Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1811.Community developmental disabilityservices; maximization of federal financial participation; use of revenuederived therefrom; report to legislature.(a) In carrying out the provisions of subsection (b)(2) ofK.S.A.39-1804, and amendments thereto, the secretary shall ensure annually that allavailable state funds appropriated for community developmental disabilityservices are used as match or certified match to secure federal financialparticipation to the maximum extent feasible.
(b) In addition, the secretary shall ensure that funding provided to anycommunity developmental disability organization or any affiliate thereof by anytaxing subdivision of the state is utilized as certified match for federalfinancial participation to the maximum extent feasible. Any public fundingidentified under this section shall be retained at the local level and theauthority for the use of such revenues shall be subject to the statutoryauthority under which such funds are collected and expended and to anyagreements entered into by the local authority with the community serviceprovider or community developmental disability organization to which such fundshave been granted, appropriated or otherwise transferred. No communitydevelopmental disability organization or affiliate shall use any fundingreceived pursuant to this section to supplant funds previously received fromany taxing subdivision of the state. In the event that such funding provided byany taxing subdivision of the state becomes unavailable for any reason, thestate shall have no obligation, except as otherwise provided by law, to providefunding in the amount no longer available in order to retain the same level offederal financial participation.
(c) All actions of the secretary to maximize the availability of federalfinancial participation shall be in accordance with applicable federal statutesand regulations.
(d) Except as otherwise provided in this section, revenue derived from themaximization of federal financial participation shall be used exclusively(1) to increase the reimbursement rateabove the statefiscal year 2001 levels for the home and community based services developmentaldisabilities waiver for day, residential, and individual and family supports,provided on or after July 1, 2001, based on an apportionment agreed to by thesecretary and the community developmental disability organizations; or (2)for other medicaid reimbursable services for persons with developmentaldisabilities based upon an agreement entered into by the secretary andcommunity developmental disability organizations by written contract. Thesecretary shall not be required to utilize more than $15,000,000 in fundingprovided to community developmental disability organizations and theiraffiliates by any taxing subdivision of the state as match for additionalfederal financial participation in any state fiscal year.
(e) The secretary shall require that the council of community members in eachservice area convene representatives of the community developmental disabilityorganization, community service providers, families, consumers and othercommunity stakeholders to develop and implement community capacity buildingplans annually, to improve the quality and efficiency of service delivery.Each such local plan shall: (1) Identify strengths within the local servicearea, including natural and community supports; (2) identify barriers tomeeting the independence, productivity, integration and inclusion goals of thedevelopmental disabilities reform act; and (3) identify key goals that will beaddressed in the service area to develop and maintain such community capacity.
(f) The secretary shall report to the legislature on or before the 15th dayof each regular session on the results of plans to maximize federal financialparticipation and on the results of community capacity building plans developedand implemented within each service area.
(g) This section shall be construed to be part of and supplemental to thedevelopmental disabilities reform act.
History: L. 2001, ch. 197, § 5;L. 2002, ch. 197, § 1; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1811.Community developmental disabilityservices; maximization of federal financial participation; use of revenuederived therefrom; report to legislature.(a) In carrying out the provisions of subsection (b)(2) ofK.S.A.39-1804, and amendments thereto, the secretary shall ensure annually that allavailable state funds appropriated for community developmental disabilityservices are used as match or certified match to secure federal financialparticipation to the maximum extent feasible.
(b) In addition, the secretary shall ensure that funding provided to anycommunity developmental disability organization or any affiliate thereof by anytaxing subdivision of the state is utilized as certified match for federalfinancial participation to the maximum extent feasible. Any public fundingidentified under this section shall be retained at the local level and theauthority for the use of such revenues shall be subject to the statutoryauthority under which such funds are collected and expended and to anyagreements entered into by the local authority with the community serviceprovider or community developmental disability organization to which such fundshave been granted, appropriated or otherwise transferred. No communitydevelopmental disability organization or affiliate shall use any fundingreceived pursuant to this section to supplant funds previously received fromany taxing subdivision of the state. In the event that such funding provided byany taxing subdivision of the state becomes unavailable for any reason, thestate shall have no obligation, except as otherwise provided by law, to providefunding in the amount no longer available in order to retain the same level offederal financial participation.
(c) All actions of the secretary to maximize the availability of federalfinancial participation shall be in accordance with applicable federal statutesand regulations.
(d) Except as otherwise provided in this section, revenue derived from themaximization of federal financial participation shall be used exclusively(1) to increase the reimbursement rateabove the statefiscal year 2001 levels for the home and community based services developmentaldisabilities waiver for day, residential, and individual and family supports,provided on or after July 1, 2001, based on an apportionment agreed to by thesecretary and the community developmental disability organizations; or (2)for other medicaid reimbursable services for persons with developmentaldisabilities based upon an agreement entered into by the secretary andcommunity developmental disability organizations by written contract. Thesecretary shall not be required to utilize more than $15,000,000 in fundingprovided to community developmental disability organizations and theiraffiliates by any taxing subdivision of the state as match for additionalfederal financial participation in any state fiscal year.
(e) The secretary shall require that the council of community members in eachservice area convene representatives of the community developmental disabilityorganization, community service providers, families, consumers and othercommunity stakeholders to develop and implement community capacity buildingplans annually, to improve the quality and efficiency of service delivery.Each such local plan shall: (1) Identify strengths within the local servicearea, including natural and community supports; (2) identify barriers tomeeting the independence, productivity, integration and inclusion goals of thedevelopmental disabilities reform act; and (3) identify key goals that will beaddressed in the service area to develop and maintain such community capacity.
(f) The secretary shall report to the legislature on or before the 15th dayof each regular session on the results of plans to maximize federal financialparticipation and on the results of community capacity building plans developedand implemented within each service area.
(g) This section shall be construed to be part of and supplemental to thedevelopmental disabilities reform act.
History: L. 2001, ch. 197, § 5;L. 2002, ch. 197, § 1; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 18.--DEVELOPMENTAL DISABILITIES REFORM
39-1811.Community developmental disabilityservices; maximization of federal financial participation; use of revenuederived therefrom; report to legislature.(a) In carrying out the provisions of subsection (b)(2) ofK.S.A.39-1804, and amendments thereto, the secretary shall ensure annually that allavailable state funds appropriated for community developmental disabilityservices are used as match or certified match to secure federal financialparticipation to the maximum extent feasible.
(b) In addition, the secretary shall ensure that funding provided to anycommunity developmental disability organization or any affiliate thereof by anytaxing subdivision of the state is utilized as certified match for federalfinancial participation to the maximum extent feasible. Any public fundingidentified under this section shall be retained at the local level and theauthority for the use of such revenues shall be subject to the statutoryauthority under which such funds are collected and expended and to anyagreements entered into by the local authority with the community serviceprovider or community developmental disability organization to which such fundshave been granted, appropriated or otherwise transferred. No communitydevelopmental disability organization or affiliate shall use any fundingreceived pursuant to this section to supplant funds previously received fromany taxing subdivision of the state. In the event that such funding provided byany taxing subdivision of the state becomes unavailable for any reason, thestate shall have no obligation, except as otherwise provided by law, to providefunding in the amount no longer available in order to retain the same level offederal financial participation.
(c) All actions of the secretary to maximize the availability of federalfinancial participation shall be in accordance with applicable federal statutesand regulations.
(d) Except as otherwise provided in this section, revenue derived from themaximization of federal financial participation shall be used exclusively(1) to increase the reimbursement rateabove the statefiscal year 2001 levels for the home and community based services developmentaldisabilities waiver for day, residential, and individual and family supports,provided on or after July 1, 2001, based on an apportionment agreed to by thesecretary and the community developmental disability organizations; or (2)for other medicaid reimbursable services for persons with developmentaldisabilities based upon an agreement entered into by the secretary andcommunity developmental disability organizations by written contract. Thesecretary shall not be required to utilize more than $15,000,000 in fundingprovided to community developmental disability organizations and theiraffiliates by any taxing subdivision of the state as match for additionalfederal financial participation in any state fiscal year.
(e) The secretary shall require that the council of community members in eachservice area convene representatives of the community developmental disabilityorganization, community service providers, families, consumers and othercommunity stakeholders to develop and implement community capacity buildingplans annually, to improve the quality and efficiency of service delivery.Each such local plan shall: (1) Identify strengths within the local servicearea, including natural and community supports; (2) identify barriers tomeeting the independence, productivity, integration and inclusion goals of thedevelopmental disabilities reform act; and (3) identify key goals that will beaddressed in the service area to develop and maintain such community capacity.
(f) The secretary shall report to the legislature on or before the 15th dayof each regular session on the results of plans to maximize federal financialparticipation and on the results of community capacity building plans developedand implemented within each service area.
(g) This section shall be construed to be part of and supplemental to thedevelopmental disabilities reform act.
History: L. 2001, ch. 197, § 5;L. 2002, ch. 197, § 1; July 1.
