Session of 1999
SENATE BILL No. 187
By Committee on Public Health and Welfare
2-1
9 AN ACT establishing the Kansas long-term care training program; pro-
10 viding for administration thereof by the secretary of commerce.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. As used in this act:
14 (a) "Kansas long-term care training program" or "KLTC training pro-
15 gram" means a program under which the secretary provides for training,
16 customized to meet the specifications of a long-term care industry, of
17 employees or prospective employees, or both, of the industry;
18 (b) "long-term care industry" means an entity licensed by the state
19 of Kansas and located in the state of Kansas to provide services as an adult
20 care home, home health agency or hospital long-term care unit;
21 (c) "training" means training of employees or pre-employment train-
22 ing of prospective employees for jobs in the long-term care industry;
23 (d) "training agency" means any public or private nonprofit educa-
24 tional or training institution or provider and any other public or private
25 entity which is qualified to provide the training or retraining required
26 under the KLTC training program; and
27 (e) "secretary" means the secretary of commerce and housing.
28 Sec. 2. (a) The secretary shall administer the KLTC training program
29 and shall:
30 (1) Consider proposals from long-term care industries and training
31 agencies for training or retraining services under the programs;
32 (2) publicize the programs and the procedures for making and sub-
33 mitting proposals for participation therein;
34 (3) establish standards and criteria for consideration of proposals and
35 for assigning priorities among long-term care industries making proposals;
36 (4) insure the provision of adequate fiscal and accounting controls
37 under the program;
38 (5) allocate and distribute funds made available for administration of
39 the program;
40 (6) evaluate the program each year and make a report on the per-
41 formance and cost effectiveness thereof to the governor and the legisla-
42 ture; and
43 (7) adopt rules and regulations necessary for administration of the
44 program.
45 (b) Contractual agreements may be entered into by the secretary with
46 any long-term care industry, or training agency for participation in the
47 program and such agreements may be in the form of fixed-fee perform-
48 ance contracts. Training services under the KLTC training program shall
49 be provided on a shared-cost basis with the industry through negotiation
50 between the secretary and the industry. All expenditures for the payment
51 of costs under the program shall be made in accordance with appropri-
52 ation acts upon warrants of the director of accounts and reports issued
53 pursuant to vouchers approved by the secretary or by a person or persons
54 designated by the secretary. Notwithstanding any provision of law to the
55 contrary, contractual agreements entered into under the program shall
56 not be subject to competitive bidding procedures of K.S.A. 75-3739 and
57 amendments thereto.
58 Sec. 3. (a) Any training agency may make and submit to the secretary
59 proposals for participation in the KLTC training program and may enter
60 into contractual agreements with the secretary for provision of training
61 or retraining services under such program.
62 (b) Contractual agreements shall be entered into with training agen-
63 cies only if the agencies can demonstrate a satisfactory record of perform-
64 ance in placement in and retention of employment by former trainees
65 and that training provided by the agencies prepares trainees in a manner
66 satisfactory to employers.
67 (c) The secretary may prescribe appropriate performance criteria and
68 qualifications and other standards for training agencies under the KLTC
69 training program, for purposes of this act.
70 Sec. 4. This act shall take effect and be in force from and after its
71 publication in the statute book.