Session of 1999
         
SENATE BILL No. 268
         
By Committee on Public Health and Welfare
          
2-8
          
  9             AN  ACT concerning developmentally disabled persons; relating to com-
10             munications accommodations; amending K.S.A. 1998 Supp. 39-1803,
11             39-1804, 39-1805 and 39-1806 and repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 39-1803 is hereby amended to read as
15       follows: 39-1803. As used in the developmental disabilities reform act:
16             (a) "Adaptive behavior" means the effectiveness or degree with which
17       an individual meets the standards of personal independence and social
18       responsibility expected of that person's age, cultural group and
19       community.
20             (b) "Affiliate" means an entity or person that meets standards set out
21       in rules and regulations adopted by the secretary relating to the provision
22       of services and that contracts with a community developmental disabilities
23       organization.
24             (c) "Communications accommodations" means the presentation of in-
25       formation, materials, choices and instructions in the manner proven to be
26       the most effective form of communications for persons with developmental
27       disabilities. Such accommodations may involve, but are not limited to, the
28       use of specific types of sign language and sign language interpretation,
29       other communications assistance, braille, large print and tape recordings
30       of written materials.
31             (c) (d) "Community services" means services provided to meet the
32       needs of persons with developmental disabilities relating to work, living
33       in the community, and individualized supports and services.
34             (d) (e) "Community developmental disability organization" means
35       any community mental retardation facility that is organized pursuant to
36       K.S.A. 19-4001 through 19-4015 and amendments thereto.
37             (e) (f) "Community service provider" means a community develop-
38       mental disability organization or affiliate thereof.
39             (f) (g) "Developmental disability" means:
40             (1) Mental retardation; or
41             (2) a severe, chronic disability, which:
42             (A) Is attributable to a mental or physical impairment, multiple sen-
43       sory impairments, a combination of mental and physical impairments,

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  1       physical and sensory impairments, mental and sensory impairments or a
  2       condition which has received a dual diagnosis of mental retardation and
  3       mental illness;
  4             (B) is manifest before 22 years of age;
  5             (C) is likely to continue indefinitely;
  6             (D) results, in the case of a person five years of age or older, in a
  7       substantial limitation in three or more of the following areas of major life
  8       functioning: Self-care, receptive and expressive language development
  9       and use, learning and adapting, mobility, self-direction, capacity for in-
10       dependent living and economic self-sufficiency;
11             (E) reflects a need for a combination and sequence of special inter-
12       disciplinary or generic care, treatment, specialized communications tech-
13       niques or other services which are lifelong, or extended in duration and
14       are individually planned and coordinated; and
15             (F) does not include individuals who are solely and severely emo-
16       tionally disturbed or seriously or persistently mentally ill or have disabil-
17       ities solely as a result of the infirmities of aging.
18             (g) "Institution" means state institution for the mentally retarded as
19       defined by subsection (c) of K.S.A. 76-12b01 and amendments thereto
20       or intermediate care facility for the mentally retarded of nine beds or
21       more as defined by subsection (a) (4) of K.S.A. 39-923 and amendments
22       thereto.
23             (h) "Mental retardation" means substantial limitations in present
24       functioning that is manifested during the period from birth to age 18
25       years and is characterized by significantly subaverage intellectual func-
26       tioning existing concurrently with deficits in adaptive behavior including
27       related limitations in two or more of the following applicable adaptive
28       skill areas: Communication, self-care, home living, social skills, commu-
29       nity use, self-direction, health and safety, functional academics, leisure
30       and work.
31             (i) "Secretary" means the secretary of social and rehabilitation
32       services.
33             Sec.  2. K.S.A. 1998 Supp. 39-1804 is hereby amended to read as
34       follows: 39-1804. (a) Except as otherwise specifically provided in this act
35       and subject to appropriations of federal and state funds, the secretary,
36       after consultation with representatives of community developmental dis-
37       ability organizations, community service providers, families and consumer
38       advocates, shall implement and administer the provisions of the devel-
39       opmental disabilities reform act in accordance with the following policies.
40       Persons with developmental disabilities shall:
41             (1) Be provided assistance to obtain food, housing, clothing and med-
42       ical care; protection from abuse, neglect and exploitation; and a range of
43       services and supports which include communications accommodations in

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  1       order to assist in the determination of individual needs; and
  2             (2) receive assistance in determining and communicating their needs;
  3       be provided information, using appropriate communications accommo-
  4       dations, about all service options available to meet those needs; have
  5       coordination of services delivered; be assisted and supported in living with
  6       their families, or independently; be assisted in finding transportation to
  7       support access to the community; and receive individually planned ha-
  8       bilitation, education, training, employment and recreation subject to sup-
  9       ports and services available in the community of their choice.
10             (b) To accomplish the policies set forth in subsection (a), the secre-
11       tary, subject to the provisions of appropriation acts, shall annually propose
12       and implement a plan including, but not limited to, financing thereof
13       which shall: (1) Provide for an organized network of community services
14       for persons with developmental disabilities; (2) maximize the availability
15       of federal resources to supplement state and local funding for such sys-
16       tems; and (3) reduce reliance on separate, segregated settings in institu-
17       tions or the community for persons with developmental disabilities.
18             (c) The secretary shall report to the legislature the number of persons
19       with developmental disabilities eligible to receive community services and
20       shall make a progress report on the implementation of the annual plans
21       and the progress made to accomplish a comprehensive community serv-
22       ices system for persons with developmental disabilities.
23             (d) The secretary shall prepare and submit budget estimates for the
24       department of social and rehabilitation services to the division of the
25       budget and the legislature and shall establish and implement policies and
26       procedures within the programs and activities of the department so that
27       funds for state-level programs and activities for persons who are devel-
28       opmentally disabled are allocated between services delivered in institu-
29       tions and community services.
30             (e) Subject to the provisions of this act and appropriation acts, the
31       secretary shall administer and disburse funds to each community devel-
32       opmental disability organization for the coordination and provision of
33       community services.
34             (f) The secretary shall establish procedures and systems to evaluate
35       the results and outcomes of the implementation of this act to assure the
36       attainment of maximum quality and efficient delivery of community
37       services.
38             Sec.  3. K.S.A. 1998 Supp. 39-1805 is hereby amended to read as
39       follows: 39-1805. In addition to any other power and duty prescribed by
40       law, and subject to appropriations, a community developmental disability
41       organization shall have the power and duty to:
42             (a) Directly or by subcontract, serve as a single point of application
43       or referral for services, and assist and arrange for communications accom-

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  1       modations when requested to enable all persons with a developmental
  2       disability to have access to and an opportunity to participate in community
  3       services, except in those circumstances in which the secretary determines,
  4       subject to an immediate hearing before the district court located in the
  5       county in which the person with a developmental disability resides, par-
  6       ticipation in community services is not the appropriate placement for such
  7       person because such person is presently likely to cause harm to self or
  8       others;
  9             (b) provide either directly or by subcontract, services to persons with
10       a developmental disability, including, but not limited to, eligibility deter-
11       mination; explanation of available services and service providers; case
12       management services, if requested; communications accommodations, if
13       requested; assistance in establishing new providers, if requested; and ad-
14       vocacy for participation in community services;
15             (c) organize a council of community members, consumers or their
16       family members or guardians, and community service providers, com-
17       posed of a majority of consumers or their family members or guardians
18       who shall meet not less than quarterly to address systems issues, includ-
19       ing, but not limited to, planning and implementation of services; and
20       develop and implement a method by which consumer complaints, inter-
21       agency and other intrasystem disputes are resolved;
22             (d) provide, directly or by subcontract, information about affiliate and
23       referral services to persons with a developmental disability whose partic-
24       ular needs can be met in the community or through government; and
25             (e) ensure that affiliates have the option to review referrals and wait-
26       ing lists on a periodic basis to contact potential consumers with infor-
27       mation concerning their services.
28             Sec.  4. K.S.A. 1998 Supp. 39-1806 is hereby amended to read as
29       follows: 39-1806. To carry out the provisions of this act, the secretary shall
30       establish after consultation with representatives of community develop-
31       mental disability organizations and affiliates thereof, and families and con-
32       sumer advocates:
33             (a) A system of adequate and reasonable funding or reimbursement
34       for the delivery of community services that:
35             (1) For persons moving from institutions into the community, directs
36       funding to follow in an amount not less than that which is required to
37       reimburse community service providers for services as set forth in such
38       person's plan for transfer from the institution to community services in-
39       cluding expenses of relocation and initiation of services;
40             (2) consolidates federal and state funding sources;
41             (3) requires an independent, professional review of the rate struc-
42       tures on a biennial basis resulting in a recommendation to the legislature
43       regarding rate adjustments. Such recommendation shall be adequate to

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  1       support: (A) A system of employee compensation competitive with local
  2       conditions; (B) training and technical support to attract and retain qual-
  3       ified employees; (C) a quality assurance process which is responsive to
  4       consumers' needs and which maintains the standards of quality service;
  5       (D) risk management and insurance costs; and (E) program management
  6       and coordination responsibilities;
  7             (b) a system of quality assurance based on standards set out in rules
  8       and regulations adopted by the secretary which insures effective service
  9       delivery, fiscal accountability and networking cooperation and which al-
10       lows community service providers to present evidence of attainment of
11       national accreditation or compliance with state or federal laws or rules
12       and regulations, or both, to indicate compliance with such standards; and
13             (c) a system of contracting that:
14             (1) Authorizes open and equitable negotiation between contracting
15       parties or their designated agent or agents;
16             (2) authorizes mediation by an independent entity chosen by the par-
17       ties to the contract in the event of contract disputes and if mediation is
18       not completed prior to the end of any existing contract, authorizes an
19       extension of time of such existing contract or entering into a temporary
20       contract;
21             (3) requires achievement and maintenance of community services
22       standards by community service providers;
23             (4) includes compensation for community services, which may be
24       specialized in nature, and which meet the individualized needs of persons
25       with developmental disabilities for community services and communica-
26       tions accommodations related thereto; and
27             (5) requires community developmental disability organizations to
28       contract with those affiliates from whom a person with a developmental
29       disability chooses services. 
30       Sec.  5. K.S.A. 1998 Supp. 39-1803, 39-1804, 39-1805 and 39-1806
31       are hereby repealed.
32        Sec.  6. This act shall take effect and be in force from and after its
33       publication in the statute book.