reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5903 Department for aging and disability services established; secretary for aging and disability services; appointment and confirmation; department to receive and disburse federal older Americans act moneys; application of K-GOAL.

75-5903. Department for aging and disability services established; secretary for aging and disability services; appointment and confirmation; department to receive and disburse federal older Americans act moneys; application of K-GOAL.
(a) There is hereby created the Kansas department for aging and disability services. The Kansas department for aging and disability services shall be administered under the direction and supervision of the secretary for aging and disability services. The secretary shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. In appointing the secretary, the governor shall consider, but is not limited to, persons suggested by the council and persons with responsible administrative experience in the field of gerontology. The secretary shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the governor.
The Kansas department for aging and disability services shall be the single state agency for receiving and disbursing federal funds made available under the federal older Americans act (public law 89-73), and amendments thereto, or other federal programs for the aging.
(b) The provisions of the Kansas governmental operations accountability law apply to the Kansas department for aging and disability services, and the department is subject to audit, review and evaluation under such law.
History:
L. 1977, ch. 288, § 3; L. 1981, ch. 299, § 40; L. 1982, ch. 347, § 76; L. 1992, ch. 116, § 53; L. 2001, ch. 86, § 16; L. 2008, ch. 121, § 32; L. 2014, ch. 115, § 382; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5904 Transfer of powers, duties and functions; preservation of orders and directives.

75-5904. Transfer of powers, duties and functions; preservation of orders and directives.
(a) On and after July 1, 1977, all the powers, duties, functions, records, property and personnel of the existing services to the aging section of the department of social and rehabilitation services are hereby transferred to and conferred and imposed upon the secretary for aging and disability services, except as otherwise provided.
(b) The secretary for aging and disability services shall be a continuation of the services to the aging section of the department of social and rehabilitation services and shall be the successor in every way to the powers, duties and functions of the section, except as herein otherwise provided. On and after July 1, 1977, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary for aging and disability services shall be deemed to have the same force and effect as if performed by the services for aging section of the department of social and rehabilitation services in which such functions were vested prior to July 1, 1977.
(c) On and after July 1, 1977, wherever the services to the aging section of the department of social and rehabilitation services, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary for aging and disability services.
(d) All orders and directives of the services to the aging section of the department of social and rehabilitation services in existence immediately prior to July 1, 1977, shall continue in force and effect and shall be deemed to be duly issued orders and directives of the secretary for aging and disability services, until reissued, amended or nullified pursuant to law.
History:
L. 1977, ch. 288, § 4; L. 2018, ch. 71, § 43; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5905 Certain officers and employees transferred to new department; civil service and retirement benefits preserved; civil service laws applicable.

75-5905.
Certain officers and employees transferred to new department; civil service and retirement benefits preserved; civil service laws applicable.
All officers and employees who were engaged immediately prior to July 1, 1977, in the performance of powers, duties and functions of the services to the aging section of the department of social and rehabilitation services and who, in the opinion of the secretary of aging, are necessary to perform the powers, duties and functions of the department on aging, shall become officers and employees of the department on aging. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1977, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1977, ch. 288, § 5; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5906 Conflicts as to disposition of powers, functions, duties, funds, property or records resolved by governor.

75-5906.
Conflicts as to disposition of powers, functions, duties, funds, property or records resolved by governor.
(a) On and after July 1, 1977, when any conflict arises as to the disposition of any power, duty or function or the unexpended balance of any appropriation as a result of any transfer made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(b) On and after July 1, 1977, the department on aging shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the department on aging under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from any transfer made by this act of powers, duties and functions to the secretary of aging, shall be determined by the governor, whose decision shall be final.
History:
L. 1977, ch. 288, § 6; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5907 Rights saved in legal actions and proceedings.

75-5907.
Rights saved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, pertaining to services for the aging or the powers, duties or functions of the services to the aging section of the department of social and rehabilitation services, lawfully commenced, or which could have been commenced, by or against the secretary of social and rehabilitation services in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of social and rehabilitation services.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1977, ch. 288, § 7; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5909 Secretary may organize department and assign functions, powers and duties; secretary to meet with council.

75-5909.
Secretary may organize department and assign functions, powers and duties; secretary to meet with council.
(a) On and after July 1, 1977, the secretary may create and establish offices, divisions and administrative units as necessary for the efficient administration and operation of the department and may assign functions, powers and duties to the several offices, divisions and administrative units in the department.
(b) On and after July 1, 1977, the secretary shall meet regularly with the council to advise the council on all matters relating to the policy and administration of programs and services to the aging provided by the department.
History:
L. 1977, ch. 288, § 9; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5910 Appointment of subordinate officers and employees; duties and powers.

75-5910. Appointment of subordinate officers and employees; duties and powers.
(a) Except as otherwise specifically provided by law, and subject to the Kansas civil service act, the secretary for aging and disability services shall appoint all subordinate officers and employees of the department and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act.
(b) The secretary may appoint one public information officer, one chief attorney, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor. The secretary may appoint deputy secretaries and commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All deputy secretaries and commissioners shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor.
(c) Nothing in subsection (b) shall affect the classified status of any person employed by the Kansas department for aging and disability services on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the secretary pursuant to K.S.A. 75-5909 or 75-2948, and amendments thereto.
(d) Personnel of the department shall perform such duties and exercise such powers as the secretary may prescribe or as are designated by law.
History:
L. 1977, ch. 288, § 10; L. 1978, ch. 332, § 56; L. 1987, ch. 347, § 9; L. 1996, ch. 271, § 14; L. 1998, ch. 95, § 2; L. 2014, ch. 115, § 384; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5911 Advisory council on aging; appointment of members.

75-5911.
Advisory council on aging; appointment of members.
(a) There is hereby created the advisory council on aging. The council shall consist of 15 members. Eleven members shall be appointed by the governor, one member shall be appointed by the president of the senate from among the members of the senate, one member shall be appointed by the minority leader of the senate from among the members of the senate, one member shall be appointed by the speaker of the house of representatives from among the members of the house of representatives and one member shall be appointed by the minority leader of the house of representatives from among the members of the house of representatives. Members of the council shall represent insofar as possible different geographical, social and ethnic groups, and one member of the council, at the time of appointment, shall be licensed by the state and be actively engaged in the administration of adult care homes within the state. At least 1/2 of the council members shall be 60 years of age or older.
(b) No provision of this section shall affect the term of any member of the advisory council on aging appointed prior to the effective date of this act.
History:
L. 1977, ch. 288, § 11; L. 1978, ch. 375, § 1; L. 1979, ch. 299, § 1; L. 1980, ch. 291, § 8; L. 1988, ch. 354, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5912 Same; terms of members.

75-5912.
Same; terms of members.
(a) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term.
(b) Any member appointed to fill a vacancy occurring upon the expiration of the term for which the member's predecessor was appointed shall be appointed for a period of three years. Members shall be eligible for reappointment.
(c) Members appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives and the minority leader of the house of representatives shall serve at the pleasure of the person holding the office held by the person appointing such members.
History:
L. 1977, ch. 288, § 12; L. 1978, ch. 375, § 2; L. 1979, ch. 299, § 2; L. 1988, ch. 354, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5913 Same; chairperson; procedure; compensation; meetings.

75-5913.
Same; chairperson; procedure; compensation; meetings.
(a) The chairperson of the council shall be designated by the governor. The council shall provide for its organization and operating procedure including the selection of such other officers as deemed necessary.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting of the council authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
(c) The council shall meet at least twice a year or as often as the chairperson of the council or the secretary of the department deems necessary, or upon written request of five (5) members of the council, but in any case, the council shall not meet more than twelve (12) times in any one year.
History:
L. 1977, ch. 288, § 13; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5914 Advisory council on aging; powers and duties.

75-5914. Advisory council on aging; powers and duties.
The advisory council on aging shall have the following powers and duties:
(a) Provide advocacy for the aging in the affairs of the department, the governor's office and other public and private, state and local agencies affecting the aging;
(b) review and comment upon reports of the department to the governor and the legislature;
(c) prepare and submit to the governor, the legislature and the secretary an annual report evaluating the level and quality of all programs, services and facilities provided to the aging by state agencies;
(d) review and comment upon the comprehensive state plan prepared by the department;
(e) review and comment upon disbursements by the department of public funds to public and private agencies;
(f) recommend candidates to the governor for appointment as secretary for aging and disability services;
(g) consult with the secretary regarding the operations of the department;
(h) serve as the advisory committee to the governor and the Kansas department for aging and disability services as required and defined in the rules and regulations, part 903.50(c), issued under the federal older Americans act of 1965 (public law 89-73), and amendments thereto;
(i) review and comment to the state long-term care ombudsman upon the policies and procedures of the office of long-term care ombudsman; and
(j) consult with the state long-term care ombudsman regarding needs for ombudsman services for aged Kansas residents.
History:
L. 1977, ch. 288, § 14; L. 1980, ch. 291, § 9; L. 1998, ch. 101, § 3; L. 2014, ch. 115, § 385; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5915 Transfer of appropriations; liability for accrued compensation of officers and employees transferred to department.

75-5915.
Transfer of appropriations; liability for accrued compensation of officers and employees transferred to department.
(a) On July 1, 1977, the balance of all funds appropriated and reappropriated to the department of social and rehabilitation services for the services to the aging section of said department shall be and is hereby transferred to the department on aging and shall be used only for the purposes for which the appropriation was originally made.
(b) On July 1, 1977, liability for all accrued compensation or salaries of officers and employees who, immediately prior to said date, were engaged in the performance of powers, duties or functions of the services to the aging section of the department of social and rehabilitation services, and who become officers and employees of the department on aging, shall be assumed and paid by the department on aging.
History:
L. 1977, ch. 288, § 15; April 28.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5923 Toll-free telephone system established, purpose; duties of secretary; display of notice of existence of toll-free telephone system.

75-5923. Toll-free telephone system established, purpose; duties of secretary; display of notice of existence of toll-free telephone system.
(a) The secretary for aging and disability services shall establish a telephone system to assist older Kansans, friends and relatives of older Kansans and other persons in obtaining information about and access to services available to both institutionalized and non-institutionalized older Kansans. The telephone system shall be designed to permit any person in the state to place a toll-free call into the system.
(b) The secretary for aging and disability services shall:
(1) Publicize the existence and purpose of the toll-free telephone system established by this section and the telephone number of such system;
(2) develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(3) develop policies and procedures to maintain confidentiality of requests for assistance;
(4) develop a program to train and coordinate the use of older Kansans within the toll-free telephone system;
(5) provide as part of the toll-free telephone system a call-forward system to assist in providing access to information; and
(6) develop a handbook of information to answer requests and for further referral.
(c) Upon written notification by the secretary for aging and disability services, every adult care home, as defined in K.S.A. 39-923(a)(1), and amendments thereto, title XX adult residential home licensed under K.S.A. 39-2001 et seq., and amendments thereto, recuperation center, as defined in K.S.A. 65-425(g), and amendments thereto, intermediate care facility, as defined in section 1905(c) of the federal social security act, skilled nursing facility, as defined in section 1861(j) of the federal social security act, and any other institution or facility that is licensed or certified by the state, that offers health, social or dietary care to elderly persons on a regular basis and that is financed in whole or in part by funds from the federal government, the state of Kansas, or any political subdivision thereof, shall prominently display notice of the existence of the toll-free telephone system established under this section and the telephone number of such system.
History:
L. 1980, ch. 259, § 1; L. 2014, ch. 115, § 386; L. 2018, ch. 71, § 27; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5925 Information and referral network concerning information about and access to services available for persons with Alzheimer's and related diseases; establishment through existing toll-free telephone system; duties of secretary.

75-5925. Information and referral network concerning information about and access to services available for persons with Alzheimer's and related diseases; establishment through existing toll-free telephone system; duties of secretary.
(a) The secretary for aging and disability services shall establish an information and referral network through the existing toll-free telephone system to assist persons with Alzheimer's and related diseases, their relatives and friends and other persons in obtaining information about and access to services available for persons with Alzheimer's and related diseases. The telephone system shall be designed to permit any person in the state to place a toll-free call into the network.
(b) The secretary for aging and disability services shall establish within the Kansas department for aging and disability services an information and referral network under subsection (a) and research national, state and local information on Alzheimer's and related diseases and disseminate this information through the information and referral network. The secretary for aging and disability services shall publicize the existence and purpose of the toll-free telephone network established by this section and the telephone number of such network.
(c) In establishing the information and referral network under this section, the secretary for aging and disability services shall:
(1) Develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(2) develop policies and procedures to maintain confidentiality of requests for assistance;
(3) provide as part of the toll-free telephone network a call-forward system to assist in providing access to information;
(4) seek the cooperation and assistance of area agencies on aging in disseminating information and making referrals under this section;
(5) develop and periodically update a resource file of information to answer requests and expedite referrals; and
(6) assure that staff be trained in the area of Alzheimer's disease and related diseases on an ongoing basis.
(d) This section shall be part of and supplemental to the Kansas act on the aging.
History:
L. 1986, ch. 310, § 1; L. 2014, ch. 115, § 387; L. 2014, ch. 115, § 387; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5926 Kansas senior care act; citation of act.

75-5926.
Kansas senior care act; citation of act.
This act shall be known and may be cited as the Kansas senior care act.
History:
L. 1989, ch. 255, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5927 Same; legislative findings and declaration.

75-5927.
Same; legislative findings and declaration.
The legislature hereby finds and declares that:
(a) There are many older Kansans who face difficulties in maintaining self-care and independent living within the mainstream of life;
(b) inappropriate or premature institutionalization of persons who have not exhausted their financial resources often leads to exhaustion of those resources and placement in more costly and limited long-term-care services; and
(c) it is in the interest of older Kansans and of providers of care that a coordinated system of services be developed; and
(d) it is in the interest of older Kansans and of providers of care that preventative health services be made available.
History:
L. 1989, ch. 255, § 2; L. 2005, ch. 13, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5928 Same; programs authorized; powers and duties of secretary of aging; contracts.

75-5928. Same; programs authorized; powers and duties of secretary of aging; contracts.
(a) Within the limitations of appropriations therefor, the secretary for aging and disability services is hereby authorized to establish a program of in-home services and a program of preventative health services for residents of Kansas 60 years of age or older who have functional limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently.
(b) The secretary for aging and disability services shall establish and administer, pursuant to the provisions of the Kansas senior care act, a program of in-home services and a program of preventative health services as authorized under subsection (a). The secretary shall designate area agencies on aging to administer the program in their respective planning and service areas. The secretary shall allocate funds to an area agency on aging only after the area agency on aging has executed a contract with the secretary under the Kansas senior care act.
(c) The program of in-home services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with appropriation acts relating thereto.
(d) The program of preventative health services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with the appropriation acts relating thereto.
History:
L. 1989, ch. 255, § 3; L. 1996, ch. 271, § 23; L. 1998, ch. 95, § 3; L. 2002, ch. 65, § 1; L. 2005, ch. 13, § 2; L. 2014, ch. 115, § 388; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5929 Same; allocation of funds to area agencies on aging, guidelines and requirements; rules and regulations.

75-5929.
Same; allocation of funds to area agencies on aging, guidelines and requirements; rules and regulations.
(a) Funds appropriated for allocation under the Kansas senior care act shall be allocated to the area agencies on aging as follows:
(1) A portion of the funds shall be allocated to the area agencies on aging based on a funding formula established by the secretary;
(2) a portion of the funds, as determined by the secretary, shall be allocated to area agencies on aging that continue to receive matching funds directly as required by subsection (c) in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary; and
(3) a portion of the funds, as determined by the secretary, may be allocated to area agencies on aging that receive amounts of matching ad valorem property tax levy funds directly from local units of government, or the single entity responsible for ad valorem property tax levies for services for the aging, as designated by the local units of government, in excess of the amounts required by subsection (c), and any such allocation shall be in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary.
(b) Funds for purchase of service provided under the Kansas senior care act shall be expended only when other sources of support for service provision are not available. The funds shall not replace medicaid, older Americans act, community services block grant, medicare and other state or federal funding sources that may be used to pay for needed services.
(c) On and after the effective date of this act, each local unit of government that provided matching funds directly to an area agency on aging for the fiscal year ending June 30, 2001, shall continue to provide matching funds to the area agency on aging at the funding level provided directly to the area agency on aging for match for the fiscal year ending June 30, 2001.
History:
L. 1989, ch. 255, § 4; L. 1992, ch. 303, § 1; L. 1993, ch. 210, § 1; L. 2002, ch. 65, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5930 Same; screening and assessment.

75-5930.
Same; screening and assessment.
A screening and assessment mechanism shall be established by the secretary to be used for establishing every customer's need for services.
History:
L. 1989, ch. 255, § 5; L. 2002, ch. 65, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5931 Same; rules and regulations.

75-5931.
Same; rules and regulations.
The secretary shall adopt rules and regulations to govern:
(a) The eligibility of persons receiving the services;
(b) the maximum amount of funds to be expended for each customer;
(c) reports to be made to the secretary by the area agencies on aging; and
(d) such other matters as the secretary deems necessary for the administration of the Kansas senior care act.
History:
L. 1989, ch. 255, § 6; L. 1996, ch. 271, § 22; L. 2002, ch. 65, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5932 Same; contract requirements.

75-5932.
Same; contract requirements.
The secretary shall not execute a contract with an area agency on aging unless the contract contains:
(a) Evidence of support by the area on aging governing board or the area on aging advisory council;
(b) identification of service providers to be reimbursed for services;
(c) evidence that no in-home services will be directly provided by an area agency on aging; and
(d) a means acceptable for prioritizing customers who are most in need of the program's benefits.
History:
L. 1989, ch. 255, § 7; L. 2002, ch. 65, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5933 Same; fees, guidelines.

75-5933. Same; fees, guidelines.
The secretary shall develop a sliding fee scale which shall be published annually in the Kansas register. Each customer's fee shall be based on the customer's income and assets. All customer fees and donations shall reduce the cost of services paid by the Kansas department for aging and disability services under the Kansas senior care act.
History:
L. 1989, ch. 255, § 8; L. 2002, ch. 65, § 6; L. 2014, ch. 115, § 389; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5934 Same; area agencies on aging to negotiate for or broker services.

75-5934.
Same; area agencies on aging to negotiate for or broker services.
The area agencies on aging that receive funding shall negotiate for and broker services either by themselves or through other agencies for adults in need of such services.
History:
L. 1989, ch. 255, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5936 Same; secretary authorized to apply for and receive funds.

75-5936.
Same; secretary authorized to apply for and receive funds.
The secretary may apply for and receive other funds, as appropriate, for the program established under this act.
History:
L. 1989, ch. 255, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5946 Same; contracts for long-term care services; annual reports by contracting agencies; reports to legislature; rules and regulations.

75-5946. Same; contracts for long-term care services; annual reports by contracting agencies; reports to legislature; rules and regulations.
(a) The secretary for aging and disability services may contract for long-term care services with area agencies on aging or other community based entities designated by the secretary for aging and disability services. If an area agency on aging or other community based entity fails or is unable to provide services and local administration of the system, the secretary for aging and disability services shall enter into contracts for services with qualified local not-for-profit and other service providers to perform such services. All contracts made under this section, and all renewal contracts, shall provide that the contract is subject to successfully meeting performance standards set by the secretary for aging and disability services.
(b) Each such contract with an area agency on aging shall require the area agency on aging to submit to the secretary for aging and disability services a report annually on activities under the contract during the fiscal year by the area agency on aging, which report shall also include information about all kinds of services provided by the area agency on aging, including long-term care services, and the number of persons receiving each kind of service during the fiscal year. The secretary for aging and disability services shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the regular session of the legislature in 1997 and annually thereafter a report of the information contained in such reports from the area agencies on aging.
(c) All such contracts for long-term care services shall be subject to appropriations limitations. No such contracts shall provide for any indemnification of any independent contractor. All such contractors shall be subject to and limited by any applicable federal grant requirements. The secretary may, but is not required to, comply with the competitive bid requirements of K.S.A. 75-3739, and amendments thereto. The secretary for aging and disability services shall be required to adopt rules and regulations for the administration of such contracts. If necessary to comply with applicable federal grant requirements, such powers may be assumed by the secretary for aging and disability services.
History:
L. 1996, ch. 271, § 3; L. 2014, ch. 115, § 392; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5947 Same; contracts for services involving litigation.

75-5947. Same; contracts for services involving litigation.
The secretary for aging and disability services may contract for the services of persons to assist in the preparation of expert testimony for litigation and to act as expert witnesses in litigation. Any such contracts shall be exempt from the competitive bid requirements of K.S.A. 75-3739, and amendments thereto.
History:
L. 1996, ch. 271, § 4; L. 2014, ch. 115, § 393; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5948 Same; transfer of programs from secretary of social and rehabilitation services to secretary of aging; transition plan.

75-5948.
Same; transfer of programs from secretary of social and rehabilitation services to secretary of aging; transition plan.
The program transfers shall be made pursuant to a transition plan and such transfers shall be made on or before July 1, 1997. Such transition plan shall be jointly developed by the secretary of social and rehabilitation services and the secretary of aging. Such transition plan shall be interpreted and administered to comply with applicable federal grant requirements. Such transition plan shall be developed, as practicable, to minimize confusion and disruptions to affected program consumers.
History:
L. 1996, ch. 271, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5949 Same; transfer of appropriations, resources and obligations.

75-5949. Same; transfer of appropriations, resources and obligations.
Pursuant to the transition plan provided for by K.S.A. 75-5948, and amendments thereto, the secretary for children and families shall transfer from the Kansas department for children and families to the Kansas department for aging and disability services all applicable appropriations, resources and obligations associated with these programs.
History:
L. 1996, ch. 271, § 6; L. 2014, ch. 115, § 394; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5950 Same; transfer of powers, duties and functions, continuation of authority.

75-5950.
Same; transfer of powers, duties and functions, continuation of authority.
The secretary of aging shall be a continuation of the secretary of social and rehabilitation services as to the programs transferred in accordance with the transition plan provided for by K.S.A. 75-5948 and shall be the successor in every way to the powers, duties and functions of the secretary of social and rehabilitation services for such programs, except as otherwise provided. On and after the transfer date for each of the programs transferred, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of aging shall be deemed to have the same force and effect as if performed by the secretary of social and rehabilitation services in whom such powers were vested prior to the transfer.
History:
L. 1996, ch. 271, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5951 Same; transfer of programs; rights saved in judicial and administrative actions and proceedings.

75-5951. Same; transfer of programs; rights saved in judicial and administrative actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, which pertains to any of the transferred long-term care programs, and which is lawfully commenced, or could have been commenced, by or against the secretary for children and families in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such programs. The secretary for aging and disability services shall be named or substituted as the defendant in place of the secretary for children and families in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.
(b) No suit, action or other proceeding, judicial or administrative, pertaining to the transferred long-term care programs which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(d) Any final appeal decision of the Kansas department for children and families entered pursuant to K.S.A. 75-3306, and amendments thereto, or the Kansas judicial review act currently pertaining to any long-term care program transferred pursuant to this act shall be binding upon and applicable to the secretary for aging and disability services and the Kansas department for aging and disability services.
History:
L. 1996, ch. 271, § 8; L. 2010, ch. 17, § 203; L. 2014, ch. 115, § 395; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5952 Same; transfer of programs; administrative hearings and judicial proceedings.

75-5952. Same; transfer of programs; administrative hearings and judicial proceedings.
The secretary for children and families and the secretary for aging and disability services shall require their agents and employees to be equally available for preparation for and testimony in any administrative hearing of or judicial proceeding pertaining to the Kansas department for children and families or the Kansas department for aging and disability services and any program or service transferred under this act.
History:
L. 1996, ch. 271, § 9; L. 2014, ch. 115, § 396; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5953 Same; transfer of programs; governor to resolve conflicts.

75-5953.
Same; transfer of programs; governor to resolve conflicts.
(a) If or when any conflict arises as to the disposition of any power, duty or function or issues involving resources, appropriations and obligations as a result of a transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
(b) If or when any conflict arises as to the succession to any property and records related to any transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
History:
L. 1996, ch. 271, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5954 Same; transfer of programs; reports to governor and legislature.

75-5954.
Same; transfer of programs; reports to governor and legislature.
Prior to December 31, 1996, the secretary of social and rehabilitation services and the secretary of aging shall report to the governor and the legislature on any known statutory changes required for the performance of the functions of this act.
History:
L. 1996, ch. 271, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5955 Same; severability.

75-5955.
Same; severability.
If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.
History:
L. 1996, ch. 271, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5956 Same; accessibility of services; application; procedure.

75-5956. Same; accessibility of services; application; procedure.
The secretary for aging and disability services shall ensure statewide service access is available in a timely manner and shall adopt an application procedure for long-term care services which presumes the eligibility of persons applying for long-term care services from the date of application.
History:
L. 1996, ch. 271, § 18; L. 2014, ch. 115, § 397; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5957 Same; eligibility requirements for institutional-based long-term care services.

75-5957.
Same; eligibility requirements for institutional-based long-term care services.
On and after July 1, 1996, the eligibility requirement that applicants for institutional-based long-term care services shall not have income in excess of a maximum amount equal to 300% of federal supplemental security income shall no longer be applied to applicants for institutional-based long-term care services.
History:
L. 1996, ch. 271, § 20; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5958 Nursing facility reimbursement rates.

75-5958. Nursing facility reimbursement rates.
Subject to the provisions of appropriations acts, the secretary for aging and disability services shall increase nursing facility reimbursement rates. The secretary for aging and disability services shall implement a base-year model of reimbursement for nursing facilities. For fiscal year 2008, the information from cost reports for calendar years 2003, 2004 and 2005 shall be averaged together to be used to calculate the base year. For fiscal year 2009 and each fiscal year thereafter, the information from the cost reports for the three most recent calendar years preceding the beginning of the fiscal year shall be averaged together to be used to calculate the base year. The secretary for aging and disability services shall not apply the 85% rule regarding number of beds filled for nursing facilities with 60 licensed beds or less to determine nursing facility reimbursement rates.
History:
L. 2006, ch. 208, § 11; L. 2007, ch. 175, § 1; L. 2014, ch. 115, § 398; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 59 - Department For Aging And Disability Services › 75-5961 Senior pharmacy assistance program; eligibility for; rules and regulations; section suspended upon commencement of federal program.

75-5961. Senior pharmacy assistance program; eligibility for; rules and regulations; section suspended upon commencement of federal program.
(a) Within the limits of appropriations therefor, the secretary for aging and disability services shall establish a senior pharmacy assistance program in accordance with the provisions of this section. The senior pharmacy assistance program shall provide financial assistance to eligible individuals for the purchase of prescription drugs.
(b) The secretary for aging and disability services shall adopt rules and regulations establishing eligibility for the senior pharmacy assistance program subject to the following criteria:
(1) An individual to be eligible for the program must be 65 years of age or older;
(2) an eligible individual's income must not exceed 200% of the federal poverty guidelines for a one person family unit and the individual's household income must not exceed 200% of the federal poverty guidelines for a two person family unit;
(3) an eligible individual must not qualify for funding from any other local, state or federal prescription drug program;
(4) an eligible individual must not be covered under any private prescription reimbursement plan; and
(5) an eligible individual must not have voluntarily canceled a local, state or federal prescription drug program or a private prescription reimbursement plan, except in an incidence of financial hardship, within six months prior to application for enrollment in the senior pharmacy assistance program.
(c) The secretary for aging and disability services shall adopt rules and regulations as necessary to implement the provisions of the senior pharmacy assistance program at a level that can be supported within appropriated funds available therefor. The secretary for aging and disability services shall adopt rules and regulations which establish the benefits, limitations and cost-sharing requirements for the senior pharmacy assistance program. Enrollment in the program shall be in accordance with applications and procedures established by the secretary for aging and disability services.
(d) The provisions of this section and the senior pharmacy assistance program are hereby suspended on the day upon which payments commence under any federal law enacted on or after the effective date of this act which provides financial assistance for the purchase of prescription drugs to individuals eligible for financial assistance for the purchase of prescription drugs.
History:
L. 2000, ch. 154, § 1; L. 2003, ch. 157, § 1; L. 2014, ch. 115, § 399; July 1.