Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
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 regulations; voluntary oversightcouncil; annual report.(a) To achieve a quality of life for Kansans withlong-term careneeds in an environment of choice that maximizes independent livingcapabilities and recognizes diversity, this act establishes a program which isintended to encourage awide array ofquality, cost-effective and affordable long-term care choices.This program shall be known as client assessment, referral and evaluation(CARE). The purposes of CARE is for data collection and individual assessmentand referral to community-based services and appropriate placement in long-termcare facilities.
(b) As used in this section:
(1) "Assessment services" means evaluationof an individual's health and functional status to determine the need forlong-term care services and to identify appropriate service options which meetthese needs utilizing the client assessment, referral and evaluation (CARE)form.
(2) "Health care data governing board" means the boardabolished by K.S.A. 65-6803 and amendments thereto.
(3) "Medical care facility" shall have the meaning ascribed to such termunderK.S.A. 65-425 and amendments thereto.
(4) "Nursing facility" shall have the meaning ascribed to such term underK.S.A.39-923 and amendments thereto.
(5) "Secretary" means the secretary of aging.
(c) There is hereby established the client assessment, referral andevaluation (CARE) program. The CARE program shall be administered by thesecretary of aging and shall be implemented on a phased-in basis in accordancewith the provisions of this section.
(d) All rules and regulations adopted by the health care datagoverning board relating to client assessment, referral and evaluation(CARE) data entry form shall be deemed to be the rules and regulations ofthe Kansas health policy authority until revised, revoked or nullified pursuantto law.The purpose of this form is for data collection and referral services.Such form shall be concise and questions shall be limited to those necessarytocarry out the stated purposes.The client assessment,referral andevaluation (CARE) data entry form shall include, but not be limited to, thepreadmission screening and annualresident review (PASARR) questions. Prior to the adoption of the clientassessment,referral and evaluation (CARE) data entry form by the health care datagoverningboard, thesecretary of aging shall approve the form. The client assessment, referral andevaluation (CARE) data entry form shall be used by all personsproviding assessment services.
(e) (1) On and after January 1, 1995,each individual prior toadmission to a nursing facility as a resident of the facility shall receiveassessment services to be provided bythe secretary of aging, with theassistance of area agencies on aging,except (A) such assessment services shall be provided by a medical carefacility to a patient of the medical care facility who is considering becominga resident of a nursing facility upon discharge from the medical care facilityand (B) as authorized by rules and regulations adopted by the secretary ofaging pursuant to subsection (i).
(2) The provisions of this subsection (e) shall not applyto any individualexempted from preadmission screening and annual resident review under 42 codeof federal regulations 483.106.
(f) The secretary of aging shall cooperate with the area agencies on agingproviding assessment services under this section.
(g) The secretary of aging shall assure that each area agencyon aging shall compile comprehensive resource information for use byindividuals and agencies related to long-term care resources including all areaoffices of the department of social and rehabilitation services and localhealth departments. This information shall include, but not be limited to,resources available to assist persons to choose alternatives to institutionalcare.
(h) Nursing facilitiesand medical care facilitiesshall make available information referenced in subsection (g) to eachperson seeking admission or upon discharge as appropriate. Any person licensedto practice the healing arts as defined in K.S.A. 65-2802, andamendmentsthereto, shall make the same resource information available to anypersonidentified as seeking or needing long-term care. Each senior center and eacharea agency on aging shall make available such information.
(i) The secretary shall adopt rules and regulations to govern such mattersas the secretary deems necessary for the administration of this act.
(j) (1) There is hereby established an eleven-member voluntary oversightcouncil which shall meet monthly prior to July 1, 1995, for the purpose ofassisting the secretary of aging in restructuring the assessment and referralprogram in a manner consistent with this act and shall meet quarterlythereafter for the purpose of monitoring and advising the secretary regardingthe CARE program. The council shall be advisory only, except that the secretaryof aging shall file with the council each six months the secretary's responseto council comments or recommendations.
(2) The secretary of aging shall appoint two representatives of hospitals,two representatives of nursing facilities, two consumersand two representatives of providers of home and community-based services.The secretary ofhealth and environment and the secretary of social and rehabilitation services,or their designee, shall be members of the council in addition to the eightappointed members. The secretary of aging shall serve as chairperson of thecouncil. The appointive members of the councilshall serve at the pleasure of their appointing authority. Members of thevoluntary oversight council shall not be paid compensation, subsistenceallowances, mileage or other expenses as otherwise may be authorized by law forattending meetings, or subcommittee meetings, of the council.
(k) The secretary of aging shall report to the governor and to thelegislature on or before December 31, 1995, and each year thereafter on orbefore such date, an analysis of the information collected under this section.In addition, the secretary of aging shall provide data from the CARE data formsto the Kansas health policyauthority. Such data shall be provided in such amanner so as not to identify individuals.
History: L. 1994, ch. 147, § 1;L. 2008, ch. 110, § 3; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
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 regulations; voluntary oversightcouncil; annual report.(a) To achieve a quality of life for Kansans withlong-term careneeds in an environment of choice that maximizes independent livingcapabilities and recognizes diversity, this act establishes a program which isintended to encourage awide array ofquality, cost-effective and affordable long-term care choices.This program shall be known as client assessment, referral and evaluation(CARE). The purposes of CARE is for data collection and individual assessmentand referral to community-based services and appropriate placement in long-termcare facilities.
(b) As used in this section:
(1) "Assessment services" means evaluationof an individual's health and functional status to determine the need forlong-term care services and to identify appropriate service options which meetthese needs utilizing the client assessment, referral and evaluation (CARE)form.
(2) "Health care data governing board" means the boardabolished by K.S.A. 65-6803 and amendments thereto.
(3) "Medical care facility" shall have the meaning ascribed to such termunderK.S.A. 65-425 and amendments thereto.
(4) "Nursing facility" shall have the meaning ascribed to such term underK.S.A.39-923 and amendments thereto.
(5) "Secretary" means the secretary of aging.
(c) There is hereby established the client assessment, referral andevaluation (CARE) program. The CARE program shall be administered by thesecretary of aging and shall be implemented on a phased-in basis in accordancewith the provisions of this section.
(d) All rules and regulations adopted by the health care datagoverning board relating to client assessment, referral and evaluation(CARE) data entry form shall be deemed to be the rules and regulations ofthe Kansas health policy authority until revised, revoked or nullified pursuantto law.The purpose of this form is for data collection and referral services.Such form shall be concise and questions shall be limited to those necessarytocarry out the stated purposes.The client assessment,referral andevaluation (CARE) data entry form shall include, but not be limited to, thepreadmission screening and annualresident review (PASARR) questions. Prior to the adoption of the clientassessment,referral and evaluation (CARE) data entry form by the health care datagoverningboard, thesecretary of aging shall approve the form. The client assessment, referral andevaluation (CARE) data entry form shall be used by all personsproviding assessment services.
(e) (1) On and after January 1, 1995,each individual prior toadmission to a nursing facility as a resident of the facility shall receiveassessment services to be provided bythe secretary of aging, with theassistance of area agencies on aging,except (A) such assessment services shall be provided by a medical carefacility to a patient of the medical care facility who is considering becominga resident of a nursing facility upon discharge from the medical care facilityand (B) as authorized by rules and regulations adopted by the secretary ofaging pursuant to subsection (i).
(2) The provisions of this subsection (e) shall not applyto any individualexempted from preadmission screening and annual resident review under 42 codeof federal regulations 483.106.
(f) The secretary of aging shall cooperate with the area agencies on agingproviding assessment services under this section.
(g) The secretary of aging shall assure that each area agencyon aging shall compile comprehensive resource information for use byindividuals and agencies related to long-term care resources including all areaoffices of the department of social and rehabilitation services and localhealth departments. This information shall include, but not be limited to,resources available to assist persons to choose alternatives to institutionalcare.
(h) Nursing facilitiesand medical care facilitiesshall make available information referenced in subsection (g) to eachperson seeking admission or upon discharge as appropriate. Any person licensedto practice the healing arts as defined in K.S.A. 65-2802, andamendmentsthereto, shall make the same resource information available to anypersonidentified as seeking or needing long-term care. Each senior center and eacharea agency on aging shall make available such information.
(i) The secretary shall adopt rules and regulations to govern such mattersas the secretary deems necessary for the administration of this act.
(j) (1) There is hereby established an eleven-member voluntary oversightcouncil which shall meet monthly prior to July 1, 1995, for the purpose ofassisting the secretary of aging in restructuring the assessment and referralprogram in a manner consistent with this act and shall meet quarterlythereafter for the purpose of monitoring and advising the secretary regardingthe CARE program. The council shall be advisory only, except that the secretaryof aging shall file with the council each six months the secretary's responseto council comments or recommendations.
(2) The secretary of aging shall appoint two representatives of hospitals,two representatives of nursing facilities, two consumersand two representatives of providers of home and community-based services.The secretary ofhealth and environment and the secretary of social and rehabilitation services,or their designee, shall be members of the council in addition to the eightappointed members. The secretary of aging shall serve as chairperson of thecouncil. The appointive members of the councilshall serve at the pleasure of their appointing authority. Members of thevoluntary oversight council shall not be paid compensation, subsistenceallowances, mileage or other expenses as otherwise may be authorized by law forattending meetings, or subcommittee meetings, of the council.
(k) The secretary of aging shall report to the governor and to thelegislature on or before December 31, 1995, and each year thereafter on orbefore such date, an analysis of the information collected under this section.In addition, the secretary of aging shall provide data from the CARE data formsto the Kansas health policyauthority. Such data shall be provided in such amanner so as not to identify individuals.
History: L. 1994, ch. 147, § 1;L. 2008, ch. 110, § 3; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 9.--ADULT CARE HOMES
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 regulations; voluntary oversightcouncil; annual report.(a) To achieve a quality of life for Kansans withlong-term careneeds in an environment of choice that maximizes independent livingcapabilities and recognizes diversity, this act establishes a program which isintended to encourage awide array ofquality, cost-effective and affordable long-term care choices.This program shall be known as client assessment, referral and evaluation(CARE). The purposes of CARE is for data collection and individual assessmentand referral to community-based services and appropriate placement in long-termcare facilities.
(b) As used in this section:
(1) "Assessment services" means evaluationof an individual's health and functional status to determine the need forlong-term care services and to identify appropriate service options which meetthese needs utilizing the client assessment, referral and evaluation (CARE)form.
(2) "Health care data governing board" means the boardabolished by K.S.A. 65-6803 and amendments thereto.
(3) "Medical care facility" shall have the meaning ascribed to such termunderK.S.A. 65-425 and amendments thereto.
(4) "Nursing facility" shall have the meaning ascribed to such term underK.S.A.39-923 and amendments thereto.
(5) "Secretary" means the secretary of aging.
(c) There is hereby established the client assessment, referral andevaluation (CARE) program. The CARE program shall be administered by thesecretary of aging and shall be implemented on a phased-in basis in accordancewith the provisions of this section.
(d) All rules and regulations adopted by the health care datagoverning board relating to client assessment, referral and evaluation(CARE) data entry form shall be deemed to be the rules and regulations ofthe Kansas health policy authority until revised, revoked or nullified pursuantto law.The purpose of this form is for data collection and referral services.Such form shall be concise and questions shall be limited to those necessarytocarry out the stated purposes.The client assessment,referral andevaluation (CARE) data entry form shall include, but not be limited to, thepreadmission screening and annualresident review (PASARR) questions. Prior to the adoption of the clientassessment,referral and evaluation (CARE) data entry form by the health care datagoverningboard, thesecretary of aging shall approve the form. The client assessment, referral andevaluation (CARE) data entry form shall be used by all personsproviding assessment services.
(e) (1) On and after January 1, 1995,each individual prior toadmission to a nursing facility as a resident of the facility shall receiveassessment services to be provided bythe secretary of aging, with theassistance of area agencies on aging,except (A) such assessment services shall be provided by a medical carefacility to a patient of the medical care facility who is considering becominga resident of a nursing facility upon discharge from the medical care facilityand (B) as authorized by rules and regulations adopted by the secretary ofaging pursuant to subsection (i).
(2) The provisions of this subsection (e) shall not applyto any individualexempted from preadmission screening and annual resident review under 42 codeof federal regulations 483.106.
(f) The secretary of aging shall cooperate with the area agencies on agingproviding assessment services under this section.
(g) The secretary of aging shall assure that each area agencyon aging shall compile comprehensive resource information for use byindividuals and agencies related to long-term care resources including all areaoffices of the department of social and rehabilitation services and localhealth departments. This information shall include, but not be limited to,resources available to assist persons to choose alternatives to institutionalcare.
(h) Nursing facilitiesand medical care facilitiesshall make available information referenced in subsection (g) to eachperson seeking admission or upon discharge as appropriate. Any person licensedto practice the healing arts as defined in K.S.A. 65-2802, andamendmentsthereto, shall make the same resource information available to anypersonidentified as seeking or needing long-term care. Each senior center and eacharea agency on aging shall make available such information.
(i) The secretary shall adopt rules and regulations to govern such mattersas the secretary deems necessary for the administration of this act.
(j) (1) There is hereby established an eleven-member voluntary oversightcouncil which shall meet monthly prior to July 1, 1995, for the purpose ofassisting the secretary of aging in restructuring the assessment and referralprogram in a manner consistent with this act and shall meet quarterlythereafter for the purpose of monitoring and advising the secretary regardingthe CARE program. The council shall be advisory only, except that the secretaryof aging shall file with the council each six months the secretary's responseto council comments or recommendations.
(2) The secretary of aging shall appoint two representatives of hospitals,two representatives of nursing facilities, two consumersand two representatives of providers of home and community-based services.The secretary ofhealth and environment and the secretary of social and rehabilitation services,or their designee, shall be members of the council in addition to the eightappointed members. The secretary of aging shall serve as chairperson of thecouncil. The appointive members of the councilshall serve at the pleasure of their appointing authority. Members of thevoluntary oversight council shall not be paid compensation, subsistenceallowances, mileage or other expenses as otherwise may be authorized by law forattending meetings, or subcommittee meetings, of the council.
(k) The secretary of aging shall report to the governor and to thelegislature on or before December 31, 1995, and each year thereafter on orbefore such date, an analysis of the information collected under this section.In addition, the secretary of aging shall provide data from the CARE data formsto the Kansas health policyauthority. Such data shall be provided in such amanner so as not to identify individuals.
History: L. 1994, ch. 147, § 1;L. 2008, ch. 110, § 3; July 1.
