reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,256 Same; division successor to property and rights; conflict resolution.

65-1,256. Same; division successor to property and rights; conflict resolution.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The division of health care finance in the department of health and environment shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the division of health care finance in the department of health and environment. Any conflict as to the proper disposition of property, personnel or records arising under K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History:
Executive Reorganization Order No. 38, § 5; L. 2011, ch. 134, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,257 Transition; preservation of civil actions and proceedings; no abatement of criminal actions.

65-1,257. Transition; preservation of civil actions and proceedings; no abatement of criminal actions.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 65-1,252 through 65-1,258, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 65-1,252 through 65-1,258, and amendments thereto.
History:
Executive Reorganization Order No. 38 § 6; L. 2011, ch. 134, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,258 Same; transfer of officers and employees; preservation of civil service rights; retirement benefits, leave balances and other rights.

65-1,258. Same; transfer of officers and employees; preservation of civil service rights; retirement benefits, leave balances and other rights.
(a) All officers and employees of the Kansas health policy authority who, immediately prior to the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, as well as all officers and employees of the Kansas health policy authority who are determined by the director of health care finance of the department of health and environment to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are hereby transferred to the division of health care finance of the department of health and environment. All classified officers and employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the Kansas health policy authority transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall affect the classified status of any transferred person employed by the Kansas health policy authority prior to the date of transfer.
(c) Notwithstanding the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, prescribing the transfer of officers and employees from the Kansas health policy authority abolished by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, to the division of health care finance of the department of health and environment established by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History:
Executive Reorganization Order No. 38, § 7; L. 2011, ch. 134, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 1 - Secretary Of Health And Environment, Activities › 65-1,261 State palliative care consumer and professional information and education program; creation; duties of department of health and environment.

65-1,261. State palliative care consumer and professional information and education program; creation; duties of department of health and environment.
(a) There is hereby created the state palliative care consumer and professional information and education program in the department of health and environment. The purpose of the state palliative care consumer and professional information and education program is to maximize the effectiveness of palliative care initiatives in the state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers and health care facilities.
(b) The department of health and environment:
(1) Shall publish information and resources on its website, including links to external resources, about palliative care for the public, health care providers and health care facilities. The information shall include, but not be limited to, the following:
(A) Continuing education opportunities for health care providers;
(B) information about palliative care delivery in home, primary, secondary and tertiary environments; and
(C) consumer educational materials and referral information for palliative care, including hospice;
(2) may develop and implement any other initiatives regarding palliative care services and education that it determines would further the purposes of this section; and
(3) shall consult with the palliative care and quality of life interdisciplinary advisory council.
(c) "Palliative care" shall have the meaning ascribed to it in K.S.A. 65-1,260, and amendments thereto.
History:
L. 2018, ch. 66, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-203 Obstetrical patients.

65-203.
Obstetrical patients.
County boards of health may make a special contract with the state board of regents for the care and maintenance in the hospital conducted by the said board of regents in connection with the state university, of such obstetrical patients as are public charges in their respective institutions: Provided, It is necessary to secure professional attention other than that furnished by the institutions of which such public charges are inmates.
History:
R.S. 1923, 65-203; December 27.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-206 Treasurer; election; term; bond; moneys.

65-206.
Treasurer; election; term; bond; moneys.
It shall be the duty of the joint board of health to elect a treasurer, who shall be a member of such board, for such term as may be agreed upon under the authority of K.S.A. 65-205. The treasurer shall hold office for the term for which he is elected and until his successor is elected and qualified, and shall give bond to be approved by the governing bodies of the contracting municipalities for the safekeeping and due disbursement of all funds that may come into his hands. All money provided for health, mental health, and sanitation purposes by the contracting municipalities shall, when collected, be paid over to the treasurer of said board in an amount not exceeding that budgeted by the municipalities for such purposes. The joint board of health shall have the exclusive control over the expenditure of all moneys paid to the credit of its treasurer for health, mental health, and sanitation purposes, and the treasurer shall receive and pay out all the moneys under the control of said board as ordered by it.
History:
L. 1943, ch. 223, § 2; L. 1961, ch. 282, § 2; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-207 Reports to governing body.

65-207.
Reports to governing body.
The joint board of health, during the month of January of each year, shall file with the governing body of each contracting municipality a report of its activities and a statement of all receipts and expenditures during the preceding year.
History: L. 1943, ch. 223, § 3; March 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-208 Health and sanitation; tax levies, use of proceeds.

65-208.
Health and sanitation; tax levies, use of proceeds.
The contracting municipalities may levy taxes for health and sanitation purposes and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county as may be provided by law except that the amounts to be budgeted for such purposes by each contracting municipality shall be fixed by agreement after taking into consideration the population of each and any other factors which would necessarily increase or diminish the costs to be borne by it in the absence of agreement to establish such joint board of health.
History:
L. 1943, ch. 223, § 4; L. 1979, ch. 52, § 158; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-209 Withdrawal; notice.

65-209.
Withdrawal; notice.
If the governing body of any city or county which has entered into an agreement to establish a joint board of health shall adopt a resolution declaring its intention to withdraw from such agreement and joint board of health, and shall give written notice thereof on or before July 15, of any fiscal year to each municipality which is a party to the agreement, such city or county may withdraw from such joint board of health and agreement at the end of such fiscal year.
History: L. 1943, ch. 223, § 5; March 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-210 Same; moneys.

65-210.
Same; moneys.
Any money remaining in the hands of the treasurer of the joint board of health, upon its dissolution by the contracting parties, shall be repaid to the respective treasurers of the contracting municipalities in the proportion in which such municipalities contributed during the last fiscal year.
History: L. 1943, ch. 223, § 6; March 29.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-213 Mental health clinic in certain counties; board of trustees, appointment, qualifications, terms.

65-213.
Mental health clinic in certain counties; board of trustees, appointment, qualifications, terms.
(a) In all counties having a population of more than 20,000 and less than 22,000, and having an assessed tangible valuation of more than $40,000,000, wherein there has been established a county hospital, the board of county commissioners of such county may, by resolution, provide for the establishment of a mental health clinic for the diagnosis and treatment of mental illness, which mental health clinic, when so established, shall be operated by and subject to the jurisdiction of a board of trustees.
(b) The board of trustees shall consist of five citizens who shall be appointed by the board of county commissioners with reference to their fitness for such office, all residents of the county, not more than three members shall be residents of the city in which the hospital is located. In addition, the board of trustees shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons.
(c) The members shall be appointed initially to hold their office as follows, three for four years and two for two years, and, thereafter, each subsequent two years, the board of county commissioners shall appoint, for four-year terms, successors to such members whose terms have expired.
History:
L. 1957, ch. 345, § 1; L. 1990, ch. 92, § 32; January 1, 1991.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-214 Same; treasurer of board, election, bond; expenditures.

65-214.
Same; treasurer of board, election, bond; expenditures.
It shall be the duty of the board of trustees to elect a treasurer, who shall be a member of such board. Such treasurer shall hold office for the term for which he is appointed under K.S.A. 65-213, and shall give bond, to be approved by the board of county commissioners, for the safekeeping and due disbursement of all funds that may come into his hands. The board of trustees shall have exclusive control over the expenditure of all moneys paid to the credit of its treasurer under K.S.A. 65-215, and the treasurer shall receive and pay out all the moneys under the control of the board of trustees as ordered by it.
History: L. 1957, ch. 345, § 2; April 6.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-215 Same; tax levies, use of proceeds; adoption and publication of resolution; protest petition and election.

65-215.
Same; tax levies, use of proceeds; adoption and publication of resolution; protest petition and election.
The board of county commissioners of any such county may, upon the establishment of such mental health clinic, levy an annual tax upon all taxable tangible property in such county and the proceeds thereof shall be placed in the hands of the treasurer of said board of trustees, to be administered as provided by K.S.A. 65-214 and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. No levy shall be made under the provisions of this act until a resolution authorizing the making of such levies be passed by the board of county commissioners by publication for three successive issues in a newspaper of general circulation within the county, whereupon such levies may be made unless a petition in opposition to the same, signed by not less than ten percent (10%) of the qualified electors of such county as determined by the vote for secretary of state in the last preceding election, is filed with the county clerk of such county within thirty (30) days following the last publication of said resolution.
In the event such petition is filed it shall be the duty of the board of county commissioners to submit the question to the voters at an election called for such purpose or at the next general election. The provisions of this act shall be supplemental to other existing health laws in the counties affected thereby, but shall in no way abrogate, or amend any such other existing health laws.
History:
L. 1957, ch. 345, § 3; L. 1970, ch. 100, § 40; L. 1975, ch. 162, § 38; L. 1979, ch. 52, § 160; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-220 Community nursing care; definitions.

65-220.
Community nursing care; definitions.
As used in this act: (a) "County health department" means county health department established pursuant to K.S.A. 65-204 or 65-205.
(b) "Community nursing care" means community nursing and related care of the ill and disabled rendered in a home or in a clinic.
History: L. 1967, ch. 345, § 1; L. 1973, ch. 247, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-221 Same; services; fees; personnel; expenditures.

65-221.
Same; services; fees; personnel; expenditures.
The county health department is hereby authorized to provide community nursing care services and to collect fees for said services, to those persons living in counties in the state where in the judgment of the county health department adequate home or clinic nursing care is not otherwise provided.
In order that it may effectively render community nursing care services, the county health department is authorized to employ the necessary personnel, including nursing and supervisory personnel, and shall have authority further to purchase equipment and materials necessary to maintain an effective program of community nursing care service.
History: L. 1967, ch. 345, § 2; L. 1973, ch. 247, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-222 Same; rendering of services; fees; amount and use.

65-222.
Same; rendering of services; fees; amount and use.
Whenever a county health department has established a community nursing care program, it may render such community nursing care services as are authorized by this act and for that purpose may charge fees as set in a schedule of fees established by the county department of health, and fees so collected shall be used for nursing care services within the county. Any county health department may render such services anywhere within the county or counties which it serves.
History: L. 1967, ch. 345, § 3; L. 1973, ch. 247, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-223 Same; receipt of funds; use.

65-223.
Same; receipt of funds; use.
The county health department is authorized to receive moneys from any source for community nursing care. All such moneys as a county health department may receive for such services shall be used to carry out the provisions of this act.
History: L. 1967, ch. 345, § 4; L. 1973, ch. 247, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-224 Same; use of county general funds.

65-224.
Same; use of county general funds.
The county health department is hereby authorized to expend such moneys as is necessary, appropriated to it for general government operations, to carry out the provisions of this act.
History:
L. 1967, ch. 345, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-225 Same; collection of fees.

65-225.
Same; collection of fees.
The county health departments are authorized to maintain legal action in each county and the county attorney shall aid in the collection of fees charged for community nursing care services which have been rendered to any person in his county.
History: L. 1967, ch. 345, § 6; L. 1973, ch. 247, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-241 State financial assistance to local health departments; definitions.

65-241.
State financial assistance to local health departments; definitions.
As used in K.S.A. 65-241 to 65-246, inclusive: (a) "Local health department" means any county, city-county or multicounty department of health.
(b) "Secretary" means secretary of health and environment.
(c) "Fiscal year" means the period commencing January 1 of any year and ending December 31 of the same year.
(d) "State financial assistance" means the total amount of money available for distribution to local health departments under this act.
History:
L. 1982, ch. 257, § 1; L. 1983, ch. 205, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-242 State financial assistance to local health departments; computation of assistance.

65-242. State financial assistance to local health departments; computation of assistance.
For the purpose of insuring that adequate public health services are available to all inhabitants of the state of Kansas, the state shall assist in the financing of the operation of local health departments. Subject to appropriations therefor, state financial assistance shall be distributed to local health departments as follows:
(a) First, each local health department shall, upon application therefor, receive $7,000. If sufficient funds are not available to make this distribution, then the funds which are available shall be divided equally among those local health departments making application therefor.
(b) Second, if any funds are available after the distribution required in subsection (a), the secretary shall distribute such funds as follows:
(1) A figure equal to the total amount of state financial assistance available for distribution, before deduction for the distribution in subsection (a), shall be determined.
(2) The figure determined in paragraph (1) of this subsection shall be allocated to local health departments making application for assistance based on the proportion that the population of the county or counties comprising the local health department applying for such assistance bears to the total population of all counties comprising local health departments which have applied for such financial assistance.
(3) If any local health department making application for assistance would receive an amount equal to or less than $7,000 using the formula in paragraph (2) of this subsection, then such department shall be paid in accordance with subsection (a) only. If any local health department making application for assistance would receive more than $7,000 using the formula in paragraph (2) of this subsection, then such department shall be paid based on the proportion that the population served by the county or counties comprising such local health department bears to the total population of all counties comprising local health departments which have made application for assistance, except for departments receiving funds under subsection (a), except that in no case shall the assistance distributed under this subsection (b) to a local health department exceed the amount that the local health department receives from local tax revenues for the county fiscal year in which the state financial assistance is paid.
(c) If local tax revenues allotted to a local health department for a fiscal year fall below the level of local tax revenues allotted to the local health department for the preceding fiscal year, the amount of state financial assistance under this act for which such local health department is eligible for the fiscal year shall be reduced by a percentage equal to the percentage of reduction in local tax revenue for that fiscal year.
History:
L. 1982, ch. 257, § 2; L. 1991, ch. 182, § 1; L. 2011, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-243 Same; application for assistance; population figures; rules and regulations.

65-243.
Same; application for assistance; population figures; rules and regulations.
(a) The governing board of any local health department may apply for the financial assistance provided under K.S.A. 65-242 and amendments thereto, by submitting annually to the secretary an application form provided by the secretary and such other information as the secretary may require.
(b) The secretary shall use official state population figures based upon population figures available from the United States bureau of the census to determine the population of counties for computing state financial assistance under K.S.A. 65-242 and amendments thereto.
(c) The secretary may adopt rules and regulations necessary for the administration of this act.
History:
L. 1982, ch. 257, § 3; L. 1991, ch. 182, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-244 Same; determination of amount of state financial assistance due each local health department; payment of financial assistance.

65-244.
Same; determination of amount of state financial assistance due each local health department; payment of financial assistance.
(a) Prior to the beginning of each fiscal year and after review of the application submitted under K.S.A. 65-243 and amendments thereto, the secretary shall determine the amount of state financial assistance due to each local health department which has applied for such financial assistance. Payments shall be computed and made based on the county fiscal year. Payments made during the county fiscal year commencing January 1, 1991, shall be computed and made in accordance with the provisions of K.S.A. 65-241 through 65-246 in effect immediately prior to the effective date of this act. Payments made during the county fiscal year commencing January 1, 1992, and each county fiscal year thereafter shall be computed and made in accordance with the provisions of this act.
(b) The state financial assistance due to each local health department applying therefor shall be paid as provided in this section. The moneys received in any quarter may be used at any time during the year. The state financial assistance due to each local health department shall be paid as follows: January 1 for the quarter beginning January 1 and ending March 31; April 1 for the quarter beginning April 1 and ending June 30; July 1 for the quarter beginning July 1 and ending September 30; and October 1 for the quarter beginning October 1 and ending December 31.
(c) The secretary shall certify to the director of accounts and reports the total amount of state financial assistance due each quarter to each local health department which has applied for such financial assistance. The director of accounts and reports shall draw warrants on the state treasurer payable to the governing board of each such local health department upon vouchers executed as provided by law and approved by the secretary.
History:
L. 1982, ch. 257, § 4; L. 1991, ch. 182, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-245 Same; overpayment or underpayment to local health department; procedure.

65-245.
Same; overpayment or underpayment to local health department; procedure.
In the event any local health department is paid more than it is entitled to receive under any distribution made under this act, the secretary shall notify the governing board of the local health department of the amount of such overpayment, and such governing board shall remit the same to the secretary. The secretary shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such governing board fails to remit, the secretary shall deduct the excess amount paid from future payments becoming due to such local health department. In the event any local health department is paid less than the amount to which it is entitled under any distribution made under this act, the secretary shall pay the additional amount due at any time within the county fiscal year in which the underpayment was made or within 60 days after the end of such county fiscal year.
History:
L. 1982, ch. 257, § 5; L. 1991, ch. 182, § 4; L. 2001, ch. 5, § 216; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 2 - Local Boards Of Health; Clinics › 65-246 Same; other moneys available to local health departments; moneys not included in determining local tax revenues.

65-246.
Same; other moneys available to local health departments; moneys not included in determining local tax revenues.
(a) Moneys available under this act for financial assistance to local health departments shall not be substituted for or used to reduce or eliminate moneys available to local health departments from the federal government or substituted for or used to reduce or eliminate moneys available from local tax revenues. Nothing in this act shall be construed to authorize a reduction or elimination of moneys available to local health departments from the federal government or to authorize the reduction or elimination of moneys made available by the state to local health departments in addition to moneys available under this act.
(b) Moneys received by local health departments from fees charged for services or one-time special project grants shall not be included in the sum of money which the local health department receives from local tax revenues when determining the amount such department will receive from state financial assistance pursuant to K.S.A. 65-242, and amendments thereto.
History:
L. 1982, ch. 257, § 6; L. 1991, ch. 183, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 3 - Control Of Contagious Diseases In Cities Of The Second Or Third Class › 65-301 Authority of officers; expenses.

65-301.
Authority of officers; expenses.
Whenever smallpox or other contagious or infectious diseases exist in a city of the second or third class the governing body of such city and the local health officer and the county commissioner in the district in which is located such cities shall take such action as in their judgment may be necessary to control, suppress and prevent the spreading of the same and to pay all the necessary expenses for such action and purposes.
History:
L. 1919, ch. 145, § 1; R.S. 1923, 65-301; L. 1980, ch. 182, § 27; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 3 - Control Of Contagious Diseases In Cities Of The Second Or Third Class › 65-302 Audit and payment of claims by county.

65-302.
Audit and payment of claims by county.
A detailed, itemized and verified account of all moneys so expended by the city shall be presented to the board of county commissioners of the county in which such city is located, and said board of county commissioners shall monthly audit claims therefor, and when it shall determine that the items of expense were incurred under the provisions of K.S.A. 65-301, shall allow such claims and draw warrants on the county treasurer in favor of said city therefor, and it shall be the duty of the county treasurer of said county to pay the same out of any funds in the treasury not otherwise appropriated.
History: L. 1919, ch. 145, § 2; March 15; R.S. 1923, 65-302.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-406 Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000.

65-406.
Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000.
(a) Every hospital, which furnishes emergency, medical or other service to any patient injured by reason of an accident not covered by the workers compensation act, if such injured party asserts or maintains a claim against another for damages on account of such injuries, shall have a lien upon that part going or belonging to such patient of any recovery or sum had or collected or to be collected by such patient, or by such patient's heirs, personal representatives or next of kin in the case of such patient's death, whether by judgment or by settlement or compromise.
(b) Such lien shall be to the amount of the reasonable and necessary charges of such hospital for the treatment, care and maintenance of such patient in such hospital up to the date of payment of such damages. Such lien shall not in any way prejudice or interfere with any lien or contract which may be made by such patient or such patient's heirs or personal representatives with any attorney or attorneys for handling the claim on behalf of such patient or such patient's heirs or personal representatives. Such lien shall not be applied or considered valid against anyone coming under the workers compensation act in this state.
(c) In the event the claimed lien is for the sum of $5000 or less it shall be fully enforceable as contemplated by subsection (a) of this section. In the event the claimed lien is for a sum in excess of $5,000 the first $5,000 of the claimed lien shall be fully enforceable as contemplated by subsection (a) of this section, and that part of the claimed lien in excess of $5,000 shall only be enforceable to the extent that its enforcement constitutes an equitable distribution of any settlement or judgment under the circumstances. In the event the patient or such patient's heirs or personal representatives and the hospital or hospitals cannot stipulate to an equitable distribution of a proposed or actual settlement or a judgment, the matter shall be submitted to the court in which the claim is pending, or if no action is pending then to any court having jurisdiction and venue of the injury or death claim, for determination of an equitable distribution of the proposed or actual settlement or judgment under the circumstances.
History:
L. 1939, ch. 235, § 1; L. 1951, ch. 357, § 1; L. 1957, ch. 336, § 1; L. 1972, ch. 227, § 1; L. 1997, ch. 21, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-407 Same; notices and statement of claims; requirements.

65-407. Same; notices and statement of claims; requirements.
No such lien shall be effective unless a written notice setting forth the amount of all of the hospital's claims, the name of the injured person, the date of the accident and the name and location of the hospital shall be filed in the office of the clerk of the district court of the county in which such hospital is located, prior to the payment of any moneys to such injured person, such person's attorneys or legal representatives, as compensation for such injuries. Such hospital shall also send, by registered or certified mail, a copy of such notice to such patient upon whom emergency medical or other service has been performed, if the address of such patient shall be known to the hospital or can with reasonable diligence be ascertained.
History:
L. 1939, ch. 235, § 2; L. 1957, ch. 336, § 2; L. 2014, ch. 52, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-408 Same; persons liable to hospital; limitation of actions.

65-408.
Same; persons liable to hospital; limitation of actions.
Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of such notice without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior liens, shall, for a period of one year from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid; be and remain liable to such hospital for the amount which such hospital was entitled to receive as aforesaid; any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.
History:
L. 1939, ch. 235, § 3; June 30.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-409 Hospital lien; fee for filing; authorized only by legislative enactment.

65-409. Hospital lien; fee for filing; authorized only by legislative enactment.
(a) The clerk of the district court shall charge a fee of $14 for entering and filing a lien statement under this act.
(b) Except as provided further, the lien fee established in subsection (a) shall be the only fee collected or moneys in the nature of a fee collected for such lien. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per lien fee, to fund the costs of non-judicial personnel.
History:
L. 1939, ch. 235, § 4; L. 1976, ch. 196, § 4; L. 1982, ch. 116, § 13; L. 2012, ch. 66, § 20; L. 2013, ch. 125, § 20; L. 2015, ch. 81, § 28; L. 2017, ch. 80, § 23; L. 2019, ch. 58, § 24; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-410 Title of act.

65-410.
Title of act.
This act may be cited as the Kansas medical facilities survey and construction act.
History:
L. 1947, ch. 328, § 1; L. 1955, ch. 286, § 1; L. 1976, ch. 265, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-411 Definitions.

65-411.
Definitions.
As used in this act:
(a) "Secretary" means the secretary of health and environment.
(b) "The federal act" means titles VI and XVI of the United States public health service act (42 U.S.C. 291 et seq.) and any amendments thereto.
(c) "Medical facility" includes public health centers; psychiatric hospitals; health maintenance organizations as defined in K.S.A. 40-3202 and amendments thereto; medical care facilities as defined in K.S.A. 65-425 and amendments thereto; adult care homes, which term shall be limited to nursing facilities and intermediate personal care homes as these terms are defined in K.S.A. 39-923 and amendments thereto; kidney disease treatment centers, including centers not located in a medical care facility; and other facilities as may be designated by the secretary of health, education and welfare for the provision of health care.
(d) "Public health center" means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
(e) "Nonprofit medical facility" means any medical facility owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(f) "Medical facility project" means a project for the modernization of a medical facility, the construction of a new outpatient or inpatient medical facility or the conversion of an existing medical facility for the provision of new health services.
History:
L. 1947, ch. 328, § 2; L. 1955, ch. 286, § 2; L. 1974, ch. 352, § 72; L. 1976, ch. 265, § 2; L. 1978, ch. 235, § 1; L. 1992, ch. 322, § 11; June 4.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-412 Administration of act by secretary of health and environment; state medical facilities plan.

65-412.
Administration of act by secretary of health and environment; state medical facilities plan.
The secretary shall constitute the sole agency of the state for the purpose of:
(a) Making an inventory of existing medical facilities, surveying the need for construction of medical facilities and developing a program of construction as provided in K.S.A. 65-415 to 65-417, inclusive, and any amendments thereto; and
(b) developing and administering a state medical facilities plan as provided in K.S.A. 65-418 to 65-423, inclusive, and any amendments thereto.
History:
L. 1947, ch. 328, § 3; L. 1955, ch. 286, § 3; L. 1974, ch. 352, § 73; L. 1976, ch. 265, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-413 General powers and duties.

65-413.
General powers and duties.
In carrying out the purposes of the act, the secretary is authorized and directed:
(a) To require such reports, make such inspections and investigations and prescribe such regulations as he or she deems necessary;
(b) to provide methods of administration and take other action as may be necessary to comply with the requirements of the federal act and federal regulations adopted pursuant thereto;
(c) to procure in his or her discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(d) to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private, to the extent that the secretary considers desirable to effectuate the purposes of this act;
(e) to accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act and to expend the same for such purpose;
(f) to make an annual report to the governor and to the legislature on activities and expenditures pursuant to this act, including recommendations for such additional legislation as the secretary considers appropriate to furnish adequate hospital and medical facilities to the people of this state.
History:
L. 1947, ch. 328, § 4; L. 1955, ch. 286, § 4; L. 1974, ch. 352, § 74; L. 1976, ch. 265, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-415 Survey and planning activities.

65-415.
Survey and planning activities.
The secretary is authorized and directed to make an inventory of existing medical facilities to survey the need for modernization or construction of medical facilities or for the conversion of existing medical facilities in order to provide new health services; and, on the basis of such inventory and survey, to develop a program for the construction, modernization or conversion of such medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to all the people of the state.
History:
L. 1947, ch. 328, § 6; L. 1955, ch. 286, § 5; L. 1974, ch. 352, § 76; L. 1976, ch. 265, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-416 State medical facilities plan; provisions.

65-416.
State medical facilities plan; provisions.
The state medical facilities plan shall provide, in accordance with the federal act and federal regulations adopted pursuant thereto, for adequate medical facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state.
History:
L. 1947, ch. 328, § 7; L. 1955, ch. 286, § 6; L. 1976, ch. 265, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-417 Application for federal funds for survey and planning; expenditure.

65-417.
Application for federal funds for survey and planning; expenditure.
The secretary is authorized to make application to the federal secretary of health, education and welfare for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited in the state treasury and shall be available to the secretary for expenditure for carrying out the purposes of K.S.A. 65-415 to 65-417, inclusive, and any amendments thereto. Any such funds received and not expended for such purposes shall be repaid to the treasury of the United States.
History:
L. 1947, ch. 328, § 8; L. 1955, ch. 286, § 7; L. 1974, ch. 352, § 77; L. 1976, ch. 265, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-419 Same; priority of projects.

65-419.
Same; priority of projects.
The state medical facilities plan shall set forth the relative need for the medical facility projects included in such plan determined in accordance with the federal act and federal regulations adopted pursuant thereto, and provide for the medical facility projects, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.
History:
L. 1947, ch. 328, § 10; L. 1976, ch. 265, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-420 Medical facility projects; application for funds.

65-420.
Medical facility projects; application for funds.
Applications for federal funds or loans for medical facility projects, except special project grants under section 1625 of public law 93-641 which shall be submitted directly to the federal secretary of health, education and welfare, shall be submitted to the secretary and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency. Each application for federal funds or loans for a medical facility project shall conform to federal and state requirements.
History:
L. 1947, ch. 328, § 11; L. 1955, ch. 286, § 9; L. 1974, ch. 352, § 79; L. 1976, ch. 265, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-421 Consideration and forwarding of applications; hearing.

65-421.
Consideration and forwarding of applications; hearing.
The secretary shall afford to every applicant for federal funds or loans for a medical facility project under K.S.A. 65-420, and any amendments thereto, an opportunity for a fair hearing in accordance with the provisions of the Kansas administrative procedure act. If the secretary, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of K.S.A. 65-420 and any amendments thereto, and is otherwise in conformity with the state plan, the secretary shall approve such application and shall forward the application to the federal secretary of health, education and welfare along with such recommendation.
History:
L. 1947, ch. 328, § 12; L. 1955, ch. 286, § 10; L. 1974, ch. 352, § 80; L. 1976, ch. 265, § 12; L. 1988, ch. 356, § 185; July 1, 1989.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-422 Inspection of projects; certification.

65-422.
Inspection of projects; certification.
The secretary shall inspect each medical facility project approved by the federal secretary of health, education and welfare; and, if the inspection so warrants, the secretary shall certify to the federal secretary of health, education and welfare that work has been performed upon the project or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
History: L. 1947, ch. 328, § 13; L. 1974, ch. 352, § 81; L. 1976, ch. 265, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 4 - Hospitals And Other Facilities › 65-423 Medical facilities project fund established; deposit of federal moneys; uses.

65-423.
Medical facilities project fund established; deposit of federal moneys; uses.
The secretary is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants for federal funds or loans for medical facility projects approved by the federal secretary of health, education and welfare. There is hereby established, in the state treasury a medical facilities project fund. Money received from the federal government for a medical facility project approved by the federal secretary of health, education and welfare shall be deposited to the credit of this fund and shall be used solely for payments due for work performed or purchases made in carrying out approved projects. Warrants for all payments from the medical facilities project fund shall bear the signature of the secretary or the secretary's duly authorized agent for such purpose.
History:
L. 1947, ch. 328, § 14; L. 1955, ch. 286, § 11; L. 1974, ch. 352, § 82; L. 1976, ch. 265, § 14; July 1.