Chapter 39.—MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE

Kansas Statutes

Chapter 39.—MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE

Article 1.—LEGAL RESIDENCE
- Cross References to Related Sections:
  Powers of secretary for children and families as to state of residence in disputed cases, see 39-708c(v).
  Law Review and Bar Journal References:
  Disputed areas of probate court jurisdiction, Edwin B. Brabets, 18 J.B.A.K. 97, (1949).
- 39-101 Repealed.
- 39-102 Repealed.
- 39-103, 39-104 Repealed.
- 39-105 through 39-108 Repealed.
- 39-109 Repealed.
- 39-110 Return of nonresidents to place of residence; how costs paid; arbitration with certain other states concerning legal residence.
- 39-111 State legal residence requirements; waiver, when.
Article 2.—CERTAIN INCOMPETENT PERSONS, DRUNKARDS AND DRUG ADDICTS (Not in active use)
- 39-201 Repealed.
- 39-202 Repealed.
- 39-203 Repealed.
- 39-204 Repealed.
- 39-205 Repealed.
- 39-206 Repealed.
- 39-207 Repealed.
- 39-208 Repealed.
- 39-209 Repealed.
- 39-210 Repealed.
- 39-211 Repealed.
- 39-212 Repealed.
- 39-213 Repealed.
- 39-214 Repealed.
- 39-215 Repealed.
- 39-216 Repealed.
- 39-217 Repealed.
- 39-218 Repealed.
- 39-219 Repealed.
- 39-220 Repealed.
- 39-221 Repealed.
- 39-222 Repealed.
- 39-223 Repealed.
- 39-224 Repealed.
- 39-225 Repealed.
- 39-226 Repealed.
- 39-227 Repealed.
- 39-228 Repealed.
- 39-229 Repealed.
- 39-230 Repealed.
- 39-231 Repealed.
- 39-232 Repealed.
- 39-233 Repealed.
- 39-234 Repealed.
- 39-235 Repealed.
- 39-236 Repealed.
- 39-237 Repealed.
- 39-238 Repealed.
- 39-239 Repealed.
- 39-240, 39-241 Repealed.
Article 3.—RELIEF AND CARE OF DEPENDENT PERSONS
- Cross References to Related Sections:
  Social welfare act, see chapter 39, article 7.
- 39-301 Repealed.
- 39-302 Repealed.
- 39-303 Repealed.
- 39-304 Repealed.
- 39-305 Repealed.
- 39-305a Repealed.
- 39-306 Repealed.
- 39-307 Repealed.
- 39-308 through 39-310 Repealed.
- 39-311 Repealed.
- 39-312 Repealed.
- 39-313 Repealed.
- 39-314 through 39-318 Repealed.
- 39-319 Repealed.
- 39-320 through 39-322 Repealed.
- 39-323 Repealed.
- 39-324 Repealed.
- 39-325, 39-326 Repealed.
- 39-327 Repealed.
- 39-328 Repealed.
- 39-328a Repealed.
- 39-329, 39-330 Repealed.
- 39-331 Repealed.
- 39-332 Repealed.
- 39-333 Discontinuance of asylum or farm and disposition of property; election, when.
- 39-334 Repealed.
- 39-335 through 39-339 Repealed.
- 39-340 Repealed.
- 39-340a Repealed.
- 39-340b Repealed.
- 39-340c Repealed.
- 39-341 Repealed.
- 39-342 Repealed.
- 39-342a Repealed.
- 39-342b, 39-342c Repealed.
- 39-342d Repealed.
- 39-342e Repealed.
- 39-343 Sale of asylum or farm in counties over 25,000; sale price and terms.
- 39-344 Sale of asylum or farm in counties over 25,000; appraisement procedure.
- 39-345 Repealed.
- 39-346 Repealed.
- 39-347 Repealed.
- 39-348 Same; election for sale as formerly required under K.S.A. 39-347.
- 39-349 Same; use of proceeds of sale or levy.
- 39-350 Same; maintenance of asylums.
- 39-351 Supplemental nature of K.S.A. 39-349 to 39-351.
- 39-352, 39-353 Repealed.
- 39-354 through 39-357 Repealed.
- 39-358 Repealed.
- 39-359 Repealed.
- 39-360 through 39-362 Repealed.
- 39-363 Repealed.
- 39-364 Repealed.
- 39-365 Proceeds from sale of certain county farm realty to special building fund; use.
- 39-366 Building for the poor in certain counties; issuance of bonds.
- 39-367 Sale of all or part of county farm in certain counties between 9,000 and 10,000.
- 39-368 Same; appraisement; report; notice; hearing for confirmation; objections; approval or finding as to actual value.
Article 3a.—EMERGENCY POOR RELIEF (Not in active use)
- 39-3a01 Repealed.
- 39-3a02 Repealed.
- 39-3a03 Repealed.
- 39-3a04 Repealed.
- 39-3a05 Repealed.
- 39-3a06, 39-3a07 Repealed.
- 39-3a08 through 39-3a13 Repealed.
- 39-3a14 Repealed.
- 39-3a15, 39-3a16 Repealed.
- 39-3a17 through 39-3a20 Repealed.
- 39-3a21 through 39-3a25 Repealed.
- 39-3a26 Repealed.
- 39-3a27 Repealed.
- 39-3a28 Repealed.
- 39-3a29 Repealed.
- 39-3a30 Repealed.
- 39-3a31, 39-3a32 Repealed.
Article 4.—HOSPITAL TREATMENT AND HOSPITALIZATION
- 39-401 Repealed.
- 39-402 through 39-407 Repealed.
- 39-408 through 39-412 Repealed.
- 39-413 Repealed.
- 39-414 Repealed.
- 39-415 Counties between 175,000 and 250,000; definitions.
- 39-416 County hospital fund for medically indigent persons in certain counties; tax levy, use of proceeds.
- 39-417 Same; rules and regulations.
- 39-418 Same; hospital advisory council; appointment; duties; monthly publication of recipients' names and addresses.
Article 5.—ADMINISTRATION OF POOR RELIEF; POOR COMMISSIONER (Not in active use)
- 39-501 Repealed.
- 39-502, 39-503 Repealed.
- 39-504 Repealed.
- 39-505, 39-506 Repealed.
- 39-507, 39-508 Repealed.
- 39-509 Repealed.
- 39-510 Repealed.
- 39-511 Repealed.
- 39-512 through 39-516 Repealed.
- 39-517 Repealed.
- 39-518 Repealed.
- 39-519 Repealed.
- 39-520 Repealed.
- 39-521 Repealed.
- 39-522 Repealed.
- 39-523, 39-524 Repealed.
- 39-525 Repealed.
- 39-526 Repealed.
- 39-527 Repealed.
- 39-528, 39-529 Repealed.
Article 6.—ALLOWANCES AND PENSIONS (Not in active use)
- Cross References to Related Sections:
  Social welfare act, see chapter 39, article 7.
- 39-601 Repealed.
- 39-602, 39-603 Repealed.
Article 7.—SOCIAL WELFARE
- Cross References to Related Sections:
  Constitutional provision, see Kansas Constitution, article 7, § 4.
  
  Appointment of representative by probate court, see 59-2801 through 59-2805.
  
  Department of social and rehabilitation services, see chapter 75, article 33 and article 53.
  
  Administration of certain medical assistance plans transferred to the Kansas health policy authority, see 75-7408, 75-7409, 75-7410.
  Law Review and Bar Journal References:
  Cited in discussing the federal social security act of 1935, Errett P. Scrivner, 6 J.B.A.K. 23, 27 (1937).
  
  "Practitioner's Guide To Subrogation Liens And Reimbursement Rights," Gary D. White, Jr., J.K.T.L.A. Vol. XVIII, No. 4, 5, 6 (1995).
  
  "Improperly Divorced From Its Roots: The Rationales of the Collateral Source Rule and Their Implications for Medicare and Medicaid Write-Offs," Guillermo Gabriel Zorogastua, 55 K.L.R. 463 (2007).
- 39-701 Purposes of act.
- 39-702 Definitions.
- 39-703 through 39-707 Repealed.
- 39-708 Repealed.
- 39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.
- 39-708b Repealed.
- 39-708c Powers and duties of secretary for children and families; community work experience programs; disbursal of property including food stamps; division of services for the blind; children and youth service program; medical care for needy persons; payment schedules for healthcare providers; centralized payment of welfare expenditures.
- 39-708d Same; lease of office or business space.
- 39-709 Eligibility requirements for temporary assistance for needy families, food assistance, child care subsidy and medical assistance; prohibition of medicaid expansion; automatic assignment of support rights for children in custody of the secretary; non-cooperation and reporting failure; disqualification and penalties; lien procedures and enforcement; fraud investigations; rules and regulations.
- 39-709a Repealed.
- 39-709b Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics.
- 39-709c Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.
- 39-709d Repealed.
- 39-709e Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.
- 39-709f Medical assistance program and managed care organizations; contract; prompt payment.
- 39-709g Public assistance; duties of secretary for children and families; acceptance of telephonic signatures for applications.
- 39-709h Medical assistance program; patient encounter data; requirements imposed on managed care organizations; audits; rules and regulations.
- 39-709i Medical assistance program; decisions rendered by managed care organizations; appeals process; external independent third-party review; notice and procedure.
- 39-709j Medical assistance program; coverage for speech-language pathology and audiology services.
- 39-710 Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.
- 39-711 Repealed.
- 39-711a Meal services for the aging; use of school lunch facilities under agreement with local board of education.
- 39-712 Repealed.
- 39-713 Repealed.
- 39-713a Repealed.
- 39-713b Repealed.
- 39-713c Homes for children.
- 39-713d Funeral and cemetery expenses; limitations.
- 39-714 County home; admission; treatment; ownership by two counties; tax levy, use of proceeds; issuance of bonds in certain counties.
- 39-715 Repealed.
- 39-716 Repealed.
- 39-717 Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.
- 39-718 Repealed.
- 39-718a Repealed.
- 39-718b Liability of parent or guardian for assistance provided child, exceptions.
- 39-719 Repealed.
- 39-719a Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court.
- 39-719b Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient.
- 39-719c Proof deemed prima facie evidence assistance unlawfully received.
- 39-719d Repealed.
- 39-719e Medical benefit plan providers to provide information identifying covered medical assistance recipients; procedures; enforcement.
- 39-720 Penalty relating to fraudulent acts; civil actions, evidence.
- 39-721 Severability clause.
- 39-722 Repealed.
- 39-723 Repealed.
- 39-724 through 39-730 Repealed.
- 39-731 through 39-733 Repealed.
- 39-734, 39-735 Repealed.
- 39-736 Repealed.
- 39-737 Repealed.
- 39-738 Repealed.
- 39-739 Sight handicapped persons; reports to state board of health; forms.
- 39-740 Same; records available to secretary for children and families.
- 39-741 Repealed.
- 39-742 Repealed.
- 39-743 Repealed.
- 39-744 Transfer of powers, duties and functions.
- 39-745 Transition; preservation of civil rights of action and proceedings; criminal actions not to abate.
- 39-746 Positions of certain officers and employees abolished; transfer of employees; rights preserved.
- 39-747 Repealed.
- 39-748 Repealed.
- 39-749, 39-750 Repealed.
- 39-751 Program for home maintenance; duties of secretary for children and families.
- 39-752 Same; appointment of supervisors.
- 39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.
- 39-754 Support rights assigned to secretary; secretary's rights; court record of support collected by secretary.
- 39-754a Repealed.
- 39-755 Actions by secretary to establish parentage and to enforce support rights; necessary parties to proceedings; counsel; orders; application of section.
- 39-756 Support enforcement services available to certain persons; assignment of support rights; limited power of attorney; continuation of services after discontinuance of public assistance; fees for services; distribution of collections; attorneys representing Kansas department for children and families; attorney-client relationship.
- 39-756a Time assignment of support rights under K.S.A. 39-709 remains in effect; assignment of rights to payment for medical care unaffected.
- 39-756b Repealed.
- 39-756c Repealed.
- 39-756d Repealed.
- 39-757 Secretary to deposit moneys received under K.S.A. 39-709 and 39-756 with state treasurer; dispositions; expenditure from funds.
- 39-758 Location of absent parents or their assets; cooperation of governmental units with secretary; availability of information.
- 39-759 Unlawful acts relating to information concerning absent parents; penalty.
- 39-760 Establishment of system for reporting suspected abuse or fraud in welfare or medical assistance programs; notice of existence of system.
- 39-761 through 39-776 Repealed.
- 39-777 Repealed.
- 39-778 Repealed.
- 39-779 through 39-781 Expired.
- 39-782 Hearing required prior to certifying adult care home for participation in state medical assistance program as intermediate care facility for mental health; notice.
- 39-783 Notice to affected healthcare provider groups of reduction in scope or reimbursement of services under medical assistance program; contents; effect of failure to give notice.
- 39-784 Fees for providing home health services for recipients served under medicaid home and community based services program; disposition; Kansas department for aging and disability services temporary deposit fund.
- DIVISION OF RESOURCES AND INCOME
  39-785 Definitions.
- 39-786 Division of aggregate resources authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of Kansas department for children and families; lien authorized, limitations; rules and regulations; increase in dollar amounts based on consumer price index.
- 39-787 Division of aggregate income authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of secretary for children and families; rules and regulations.
- 39-788 Act not in conflict with federal statute or regulation until final determination by federal secretary of health and human services that conflict exists; judicial review of such determination; notification of appropriate committees of legislature.
- 39-789 Persons unable to give consent for transfers eligible for assistance under act; court order of maintenance, conservatorship or property and income division required.
- 39-790 Court-ordered child support obligation or family maintenance allowance not available income.
- 39-791 Application of K.S.A. 39-785 through 39-790 suspended; expiration of section.
- 39-792 through 39-799 Reserved.
- HOME AND COMMUNITY BASED SERVICES
  39-7,100 Home and community based services program; definitions; program requirements; demonstration projects.
- 39-7,100a Home and community based services; expansion to include services provided under senior care act; funding.
- 39-7,100b Individuals with disabilities; reinstatement of eligibility; home and community based services; definitions; rules and regulations.
- KANWORK ACT
  39-7,101 Repealed.
- 39-7,102 Repealed.
- 39-7,103 Repealed.
- 39-7,104 Repealed.
- 39-7,105 Repealed.
- 39-7,106 Repealed.
- 39-7,107 Repealed.
- 39-7,108 Repealed.
- 39-7,109 Repealed.
- 39-7,110 Repealed.
- 39-7,111 Repealed.
- 39-7,112 Implementation of managed care system to provide medicaid services; contracts; areas of state selected for implementation; waivers; managed care implementation committee; reports; managed care project at university of Kansas medical center terminated.
- 39-7,113 Expired.
- 39-7,114, 39-7,115 Reserved.
- DRUG FORMULARY
  39-7,116 Definitions.
- 39-7,117 Revisor's Note
- 39-7,118 Drug utilization review program.
- 39-7,119 Same; medicaid drug utilization review board created; members; terms; chairperson; closed or executive meetings; required meetings.
- 39-7,120 Limitations on restrictions of patient access to prescription-only drugs through prior authorization or restrictive formulary; rules and regulations; factors to consider.
- 39-7,121 Electronic pharmacy claims management system; limitations on utilization of system; implementation of system; reporting requirements.
- 39-7,121a State medicaid preferred drug formulary; advisory committee; evaluation of drugs and drug classes; rebates; discounts and services; review of formulary.
- 39-7,121b Limitations on restrictions on medications used to treat mental illness; medications available without restrictions; review by mental health medication advisory committee and medicaid drug utilization review board; mental health medication advisory committee established; members; meetings.
- 39-7,121c Certain medications not subject to prior authorization.
- 39-7,121d Program of differential dispensing fees for certain pharmacies; provisions for differential ingredient cost reimbursement; prescriber's unique identification number.
- 39-7,121e Limitation of reimbursement to multisource generic equivalent drugs, when; pharmacists not required to dispense certain drugs.
- 39-7,121f Repealed.
- 39-7,121g Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver.
- 39-7,122 Repealed.
- 39-7,123 State individual assistance support trust fund; agreements with trusts; interest transfers; expenditures and administration; rules and regulations.
- 39-7,124 Aid to families with dependent children; no grant payments for unmarried minor who has a child unless residing with parent; exceptions.
- 39-7,125 Same; reduction in incremental aid for certain additional children, exception; adjustment to earned income disregard.
- 39-7,126 Expired.
- 39-7,127 Same; work-and-earn incentive program; waivers from federal program requirements before implementation.
- 39-7,128 Same; eligibility determination; exclusion of income earned and saved by minor for educational purposes; rules and regulations.
- 39-7,129 Same; compliance with child immunization and vaccination requirements for continuing eligibility for aid.
- 39-7,130 Same; requiring waiver applications for certain federal eligibility requirements for two-parent families, women in first month of pregnancy, and children in foster care.
- 39-7,131 Same; application for waivers of federal requirements prior to implementation of act.
- 39-7,132 Aid to families with dependent children; financial support for persons otherwise eligible for such aid; Kansas income tax credit for corporations; agreement with secretary, use of moneys.
- 39-7,133 Severability of act.
- DISSEMINATION OF INFORMATION ON ENFORCEMENT
  39-7,134 Establishment of system.
- 39-7,135 Title IV-D agency designated; maintenance of Kansas payment center for collection and disbursement of support payments; contracts for administration and operation; disposition of certain payments under unclaimed property act.
- 39-7,136 Access to information relating to a IV-D case.
- 39-7,137 Construction.
- 39-7,138 Definitions.
- 39-7,139 Powers and remedies of the secretary concerning IV-D services.
- 39-7,140 Jurisdiction; service; notice.
- 39-7,141 Waiver of rights.
- 39-7,142 Administrative orders.
- 39-7,143 Same; enforceability.
- 39-7,144 Subpoena; service; enforceability.
- 39-7,145 Genetic tests.
- 39-7,146 Arrearages.
- 39-7,147 Income withholding order.
- 39-7,148 Same; modification or termination.
- 39-7,149 Same; hearing.
- 39-7,150 Administrative levy on cash assets.
- 39-7,151 Redirecting support payments; assignment; change of payee.
- 39-7,152 Execution; arrearages.
- 39-7,153 Repealed.
- 39-7,154 Repealed.
- 39-7,155 Past due child support or failure to comply with subpoena, restricted driving privileges; certification by secretary; notice; hearing.
- 39-7,156 Same; prevention of certification.
- 39-7,157 Same; termination of proceedings; issuance of driver's license.
- 39-7,158 Agreement between secretary of revenue and secretary for children and families; rules and regulations.
- 39-7,159 Comprehensive and coordinated system of long-term care services; cooperation by Kansas department for aging and disability services, Kansas department for children and families and department of health and environment.
- 39-7,160 Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight; members; meetings; reporting; compensation and expenses.
- 39-7,161 Repealed.
- 39-7,162 Home and community based services savings fund administered by secretary for aging and disability services; certification, transfer and expenditures.
- 39-7,163 Kansas senior task force; topics of study; membership; appointment; meetings; report to the legislature; professional services; compensation.
- 39-7,164 Expired
Article 8.—DISSOLUTION OF KANSAS EMERGENCY RELIEF COMMITTEE (Not in active use)
- 39-801 through 39-804 Repealed.
Article 9.—ADULT CARE HOMES
- Cross References to Related Sections:
  Licensure of adult care home administrators, see chapter 65, article 35.
  
  Reporting abuse or neglect of residents of adult care homes and certain medical care facilities, see 39-1401 et seq.
  
  Board of adult care home administrators, see 65-3506.
  
  State long-term care ombudsman, see 75-7301 et seq.
  Attorney General's Opinions:
  Adult care homes; licensure and membership. 89-96.
- 39-901, 39-902 Repealed.
- 39-903 Repealed.
- 39-904 through 39-908 Repealed.
- 39-909 Repealed.
- 39-910 Repealed.
- 39-911 Repealed.
- 39-912 through 39-916 Repealed.
- 39-917 Repealed.
- 39-918 Repealed.
- 39-919 through 39-922 Repealed.
- LICENSURE
  39-923 Definitions.
- 39-923a Repealed.
- 39-924 Purpose of act.
- 39-925 Administration of act; transfer of administration to secretary for aging and disability services; appointment of officer to administer the act; contracts.
- 39-926 License required to operate home; compliance with regulations.
- 39-926a Limitation on number of persons licensed to operate adult care home; application of section; section supplemental to adult care home licensure act.
- 39-927 Application for license; contents; application for license to operate new intermediate nursing care home for people with intellectual disability; limitations.
- 39-928 Issuance of license, when; inspections and investigations; reports; time license effective; nontransferable; display; contents of license.
- 39-929 Provisional license, approval; terms; extension.
- 39-930 License fee; disposition.
- 39-931 Denial, suspension or revocation of license; emergency orders; settlement agreements; certain licensure limitations.
- 39-931a Same; grounds; person defined.
- 39-932 Adoption and enforcement of rules, regulations and standards.
- 39-932a Adult care homes in less than an entire building.
- 39-933 Inspections and investigations; regulations for changes in facilities.
- 39-934 Certain information confidential.
- 39-935 Inspections; reporting; access to premises; exit interviews; unannounced inspections; inspection reports, posting and access; risk management program, when required; admissibility of reports.
- 39-936 Statement on admission; qualified personnel; education and training of unlicensed employees and certified nurse aides; requirements for instructors thereof; examination and fees; state registry established; refresher course required; supplier of medication; limitations on involuntary transfer or discharge of resident; effect of reliance upon spiritual means or prayer for healing by resident.
- 39-937 Compliance with other laws and regulations.
- 39-938 Compliance with requirements and rules and regulations; exceptions.
- 39-939 Unlawful acts.
- 39-940 Forms for application, reports, records and inspections; records open to inspection; unlawful acts.
- 39-941 Adult care homes; license and regulation; certain organizations exempt.
- 39-942 License in effect on effective date of act continued in effect; exceptions.
- 39-943 Penalties.
- 39-944 Injunctions and other process.
- 39-945 Correction orders; issuance; contents.
- 39-946 Civil penalty; issuance; notice of assessment; factors in determining amount of civil penalty; enforcement.
- 39-947 Appeals to secretary; hearing; disposition of civil penalties.
- 39-947a Informal dispute resolution; written request; procedure.
- 39-948 Appeals to district court; disposition of civil penalties.
- 39-949 Disposition of moneys.
- 39-950 Rules and regulations.
- 39-951 Authority granted under act additional and not limiting.
- 39-952 Correction order not issued, when.
- 39-953 Citation of act.
- 39-953a Order prohibiting new admissions to adult care home; when issued; proceedings; remedy not limiting.
- 39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
- RECEIVERSHIP
  39-954 Application for receiver; order appointing; qualifications of persons designated and method of selection, rules and regulations.
- 39-955 Filing application for receivership; contents.
- 39-956 Service of copies of application for receivership; posting in adult care home.
- 39-957 Answer to application for receivership.
- 39-958 Priority of application for receivership in district court; evidence; appointment of receiver; certain statutes inapplicable to license granted receiver; length of license.
- 39-959 Powers and duties of receiver.
- 39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
- 39-961 Kansas department for aging and disability services to assist receiver; expenses of department; repayment.
- 39-962 Supervision of district court; final accounting; removal.
- 39-963 Termination of receivership; circumstances; accounting and disposition of money; court orders for recovery of certain expenses and costs.
- 39-964 Procedures for and review and enforcement of administrative actions.
- 39-965 Penalties for violations posing serious physical harm to resident.
- 39-966 Repealed.
- 39-967 Skilled nursing home or intermediate nursing care home means nursing facility.
- 39-968 Client assessment, referral and evaluation program; definitions; implementation; data entry form; requirements; duties of secretary for aging and disability services; long-term care resource information; rules and regulations; voluntary oversight council; annual report.
- 39-969 Criminal history record information.
- 39-970 Adult care home; definitions; operation; precluded, when; access of secretary of health and environment to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed or registered professional service providers, volunteers and certain employees exempt; disqualification for employment; waiver and criteria; rules and regulations; certain persons in custody of secretary of corrections exempt; report of convictions and adjudications by the Kansas bureau of investigation; submission of fingerprints, cost.
- 39-971 Quality enhancement wage pass-through program; eligible employees; quarterly wage audits; limitations on use of pass-through moneys; "nursing facilities" defined.
- 39-972 Residents receiving long-term care in medicaid approved institution; personal needs fund; supplemental income.
- 39-973 Operator registration act.
- 39-974 Same; definitions.
- 39-975 Same; registration of operators; rules and regulations.
- 39-976 Same; operator registration on adult care home administrator license required.
- 39-977 Same; waiver of registration requirements, when.
- 39-978 Same; registration renewal.
- 39-979 Same; fees; health occupations credentialing fee fund.
- 39-980 Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary.
- 39-981 Authorized electronic monitoring; reasonable accommodations; notice; consent; use as evidence; prohibitions.
- 39-982 Requirements of Kansas department for aging and disability services; COVID-19 public health emergency; infection control inspections; provision of personal protective equipment, sanitizing supplies and tests; adoption of best practices.
Article 10.—DAY CARE PROGRAMS FOR CHILDREN WITH INTELLECTUAL OR OTHER DISABILITIES
- 39-1001 Purpose of act.
- 39-1002 Secretary for children and families designated as official to accept and disburse funds.
- 39-1003 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.
- 39-1004 Repealed.
- 39-1005 Purpose of grants-in-aid.
- 39-1006 Day care programs defined.
- 39-1007 Eligible community organizations.
- 39-1008 Grants-in-aid; approval or rejection; effect.
Article 11.—PHYSICALLY DISABLED PERSONS
- 39-1101 Rights of persons with disabilities.
- 39-1102 Same; use of guide dog by legally blind person.
- 39-1103 Same; unlawful to interfere with rights.
- 39-1104 Same; safety day; proclamation; contents.
- 39-1105 Same; employment.
- 39-1106 Same; name and citation of act.
- 39-1107 Rights of persons with disabilities; use of hearing assistance dog by person who is deaf or hard of hearing.
- 39-1108 Same; use of service dog by person with disability.
- 39-1109 Use of assistance dog while training.
- 39-1110 Use of professional therapy dog while training.
- 39-1111 Procedure for verification of person's right to be accompanied by assistance dog or professional therapy dog.
- 39-1112 Unlawful misrepresentations.
- 39-1113 Assistance dogs and professional therapy dogs; definitions.
- 39-1114 Children parented by blind individuals; purpose of act; legislative findings.
- 39-1115 Same; definitions.
- 39-1116 Same; blindness of parent or prospective parent in parentage, dissolution of marriage, adoption, guardianship and child in need of care cases; considerations and restrictions.
Article 12.—REHABILITATION PROGRAMS FOR ADULTS WITH INTELLECTUAL AND OTHER DISABILITIES
- Cross References to Related Sections:
  Medical, physical and vocational rehabilitation under workers compensation act, see 44-510g.
- 39-1201 Purpose of act.
- 39-1202 Secretary for aging and disability services designated as official to accept and disburse funds.
- 39-1203 Repealed.
- 39-1204 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.
- 39-1205 Purpose of grants-in-aid.
- 39-1206 Rehabilitation facilities defined.
- 39-1207 Eligible local community organizations defined.
- 39-1208 Agreements with and grants-in-aid to charitable organizations for employment of disabled persons.
- 39-1209 Same; local government or state agency purchase of products from organizations approved for grants-in-aid.
- 39-1210 Furnishing or selling surplus equipment, supplies and materials to organizations designated in K.S.A. 39-1208 for manufacturing certain motor-vehicle plates and decals; disposition of moneys.
Article 13.—COMMUNITY BASED SERVICES FOR CHILDREN
- 39-1301 Purpose of act.
- 39-1302 Secretary for children and families authorized to accept and disburse grant-in-aid funds, gifts and appropriations to organizations providing group boarding homes and services for children and youth.
- 39-1303 Agreements by secretary or commissioner, conditions; standards for homes and services; publication; availability of local funds.
- 39-1304 Purpose of grants-in-aid.
- 39-1305 Community based group boarding homes for children and youth; defined.
- 39-1305a Repealed.
- 39-1306 Eligibility for grants-in-aid, conditions.
- 39-1307 Application for grants-in-aid; agreements.
Article 14.—REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
- Cross References to Related Sections:
  State long-term care ombudsman, see 75-7301 et seq.
- 39-1401 Abuse, neglect or exploitation of residents; definitions.
- 39-1402 Abuse, neglect or exploitation of residents; reporting abuse, neglect or exploitation or need of protective services; persons required to report; contents of report; posting notice of requirements of act; penalty for failure to report.
- 39-1403 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.
- 39-1404 Same; duties of Kansas department for aging and disability services and department of health and environment; personal visit; investigation and evaluation; information provided to certain persons.
- 39-1405 Same; protective services; injunction.
- 39-1406 Same; persons authorized access to relevant records; authority to take actions to assist residents.
- 39-1407 Consent of resident to protective services; court authorization.
- 39-1408 Same; petition for appointment of guardian or conservator; appointment of attorney to represent resident, when.
- 39-1409 Same; assistance of appropriate public or private agencies, groups or individuals.
- 39-1410 Review subsequent to authorization of protective services; continuation of protective services; reevaluations.
- 39-1411 Register of reports; findings forwarded to certain state regulatory authorities; consideration of findings; certain information confidential and not subject to open records act; disclosure of certain individuals prohibited.
- 39-1412 Transfer of certain powers, duties and functions of secretary of health and environment to secretary of aging; preservation of certain actions.
- 39-1413 through 39-1420 Reserved.
- 39-1421 through 39-1429 Repealed.
- 39-1430 Abuse, neglect or financial exploitation of certain adults; definitions.
- 39-1431 Same; reporting abuse, neglect or financial exploitation or need of protective services; persons required to report; penalty for failure to report; posting notice of requirements of act.
- 39-1431a Repealed.
- 39-1431b Repealed.
- 39-1432 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report; attorney fees awarded, when.
- 39-1433 Same; duties of Kansas department for children and families; face-to-face visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provided to certain persons.
- 39-1434 Statewide register; report, assessment or written evaluation not public record; disclosure of certain individuals prohibited.
- 39-1435 Same; assistance of state departments and agencies and other public and private agencies; law enforcement assistance.
- 39-1436 Same; access to relevant records; confidentiality requirements.
- 39-1437 Same; protective services; duties of secretary of social and rehabilitation services; injunction.
- 39-1438 Same; when protective services accepted or declined.
- 39-1439 Same; district court appointment of attorney to represent involved adult, when.
- 39-1440 Same; review subsequent to authorization of protective services; continuation of protective services; reevaluations.
- 39-1441 Same; authority of secretary for children and families; toll-free telephone number.
- 39-1442 Same; least restrictive actions to be taken.
- 39-1443 Same; investigation of reports; coordination and cooperation between agencies.
Article 15.—ADULT FAMILY HOMES
- Cross References to Related Sections:
  Reporting abuse or neglect of residents of adult care homes, clients of adult family homes and individuals accommodated in certain medical care facilities, see 39-1401 et seq.
- 39-1501 Adult family homes; definitions.
- 39-1502 Same; registration; forms.
- 39-1503 Same; registration; application for renewal; duties of secretary.
- 39-1504 Same; requirements for registration.
- 39-1505 Same; assessing compliance; suspension or revocation of registration; unannounced inspections.
Article 16.—MENTAL HEALTH REFORM
- 39-1601 Citation of act.
- 39-1602 Definitions.
- 39-1603 Powers and duties of secretary for aging and disability services.
- 39-1604 Secretary for aging and disability services to adopt state assessment of needs; plan to develop and operate a state system; development by mental health centers of community assessment of needs and plan for community based services; annual review and update of assessment of needs and plan; coordinated services plan.
- 39-1605 Governor's behavioral health services planning council; composition of council; chairperson; terms of members; vacancies; vice-chairperson; compensation.
- 39-1606 Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports.
- 39-1607 Mental health and developmental disabilities; certain powers, duties and functions.
- 39-1608 Mental health centers to develop community assessment of needs and plan to provide community based mental health services; approval by secretary; annual reviews and reports; amendments to plan; rules and regulations; guidelines for conduct of assessments of need, for development and operation of system of services and for periodic reporting to the secretary.
- 39-1609 Provision of community based mental health services; technical and financial assistance.
- 39-1610 Participating mental health centers; services provided; disbursement of funds for services; mental health reform phased program; admission and discharge criteria for patients; contracts for nonclinical services.
- 39-1611 Pilot project to provide psychiatric and substance abuse services for medicaid eligible residents less than 21 years of age; contract for such services; reports and information.
- 39-1612 Act does not require mental health centers to make expenditures not approved by governing board of center.
- 39-1613 Catchment areas for state psychiatric hospitals; rules and regulations, guidelines.
Article 17.—CHILDREN, ADOLESCENTS, FAMILIES; INTERAGENCY PROVISION OF SERVICES
- 39-1701 Interagency provision of services for children, adolescents and families act; purpose and intention of act.
- 39-1702 Definitions.
- 39-1703 System of regional interagency councils; establishment; purpose; rules and regulations.
- 39-1704 Regional interagency councils; convening of; purpose; chairperson; composition; procedure and meetings; duties; confidentiality.
Article 18.—DEVELOPMENTAL DISABILITIES REFORM
- Cross References to Related Sections:
  Children with special health care needs, see 75-5648, 75-5649.
  
  Commission on disability concerns, see 74-6701 et seq.
  
  Commissioner of mental health and developmental disabilities, see 75-5308d et seq.
  
  Community mental health centers, see 19-4001 through 19-4015.
  
  State planning council on developmental disabilities services, see 74-5501 et seq.
  
  Transition planning services for individuals with disabilities, see 75-5399 et seq.
- 39-1801 Citation of act.
- 39-1802 Policy of state.
- 39-1803 Definitions.
- 39-1804 Implementation of act; powers and duties of secretary for aging and disability services; reports.
- 39-1805 Powers and duties of community developmental disability organization.
- 39-1806 Establishment of system of funding, quality assurance and contracting.
- 39-1807 Repealed.
- 39-1808 Act does not require community service provider to make certain expenditures.
- 39-1809 Act does not create any entitlement to services.
- 39-1810 Rules and regulations.
- 39-1811 Community developmental disability services; maximization of federal financial participation; use of revenue derived therefrom; report to legislature.
Article 19.—KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES, KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
- 39-1901 Kansas department for aging and disability services; secretary for aging and disability services; powers, duties or functions; references to prior agency; rules and regulations.
- 39-1902 Kansas department for children and families; secretary for children and families; powers, duties or functions; references to prior agency; rules and regulations.
- 39-1903 Disability and behavioral health services section; administered by secretary for aging and disability services; programs transferred.
- 39-1904 Kansas department for aging and disability services; programs and operation of institutions transferred.
- 39-1905 Kansas department for aging and disability services; references to the Kansas department for children and families; powers duties, functions, rules and regulations, orders and directives transferred; organization of programs by secretary.
- 39-1906 Kansas department for aging and disability services; disability behavioral health and institution functions; appointment and transfer of officers and employees; rights and benefits preserved.
- 39-1907 Kansas department for aging and disability services; transfer of Kansas department for children and families appropriations; liability for compensation or salaries for transferred officers and employees; problem gambling and addictions grant fund.
- 39-1908 Kansas department for aging and disability services; parts of health occupations credentialing program transferred; criminal history record check program transferred; licensure and certification of certain persons transferred.
- 39-1909 Kansas department for aging and disability services; psychiatric residential treatment facility licensure program transferred; powers, duties and functions of program transferred.
- 39-1910 Kansas department for aging and disability services; references to the department of health and environment; powers, duties, functions, rules and regulations, orders and directives transferred; organization of certain entities and programs.
- 39-1911 Kansas department for aging and disability services; licensure and certification of certain persons, maintenance of certain programs; appointment and transfer of officers and employees; rights and benefits preserved.
- 39-1912 Kansas department for aging and disability services; transfer of department of health and environment appropriations; liability for compensation or salaries for transferred officers and employees; transferred fees, grant funds and loan repayment funds.
- 39-1913 Kansas department for aging and disability services; property, property rights and records; conflicts as to disposition of property, personnel or records determined by governor.
- 39-1914 Rights saved in legal actions and proceedings.
Article 20.—PROVIDERS OF DISABILITY SERVICES
- 39-2001 Providers of disability services; purpose of act.
- 39-2002 Definitions.
- 39-2003 Secretary for aging and disability services; powers, duties and functions.
- 39-2004 Same; rules and regulations.
- 39-2005 Providers; requirements to comply with applicable laws, ordinances and rules and regulations.
- 39-2006 Same; requirements to obtain license.
- 39-2007 Same; application for license.
- 39-2008 License; application and renewal.
- 39-2009 Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; criminal history record checks.
- 39-2010 Licenses issued prior to effective date of act; requirement to comply with act.
- 39-2011 Inspections and investigations of providers and facilities; notice.
- 39-2012 Provision of license; requirements; duration.
- 39-2013 Denial, suspension or revocation of license; procedure.
- 39-2014 Same; person with ownership or other interest in provider.
- 39-2015 Provider operating without license; penalties.
- 39-2016 Correction orders and civil fines.
- 39-2017 Severability of act.
- 39-2018 Community mental health center improvement fund established; expenditures by Kansas department for aging and disability services.
- CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINICS
  39-2019 Certified community behavioral health clinics; certification requirements; medical assistance program funding; deadlines for certification; rules and regulations.

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