Session of 2000
HOUSE BILL No. 2669
By Legislative Post Audit Committee
1-20
10 AN ACT
concerning the developmental disabilities reform act; relating
11 to intake and service
referral functions and treatment and care service
12 functions; amending
K.S.A. 1999 Supp. 39-1801, 39-1803, 39-1804,
13 39-1805 and 39-1806
and repealing the existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 1999 Supp. 39-1801 is hereby amended to read as
17 follows: 39-1801. The provisions of K.S.A.
1999 Supp. 39-1801 through
18 39-1810 and amendments thereto shall
be known and may be cited as the
19 developmental disabilities reform act.
20 Sec.
2. K.S.A. 1999 Supp. 39-1803 is hereby amended to read as
21 follows: 39-1803. As used in the
developmental disabilities reform act:
22 (a) "Adaptive
behavior" means the effectiveness or degree with which
23 an individual meets the standards of
personal independence and social
24 responsibility expected of that person's
age, cultural group and
25 community.
26
(b) "Affiliate" means an entity or person that meets
standards set out
27 in rules and regulations adopted by
the secretary relating to the provision
28 of services and that contracts with
a community developmental disabilities
29 organization.
30
(c) "Community services" means services provided to
meet the needs
31 of persons with developmental disabilities
relating to work, living in the
32 community, and individualized supports and
services.
33 (d)
(c) "Community developmental disability organization"
means
34 any community mental retardation
facility that is organized pursuant to
35 K.S.A. 19-4001 through 19-4015 and
amendments thereto entity selected
36 by the secretary to provide intake,
referral and case management services.
37 (e)
(d) "Community service provider" means a
community develop-
38 mental disability organization or
affiliate thereof an entity or person that
39 meets standards prescribed in rules and
regulations adopted by the sec-
40 retary relating to the provisions of
services and that contracts with a
41 community developmental disabilities
organization.
42 (f)
(e) "Developmental disability" means:
43 (1) Mental
retardation; or
2
1 (2) a
severe, chronic disability, which:
2 (A) Is
attributable to a mental or physical impairment, a combination
3 of mental and physical impairments or
a condition which has received a
4 dual diagnosis of mental retardation
and mental illness;
5 (B) is
manifest before 22 years of age;
6 (C) is
likely to continue indefinitely;
7
(D) results, in the case of a person five years of age or
older, in a
8 substantial limitation in three or
more of the following areas of major life
9 functioning: Self-care, receptive and
expressive language development
10 and use, learning and adapting, mobility,
self-direction, capacity for in-
11 dependent living and economic
self-sufficiency;
12 (E) reflects a
need for a combination and sequence of special inter-
13 disciplinary or generic care, treatment or
other services which are lifelong,
14 or extended in duration and are
individually planned and coordinated;
15 and
16 (F) does not
include individuals who are solely and severely emo-
17 tionally disturbed or seriously or
persistently mentally ill or have disabil-
18 ities solely as a result of the infirmities
of aging.
19 (g)
(f) "Institution" means state institution for the
mentally retarded
20 as defined by subsection (c) of K.S.A.
76-12b01 and amendments thereto
21 or intermediate care facility for the
mentally retarded of nine beds or
22 more as defined by subsection (a) (4) of
K.S.A. 39-923 and amendments
23 thereto.
24 (h)
(g) "Mental retardation" means substantial limitations
in present
25 functioning that is manifested during the
period from birth to age 18
26 years and is characterized by significantly
subaverage intellectual func-
27 tioning existing concurrently with deficits
in adaptive behavior including
28 related limitations in two or more of the
following applicable adaptive
29 skill areas: Communication, self-care, home
living, social skills, commu-
30 nity use, self-direction, health and
safety, functional academics, leisure
31 and work.
32 (i)
(h) "Secretary" means the secretary of social and
rehabilitation
33 services.
34 Sec.
3. K.S.A. 1999 Supp. 39-1804 is hereby amended to read as
35 follows: 39-1804. (a) Except as otherwise
specifically provided in this act
36 and subject to appropriations of federal
and state funds, the secretary,
37 after consultation with representatives of
community developmental dis-
38 ability organizations, community service
providers, families and consumer
39 advocates, shall implement and administer
the provisions of the devel-
40 opmental disabilities reform act in
accordance with the following policies.
41 Persons with developmental disabilities
shall:
42 (1) Be provided
assistance to obtain food, housing, clothing and med-
43 ical care; protection from abuse, neglect
and exploitation; and a range of
3
1 services and supports which assist in
the determination of individual
2 needs; and
3 (2) receive
assistance in determining their needs; be provided infor-
4 mation about all service options
available to meet those needs; have co-
5 ordination 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 of the provision
33 of 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.
4. K.S.A. 1999 Supp. 39-1805 is hereby amended to read as
39 follows: 39-1805. (a) In addition to
any other power and duty prescribed
40 by law, and subject to appropriations
and the provisions of the develop-
41 mental disabilities reform act, a
community developmental disability or-
42 ganization shall have the power and duty
to:
43 (a)
(1) Directly or by subcontract, serve as a single point
of application
4
1 or referral for services, and assist
all persons with a developmental disa-
2 bility 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) (2) provide either directly or by
subcontract, intake and referral
10 services to persons with a developmental
disability, including, but not
11 limited to, eligibility determination;
explanation of available services and
12 service providers; case management
services, if requested; assistance in
13 establishing new providers, if requested;
and advocacy for participation
14 in community services;
15 (c)
(3) 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)
(4) provide, directly or by subcontract, information
about affiliate
23 and referral
community services to persons with a developmental disa-
24 bility whose particular needs can be met in
the community or through
25 government; and
26 (e)
(5) ensure that affiliates
community service providers have the
27 option to review referrals and waiting
lists on a periodic basis to contact
28 potential consumers with information
concerning their services.
29 (b) In no case
shall a community developmental disability organiza-
30 tion provide treatment and care services
for persons with developmental
31 disabilities.
32 Sec.
5. K.S.A. 1999 Supp. 39-1806 is hereby amended to read as
33 follows: 39-1806. To carry out the
provisions of this act, the secretary shall
34 establish after consultation with
representatives of community develop-
35 mental disability organizations and
affiliates thereof, and, community
36 service providers, families and
consumer advocates:
37 (a) A system of
adequate and reasonable funding or reimbursement
38 for the delivery of community services
that:
39 (1) For persons
moving from institutions into the community, directs
40 funding to follow in an amount not less
than that which is required to
41 reimburse community service providers for
services as set forth in such
42 person's plan for transfer from the
institution to community services in-
43 cluding expenses of relocation and
initiation of services;
5
1
(2) consolidates federal and state funding sources;
2
(3) requires an independent, professional review of the rate
struc-
3 tures on a biennial basis resulting
in a recommendation to the legislature
4 regarding rate adjustments. Such
recommendation shall be adequate to
5 support: (A) A system of employee
compensation competitive with local
6 conditions; (B) training and
technical support to attract and retain qual-
7 ified employees; (C) a quality
assurance process which is responsive to
8 consumers' needs and which maintains
the standards of quality service;
9 (D) risk management and insurance
costs; and (E) program management
10 and coordination responsibilities;
11 (b) a system of
quality assurance based on standards set out
pre-
12 scribed in rules and regulations
adopted by the secretary which insures
13 effective service delivery, fiscal
accountability and networking coopera-
14 tion and which allows community service
providers to present evidence
15 of attainment of national accreditation or
compliance with state or federal
16 laws or rules and regulations, or both, to
indicate compliance with such
17 standards; and
18 (c) a system of
contracting that:
19 (1) Authorizes
open and equitable negotiation between contracting
20 parties or their designated agent or
agents;
21 (2) authorizes
mediation by an independent entity chosen by the par-
22 ties to the contract in the event of
contract disputes and if mediation is
23 not completed prior to the end of any
existing contract, authorizes an
24 extension of time of such existing contract
or entering into a temporary
25 contract;
26 (3) separates
the functions of client intake and service referral from
27 client treatment and care
services;
28
(4) requires achievement and maintenance of community
services
29 standards by community service
providers;
30 (4)
(5) includes compensation for community services which
meet the
31 individualized needs of persons with
developmental disabilities for com-
32 munity services; and
33 (5)
(6) requires community developmental disability
organizations to
34 contract with those
affiliates community service providers from
whom a
35 person with a developmental disability
chooses services.
36 Sec. 6. K.S.A. 1999 Supp.
39-1801, 39-1803, 39-1804, 39-1805 and
37 39-1806 are hereby repealed.
38 Sec. 7. This act shall
take effect and be in force from and after its
39 publication in the statute book.