Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1412.Transfer of certain powers, duties andfunctions of secretary of health and environment to secretary of aging;preservation of certain actions.(a) On July 1, 2003, certain powers, duties and functions ofthe secretary of health and environment under K.S.A.39-1401 through 39-1411,and amendments thereto, are hereby transferred from the secretary of health andenvironment to the secretary of aging, as provided by this act.
(b) No suit, action or other proceeding, judicial or administrative, whichpertains to any of the transferred reporting of abuse, neglect or exploitationof adult care home residents, which is lawfully commenced, or could have beencommenced, by or against the secretary of health and environment in suchsecretary's official capacity or in relation to the discharge of suchsecretary's official duties, shall abate by reason of the transfer of suchprogram. The secretary of aging shall be named or substituted as the defendantin place of the secretary of health and environment in any suit, action orother proceeding involving claims arising from facts or events first occurringeither on or before the date the pertinent program is transferred or on anydate thereafter.
(c) No suit, action or other proceeding, judicial or administrative,pertaining to the reporting of abuse, neglect or exploitation of adult carehome residents which otherwise would have been dismissed or concluded shallcontinue to exist by reason of any transfer under this act.
(d) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-1401 et seq., and amendments thereto,or the act for judicial review and civil enforcement of agency actions, K.S.A.77-601 et seq., and amendments thereto, currently pertaining toreporting of abuse, neglect or exploitation of adult care home residents,transferred pursuant to this act shall be binding upon and applicable to thesecretary of aging and the department on aging.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1412.Transfer of certain powers, duties andfunctions of secretary of health and environment to secretary of aging;preservation of certain actions.(a) On July 1, 2003, certain powers, duties and functions ofthe secretary of health and environment under K.S.A.39-1401 through 39-1411,and amendments thereto, are hereby transferred from the secretary of health andenvironment to the secretary of aging, as provided by this act.
(b) No suit, action or other proceeding, judicial or administrative, whichpertains to any of the transferred reporting of abuse, neglect or exploitationof adult care home residents, which is lawfully commenced, or could have beencommenced, by or against the secretary of health and environment in suchsecretary's official capacity or in relation to the discharge of suchsecretary's official duties, shall abate by reason of the transfer of suchprogram. The secretary of aging shall be named or substituted as the defendantin place of the secretary of health and environment in any suit, action orother proceeding involving claims arising from facts or events first occurringeither on or before the date the pertinent program is transferred or on anydate thereafter.
(c) No suit, action or other proceeding, judicial or administrative,pertaining to the reporting of abuse, neglect or exploitation of adult carehome residents which otherwise would have been dismissed or concluded shallcontinue to exist by reason of any transfer under this act.
(d) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-1401 et seq., and amendments thereto,or the act for judicial review and civil enforcement of agency actions, K.S.A.77-601 et seq., and amendments thereto, currently pertaining toreporting of abuse, neglect or exploitation of adult care home residents,transferred pursuant to this act shall be binding upon and applicable to thesecretary of aging and the department on aging.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1412.Transfer of certain powers, duties andfunctions of secretary of health and environment to secretary of aging;preservation of certain actions.(a) On July 1, 2003, certain powers, duties and functions ofthe secretary of health and environment under K.S.A.39-1401 through 39-1411,and amendments thereto, are hereby transferred from the secretary of health andenvironment to the secretary of aging, as provided by this act.
(b) No suit, action or other proceeding, judicial or administrative, whichpertains to any of the transferred reporting of abuse, neglect or exploitationof adult care home residents, which is lawfully commenced, or could have beencommenced, by or against the secretary of health and environment in suchsecretary's official capacity or in relation to the discharge of suchsecretary's official duties, shall abate by reason of the transfer of suchprogram. The secretary of aging shall be named or substituted as the defendantin place of the secretary of health and environment in any suit, action orother proceeding involving claims arising from facts or events first occurringeither on or before the date the pertinent program is transferred or on anydate thereafter.
(c) No suit, action or other proceeding, judicial or administrative,pertaining to the reporting of abuse, neglect or exploitation of adult carehome residents which otherwise would have been dismissed or concluded shallcontinue to exist by reason of any transfer under this act.
(d) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-1401 et seq., and amendments thereto,or the act for judicial review and civil enforcement of agency actions, K.S.A.77-601 et seq., and amendments thereto, currently pertaining toreporting of abuse, neglect or exploitation of adult care home residents,transferred pursuant to this act shall be binding upon and applicable to thesecretary of aging and the department on aging.
