Kansas StatutesChapter 39 MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
- Article 1 LEGAL RESIDENCE
- Article 2 CERTAIN INCOMPETENT PERSONS, DRUNKARDS AND DRUG ADDICTS
- Article 3 RELIEF AND CARE OF DEPENDENT PERSONS
- Article 3a EMERGENCY POOR RELIEF
- Article 4 HOSPITAL TREATMENT AND HOSPITALIZATION
- Article 5 ADMINISTRATION OF POOR RELIEF; POOR COMMISSIONER
- Article 6 ALLOWANCES AND PENSIONS
- Article 7 SOCIAL WELFARE
- 39-701. Purposes of act.
- 39-702. Definitions.
- 39-703 to 39-707
- 39-708
- 39-708a. Payment of claims to medical vendors not filed within fiscal year; limitation.
- 39-708b
- 39-708c. Powers and duties of secretary of social and rehabilitation services; community work experience programs; disbursal of property including food stamps; division of services for the blind; chil
- 39-708d. Same; lease of office or business space.
- 39-709. Eligibility requirements of applicants for and recipients of assistance, available resources; failure to comply with reporting and other requirements, penalties; automatic assignment of suppor
- 39-709a
- 39-709b. Information concerning applicants for and recipients of assistance; confidentiality, exceptions; public list of certain recipients, public record, where available; unlawful acts, penalties.
- 39-709c. Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.
- 39-709d
- 39-709e. Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.
- 39-710. Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.
- 39-711
- 39-711a. Meal services for the aging; use of school lunch facilities under agreement with local board of education.
- 39-712
- 39-713
- 39-713a
- 39-713b
- 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
- 39-716
- 39-717. Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.
- 39-718
- 39-718a
- 39-718b. Liability of parent or guardian for assistance provided child, exceptions.
- 39-719
- 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 ineligible recipient.
- 39-719c. Proof deemed prima facie evidence assistance unlawfully received.
- 39-719d
- 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
- 39-723
- 39-724 to 39-730
- 39-731 to 39-733
- 39-734, 39-735
- 39-736
- 39-737
- 39-738
- 39-739. Sight handicapped persons; reports to state board of health; forms.
- 39-740. Same; records available to secretary of social and rehabilitation services.
- 39-741
- 39-742
- 39-743
- 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
- 39-748
- 39-749, 39-750
- 39-751. Program for home maintenance; duties of secretary of social and rehabilitation services.
- 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
- 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
- 39-756a. Time assignment of support rights under 39-709 remains in effect; assignment of rights to payment for medical care unaffected.
- 39-756b
- 39-756c
- 39-756d
- 39-757. Secretary to deposit moneys received under 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 to 39-776
- 39-777
- 39-778
- 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 health care 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; SRS temporary deposit fund.
- 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 secretary
- 39-787. Division of aggregate income authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of secretary of
- 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;
- 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 39-785 through 39-790 suspended; expiration of section.
- 39-792 to 39-799. Reserved.
- 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.
- 39-7,101. Citation of act.
- 39-7,102. Definitions.
- 39-7,103. Employment and related services for public assistance recipients; responsibility of secretary of social and rehabilitation services; cooperation by state and local agencies; KanWork program;
- 39-7,104. Participation of public assistance recipients in KanWork program; evaluation and screening; performance standards to measure program; period of participation; participant appeal procedure.
- 39-7,105. Job preparation, training and education components of KanWork; period of participation; civil service examinations; community service providers, contracts.
- 39-7,106. Support service component of KanWork.
- 39-7,107. Transitional service component of KanWork.
- 39-7,108. KanWork interagency coordinating committee created; appointment of members; terms; meetings; quorum; duties; assistance to committee; compensation and expenses.
- 39-7,109. State child care centers; establishment; licensing; children eligible for services; rules and regulations; fees.
- 39-7,110. Resident for general assistance motor vehicle must be registered in state.
- 39-7,111
- 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 ca
- 39-7,114, 39-7,115. Reserved.
- 39-7,116. Definitions.
- 39-7,118. Drug utilization review program.
- 39-7,119. Same; medicaid drug utilization review board created; members; terms; chairperson; closed or executive 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.
- 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.
- 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
- 39-7,122. Transitional medical care services; period of assistance; copayment requirement.
- 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.
- 39-7,127. 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. Same; financial support for persons otherwise eligible for aid to families with dependent children; Kansas income tax credit; agreement with secretary, use of moneys.
- 39-7,133. Severability of act.
- 39-7,134, 39-7,135. Reserved.
- 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
- 39-7,154
- 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 of SRS; rules and regulations.
- 39-7,159. Comprehensive and coordinated system of long-term care services; cooperation by department on aging, SRS and Kansas health policy authority.
- 39-7,160. Joint committee on home and community based services oversight; members; meetings; compensation and expenses.
- 39-7,161. Home and community based services savings fund administered by secretary of SRS; certification, transfer and expenditure.
- 39-7,162. Home and community based services savings fund administered by secretary of aging; certification, transfer and expenditures.
- Article 8 DISSOLUTION OF KANSAS EMERGENCY RELIEF COMMITTEE
- Article 9 ADULT CARE HOMES
- 39-901, 39-902
- 39-903
- 39-904 to 39-908
- 39-909
- 39-910
- 39-911
- 39-912 to 39-916
- 39-917
- 39-918
- 39-919 to 39-922
- 39-923. Definitions.
- 39-924. Purpose of act.
- 39-925. Administration of act; transfer of administration to secretary of aging; 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 the mentally retarded; 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; notice; hearing; appeal.
- 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 personnel; examination and fees; state registry established; refresher course required; supplier of medication
- 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.
- 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. Department on aging 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
- 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 of aging; long-term care resource information; rules and reg
- 39-969. Criminal history record information.
- 39-970. Operation of adult care home precluded, when; access of secretary of health and environment to certain records; background check of employees, civil liability, fee for information request; pro
- 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.
- Article 10 DAY CARE PROGRAMS FOR MENTALLY RETARDED AND HANDICAPPED CHILDREN
- Article 11 PHYSICALLY DISABLED PERSONS
- Article 12 REHABILITATION PROGRAMS FOR MENTALLY RETARDED AND HANDICAPPED PERSONS
- Article 13 COMMUNITY BASED SERVICES FOR CHILDREN
- Article 14 REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
- 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 require
- 39-1403. Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.
- 39-1404. Same; duties of department of social and rehabilitation services and department of health and environment; personal visit; investigation and evaluation; information provided to certain person
- 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
- 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 to 39-1420. Reserved.
- 39-1421 to 39-1429
- 39-1430. Abuse, neglect or exploitation of certain adults; definitions.
- 39-1431. Abuse, neglect or exploitation of certain adults; reporting abuse, neglect or exploitation or need of protective services; persons required to report; penalty for failure to report; posting n
- 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 department of social and rehabilitation services; personal visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provid
- 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 not provided.
- 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 of social and rehabilitation services; toll-free telephone number.
- 39-1442. Same; least restrictive actions to be taken.
- 39-1443. Investigation of adult abuse; coordination and cooperation between agencies.
- Article 15 ADULT FAMILY HOMES
- Article 16 MENTAL HEALTH REFORM
- Article 17 CHILDREN, ADOLESCENTS, FAMILIES; INTERAGENCY PROVISION OF SERVICES
- Article 18 DEVELOPMENTAL DISABILITIES REFORM