Session of 1999
HOUSE BILL No. 2237
By Committee on Health and Human Services
(By Request of SRS Transition Oversight Committee)
2-3
10 AN ACT concerning redesignation of the state long-term care ombuds-
11 man as the state long-term care advocate; amending K.S.A. 39-1406
12 and K.S.A. 1998 Supp. 75-5908, 75-5914, 75-7301, 75-7302, 75-7303,
13 75-7304, 75-7305, 75-7306, 75-7307, 75-7308, 75-7309, 75-7310, 75-
14 7311, 75-7312, 75-7313 and 75-7314 and repealing the existing
15 sections.
16
17 Be it enacted by the Legislature of the State of Kansas:
18 New Section 1. On July 1, 1999, the state long-term care ombuds-
19 man is hereby redesignated and shall be referred to as the state long-
20 term care advocate. On July 1, 1999, the office of the state long-term care
21 ombudsman is hereby redesignated and shall be referred to as the office
22 of the state long-term care advocate. On and after July 1, 1999, whenever
23 the state long-term care ombudsman or the office of the state long-term
24 care ombudsman, or works of like effect, are referred to or designated
25 by a statute, contract or other document, such reference or designation
26 shall be deemed to apply to the state long-term care advocate and the
27 office of the state long-term care advocate, respectively. Nothing in this
28 section shall be construed as abolishing and reestablishing the state long-
29 term care ombudsman and the office of the state long-term care om-
30 budsman and such officer and office, respectively, are specifically contin-
31 ued in existence as redesignated and shall constitute and be construed to
32 be the state long-term care ombudsman and the office of the state long-
33 term care ombudsman for all purposes of references to such officer or
34 office, as the case may be, under the federal older Americans act and
35 other federal acts, grants or documents relating thereto.
36 Sec. 2. K.S.A. 39-1406 is hereby amended to read as follows: 39-
37 1406. Any person, department or agency authorized to carry out the du-
38 ties enumerated in this act and the state long-term care ombudsman ad-
39 vocate shall have access to all relevant records. The authority of the
40 secretary of social and rehabilitation services and the secretary of health
41 and environment under this act shall include, but not be limited to, the
42 right to initiate or otherwise take those actions necessary to assure the
43 health, safety and welfare of any resident, subject to any specific require-
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2
1 ment for individual consent of the resident.
2 Sec. 3. K.S.A. 1998 Supp. 75-5908 is hereby amended to read as
3 follows: 75-5908. In addition to powers and duties otherwise provided by
4 law, the secretary shall have the following powers and duties:
5 (a) To evaluate all programs, services and facilities for the aged within
6 the state and determine the extent to which present public or private
7 programs, services and facilities meet the needs of the aged.
8 (b) To evaluate and coordinate all programs, services and facilities for
9 the aging presently furnished by state and federal agencies, and make
10 appropriate recommendations regarding such services, programs and fa-
11 cilities to the governor and the legislature.
12 (c) To function as the sole state agency to develop a comprehensive
13 plan to meet the needs of the state's senior citizens.
14 (d) To receive and disburse federal funds made available directly to
15 the department, including those funds made available under the federal
16 older Americans act of 1965, 42 U.S.C. 3001 et seq., and any amendments
17 thereto, for providing services for senior citizens or for purposes related
18 thereto and to develop and administer any state plan for the aging re-
19 quired by federal law.
20 (e) To solicit, accept, hold and administer in behalf of the state any
21 grants, devises or bequests of money, securities or property to the state
22 of Kansas for services to senior citizens or purposes related thereto.
23 (f) To provide consultation and assistance to communities and groups
24 developing local and area services for senior citizens.
25 (g) To promote community education regarding the problems of sen-
26 ior citizens through institutes, publications, radio, television and the press.
27 (h) To cooperate with agencies of the federal government in studies
28 and conferences designed to examine the needs of senior citizens and to
29 prepare programs and facilities to meet those needs.
30 (i) To establish and maintain information and referral sources
31 throughout the state in conjunction with other agencies.
32 (j) To provide such staff support as may reasonably be required by
33 the council.
34 (k) To establish state policies for the administration of the depart-
35 ment; for the disbursement of federal older Americans act funds within
36 the state; and for state administration of federal older Americans act pro-
37 grams consistent with relevant federal law, rules and regulations, policies
38 and procedures.
39 (l) To keep informed of the latest developments of research, studies
40 and programs being conducted nationally and internationally on problems
41 and needs of aging.
42 (m) To adopt such rules and regulations as may be necessary to ad-
43 minister the provisions of article 59 of chapter 75 of the Kansas Statutes
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1 Annotated and acts amendatory thereof and supplemental thereto.
2 (n) To lend surplus state property under the authority of the depart-
3 ment on aging to area agencies on aging or to the state long-term care
4 ombudsman advocate to help them perform duties required under state
5 and federal programs administered by the department on aging.
6 (o) To enter into any contract or agreement which the secretary finds
7 necessary to perform the powers, duties and functions of the secretary or
8 the department.
9 Sec. 4. K.S.A. 1998 Supp. 75-5914 is hereby amended to read as
10 follows: 75-5914. The advisory council on aging shall have the following
11 powers and duties:
12 (a) Provide advocacy for the aging in the affairs of the department,
13 the governor's office and other public and private, state and local agencies
14 affecting the aging;
15 (b) review and comment upon reports of the department to the gov-
16 ernor and the legislature;
17 (c) prepare and submit to the governor, the legislature and the sec-
18 retary an annual report evaluating the level and quality of all programs,
19 services and facilities provided to the aging by state agencies;
20 (d) review and comment upon the comprehensive state plan pre-
21 pared by the department;
22 (e) review and comment upon disbursements by the department of
23 public funds to public and private agencies;
24 (f) recommend candidates to the governor for appointment as sec-
25 retary of aging for the department on aging;
26 (g) consult with the secretary regarding the operations of the
27 department;
28 (h) serve as the advisory committee to the governor and the depart-
29 ment on aging as required and defined in the rules and regulations, part
30 903.50(c), issued under the federal older Americans act of 1965 (public
31 law 89-73) and amendments thereto;
32 (i) review and comment to the state long-term care ombudsman ad-
33 vocate upon the policies and procedures of the office of long-term care
34 ombudsman advocate; and
35 (j) consult with the state long-term care ombudsman advocate re-
36 garding needs for ombudsman long-term care advocacy services for aged
37 Kansas residents.
38 Sec. 5. K.S.A. 1998 Supp. 75-7301 is hereby amended to read as
39 follows: 75-7301. (a) The office of the state long-term care ombudsman
40 advocate is hereby attached to the department of administration. The
41 office of the state long-term care ombudsman advocate shall be in To-
42 peka, Kansas. The secretary of administration shall provide such technical
43 assistance and advice as the secretary deems reasonable and necessary to
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1 assist the state long-term care ombudsman advocate office to function as
2 an independent state agency. The secretary of administration and the
3 department of administration shall have no authority over the state long-
4 term care ombudsman advocate, any regional long-term care ombudsman
5 advocate, any other ombudsman long-term care advocate, including any
6 volunteer ombudsman long-term care advocate, or any other officer, em-
7 ployee or volunteer of the office of the state long-term care ombudsman
8 advocate with respect to the performance of any power, duty or function
9 of the office or the exercise of any other authority of the office or the
10 state long-term care ombudsman advocate.
11 (b) For the fiscal year ending June 30, 2000, and for each fiscal year
12 thereafter, the secretary of administration shall include the budget esti-
13 mate of the office of the state long-term care ombudsman advocate, as
14 prepared and approved by the state long-term care ombudsman advocate,
15 along with the budget estimate prepared and submitted to the division
16 of the budget for the department of administration under K.S.A. 75-3717
17 and amendments thereto. The budget estimate of the office of the state
18 long-term care ombudsman advocate for each such fiscal year shall be
19 prepared at the direction and under the supervision of the state long-
20 term care ombudsman advocate. Expenditures from appropriations to the
21 department of administration for the office of the state long-term care
22 ombudsman advocate, made pursuant to budget estimates for the office,
23 shall be made on vouchers approved by the state long-term care om-
24 budsman advocate or the state long-term care ombudsman's advocate's
25 designee. All vouchers for expenditures and all payrolls of the office of
26 the state long-term care ombudsman advocate shall be approved by the
27 state long-term care ombudsman advocate or the state long-term care
28 ombudsman's advocate's designee.
29 Sec. 6. K.S.A. 1998 Supp. 75-7302 is hereby amended to read as
30 follows: 75-7302. (a) The secretary of aging and the state long-term care
31 ombudsman advocate shall enter into agreements for the provision of
32 financial assistance to the office by the department on aging from avail-
33 able state and federal funds of the department on aging. This financial
34 assistance shall be to assist the office of the state long-term care om-
35 budsman advocate to provide ombudsman long-term care advocacy serv-
36 ices in accordance with the long-term care ombudsman advocacy act,
37 applicable federal programs and the provisions of this section.
38 (b) Subject to the provisions of appropriation acts, the secretary of
39 aging and the department on aging shall continue to provide financial
40 assistance for the office of the state long-term care ombudsman advocate
41 in an aggregate amount of not less than the aggregate of the amounts
42 provided during the fiscal year ending June 30, 1998, appropriately ad-
43 justed for increases attributable to inflation and other applicable factors.
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1 (c) For the fiscal year ending June 30, 2000, and for each fiscal year
2 thereafter, the secretary of aging shall include in the budget estimate
3 prepared and submitted to the division of the budget for the department
4 on aging under K.S.A. 75-3717 and amendments thereto, in addition to
5 other amounts included in such budget estimate for the department on
6 aging, amounts to be provided to the office of the state long-term care
7 ombudsman advocate during such fiscal year pursuant to this section. The
8 amounts included in each such budget estimate to be provided to the
9 office of the state long-term care ombudsman advocate shall include
10 amounts to be appropriated from moneys provided to the department on
11 aging under the federal older Americans act, 42 U.S.C. 3001 et seq., and
12 amendments thereto, or other federal programs for the aging or from
13 other moneys of the department on aging. In no case shall the aggregate
14 of the amounts included in any such budget estimate of the department
15 on aging, that are to be provided to the office of the state long-term care
16 ombudsman advocate, be less than the aggregate of all moneys provided
17 during the fiscal year ending June 30, 1998, by the department on aging
18 for the office of the state long-term care ombudsman advocate from ap-
19 propriations to the department on aging, including moneys received un-
20 der the federal older Americans act, 42 U.S.C. 3001 et seq., and amend-
21 ments thereto, or under any other federal programs for the aging. The
22 aggregate amounts included in each such budget estimate of the depart-
23 ment on aging, that are to be provided to the office of the state long-term
24 care ombudsman advocate, shall be adjusted appropriately for increases
25 attributable to inflation and other applicable factors.
26 Sec. 7. K.S.A. 1998 Supp. 75-7303 is hereby amended to read as
27 follows: 75-7303. As used in the long-term care ombudsman advocacy
28 act:
29 (a) "Ombudsman Long-term care advocate" means the state long-
30 term care ombudsman advocate, any regional long-term care ombudsman
31 advocate or any individual designated as an ombudsman a long-term care
32 advocate under subsection (h) of K.S.A. 1998 Supp. 75-7306 and amend-
33 ments thereto who has received the training required under subsection
34 (f) of K.S.A. 1998 Supp. 75-7306 and amendments thereto and who has
35 been designated by the state long-term care ombudsman advocate to
36 carry out the powers, duties and functions of the office of the state long-
37 term care ombudsman advocate.
38 (b) "Volunteer ombudsman long-term care advocate" means an in-
39 dividual who has satisfactorily completed the training prescribed by the
40 state long-term care ombudsman advocate under subsection (f) of K.S.A.
41 1998 Supp. 75-7306 and amendments thereto, who is a volunteer assisting
42 in providing ombudsman long-term care advocacy services and who re-
43 ceives no payment for such service other than reimbursement for ex-
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1 penses incurred in accordance with guidelines adopted therefor by the
2 state long-term care ombudsman advocate.
3 (c) "Facility" means an adult care home as such term is defined in
4 K.S.A. 39-923 and amendments thereto, except that facility does not in-
5 clude any nursing facility for mental health or any intermediate care fa-
6 cility for the mentally retarded, as such terms are defined in K.S.A. 39-
7 923 and amendments thereto.
8 (d) "Resident" means a resident as such term is defined in K.S.A. 39-
9 923 and amendments thereto.
10 (e) "State long-term care ombudsman advocate" means the individ-
11 ual appointed by the governor to administer the office of the state long-
12 term care ombudsman advocate.
13 (f) "Regional long-term care ombudsman advocate" means an indi-
14 vidual appointed by the state long-term care ombudsman advocate under
15 K.S.A. 1998 Supp. 75-7304 and amendments thereto.
16 (g) "Office" means the office of the state long-term care ombudsman
17 advocate.
18 (h) "Conflict of interest" means (1) having a pecuniary or other in-
19 terest in a facility, but not including interests that result only from having
20 a relative who is a resident or from being the guardian of a resident, (2)
21 being actively employed or otherwise having active involvement in rep-
22 resentation of or advocacy for any facility or group of facilities, whether
23 or not such representation or advocacy is individual or through an asso-
24 ciation or other entity, but not including any such active involvement that
25 results only from having a relative who is a resident or from being the
26 guardian of a resident, or (3) being employed by or having an active
27 association with any entity that represents any resident or group of resi-
28 dents, including any area agency on aging, but not including any such
29 active association that results only from having a relative who is a resident
30 or from being the guardian of a resident.
31 Sec. 8. K.S.A. 1998 Supp. 75-7304 is hereby amended to read as
32 follows: 75-7304. (a) On the effective date of this act, the office of the
33 state long-term care ombudsman advocate in existence on the day pre-
34 ceding such effective date is hereby abolished and there is hereby estab-
35 lished the office of the state long-term care ombudsman advocate, the
36 head of which shall be the state long-term care ombudsman advocate. In
37 performance of the powers, duties and functions prescribed by law, the
38 office shall be an independent state agency. The state long-term care
39 ombudsman advocate shall be appointed by the governor, subject to con-
40 firmation by the senate as provided in K.S.A. 75-4315b and amendments
41 thereto. The term of office of the first person appointed as the state long-
42 term care ombudsman advocate on or after the effective date of this act
43 shall expire on January 15, 2000, and such state long-term care ombuds-
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1 man advocate shall serve until a successor is appointed and confirmed.
2 Thereafter, each person appointed as the state long-term care ombuds-
3 man advocate shall have a term of office of four years and shall serve
4 until a successor is appointed and confirmed.
5 (b) The long-term care ombudsman advocate shall appoint each re-
6 gional long-term care ombudsman advocate and all officers and employ-
7 ees of the office of state long-term care ombudsman advocate. Each re-
8 gional long-term care ombudsman advocate and all such officers and
9 employees shall be within the classified service under the Kansas civil
10 service act.
11 (c) In accordance with the provisions of this act, the state long-term
12 care ombudsman advocate shall administer the office of the state long-
13 term care ombudsman advocate.
14 (d) No person shall be eligible to be appointed to, or to hold, the
15 office of state long-term care ombudsman advocate if such person is sub-
16 ject to a conflict of interest. No person shall be eligible for appointment
17 as the state long-term care ombudsman advocate unless such person has:
18 (1) A baccalaureate or higher degree from an accredited college or
19 university;
20 (2) demonstrated abilities to analyze problems of law, administration
21 and public policy; and
22 (3) experience in investigation and conflict resolution procedures.
23 (e) (1) On the effective date of this act, all of the powers, duties,
24 functions, records and property of the office of the state long-term care
25 ombudsman advocate abolished by this section, which are prescribed for
26 the office of the state long-term care ombudsman advocate by this act,
27 are hereby transferred to and conferred and imposed upon the office of
28 the state long-term care ombudsman advocate that is established by this
29 section, except as is otherwise specifically provided by this act. On the
30 effective date of this act, all of the powers, duties, functions, records and
31 property of the secretary of aging or the department on aging, which
32 relate to or are required for the performance of powers, duties or func-
33 tions which are prescribed for the office of the state long-term care om-
34 budsman advocate or the state long-term care ombudsman advocate by
35 this act, including the power to expend funds now or hereafter made
36 available in accordance with appropriation acts, are hereby transferred to
37 and conferred and imposed upon the office of the state long-term care
38 ombudsman advocate and the state long-term care ombudsman advocate
39 that are established by this section, except as is otherwise specifically
40 provided by this act.
41 (2) The office of the state long-term care ombudsman advocate es-
42 tablished by this section shall be the successor in every way to the powers,
43 duties and functions of the office of the state long-term care ombudsman
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1 advocate, the secretary of aging, or the department on aging in which
2 such powers, duties and functions were vested prior to the effective date
3 of this act, except as otherwise specifically provided by this act. Every act
4 performed under the authority of the office of the state long-term care
5 ombudsman advocate established by this act shall be deemed to have the
6 same force and effect as if performed by the office of the state long-term
7 care ombudsman advocate, the secretary of aging or the department on
8 aging in which such powers, duties and functions were vested prior to
9 the effective date of this act.
10 (3) Subject to the provisions of this act, whenever the office of the
11 state long-term care ombudsman advocate that is abolished by this act or
12 the secretary on aging or the department on aging, or words of like effect,
13 is referred to or designated by a statute, contract, or other document, and
14 such reference or designation relates to a power, duty or function which
15 is transferred to and conferred and imposed upon the office of the state
16 long-term care ombudsman advocate that is established by this act, such
17 reference or designation shall be deemed to apply to the office of the
18 state long-term care ombudsman advocate established by this act.
19 (4) All policies, orders or directives of the office of the state long-
20 term care ombudsman advocate that is abolished by this act and all pol-
21 icies, orders or directives of the secretary of aging, which are in existence
22 on the effective date of this act and which relate to powers, duties and
23 functions that were vested in such office of the state long-term care om-
24 budsman advocate or the secretary of aging prior to such date, shall con-
25 tinue to be effective and shall be deemed to be the policies, orders or
26 directives of the state long-term care ombudsman advocate established
27 by this act, until revised, amended or revoked or nullified pursuant to
28 law. The office of the state long-term care ombudsman advocate estab-
29 lished by this act shall be deemed to be a continuation of the office of
30 the state long-term care ombudsman advocate abolished by this act.
31 (5) (A) The state long-term care ombudsman advocate and the sec-
32 retary of administration shall provide that all officers and employees of
33 the department on aging, who are engaged in the exercise and perform-
34 ance of the powers, duties and functions of the programs of the office of
35 the state long-term care ombudsman advocate that are transferred by this
36 act, are transferred to the office of the state long-term care ombudsman
37 advocate established by this section.
38 (B) Officers and employees of the department on aging transferred
39 under this act shall retain all retirement benefits and leave rights which
40 had accrued or vested prior to each date of transfer. The service of each
41 officer or employee so transferred shall be deemed to be continuous. All
42 transfers, layoffs and abolition of classified service positions under the
43 Kansas civil service act which may result from program transfers under
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1 this act shall be made in accordance with the civil service laws and any
2 rules and regulations adopted thereunder. Nothing in this act shall affect
3 the classified status of any transferred person employed by the depart-
4 ment on aging prior to the date of transfer.
5 (C) If the state long-term care ombudsman advocate and the secre-
6 tary of aging cannot agree as to how any transfer of an officer or employee
7 is to take place under this section, the state long-term care ombudsman
8 advocate and the secretary of administration shall be responsible for ad-
9 ministering any layoff that is part of the transfer in accordance with this
10 act.
11 (D) Notwithstanding the effective date of this act, the provisions of
12 this act prescribing the transfer of officers and employees between the
13 office of the state long-term care ombudsman advocate established by
14 this section and the department on aging, the date of transfer of each
15 such officer or employee shall commence at the start of a payroll period.
16 Sec. 9. K.S.A. 1998 Supp. 75-7305 is hereby amended to read as
17 follows: 75-7305. (a) The state long-term care ombudsman advocate shall
18 ensure that:
19 (1) No individual involved in the authorization of any individual to
20 represent the office as an ombudsman a long-term care advocate or a
21 volunteer ombudsman long-term care advocate is subject to a conflict of
22 interest;
23 (2) no officer, employee or other representative of the office is sub-
24 ject to a conflict of interest;
25 (3) policies and procedures are in place to identify and remedy all
26 conflicts of interest specified under paragraphs (1) and (2);
27 (4) legal counsel is available to the office for advice and consultation
28 and that legal representation is provided to any ombudsman long-term
29 care advocate against whom suit or other legal action is brought in con-
30 nection with the performance of the ombudsman's long-term care ad-
31 vocate's official duties; and
32 (5) the office has the ability to pursue administrative, legal and other
33 appropriate remedies on behalf of residents of facilities.
34 (b) The state long-term care ombudsman advocate may enter into
35 contracts with service providers to provide investigative, legal, public ed-
36 ucation, training or other services as may be required to assist the state
37 long-term care ombudsman advocate in providing ombudsman long-term
38 care advocacy services to residents of facilities or as otherwise required
39 to carry out the powers, duties and functions of the office. Contracts
40 entered into under this subsection shall not be subject to the competitive
41 bidding requirements of K.S.A. 75-3739 and amendments thereto. No
42 contract may be entered into by the state long-term care ombudsman
43 advocate to privatize the office or to otherwise provide that all or sub-
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1 stantially all of the ombudsman long-term care advocacy services or func-
2 tions of the office are to be performed by one or more service providers.
3 (c) For the purposes of carrying out the powers and duties of the
4 office of the state long-term care ombudsman advocate, the state long-
5 term care ombudsman advocate may request and accept a grant or do-
6 nation from any person, firm, association or corporation or from any fed-
7 eral, state or local governmental agency and may enter into contracts or
8 other transactions with any such person or entity in connection with the
9 grant or donation.
10 Sec. 10. K.S.A. 1998 Supp. 75-7306 is hereby amended to read as
11 follows: 75-7306. The state long-term care ombudsman advocate shall be
12 an advocate of residents in facilities throughout the state. The state long-
13 term care ombudsman advocate shall:
14 (a) Investigate and resolve complaints made by or on behalf of the
15 residents relating to action, inaction or decisions of facilities or the rep-
16 resentatives of facilities, or both, except that all complaints of abuse, ne-
17 glect or exploitation of a resident shall be referred to the secretary of
18 health and environment in accordance with provisions of K.S.A. 39-1401
19 et seq. and amendments thereto;
20 (b) develop continuing programs to inform residents, their family
21 members or other persons responsible for residents regarding the rights
22 and responsibilities of residents and such other persons;
23 (c) provide the legislature and the governor with an annual report
24 containing data, findings and outcomes regarding the types of problems
25 experienced and complaints received by or on behalf of residents and
26 containing policy, regulatory and legislative recommendations to solve
27 such problems, resolve such complaints and improve the quality of care
28 and life in facilities and shall present such report and other appropriate
29 information and recommendations to the senate committee on public
30 health and welfare, the senate committee on ways and means, the house
31 of representatives committee on health and human services and the house
32 of representatives committee on appropriations during each regular ses-
33 sion of the legislature;
34 (d) analyze and monitor the development and implementation of fed-
35 eral, state and local government laws, rules and regulations, resolutions,
36 ordinances and policies with respect to long-term care facilities and serv-
37 ices provided in this state, and recommend any changes in such laws,
38 regulations, resolutions, ordinances and policies deemed by the office to
39 be appropriate;
40 (e) provide information and recommendations directly to news media
41 representatives, public agencies, legislators and others, as deemed nec-
42 essary by the office, regarding the problems and concerns of residents in
43 facilities, including recommendations related thereto, except that the
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1 state long-term care ombudsman advocate shall give the information or
2 recommendations to any directly affected parties or their representatives
3 before providing such information or recommendations to news media
4 representatives;
5 (f) prescribe and provide for the training of each regional long-term
6 care ombudsman advocate and any individual designated as an ombuds-
7 man a long-term care advocate under subsection (h) of this section, and
8 any individual who is an ombudsman a volunteer long-term care advocate
9 in (1) federal, state and local laws, rules and regulations, resolutions, or-
10 dinances and policies with respect to facilities located in Kansas, (2) in-
11 vestigative techniques, and (3) such other matters as the state long-term
12 care ombudsman advocate deems appropriate;
13 (g) coordinate ombudsman long-term care advocacy services pro-
14 vided by the office with the protection and advocacy systems for individ-
15 uals with developmental disabilities and mental illness established under
16 part A of the federal developmental disabilities assistance and bill of rights
17 act, 42 U.S.C.A. 6001 et seq., and under the federal protection and ad-
18 vocacy for mentally ill individuals act of 1986, public law 99-316;
19 (h) authorize an individual, who is an employee of the office and who
20 has satisfactorily completed the training prescribed by the state long-term
21 care ombudsman advocate under subsection (f), to be an ombudsman a
22 long-term care advocate or a volunteer ombudsman long-term care ad-
23 vocate and to be a representative of the office and such an authorized
24 individual shall be deemed to be a representative of the office for the
25 purposes of and subject to the provisions of the long-term care ombuds-
26 man advocacy act;
27 (i) establish and maintain a system to recruit and train individuals to
28 become volunteer ombudsmen long-term care advocates;
29 (j) develop and implement procedures for authorizing and for with-
30 drawing the authorization of individuals to be ombudsmen long-term care
31 advocates or volunteer ombudsmen long-term care advocates to represent
32 the office in providing ombudsmen long-term care advocacy services;
33 (k) provide services to residents of facilities throughout the state di-
34 rectly or through service providers to meet needs for ombudsmen long-
35 term care advocacy services;
36 (l) collaborate with the department of health and environment and
37 the department of social and rehabilitation services to establish a state-
38 wide system to collect and analyze information on complaints and con-
39 ditions in facilities; and
40 (m) perform such other duties and functions as may be provided by
41 law.
42 Sec. 11. K.S.A. 1998 Supp. 75-7307 is hereby amended to read as
43 follows: 75-7307. No individual shall investigate any complaint filed with
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1 the office of the state long-term care ombudsman advocate unless the
2 individual has received the training required under subsection (f) of
3 K.S.A. 1998 Supp. 75-7306 and amendments thereto and has been des-
4 ignated by the state long-term care ombudsman advocate as an ombuds-
5 man a long-term care advocate or a voluntary ombudsman volunteer long-
6 term care advocate qualified to investigate such complaints.
7 Sec. 12. K.S.A. 1998 Supp. 75-7308 is hereby amended to read as
8 follows: 75-7308. (a) An ombudsman A long-term care advocate or a vol-
9 unteer ombudsman long-term care advocate is hereby authorized to enter
10 any facility and any area within such facility at any time with or without
11 prior notice and shall have access to the residents of a facility at all times.
12 (b) An ombudsman A long-term care advocate or a volunteer om-
13 budsman long-term care advocate shall notify immediately the person in
14 charge of a facility upon arrival and shall present appropriate
15 identification.
16 (c) Residents shall have the right to request, deny or terminate visits
17 with an ombudsman a long-term care advocate or a volunteer ombudsman
18 long-term care advocate.
19 Sec. 13. K.S.A. 1998 Supp. 75-7309 is hereby amended to read as
20 follows: 75-7309. (a) With the consent of the resident of the facility,
21 guardian of the resident or next of kin of a deceased resident, an om-
22 budsman a long-term care advocate shall have access to all records and
23 documents kept for or concerning the resident.
24 (b) An ombudsman A long-term care advocate shall have access to all
25 records and documents kept for or concerning a resident (1) in any case
26 in which the resident is unable to consent and has no guardian, and (2)
27 in a case in which (A) access to the records and documents is necessary
28 to investigate a complaint, (B) the resident is unable to consent and the
29 guardian of the resident refuses to give permission for such access, (C)
30 the investigating ombudsman long-term care advocate has reasonable
31 cause to believe that the guardian is not acting in the best interests of the
32 resident, and (D) the state long-term care ombudsman advocate has ap-
33 proved such access by the investigating ombudsman long-term care
34 advocate.
35 (c) In addition, in assisting a resident of a facility, an ombudsman a
36 long-term care advocate shall have access to all records and documents
37 of the facility which are relevant to such assistance to the extent necessary
38 to carry out the provisions of the long-term care ombudsman advocacy
39 act.
40 (d) A volunteer ombudsman long-term care advocate shall have ac-
41 cess to the plan of care and other records or documents kept for or con-
42 cerning the resident to the same extent and under the same circumstances
43 as an ombudsman a long-term care advocate under this section, except
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1 that a volunteer ombudsman long-term care advocate shall not have ac-
2 cess to any such other records and documents that are privileged medical
3 records.
4 Sec. 14. K.S.A. 1998 Supp. 75-7310 is hereby amended to read as
5 follows: 75-7310. All information, records and reports received by or de-
6 veloped by an ombudsman a long-term care advocate or a volunteer om-
7 budsman long-term care advocate which relate to a resident of a facility,
8 including written material identifying a resident or other complainant, are
9 confidential and not subject to the provisions of K.S.A. 45-201 to 45-203,
10 inclusive, and amendments thereto, and shall not be disclosed or released
11 by an ombudsman a long-term care advocate or a volunteer ombudsman
12 long-term care advocate, either by name of the resident or other com-
13 plainant or of facts which allow the identity of the resident or other com-
14 plainant to be inferred, except upon the order of a court or unless the
15 resident or the resident's legal representative or other complainant con-
16 sents in writing to such disclosure or release by an ombudsman a long-
17 term care advocate or a volunteer ombudsman long-term care advocate,
18 except the state long-term care ombudsman advocate shall forward to the
19 secretary of health and environment and the secretary of social and re-
20 habilitation services copies of reports received by the state long-term care
21 ombudsman advocate relating to the health and safety of residents and
22 except as provided in subsection (a) of K.S.A. 1998 Supp. 75-7306 and
23 amendments thereto. A summary report and findings shall be forwarded
24 to the facility, exclusive of information or material that identifies residents
25 or any other individuals.
26 Sec. 15. K.S.A. 1998 Supp. 75-7311 is hereby amended to read as
27 follows: 75-7311. An ombudsman A long-term care advocate shall have
28 access to all records and documents kept by the department of health
29 and environment, the department of social and rehabilitation services and
30 the department on aging which relate to facilities and concern the follow-
31 ing matters: (a) Licensure of facilities; (b) certification of facilities; (c)
32 public funding reimbursement for care of residents of facilities; (d) util-
33 ization and medical review records; and (e) complaints regarding care of
34 residents of facilities. The provisions of this sections section shall not apply
35 to a volunteer ombudsman long-term care advocate.
36 Sec. 16. K.S.A. 1998 Supp. 75-7312 is hereby amended to read as
37 follows: 75-7312. No ombudsman long-term care advocate or volunteer
38 ombudsman long-term care advocate shall be liable for the good faith
39 performance of official duties.
40 Sec. 17. K.S.A. 1998 Supp. 75-7313 is hereby amended to read as
41 follows: 75-7313. (a) No person shall willfully interfere with any lawful
42 action or activity of an ombudsman a long-term care advocate or a vol-
43 unteer ombudsman long-term care advocate, including the request for
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1 immediate entry into a facility.
2 (b) No person shall take any discriminatory, disciplinary or retaliatory
3 action against any officer or employee of a facility or against any resident
4 or any guardian or family member thereof for any communication by any
5 such individual with an ombudsman a long-term care advocate or a vol-
6 unteer ombudsman long-term care advocate or for any information given
7 or disclosed by such individual in good faith to aid the office in carrying
8 out its duties and responsibilities.
9 (c) Any person that violates the provisions of subsection (a) or the
10 provisions of subsection (b) shall be guilty of a class C misdemeanor.
11 Sec. 18. K.S.A. 1998 Supp. 75-7314 is hereby amended to read as
12 follows: 75-7314. The provisions of K.S.A. 1998 Supp. 75-7301 through
13 75-7314 and amendments thereto shall be known and may be cited as
14 the long-term care ombudsman advocacy act.
15 Sec. 19. K.S.A. 39-1406 and K.S.A. 1998 Supp. 75-5908, 75-5914,
16 75-7301, 75-7302, 75-7303, 75-7304, 75-7305, 75-7306, 75-7307, 75-
17 7308, 75-7309, 75-7310, 75-7311, 75-7312, 75-7313 and 75-7314 are
18 hereby repealed.
19 Sec. 20. This act shall take effect and be in force from and after its
20 publication in the statute book.