[As Amended by House Committee of the Whole]

         
As Amended by House Committee
         
Session of 2000
         
HOUSE BILL No. 3042
         
By Committee on Appropriations
         
3-16
         

11             AN  ACT relating to the medicaid state plan; establishing an inter-
12             governmental transfer program; concerning nursing facilities owned
13             and operated by units of government; relating to the federal medical
14             assistance (medicaid) program; establishing an intergovernmental
15             transfer fund, an intergovernmental transfer administration fund, a
16             long-term care loan and grant fund, a senior services trust fund and,
17             a senior services fund, an HCBS programs fund, a medicaid serv-
18             ices matching fund and a special education services aid fund
19             within the state treasury; authorizing certain participation agreements,
20             loans, grants and contracts; amending K.S.A. 75-5321a and repealing
21             the existing section.
22      
23       Be it enacted by the Legislature of the State of Kansas:
24             Section  1. K.S.A. 75-5321a is hereby amended to read as follows: 75-
25       5321a. The secretary of social and rehabilitation services shall take nec-
26       essary actions to transfer the administration of certain long-term care
27       programs and services to the secretary of aging. The programs shall in-
28       clude the nursing facility services payment program, the home and com-
29       munity based nursing facility services for the frail elderly waiver program,
30       the case management for the frail elderly program and the income eligible
31       (home care) program. Excluding nursing facility programs, the programs
32       to be transferred shall not include long-term care programs for individuals
33       under the age of 65 with mental illness, mental retardation, other mental
34       disabilities or physical disabilities. All such transfers shall be made only
35       in accordance with federal grant requirements related to such programs.
36             New Sec.  2. (a) The secretary of social and rehabilitation services and
37       the secretary of aging shall take necessary actions to establish an inter-
38       governmental transfer program as a part of the nursing facility services
39       payment program within the medicaid state plan.
40             (b) In implementing the intergovernmental transfer program, the
41       secretary of aging shall disburse moneys received from the federal gov-
42       ernment for the intergovernmental transfer program and moneys trans-


2

  1       ferred from the state general fund to the intergovernmental transfer fund
  2       for the program to units of government which have entered into partic-
  3       ipation agreements with the secretary of aging and the secretary of social
  4       and rehabilitation services. The amount of moneys disbursed to the units
  5       of government from moneys transferred from the state general fund to
  6       the intergovernmental transfer fund for the program shall not exceed the
  7       amount necessary to match federal funds available to the state under the
  8       intergovernmental transfer program. The secretary of aging shall peri-
  9       odically calculate the amount of federal funds available under the pro-
10       gram according to the methodology prescribed for the intergovernmental
11       transfer program in the medicaid state plan.
12             (c) The secretary of social and rehabilitation services and the secre-
13       tary of aging are authorized to enter into intergovernmental transfer pro-
14       gram participation agreements with units of government which own and
15       operate nursing facilities. The participation agreements may permit the
16       units of government to retain a participation fee specified by the secretary
17       of aging from moneys received under the intergovernmental transfer pro-
18       gram which are otherwise required to be transferred back to the secretary
19       of aging.
20             (d)  (1) There is hereby established the intergovernmental transfer
21       fund in the state treasury which shall be administered by the secretary of
22       aging in accordance with this act. All expenditures from the intergovern-
23       mental transfer fund shall be to disburse the state match amount under
24       the intergovernmental transfer program and shall be made in accordance
25       with appropriation acts upon warrants of the director of accounts and
26       reports issued pursuant to vouchers approved by the secretary of aging
27       or the secretary's designee. Subject to the provisions of appropriation acts,
28       when the secretary of aging determines that an amount of federal med-
29       icaid moneys is available for the intergovernmental transfer program, the
30       secretary of aging shall determine the amount required as the state match
31       and shall certify that amount to the director of accounts and reports. Upon
32       receipt of each such state match certification, the director of accounts
33       and reports shall transfer the amount certified by revenue transfer from
34       the state general fund to the intergovernmental transfer fund. Upon the
35       crediting of such state match amount in the intergovernmental transfer
36       fund, the secretary of aging shall disburse the amount of federal moneys
37       and the state match amount to the units of government that have entered
38       into participation agreements under the program.
39             (2) Each unit of government receiving a disbursement under the in-
40       tergovernmental transfer program shall reimburse the amount of money
41       received, less the amount of the participation fee, to the secretary of
42       aging. Upon receipt of each amount of moneys from participating units
43       of government under the intergovernmental transfer program, the sec-


3

  1       retary of aging shall deposit the entire amount in the state treasury to the
  2       credit of the intergovernmental transfer fund. The secretary of aging shall
  3       determine the amount of each such deposit that was transferred from the
  4       state general fund to match medicaid federal funds under the intergov-
  5       ernmental transfer program and shall certify such amount to the director
  6       of accounts and reports. Upon receipt of each such certification, the di-
  7       rector of accounts and reports shall retransfer the amount certified from
  8       the intergovernmental transfer fund to the state general fund.
  9             (e) There is hereby established the intergovernmental transfer ad-
10       ministration fund in the state treasury which shall be administered by the
11       secretary of aging in accordance with this act. All expenditures from the
12       intergovernmental transfer administration fund shall be to pay the costs
13       of administering the intergovernmental transfer program and shall be
14       made in accordance with appropriation acts upon warrants of the director
15       of accounts and reports issued pursuant to vouchers approved by the
16       secretary of aging or the secretary's designee. The secretary of aging shall
17       recover the costs of administering the intergovernmental transfer pro-
18       gram from the intergovernmental transfer fund by certifying the amount
19       of such costs to the director of accounts and reports each calendar quar-
20       ter. Upon receipt of each certification of costs from the secretary of aging
21       under this subsection, the director of accounts and reports shall transfer
22       the amount certified from the intergovernmental transfer fund to the
23       intergovernmental transfer administration fund.
24             (f) After each amount of moneys is credited to the intergovernmental
25       transfer fund and the amount of the state match that had been transferred
26       from the state general fund has been transferred back to the state general
27       fund pursuant to subsection (d)(2), and after the transfer of the amount
28       certified by the secretary of aging to the intergovernmental transfer ad-
29       ministration fund pursuant to subsection (e), if any, the director of ac-
30       counts and reports shall transfer the remaining amount in the intergov-
31       ernmental transfer fund as follows:
32             (1) During the period from the effective date of this act through June
33       30, 2001, 60% of such amount shall be transferred to the senior services
34       trust fund established by section 3 and amendments thereto, 25% of such
35       amount shall be transferred to the state general fund and 15%, except
36       as otherwise provided in subsection (q), 10% of such amount shall
37       be transferred to the long-term care loan and grant fund established by
38       subsection (h), and 5% of such amount shall be transferred to the
39       HCBS programs fund established by subsection (o); and
40             (2) after June 30, 2001, 70% of such amount shall be transferred to
41       the senior services trust fund and 30%, 25% of such amount shall be
42       transferred to the state general fund medicaid services matching fund
43       established by subsection (p), and 5% of such amount shall be


4

  1       transferred to the long-term loan and grant fund.
  2             (g) There is hereby established the senior services fund in the state
  3       treasury which shall be administered by the secretary of aging in accord-
  4       ance with this act. All expenditures from the senior services fund shall be
  5       made in accordance with appropriation acts upon warrants of the director
  6       of accounts and reports issued pursuant to vouchers approved by the
  7       secretary of aging or the secretary's designee. Moneys in the senior serv-
  8       ices fund shall be used by the secretary of aging only for projects intended
  9       (1) to reduce future medicaid costs to the state, (2) to help seniors avoid
10       premature institutionalization, (3) to improve the quality of care or the
11       quality of life of seniors who are customers of long-term care programs,
12       or (4) to satisfy state matching requirements for senior service programs
13       authorized by federal law[, or (5) to provide financial assistance un-
14       der the senior pharmacy assistance program, which shall be first
15       priority for the use of moneys in the senior services fund]. Moneys
16       credited to the senior services fund from income of investments of the
17       moneys in the senior services trust fund shall not be used to create or
18       fund any entitlement program not in existence on the effective date of
19       this act.
20             (h) There is hereby established the long-term care loan and grant
21       fund in the state treasury which shall be administered by the secretary of
22       aging in accordance with this act. All expenditures from the long-term
23       care loan and grant fund shall be made in accordance with appropriation
24       acts upon warrants of the director of accounts and reports issued pursuant
25       to vouchers approved by the secretary of aging or the secretary's designee.
26       Moneys in the long-term care loan and grant fund shall be used to make
27       loans and grants under the long-term care loan and grant program
28       developed by the secretary of aging in accordance with this section.
29             (i) The secretary of aging is hereby authorized to develop and imple-
30       ment a long-term care loan and grant program in accordance with this
31       section. Subject to the provisions of this section and the provisions of
32       appropriation acts, the secretary of aging may enter into loan agreements
33       for market-rate, low-interest or no-interest, fully or partially secured or
34       unsecured loans with repayment provisions and other terms and condi-
35       tions as may be prescribed by the secretary under such program. Loans
36       under the long-term care loan and grant program may be made for the
37       following:
38             (1) Converting all or parts of some types of licensed adult care homes
39       from their existing licensure types to different licensure types to meet
40       demonstrated changing service demands in their communities;
41             (2) converting private residences to licensed homes plus facilities, as
42       defined by K.S.A. 39-923 and amendments thereto;
43             (3) converting space in rural hospitals to hospital-based long-term


5

  1       care facilities;
  2             (4) improving some types of the quality of care provided by li-
  3       censed adult care homes;
  4             (5) rural hospitals contracting for physician, physician assistant or li-
  5       censed professional nurse services; or
  6             (6) building congregate housing for seniors in Kansas cities with pop-
  7       ulations of 2,500 or less.
  8             (j) The secretary of aging may consider the following factors to pri-
  9       oritize and select loans and grants under the long-term care loan pro-
10       gram and grant programs and projects financed from the senior services
11       fund:
12             (1) Type of loan -- higher interest is preferable to lower interest and
13       more secured is preferable to less secured;
14             (2) location -- rural is preferable to urban or suburban;
15        (2) size of facility -- facilities having less than 60 beds are pref-
16       erable to facilities having 60 beds or more;
17             (3) an applicant for a loan that has applied for and has been
18       rejected by a Kansas commercial lending institution for a loan at
19       prevailing commercial rates for the same purpose is preferable to
20       an applicant for a loan that has not applied for and has not been
21       rejected by a Kansas commercial lending institution for a loan at
22       prevailing commercial rates for the same purpose;
23             (4) availability and utilization of the same type of facilities or services
24       in the proposed loan or project area;
25             (4) (5) type of facility owner or borrower -- unit of government,
26       Kansas not-for-profit, Kansas for-profit, foreign not-for-profit, foreign or-
27       ganizations, for-profit organizations, and individuals, in that order of
28       preference; and
29             (5) (6) type of research project organization -- geriatric schools or
30       programs in Kansas colleges or universities, Kansas colleges or universi-
31       ties, educational foundations, foreign colleges or universities, Kansas not-
32       for-profit organizations, Kansas for-profit organizations, foreign not-for-
33       profit organizations, foreign for-profit organizations, and individuals, in
34       that order of preference.
35             (k) All moneys received from repayments of principal and interest of
36       any loan made under this act shall be deposited in the state treasury and
37       credited to the long-term care loan fund within the state treasury and
38       used to make new loans. The repayment of a loan or of a senior services
39       fund project contract or grant may not be forgiven, in whole or in part,
40       except by an act of the legislature as authorized by law.
41        (l) The secretary of aging is hereby authorized to develop and
42       implement a long-term care grant program in accordance with this
43       section. Subject to the provisions of this section and the provisions


6

  1       of appropriation acts, the secretary of aging may make competitive
  2       matching grants under such terms and conditions as may be pre-
  3       scribed by the secretary under such program. Grants under the
  4       long-term care grant program may be made only from the amount
  5       of moneys received for interest payments under loan agreements
  6       under the long-term care loan program and credited to the long-
  7       term care loan and grant fund. Grants under the long-term care
  8       grant program may be made for the following:
  9             (1) Grants for improvements in the quality of case manage-
10       ment services under home and community-based services (HCBS)
11       programs and for improvements for adult care homes; and
12             (2) financial assurance grants for community service providers
13       under home and community-based services (HCBS) programs.
14             (l) (m) For purposes of this section, ``units of government'' and ``units
15       of government which own and operate nursing facilities'' which are eli-
16       gible to enter into intergovernmental transfer program participation
17       agreements shall be limited to cities of the first class, cities of the second
18       class, counties, hospital districts, or health care facilities and services hos-
19       pital districts which hold legal title to and are actively involved in the day-
20       to-day operations of any of the following:
21             (1) Medicaid-certified nursing facilities and nursing facilities for men-
22       tal health, as defined in K.S.A. 39-923 and amendments thereto;
23             (2) medicaid-certified long-term care facilities which are operated in
24       connection with city hospitals established under K.S.A. 13-14b01 et seq.
25       and amendments thereto or K.S.A. 14-601 et seq. and amendments
26       thereto, county hospitals established under K.S.A. 19-4601 et seq. and
27       amendments thereto, or district hospitals established under K.S.A. 80-
28       2501 et seq. and amendments thereto; or
29             (3) medicaid-certified long-term care facilities operated under au-
30       thority of K.S.A. 80-2550 et seq. and amendments thereto.
31             (m) (n) Entities eligible to apply for loans under the long-term care
32       loan program under this section shall be limited to the owners of:
33             (1) Licensed adult care homes, excluding nursing facilities for mental
34       health and intermediate care facilities for the mentally retarded, as de-
35       fined in K.S.A. 39-923 and amendments thereto;
36             (2) medicaid-certified licensed hospitals and medicaid-certified long-
37       term care facilities based in or operated in connection with licensed hos-
38       pitals as defined in K.S.A. 65-425 and amendments thereto;
39             (3) private residences which the owners will contract to convert into
40       licensed homes plus facilities, as defined in K.S.A. 39-923 and amend-
41       ments thereto, and in which the owners will reside after the conversion
42       and licensure; or
43             (4) congregate senior housing projects being built with loans in Kan-


7

  1       sas cities with a population of 2,500 or less.
  2        (o) There is hereby established the HCBS programs fund in
  3       the state treasury which shall be administered by the secretary of
  4       aging. All moneys in the HCBS programs fund shall be used to
  5       reduce the waiting list for programs and services under the home
  6       and community-based services (HCBS) programs and as otherwise
  7       provided by law. All expenditures from the HCBS programs fund
  8       shall be made in accordance with appropriation acts upon warrants
  9       of the director of accounts and reports issued pursuant to vouchers
10       approved by the secretary of aging or the secretary's designee.
11             (p) There is hereby established the medicaid services matching
12       fund in the state treasury which shall be administered by the sec-
13       retary of aging. All moneys in the medicaid services matching fund
14       shall be used to provide state matching funds for medicaid pro-
15       grams and services under the medicaid state plan. All expenditures
16       from the medicaid services matching fund shall be made in ac-
17       cordance with appropriation acts upon warrants of the director of
18       accounts and reports issued pursuant to vouchers approved by the
19       secretary of aging or the secretary's designee.
20             (q) There is hereby established the special education services
21       aid fund in the state treasury which shall be administered by the
22       department of education. All moneys in the special education serv-
23       ices aid fund shall be used for aid to school districts in accordance
24       with the special education for exceptional children act and the pro-
25       visions of appropriation acts. All expenditures from the senior serv-
26       ices fund shall be made in accordance with appropriation acts
27       upon warrants of the director of accounts and reports issued pur-
28       suant to vouchers approved as provided by law. During the period
29       from the effective date of this act through June 30, 2001, of the
30       amount of moneys that would otherwise be transferred to the state
31       general fund pursuant to subsection (f)(1), the first $14,600,000
32       shall be transferred to the special education services aid fund in-
33       stead of the state general fund.
34             New Sec.  3. (a) The board of trustees is responsible for the manage-
35       ment and investment of the senior services trust fund which is hereby
36       established in the state treasury. The board of trustees shall discharge the
37       board's duties relative to the fund for the exclusive purpose of providing
38       investment revenue for the purposes for which the fund moneys may be
39       used and defraying reasonable expenses of administering the fund. The
40       board shall invest and reinvest moneys in the fund and acquire, retain,
41       manage, including the exercise of any voting rights, and dispose of in-
42       vestments of the fund within the limitations and according to the powers,
43       duties and purposes as prescribed by this section.


8

  1             (b) Moneys in the fund shall be invested and reinvested to achieve
  2       the investment objective which is preservation of the fund to provide
  3       income and accordingly providing that the moneys are as productive as
  4       possible, subject to the standards set forth in this act. No moneys in the
  5       fund shall be invested or reinvested if the sole or primary investment
  6       objective is for economic development or social purposes or objectives.
  7             (c) In investing and reinvesting moneys in the fund and in acquiring,
  8       retaining, managing and disposing of investments of the fund, the board
  9       of trustees shall exercise the judgment, care, skill, prudence and diligence
10       under the circumstances then prevailing, which persons of prudence, dis-
11       cretion and intelligence acting in a like capacity and familiar with such
12       matters would use in the conduct of an enterprise of like character and
13       with like aims by diversifying the investments of the fund so as to mini-
14       mize the risk of large losses, unless under the circumstances it is clearly
15       prudent not to do so, and not in regard to speculation but in regard to
16       the permanent disposition of similar funds, considering the probable in-
17       come as well as the probable safety of their capital.
18             (d) In the discharge of such management and investment responsi-
19       bilities the board of trustees may contract for services of one or more
20       professional investment advisors or other consultants in the management
21       and investment of moneys in the fund and otherwise in the performance
22       of the duties of the board of trustees under this act.
23             (e) The board of trustees shall require that each person contracted
24       with under subsection (d) to provide services shall obtain commercial
25       insurance which provides for errors and omissions coverage for such per-
26       son in an amount to be specified by the board of trustees. The amount
27       of such coverage specified by the board of trustees shall be at least the
28       greater of $500,000 or 1% of the funds entrusted to such person up to a
29       maximum of $10,000,000. The board of trustees shall require a person
30       contracted with under subsection (d) to provide services give a fidelity
31       bond in a penal sum as may be fixed by law or, if not so fixed, as may be
32       fixed by the board of trustees, with corporate surety authorized to do
33       business in this state. Such persons contracted with the board of trustees
34       pursuant to subsection (d) and any persons contracted with such persons
35       to perform the functions specified in subsection (b) shall be deemed to
36       be fiduciary agents of the board of trustees in the performance of con-
37       tractual obligations.
38             (f)  (1) Subject to the objective set forth in subsection (b) and the
39       standards set forth in subsection (c), the board of trustees shall formulate
40       and adopt policies and objectives for the investment and reinvestment of
41       moneys in the fund and the acquisition, retention, management and dis-
42       position of investments of the fund. Such policies and objectives shall be
43       in writing and shall include:


9

  1             (A) Specific asset allocation standards and objectives;
  2             (B) establishment of criteria for evaluating the risk versus the poten-
  3       tial return on a particular investment; and
  4             (C) a requirement that all investment advisors, and any managers or
  5       others with similar duties and responsibilities as investment advisors, shall
  6       immediately report all instances of default on investments to the board
  7       of trustees and provide such board of trustees with recommendations and
  8       options, including, but not limited to, curing the default or withdrawal
  9       from the investment.
10             (2) The board of trustees shall review such policies and objectives,
11       make changes considered necessary or desirable and readopt such policies
12       and objectives on an annual basis.
13             (g)  (1) Except as provided in subsection (d) and this subsection, the
14       custody of money and securities of the fund shall remain in the custody
15       of the state treasurer, except that the board of trustees may arrange for
16       the custody of such money and securities as it considers advisable with
17       one or more member banks or trust companies of the federal reserve
18       system or with one or more banks in the state of Kansas, or both, to be
19       held in safekeeping by the banks or trust companies for the collection of
20       the principal and interest or other income or of the proceeds of sale.
21             (2) The state treasurer and the board of trustees shall collect the
22       principal and interest or other income of investments or the proceeds of
23       sale of securities of the fund in the custody of the state treasurer and shall
24       pay such moneys when so collected into the state treasury to the credit
25       of the fund.
26             (3) The principal and interest or other income or the proceeds of sale
27       of securities of the fund as provided in paragraph (1) of this subsection
28       shall be reported to the state treasurer, the director of accounts and re-
29       ports and the board of trustees and credited to the fund.
30             (h) All interest or other income of the investments of the moneys in
31       the fund, after payment of any management fees, shall be considered
32       income of the fund and shall be withdrawn and deposited quarterly in
33       the state treasury to the credit of the senior services fund to be used by
34       the secretary of aging for the purposes permitted by section 2 and amend-
35       ments thereto.
36             (i) As used in this section:
37             (1) ``Board of trustees'' means the board of trustees of the Kansas
38       public employees retirement system established by K.S.A. 74-4905 and
39       amendments thereto.
40             (2) ``Fiduciary'' means a person who, with respect to the fund, is a
41       person who:
42             (A) Exercises any discretionary authority with respect to administra-
43       tion of the fund;


10

  1             (B) exercises any authority to invest or manage assets of the fund or
  2       has any authority or responsibility to do so;
  3             (C) provides investment advice for a fee or other direct or indirect
  4       compensation with respect to the assets of the fund or has any authority
  5       or responsibility to do so;
  6             (D) provides actuarial, accounting, auditing, consulting, legal or other
  7       professional services for a fee or other direct or indirect compensation
  8       with respect to the fund or has any authority or responsibility to do so;
  9       or
10             (E) is a member of the board of trustees or of the staff of the board
11       of trustees.
12             (3) ``Fund'' means the senior services trust fund.
13             (4) With respect to the investment of moneys in the senior services
14       trust fund, ``purposes for which the moneys may be used'' means the
15       purposes for which the moneys in the senior services fund may be used,
16       as provided in section 2 and amendments thereto.
17             New Sec.  4. The board of trustees of the Kansas public employees
18       retirement system shall report to the governor and to the legislature on
19       the moneys credited to the senior services trust fund and investment
20       earnings thereon at least once each calendar quarter and on a monthly
21       basis upon request of the governor, the president of the senate or the
22       speaker of the house of representatives. The director of the budget and
23       the governor shall use the information in such reports in the preparation
24       of the governor's budget report under K.S.A. 75-3721 and amendments
25       thereto. 
26       Sec.  5. K.S.A. 75-5321a is hereby repealed.
27        Sec.  6. This act shall take effect and be in force from and after its
28       publication in the Kansas register.