certification of facilities; (c) public funding reimbursement for care of residents of facilities; (d) utilization and medical review records; and (e) complaints regarding care of residents of facilities. The provisions of this section shall not apply to a volunteer ombudsman.
History:
L. 1980, ch. 291, § 7; L. 1998, ch. 101, § 12; L. 2014, ch. 115, § 407; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7312 Ombudsman not liable for good faith performance of duties.

75-7312.
Ombudsman not liable for good faith performance of duties.
No ombudsman or volunteer ombudsman shall be liable for the good faith performance of official duties.
History:
L. 1990, ch. 328, § 4; L. 1998, ch. 101, § 13; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7313 Interference with lawful action or activity of ombudsman prohibited; action against individuals for communications with ombudsman prohibited; misdemeanor violation.

75-7313.
Interference with lawful action or activity of ombudsman prohibited; action against individuals for communications with ombudsman prohibited; misdemeanor violation.
(a) No person shall willfully interfere with any lawful action or activity of an ombudsman or a volunteer ombudsman, including the request for immediate entry into a facility.
(b) No person shall take any discriminatory, disciplinary or retaliatory action against any officer or employee of a facility or against any resident or any guardian or family member thereof for any communication by any such individual with an ombudsman or a volunteer ombudsman or for any information given or disclosed by such individual in good faith to aid the office in carrying out its duties and responsibilities.
(c) Any person that violates the provisions of subsection (a) or the provisions of subsection (b) shall be guilty of a class C misdemeanor.
History:
L. 1990, ch. 328, § 5; L. 1998, ch. 101, § 14; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 73 - State Long-term Care Ombudsman › 75-7314 Short title.

75-7314.
Short title.
The provisions of K.S.A. 75-7301 through 75-7314, and amendments thereto, shall be known and may be cited as the long-term care ombudsman act.
History:
L. 1990, ch. 328, § 1; L. 1998, ch. 101, § 15; June 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 74 - Kansas Health Policy Authority › 75-7403 Secretary of health and environment; policies; rules and regulations; contracts; advisory committees.

75-7403. Secretary of health and environment; policies; rules and regulations; contracts; advisory committees.
(a) The secretary of health and environment is hereby authorized to establish policies and to adopt rules and regulations for the implementation and administration of the powers, duties and functions prescribed for or transferred to the department as provided by law.
(b) The secretary of health and environment may enter into contracts as may be necessary to perform the powers, duties and functions of [the] department and as provided by law. As provided by this act or as otherwise the secretary of health and environment may enter into contracts with other state agencies or with local governmental entities for the coordination of health services, including care and prevention programs and activities, and public health programs.
(c) The secretary of health and environment may appoint advisory committees as deemed necessary by the secretary. The advisory committees shall consult with and advise the secretary of health and environment regarding the matters referred thereto by the department. Members of any advisory committee created under this section attending meetings of such committee or attending a subcommittee meeting thereof authorized by such committee shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto, but shall receive no compensation for services as members of such advisory committee.
History:
L. 2005, ch. 187, § 3; L. 2012, ch. 102, § 36; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 74 - Kansas Health Policy Authority › 75-7404 Department of health and environment; coordinated health policy agenda; purpose of powers, duties and functions.

75-7404. Department of health and environment; coordinated health policy agenda; purpose of powers, duties and functions.
The department of health and environment shall develop and maintain a coordinated health policy agenda that combines effective purchasing and administration of health care with health promotion oriented public health strategies. The powers, duties and functions of the department of health and environment are intended to be exercised to improve the health of the people of Kansas by increasing the quality, efficiency and effectiveness of health services and public health programs.
History:
L. 2005, ch. 187, § 5; L. 2012, ch. 102, § 37; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 74 - Kansas Health Policy Authority › 75-7408 Powers, duties and functions, exceptions.

75-7408. Powers, duties and functions, exceptions.
(a) The department of health and environment shall coordinate health care planning, administration, and purchasing and analysis of health data for the state of Kansas with respect to the following health programs administered by the state of Kansas:
(1) Developing, implementing, and administering programs that provide medical assistance, health insurance programs, or waivers granted thereunder for persons who are needy, uninsured, or both, and that are financed by federal funds or state funds, or both, including the following:
(A) The Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto;
(B) the health benefits program for children established under K.S.A. 38-2001 et seq., and amendments thereto, and developed and submitted in accordance with federal guidelines established under title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto;
(C) any program of medical assistance for needy persons financed by state funds only, to the extent appropriations are made for such a program;
(D) the working healthy portion of the ticket to work program under the federal work incentive improvement act and the medicaid infrastructure grants received for the working healthy portion of the ticket to work program; and
(E) the medicaid management information system (MMIS);
(2) the restrictive drug formulary, the drug utilization review program, including oversight of the medicaid drug utilization review board, and the electronic claims management system as provided in K.S.A. 39-7,116 through 39-7,121 and K.S.A. 39-7,121a through 39-7,121e, and amendments thereto; and
(3) administering any other health programs delegated to the department of health and environment by the governor or by a contract with another state agency.
(b) Except to the extent required by its single state agency role as designated in K.S.A. 75-7409, and amendments thereto, or as otherwise provided pursuant to this act the department of health and environment shall not be responsible for health care planning, administration, purchasing and data with respect to the following:
(1) The mental health reform act, K.S.A. 39-1601 et seq., and amendments thereto;
(2) the developmental disabilities reform act, K.S.A. 39-1801 et seq., and amendments thereto;
(3) the mental health program of the state of Kansas as prescribed under K.S.A. 75-3304a, and amendments thereto;
(4) the addiction and prevention services prescribed under K.S.A. 65-4001 et seq., and amendments thereto; or
(5) any institution, as defined in K.S.A. 76-12a01, and amendments thereto.
History:
L. 2005, ch. 187, § 9; L. 2005, ch. 187, § 41; L. 2007, ch. 177, § 4; L. 2008, ch. 164, § 23; L. 2012, ch. 102, § 39; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 74 - Kansas Health Policy Authority › 75-7409 State plan for medical assistance, designated agency; cooperation with federal government.

75-7409. State plan for medical assistance, designated agency; cooperation with federal government.
(a) The department of health and environment shall be designated as the single state agency with responsibility for supervising and administering the state plan for medical assistance under the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto. The department of health and environment shall develop state plans, as provided under the federal social security act, whereby the state cooperates with the federal government in its program of assisting the states financially in furnishing medical assistance and services to eligible individuals.
(b) The department of health and environment shall undertake to cooperate with the federal government on any other federal program providing federal financial assistance and services for medical assistance not inconsistent with this act. The department of health and environment is not required to develop a state plan for participation or cooperation in all federal social security act programs relating to medical assistance or other available federal programs that relate to medical assistance.
History:
L. 2005, ch. 187, § 10; L. 2005, ch. 187, § 42; L. 2012, ch. 102, § 40; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 74 - Kansas Health Policy Authority › 75-7410 State plan for medical assistance and services without federal participation.

75-7410. State plan for medical assistance and services without federal participation.
The department of health and environment shall have the power, but is not required, to develop a state plan with regard to medical assistance and services in which the federal government does not participate, within the limits of appropriations therefor.
History:
L. 2005, ch. 187, § 11; L. 2005, ch. 187, § 43; L. 2012, ch. 102, § 41; July 1.