Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-925.Administration of act; transfer ofadministration to secretary of aging; appointment of officer to administer theact; contracts.(a) The administration of the adult care homelicensure actis hereby transferred from the secretary of health and environment to thesecretary of aging, except as otherwise provided by this act. On the effectivedate of this act, the administration of the adult care home licensure act shallbe under authority of the secretary of aging as the licensing agency inconjunction with the state fire marshal, and shall have the assistance of thecounty, city-county or multicounty health departments, local fire and safetyauthorities and other agencies of government in this state.The secretary ofaging shall appoint an officer to administer the adult care home licensure actand such officer shall be in the unclassified service under the Kansas civilservice act.
(b) The secretary of aging shall be a continuation of the secretary ofhealth and environment as to the programs transferred and shall be thesuccessor in every way to the powers, duties and functions of the secretary ofhealth and environment for such programs, except as otherwise provided by thisact. On and after the effective date of this act, for each of the programstransferred, every act performed in the exercise of such powers, duties andfunctions by or under the authority of the secretary of aging shall be deemedto have the same force and effect as if performed by the secretary of healthand environment in whom such powers were vested prior to the effective date ofthis act.
(c) (1) No suit, action or other proceeding, judicial or administrative,which pertains to any of the transferred adult care home survey, certificationand licensing programs, and reporting of abuse, neglect or exploitation ofadult 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 suchprograms. 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 effective date of this act or thereafter.
(2) No suit, action or other proceeding, judicial or administrative,pertaining to the adult care home survey, certification and licensing programsor to the reporting of abuse, neglect or exploitation of adult care homeresidents which otherwise would have been dismissed or concluded shall continueto exist by reason of any transfer under this act.
(3) No criminal action commenced or which could have been commenced by thestate shall abate by the taking effect of this act.
(4) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-923 et seq., and amendments thereto,K.S.A. 39-1401 et seq., and amendments thereto, or the act forjudicial review and civil enforcement of agency actions, K.S.A. 77-601 etseq., and amendments thereto, currently pertaining to adult care homecertification, survey and licensing or reporting of abuse, neglect orexploitation of adult care home residents, transferred pursuant to this actshall be binding upon and applicable to the secretary of aging and thedepartment on aging.
(5) All orders and directives under the adult care home licensure act by thesecretary of health and environment in existence immediately prior to theeffective date of the transfer of powers, duties and functions by this act,shall continue in force and effect and shall be deemed to be duly issuedorders, and directives of the secretary of aging, until reissued, amended ornullified pursuant to law.
(d) (1) All rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, whichpromote the safe, proper and adequate treatment and care of individuals inadult care homes, except those specified in subsection (d)(2) of this section,shall continue to be effective and shall be deemed to be rules and regulationsof the secretary of aging, until revised, amended, revoked or nullified by thesecretary of aging, or otherwise, pursuant to law.
(2) The following rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, shallremain the rules and regulations of the secretary of health and environment:K.A.R. 28-39-164 through 28-39-174.
(e) All contracts shall be made in the name of "secretary of aging" and inthat name the secretary of aging may sue and be sued on such contracts. Thegrant of authority under this subsection shall not be construed to be a waiverof any rights retained by the state under the 11th amendment to the UnitedStates constitution and shall be subject to and shall not supersede theprovisions of any appropriation act of this state.
History: L. 1961, ch. 231, § 3; L. 1975, ch. 462, § 41; L. 1980,ch. 182, § 10;L. 2003, ch. 149, § 4; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-925.Administration of act; transfer ofadministration to secretary of aging; appointment of officer to administer theact; contracts.(a) The administration of the adult care homelicensure actis hereby transferred from the secretary of health and environment to thesecretary of aging, except as otherwise provided by this act. On the effectivedate of this act, the administration of the adult care home licensure act shallbe under authority of the secretary of aging as the licensing agency inconjunction with the state fire marshal, and shall have the assistance of thecounty, city-county or multicounty health departments, local fire and safetyauthorities and other agencies of government in this state.The secretary ofaging shall appoint an officer to administer the adult care home licensure actand such officer shall be in the unclassified service under the Kansas civilservice act.
(b) The secretary of aging shall be a continuation of the secretary ofhealth and environment as to the programs transferred and shall be thesuccessor in every way to the powers, duties and functions of the secretary ofhealth and environment for such programs, except as otherwise provided by thisact. On and after the effective date of this act, for each of the programstransferred, every act performed in the exercise of such powers, duties andfunctions by or under the authority of the secretary of aging shall be deemedto have the same force and effect as if performed by the secretary of healthand environment in whom such powers were vested prior to the effective date ofthis act.
(c) (1) No suit, action or other proceeding, judicial or administrative,which pertains to any of the transferred adult care home survey, certificationand licensing programs, and reporting of abuse, neglect or exploitation ofadult 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 suchprograms. 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 effective date of this act or thereafter.
(2) No suit, action or other proceeding, judicial or administrative,pertaining to the adult care home survey, certification and licensing programsor to the reporting of abuse, neglect or exploitation of adult care homeresidents which otherwise would have been dismissed or concluded shall continueto exist by reason of any transfer under this act.
(3) No criminal action commenced or which could have been commenced by thestate shall abate by the taking effect of this act.
(4) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-923 et seq., and amendments thereto,K.S.A. 39-1401 et seq., and amendments thereto, or the act forjudicial review and civil enforcement of agency actions, K.S.A. 77-601 etseq., and amendments thereto, currently pertaining to adult care homecertification, survey and licensing or reporting of abuse, neglect orexploitation of adult care home residents, transferred pursuant to this actshall be binding upon and applicable to the secretary of aging and thedepartment on aging.
(5) All orders and directives under the adult care home licensure act by thesecretary of health and environment in existence immediately prior to theeffective date of the transfer of powers, duties and functions by this act,shall continue in force and effect and shall be deemed to be duly issuedorders, and directives of the secretary of aging, until reissued, amended ornullified pursuant to law.
(d) (1) All rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, whichpromote the safe, proper and adequate treatment and care of individuals inadult care homes, except those specified in subsection (d)(2) of this section,shall continue to be effective and shall be deemed to be rules and regulationsof the secretary of aging, until revised, amended, revoked or nullified by thesecretary of aging, or otherwise, pursuant to law.
(2) The following rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, shallremain the rules and regulations of the secretary of health and environment:K.A.R. 28-39-164 through 28-39-174.
(e) All contracts shall be made in the name of "secretary of aging" and inthat name the secretary of aging may sue and be sued on such contracts. Thegrant of authority under this subsection shall not be construed to be a waiverof any rights retained by the state under the 11th amendment to the UnitedStates constitution and shall be subject to and shall not supersede theprovisions of any appropriation act of this state.
History: L. 1961, ch. 231, § 3; L. 1975, ch. 462, § 41; L. 1980,ch. 182, § 10;L. 2003, ch. 149, § 4; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
39-925.Administration of act; transfer ofadministration to secretary of aging; appointment of officer to administer theact; contracts.(a) The administration of the adult care homelicensure actis hereby transferred from the secretary of health and environment to thesecretary of aging, except as otherwise provided by this act. On the effectivedate of this act, the administration of the adult care home licensure act shallbe under authority of the secretary of aging as the licensing agency inconjunction with the state fire marshal, and shall have the assistance of thecounty, city-county or multicounty health departments, local fire and safetyauthorities and other agencies of government in this state.The secretary ofaging shall appoint an officer to administer the adult care home licensure actand such officer shall be in the unclassified service under the Kansas civilservice act.
(b) The secretary of aging shall be a continuation of the secretary ofhealth and environment as to the programs transferred and shall be thesuccessor in every way to the powers, duties and functions of the secretary ofhealth and environment for such programs, except as otherwise provided by thisact. On and after the effective date of this act, for each of the programstransferred, every act performed in the exercise of such powers, duties andfunctions by or under the authority of the secretary of aging shall be deemedto have the same force and effect as if performed by the secretary of healthand environment in whom such powers were vested prior to the effective date ofthis act.
(c) (1) No suit, action or other proceeding, judicial or administrative,which pertains to any of the transferred adult care home survey, certificationand licensing programs, and reporting of abuse, neglect or exploitation ofadult 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 suchprograms. 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 effective date of this act or thereafter.
(2) No suit, action or other proceeding, judicial or administrative,pertaining to the adult care home survey, certification and licensing programsor to the reporting of abuse, neglect or exploitation of adult care homeresidents which otherwise would have been dismissed or concluded shall continueto exist by reason of any transfer under this act.
(3) No criminal action commenced or which could have been commenced by thestate shall abate by the taking effect of this act.
(4) Any final appeal decision of the department of health and environmententered pursuant to K.S.A. 39-923 et seq., and amendments thereto,K.S.A. 39-1401 et seq., and amendments thereto, or the act forjudicial review and civil enforcement of agency actions, K.S.A. 77-601 etseq., and amendments thereto, currently pertaining to adult care homecertification, survey and licensing or reporting of abuse, neglect orexploitation of adult care home residents, transferred pursuant to this actshall be binding upon and applicable to the secretary of aging and thedepartment on aging.
(5) All orders and directives under the adult care home licensure act by thesecretary of health and environment in existence immediately prior to theeffective date of the transfer of powers, duties and functions by this act,shall continue in force and effect and shall be deemed to be duly issuedorders, and directives of the secretary of aging, until reissued, amended ornullified pursuant to law.
(d) (1) All rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, whichpromote the safe, proper and adequate treatment and care of individuals inadult care homes, except those specified in subsection (d)(2) of this section,shall continue to be effective and shall be deemed to be rules and regulationsof the secretary of aging, until revised, amended, revoked or nullified by thesecretary of aging, or otherwise, pursuant to law.
(2) The following rules and regulations of the department of health andenvironment adopted pursuant to K.S.A. 39-923 et seq., andamendments thereto, and in effect on the effective date of this act, shallremain the rules and regulations of the secretary of health and environment:K.A.R. 28-39-164 through 28-39-174.
(e) All contracts shall be made in the name of "secretary of aging" and inthat name the secretary of aging may sue and be sued on such contracts. Thegrant of authority under this subsection shall not be construed to be a waiverof any rights retained by the state under the 11th amendment to the UnitedStates constitution and shall be subject to and shall not supersede theprovisions of any appropriation act of this state.
History: L. 1961, ch. 231, § 3; L. 1975, ch. 462, § 41; L. 1980,ch. 182, § 10;L. 2003, ch. 149, § 4; July 1.
