Kansas Statutes

Chapter 39.—DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE

• Article 1.—LEGAL RESIDENCE
  • 39-101 Repealed.
  • 39-102 Repealed.
  • 39-103, 39-104 Repealed.
  • 39-105 through 39-108 Repealed.
  • 39-109 Repealed.
  • 39-110 Return of nonresidents to place of residence; how costs paid; arbitration with certain other states concerning legal residence.
  • 39-111 State legal residence requirements; waiver, when.
• Article 2.—CERTAIN INCOMPETENT PERSONS, DRUNKARDS AND DRUG ADDICTS (Not in active use)
  • 39-201 Repealed.
  • 39-202 Repealed.
  • 39-203 Repealed.
  • 39-204 Repealed.
  • 39-205 Repealed.
  • 39-206 Repealed.
  • 39-207 Repealed.
  • 39-208 Repealed.
  • 39-209 Repealed.
  • 39-210 Repealed.
  • 39-211 Repealed.
  • 39-212 Repealed.
  • 39-213 Repealed.
  • 39-214 Repealed.
  • 39-215 Repealed.
  • 39-216 Repealed.
  • 39-217 Repealed.
  • 39-218 Repealed.
  • 39-219 Repealed.
  • 39-220 Repealed.
  • 39-221 Repealed.
  • 39-222 Repealed.
  • 39-223 Repealed.
  • 39-224 Repealed.
  • 39-225 Repealed.
  • 39-226 Repealed.
  • 39-227 Repealed.
  • 39-228 Repealed.
  • 39-229 Repealed.
  • 39-230 Repealed.
  • 39-231 Repealed.
  • 39-232 Repealed.
  • 39-233 Repealed.
  • 39-234 Repealed.
  • 39-235 Repealed.
  • 39-236 Repealed.
  • 39-237 Repealed.
  • 39-238 Repealed.
  • 39-239 Repealed.
  • 39-240, 39-241 Repealed.
• Article 3.—RELIEF AND CARE OF DEPENDENT PERSONS
  • 39-301 Repealed.
  • 39-302 Repealed.
  • 39-303 Repealed.
  • 39-304 Repealed.
  • 39-305 Repealed.
  • 39-305a Repealed.
  • 39-306 Repealed.
  • 39-307 Repealed.
  • 39-308 through 39-310 Repealed.
  • 39-311 Repealed.
  • 39-312 Repealed.
  • 39-313 Repealed.
  • 39-314 through 39-318 Repealed.
  • 39-319 Repealed.
  • 39-320 through 39-322 Repealed.
  • 39-323 Repealed.
  • 39-324 Repealed.
  • 39-325, 39-326 Repealed.
  • 39-327 Repealed.
  • 39-328 Repealed.
  • 39-328a Repealed.
  • 39-329, 39-330 Repealed.
  • 39-331 Repealed.
  • 39-332 Repealed.
  • 39-333 Discontinuance of asylum or farm and disposition of property; election, when.
  • 39-334 Repealed.
  • 39-335 through 39-339 Repealed.
  • 39-340 Repealed.
  • 39-340a Repealed.
  • 39-340b Repealed.
  • 39-340c Repealed.
  • 39-341 Repealed.
  • 39-342 Repealed.
  • 39-342a Repealed.
  • 39-342b, 39-342c Repealed.
  • 39-342d Repealed.
  • 39-342e Repealed.
  • 39-343 Sale of asylum or farm in counties over 25,000; sale price and terms.
  • 39-344 Sale of asylum or farm in counties over 25,000; appraisement procedure.
  • 39-345 Repealed.
  • 39-346 Repealed.
  • 39-347 Repealed.
  • 39-348 Same; election for sale as formerly required under K.S.A. 39-347.
  • 39-349 Same; use of proceeds of sale or levy.
  • 39-350 Same; maintenance of asylums.
  • 39-351 Supplemental nature of K.S.A. 39-349 to 39-351.
  • 39-352, 39-353 Repealed.
  • 39-354 through 39-357 Repealed.
  • 39-358 Repealed.
  • 39-359 Repealed.
  • 39-360 through 39-362 Repealed.
  • 39-363 Repealed.
  • 39-364 Repealed.
  • 39-365 Proceeds from sale of certain county farm realty to special building fund; use.
  • 39-366 Building for the poor in certain counties; issuance of bonds.
  • 39-367 Sale of all or part of county farm in certain counties between 9,000 and 10,000.
  • 39-368 Same; appraisement; report; notice; hearing for confirmation; objections; approval or finding as to actual value.
• Article 3a.—EMERGENCY POOR RELIEF (Not in active use)
  • 39-3a01 Repealed.
  • 39-3a02 Repealed.
  • 39-3a03 Repealed.
  • 39-3a04 Repealed.
  • 39-3a05 Repealed.
  • 39-3a06, 39-3a07 Repealed.
  • 39-3a08 through 39-3a13 Repealed.
  • 39-3a14 Repealed.
  • 39-3a15, 39-3a16 Repealed.
  • 39-3a17 through 39-3a20 Repealed.
  • 39-3a21 through 39-3a25 Repealed.
  • 39-3a26 Repealed.
  • 39-3a27 Repealed.
  • 39-3a28 Repealed.
  • 39-3a29 Repealed.
  • 39-3a30 Repealed.
  • 39-3a31, 39-3a32 Repealed.
• Article 4.—HOSPITAL TREATMENT AND HOSPITALIZATION
  • 39-401 Repealed.
  • 39-402 through 39-407 Repealed.
  • 39-408 through 39-412 Repealed.
  • 39-413 Repealed.
  • 39-414 Repealed.
  • 39-415 Counties between 175,000 and 250,000; definitions.
  • 39-416 County hospital fund for medically indigent persons in certain counties; tax levy, use of proceeds.
  • 39-417 Same; rules and regulations.
  • 39-418 Same; hospital advisory council; appointment; duties; monthly publication of recipients' names and addresses.
• Article 5.—ADMINISTRATION OF POOR RELIEF; POOR COMMISSIONER (Not in active use)
  • 39-501 Repealed.
  • 39-502, 39-503 Repealed.
  • 39-504 Repealed.
  • 39-505, 39-506 Repealed.
  • 39-507, 39-508 Repealed.
  • 39-509 Repealed.
  • 39-510 Repealed.
  • 39-511 Repealed.
  • 39-512 through 39-516 Repealed.
  • 39-517 Repealed.
  • 39-518 Repealed.
  • 39-519 Repealed.
  • 39-520 Repealed.
  • 39-521 Repealed.
  • 39-522 Repealed.
  • 39-523, 39-524 Repealed.
  • 39-525 Repealed.
  • 39-526 Repealed.
  • 39-527 Repealed.
  • 39-528, 39-529 Repealed.
• Article 6.—ALLOWANCES AND PENSIONS (Not in active use)
  • 39-601 Repealed.
  • 39-602, 39-603 Repealed.
• Article 7.—SOCIAL WELFARE
  • 39-701 Purposes of act.
  • 39-702 Definitions.
  • 39-703 through 39-707 Repealed.
  • 39-708 Repealed.
  • 39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.
  • 39-708b Repealed.
  • 39-708c Powers and duties of secretary for children and families; community work experience programs; disbursal of property including food stamps; division of services for the blind; children and youth service program; medical care for needy persons; payment schedules for healthcare providers; centralized payment of welfare expenditures.
  • 39-708d Same; lease of office or business space.
  • 39-709 Eligibility requirements for temporary assistance for needy families, food assistance, child care subsidy and medical assistance; prohibition of medicaid expansion without legislative enactment; automatic assignment of support rights for children in custody of the secretary; disqualification and penalties; non-cooperation, reporting failure, fraud investigations and drug screening; electronic benefits card requirements; lien procedures and enforcement; rules and regulations.
  • 39-709a Repealed.
  • 39-709b Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics.
  • 39-709c Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor.
  • 39-709d Repealed.
  • 39-709e Exercise of state's option from federal law making certain drug abusers ineligible for public assistance.
  • 39-709f Medical assistance program and managed care organizations; contract; prompt payment.
  • 39-709g Public assistance; duties of secretary for children and families; acceptance of telephonic signatures for applications.
  • 39-709h Medical assistance program; patient encounter data; requirements imposed on managed care organizations; audits; rules and regulations.
  • 39-709i Medical assistance program; decisions rendered by managed care organizations; appeals process; external independent third-party review; notice and procedure.
  • 39-709j Medical assistance program; coverage for speech-language pathology and audiology services.
  • 39-710 Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations.
  • 39-711 Repealed.
  • 39-711a Meal services for the aging; use of school lunch facilities under agreement with local board of education.
  • 39-712 Repealed.
  • 39-713 Repealed.
  • 39-713a Repealed.
  • 39-713b Repealed.
  • 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 Repealed.
  • 39-716 Repealed.
  • 39-717 Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.
  • 39-718 Repealed.
  • 39-718a Repealed.
  • 39-718b Liability of parent or guardian for assistance provided child, exceptions.
  • 39-719 Repealed.
  • 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 or transferred to another person by ineligible recipient.
  • 39-719c Proof deemed prima facie evidence assistance unlawfully received.
  • 39-719d Repealed.
  • 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 Repealed.
  • 39-723 Repealed.
  • 39-724 through 39-730 Repealed.
  • 39-731 through 39-733 Repealed.
  • 39-734, 39-735 Repealed.
  • 39-736 Repealed.
  • 39-737 Repealed.
  • 39-738 Repealed.
  • 39-739 Sight handicapped persons; reports to state board of health; forms.
  • 39-740 Same; records available to secretary for children and families.
  • 39-741 Repealed.
  • 39-742 Repealed.
  • 39-743 Repealed.
  • 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 Repealed.
  • 39-748 Repealed.
  • 39-749, 39-750 Repealed.
  • 39-751 Program for home maintenance; duties of secretary for children and families.
  • 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 Repealed.
  • 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 services; distribution of collections; attorneys representing Kansas department for children and families; attorney-client relationship.
  • 39-756a Time assignment of support rights under K.S.A. 39-709 remains in effect; assignment of rights to payment for medical care unaffected.
  • 39-756b Repealed.
  • 39-756c Repealed.
  • 39-756d Repealed.
  • 39-757 Secretary to deposit moneys received under K.S.A. 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 through 39-776 Repealed.
  • 39-777 Repealed.
  • 39-778 Repealed.
  • 39-779 through 39-781 Expired.
  • 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 healthcare 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; Kansas department for aging and disability services 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 Kansas department for children and families; lien authorized, limitations; rules and regulations; increase in dollar amounts based on consumer price index.
  • 39-787 Division of aggregate income authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of secretary for children and families; rules and regulations.
  • 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; notification of appropriate committees of legislature.
  • 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 K.S.A. 39-785 through 39-790 suspended; expiration of section.
  • 39-792 through 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.
  • 39-7,100b Individuals with disabilities; reinstatement of eligibility; home and community based services; definitions; rules and regulations.
  • 39-7,101 Repealed.
  • 39-7,102 Repealed.
  • 39-7,103 Repealed.
  • 39-7,104 Repealed.
  • 39-7,105 Repealed.
  • 39-7,106 Repealed.
  • 39-7,107 Repealed.
  • 39-7,108 Repealed.
  • 39-7,109 Repealed.
  • 39-7,110 Repealed.
  • 39-7,111 Repealed.
  • 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 care project at university of Kansas medical center terminated.
  • 39-7,113 Expired.
  • 39-7,114, 39-7,115 Reserved.
  • 39-7,116 Definitions.
  • 39-7,117 Revisor's Note
  • 39-7,118 Drug utilization review program.
  • 39-7,119 Same; medicaid drug utilization review board created; members; terms; chairperson; closed or executive meetings; required 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; implementation of system; reporting requirements.
  • 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; review by mental health medication advisory committee and medicaid drug utilization review board; mental health medication advisory committee established; members; meetings.
  • 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 Repealed.
  • 39-7,121g Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver.
  • 39-7,122 Repealed.
  • 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.
  • 39-7,126 Expired.
  • 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 Aid to families with dependent children; financial support for persons otherwise eligible for such aid; Kansas income tax credit for corporations; agreement with secretary, use of moneys.
  • 39-7,133 Severability of act.
  • 39-7,134 Establishment of system.
  • 39-7,135 Title IV-D agency designated; maintenance of Kansas payment center for collection and disbursement of support payments; contracts for administration and operation; disposition of certain payments under unclaimed property act.
  • 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 Repealed.
  • 39-7,154 Repealed.
  • 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 for children and families; rules and regulations.
  • 39-7,159 Comprehensive and coordinated system of long-term care services; cooperation by Kansas department for aging and disability services, Kansas department for children and families and department of health and environment.
  • 39-7,160 Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight; members; meetings; reporting; compensation and expenses.
  • 39-7,161 Repealed.
  • 39-7,162 Home and community based services savings fund administered by secretary for aging and disability services; certification, transfer and expenditures.
  • 39-7,163 Expired.
  • 39-7,164 Expired.
  • 39-7,165 Approval of legislature required for public assistance program waivers or authorizations from the federal government that expand eligibility or increase cost or to make certain changes to services for persons with intellectual or developmental disabilities; approvals by the legislative coordinating council when the legislature is not in session; definitions.
• Article 8.—DISSOLUTION OF KANSAS EMERGENCY RELIEF COMMITTEE (Not in active use)
  • 39-801 through 39-804 Repealed.
• Article 9.—ADULT CARE HOMES
  • 39-901, 39-902 Repealed.
  • 39-903 Repealed.
  • 39-904 through 39-908 Repealed.
  • 39-909 Repealed.
  • 39-910 Repealed.
  • 39-911 Repealed.
  • 39-912 through 39-916 Repealed.
  • 39-917 Repealed.
  • 39-918 Repealed.
  • 39-919 through 39-922 Repealed.
  • 39-923 Definitions.
  • 39-923a Repealed.
  • 39-923b Repealed.
  • 39-924 Purpose of act.
  • 39-925 Administration of act; transfer of administration to secretary for aging and disability services; 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 people with intellectual disability; 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; emergency orders; settlement agreements; certain licensure limitations.
  • 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 employees and certified nurse aides; requirements for instructors thereof; examination and fees; state registry established; refresher course required; supplier of medication; limitations on involuntary transfer or discharge of resident; effect of reliance upon spiritual means or prayer for healing by resident.
  • 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 Kansas department for aging and disability services 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 Repealed.
  • 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 for aging and disability services; long-term care resource information; rules and regulations; voluntary oversight council; annual report.
  • 39-969 Criminal history record information.
  • 39-970 Adult care home; definitions; operation; precluded, when; access of secretary of health and environment to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed or registered professional service providers, volunteers and certain employees exempt; disqualification for employment; waiver and criteria; rules and regulations; certain persons in custody of secretary of corrections exempt; report of convictions and adjudications by the Kansas bureau of investigation; submission of fingerprints, cost.
  • 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.
  • 39-973 Operator registration act.
  • 39-974 Same; definitions.
  • 39-975 Same; registration of operators; rules and regulations.
  • 39-976 Same; operator registration on adult care home administrator license required.
  • 39-977 Same; waiver of registration requirements, when.
  • 39-978 Same; registration renewal.
  • 39-979 Same; fees; health occupations credentialing fee fund.
  • 39-980 Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary.
  • 39-981 Authorized electronic monitoring; reasonable accommodations; notice; consent; use as evidence; prohibitions.
  • 39-982 Requirements of Kansas department for aging and disability services; COVID-19 public health emergency; infection control inspections; provision of personal protective equipment, sanitizing supplies and tests; adoption of best practices.
• Article 10.—DAY CARE PROGRAMS FOR CHILDREN WITH INTELLECTUAL OR OTHER DISABILITIES
  • 39-1001 Purpose of act.
  • 39-1002 Secretary for children and families designated as official to accept and disburse funds.
  • 39-1003 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.
  • 39-1004 Repealed.
  • 39-1005 Purpose of grants-in-aid.
  • 39-1006 Day care programs defined.
  • 39-1007 Eligible community organizations.
  • 39-1008 Grants-in-aid; approval or rejection; effect.
• Article 11.—PHYSICALLY DISABLED PERSONS
  • 39-1101 Rights of persons with disabilities.
  • 39-1102 Same; use of guide dog by legally blind person.
  • 39-1103 Same; unlawful to interfere with rights.
  • 39-1104 Same; safety day; proclamation; contents.
  • 39-1105 Same; employment.
  • 39-1106 Same; name and citation of act.
  • 39-1107 Rights of persons with disabilities; use of hearing assistance dog by person who is deaf or hard of hearing.
  • 39-1108 Same; use of service dog by person with disability.
  • 39-1109 Use of assistance dog while training.
  • 39-1110 Use of professional therapy dog while training.
  • 39-1111 Procedure for verification of person's right to be accompanied by assistance dog or professional therapy dog.
  • 39-1112 Unlawful misrepresentations.
  • 39-1113 Assistance dogs and professional therapy dogs; definitions.
  • 39-1114 Children parented by blind individuals; purpose of act; legislative findings.
  • 39-1115 Definitions.
  • 39-1116 Blindness of parent or prospective parent in parentage, dissolution of marriage, adoption, guardianship and child in need of care cases; considerations and restrictions.
• Article 12.—REHABILITATION PROGRAMS FOR ADULTS WITH INTELLECTUAL AND OTHER DISABILITIES
  • 39-1201 Purpose of act.
  • 39-1202 Secretary for aging and disability services designated as official to accept and disburse funds.
  • 39-1203 Repealed.
  • 39-1204 Secretary not to exercise authority until funds available and standards satisfied; assumption of obligations by local authorities.
  • 39-1205 Purpose of grants-in-aid.
  • 39-1206 Rehabilitation facilities defined.
  • 39-1207 Eligible local community organizations defined.
  • 39-1208 Agreements with and grants-in-aid to charitable organizations for employment of disabled persons.
  • 39-1209 Same; local government or state agency purchase of products from organizations approved for grants-in-aid.
  • 39-1210 Furnishing or selling surplus equipment, supplies and materials to organizations designated in K.S.A. 39-1208 for manufacturing certain motor-vehicle plates and decals; disposition of moneys.
• Article 13.—COMMUNITY BASED SERVICES FOR CHILDREN
  • 39-1301 Purpose of act.
  • 39-1302 Secretary for children and families authorized to accept and disburse grant-in-aid funds, gifts and appropriations to organizations providing group boarding homes and services for children and youth.
  • 39-1303 Agreements by secretary or commissioner, conditions; standards for homes and services; publication; availability of local funds.
  • 39-1304 Purpose of grants-in-aid.
  • 39-1305 Community based group boarding homes for children and youth; defined.
  • 39-1305a Repealed.
  • 39-1306 Eligibility for grants-in-aid, conditions.
  • 39-1307 Application for grants-in-aid; agreements.
• 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 requirements of act; penalty for failure to report.
  • 39-1403 Same; immunity from liability of certain persons; employer prohibited from imposing sanctions on employee making report.
  • 39-1404 Same; duties of Kansas department for aging and disability services and department of health and environment; personal visit; investigation and evaluation; information provided to certain persons.
  • 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 certain individuals prohibited.
  • 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 through 39-1420 Reserved.
  • 39-1421 through 39-1429 Repealed.
  • 39-1430 Abuse, neglect or financial exploitation of certain adults; definitions.
  • 39-1431 Same; reporting abuse, neglect or financial exploitation or need of protective services; persons required to report; penalty for failure to report; posting notice of requirements of act.
  • 39-1431a Repealed.
  • 39-1431b Repealed.
  • 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 Kansas department for children and families; face-to-face visit; investigation and evaluation; findings referred to appropriate regulating authority, when; information provided to certain persons.
  • 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 accepted or declined.
  • 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 for children and families; toll-free telephone number.
  • 39-1442 Same; least restrictive actions to be taken.
  • 39-1443 Same; investigation of reports; coordination and cooperation between agencies.
  • 39-1444 Citation of act.
  • 39-1445 Definitions.
  • 39-1446 Mandatory reporting by broker-dealer or investment advisor.
  • 39-1447 Immunity of qualified persons for disclosure of information.
  • 39-1448 Notification of disclosure of information to certain persons authorized; exceptions.
  • 39-1449 Immunity of qualified persons for notifying associated individuals.
  • 39-1450 Delay of transaction or disbursement in specified circumstances; expiration of delay; extension of delay by court.
  • 39-1451 Immunity of broker-dealers and investment advisers.
  • 39-1452 Confidentiality of records.
• Article 15.—ADULT FAMILY HOMES
  • 39-1501 Adult family homes; definitions.
  • 39-1502 Same; registration; forms.
  • 39-1503 Same; registration; application for renewal; duties of secretary.
  • 39-1504 Same; requirements for registration.
  • 39-1505 Same; assessing compliance; suspension or revocation of registration; unannounced inspections.
• Article 16.—MENTAL HEALTH REFORM
  • 39-1601 Citation of act.
  • 39-1602 Definitions.
  • 39-1603 Powers and duties of secretary for aging and disability services.
  • 39-1604 Secretary for aging and disability services to adopt state assessment of needs; plan to develop and operate a state system; development by mental health centers of community assessment of needs and plan for community based services; annual review and update of assessment of needs and plan; coordinated services plan.
  • 39-1605 Governor's behavioral health services planning council; composition of council; chairperson; terms of members; vacancies; vice-chairperson; compensation.
  • 39-1606 Meetings of governor's behavioral health services planning council; duties of council; visits to state psychiatric hospitals and other providers; annual reports.
  • 39-1607 Mental health and developmental disabilities; certain powers, duties and functions.
  • 39-1608 Mental health centers to develop community assessment of needs and plan to provide community based mental health services; approval by secretary; annual reviews and reports; amendments to plan; rules and regulations; guidelines for conduct of assessments of need, for development and operation of system of services and for periodic reporting to the secretary.
  • 39-1609 Provision of community based mental health services; technical and financial assistance.
  • 39-1610 Participating mental health centers; services provided; disbursement of funds for services; mental health reform phased program; admission and discharge criteria for patients; contracts for nonclinical services.
  • 39-1611 Pilot project to provide psychiatric and substance abuse services for medicaid eligible residents less than 21 years of age; contract for such services; reports and information.
  • 39-1612 Act does not require mental health centers to make expenditures not approved by governing board of center.
  • 39-1613 Catchment areas for state psychiatric hospitals; rules and regulations, guidelines.
• Article 17.—CHILDREN, ADOLESCENTS, FAMILIES; INTERAGENCY PROVISION OF SERVICES
  • 39-1701 Interagency provision of services for children, adolescents and families act; purpose and intention of act.
  • 39-1702 Definitions.
  • 39-1703 System of regional interagency councils; establishment; purpose; rules and regulations.
  • 39-1704 Regional interagency councils; convening of; purpose; chairperson; composition; procedure and meetings; duties; confidentiality.
• Article 18.—DEVELOPMENTAL DISABILITIES REFORM
  • 39-1801 Citation of act.
  • 39-1802 Policy of state.
  • 39-1803 Definitions.
  • 39-1804 Implementation of act; powers and duties of secretary for aging and disability services; reports.
  • 39-1805 Powers and duties of community developmental disability organization.
  • 39-1806 Establishment of system of funding, quality assurance and contracting.
  • 39-1807 Repealed.
  • 39-1808 Act does not require community service provider to make certain expenditures.
  • 39-1809 Act does not create any entitlement to services.
  • 39-1810 Rules and regulations.
  • 39-1811 Community developmental disability services; maximization of federal financial participation; use of revenue derived therefrom; report to legislature.
• Article 19.—KANSAS DEPARTMENT FOR AGING AND DISABILITY SERVICES, KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES
  • 39-1901 Kansas department for aging and disability services; secretary for aging and disability services; powers, duties or functions; references to prior agency; rules and regulations.
  • 39-1902 Kansas department for children and families; secretary for children and families; powers, duties or functions; references to prior agency; rules and regulations.
  • 39-1903 Disability and behavioral health services section; administered by secretary for aging and disability services; programs transferred.
  • 39-1904 Kansas department for aging and disability services; programs and operation of institutions transferred.
  • 39-1905 Kansas department for aging and disability services; references to the Kansas department for children and families; powers duties, functions, rules and regulations, orders and directives transferred; organization of programs by secretary.
  • 39-1906 Kansas department for aging and disability services; disability behavioral health and institution functions; appointment and transfer of officers and employees; rights and benefits preserved.
  • 39-1907 Kansas department for aging and disability services; transfer of Kansas department for children and families appropriations; liability for compensation or salaries for transferred officers and employees; problem gambling and addictions grant fund.
  • 39-1908 Kansas department for aging and disability services; parts of health occupations credentialing program transferred; criminal history record check program transferred; licensure and certification of certain persons transferred.
  • 39-1909 Kansas department for aging and disability services; psychiatric residential treatment facility licensure program transferred; powers, duties and functions of program transferred.
  • 39-1910 Kansas department for aging and disability services; references to the department of health and environment; powers, duties, functions, rules and regulations, orders and directives transferred; organization of certain entities and programs.
  • 39-1911 Kansas department for aging and disability services; licensure and certification of certain persons, maintenance of certain programs; appointment and transfer of officers and employees; rights and benefits preserved.
  • 39-1912 Kansas department for aging and disability services; transfer of department of health and environment appropriations; liability for compensation or salaries for transferred officers and employees; transferred fees, grant funds and loan repayment funds.
  • 39-1913 Kansas department for aging and disability services; property, property rights and records; conflicts as to disposition of property, personnel or records determined by governor.
  • 39-1914 Rights saved in legal actions and proceedings.
• Article 20.—PROVIDERS OF DISABILITY SERVICES
  • 39-2001 Providers of disability services; purpose of act.
  • 39-2002 Definitions.
  • 39-2003 Secretary for aging and disability services; powers, duties and functions.
  • 39-2004 Secretary for aging and disability services; rules and regulations; waiver of requirements.
  • 39-2005 Providers; requirements to comply with applicable laws, ordinances and rules and regulations.
  • 39-2006 Same; requirements to obtain license.
  • 39-2007 Same; application for license.
  • 39-2008 License; application and renewal.
  • 39-2009 Persons employed by a provider; disqualification for criminal history or other acts; Kansas department for aging and disability services; disqualification for employment; waiver and criteria; rules and regulations; fingerprinting and criminal history record checks; unauthorized disclosure, penalties.
  • 39-2009a Repealed.
  • 39-2010 Licenses issued prior to effective date of act; requirement to comply with act.
  • 39-2011 Inspections and investigations of providers and facilities; notice.
  • 39-2012 Provision of license; requirements; duration.
  • 39-2013 Denial, suspension or revocation of license; procedure; loss of accreditation, notice to department.
  • 39-2014 Same; person with ownership or other interest in provider.
  • 39-2015 Provider operating without license; penalties.
  • 39-2016 Correction orders; assessment of civil penalty, notice required; appeal of assessment.
  • 39-2017 Severability of act.
  • 39-2018 Community mental health center improvement fund established; expenditures by Kansas department for aging and disability services.
  • 39-2019 Certified community behavioral health clinics; certification requirements; medical assistance program funding; deadlines for certification; rules and regulations; certification renewal criteria.