418             1997 Session Laws of Kansas             Ch. 117

An Act relating to cost reimbursement for necessary food treatment products; purchasing
food treatment products authorized; amending K.S.A. 1996 Supp. 65-180 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 65-180 is hereby amended to read as
follows: 65-180. The secretary of health and environment shall:

(a) Institute and carry on an intensive educational program among
physicians, hospitals, public health nurses and the public concerning con-
genital hypothyroidism, galactosemia, phenylketonuria and other genetic
diseases detectable with the same specimen. This educational program
shall include information about the nature of such conditions and exam-
inations for the detection thereof in early infancy in order that measures
may be taken to prevent the mental retardation or morbidity resulting
from such conditions.

(b) Provide recognized screening tests for phenylketonuria, galacto-
semia, hypothyroidism and such other diseases as may be appropriately
detected with the same specimen. The initial laboratory screening tests
for these diseases shall be performed by the department of health and
environment for all infants born in the state. Such services shall be per-
formed without charge.

(c) Provide a follow-up program by providing test results and other
information to identified physicians; locate infants with abnormal new-
born screening test results; with parental consent, monitor infants to as-
sure appropriate testing to either confirm or not confirm the disease sug-
gested by the screening test results; with parental consent, monitor
therapy and treatment for infants with confirmed diagnosis of congenital
hypothyroidism, galactosemia, phenylketonuria or other genetic diseases
being screened under this statute; and establish ongoing education and
support activities for individuals with confirmed diagnosis of congenital
hypothyroidism, galactosemia, phenylketonuria and other genetic dis-
eases being screened under this statute and for the families of such in-
dividuals.

(d) Maintain a registry of cases including information of importance
for the purpose of follow-up services to prevent mental retardation or
morbidity.

(e) Provide the necessary treatment product for diagnosed cases for
as long as medically indicated, when the product is not available through
other state agencies. In addition to diagnosed cases under this section,
diagnosed cases of maple syrup urine disease shall be included as a di-
agnosed case under this subsection.

(f) (1) Except for treatment products provided under subsection (e),
if the medically necessary food treatment product for diagnosed cases

Ch. 117             1997 Session Laws of Kansas             419

must be purchased, the purchaser shall be reimbursed by the department
of health and environment for costs incurred up to $1,500 per year per
diagnosed child age 18 or younger at 100% of the product cost upon
submission of a receipt of purchase identifying the company from which
the product was purchased. For a purchaser to be eligible for reimburse-
ment under this subsection (f)(1), the applicable income of the person or
persons who have legal responsibility for the diagnosed child shall not
exceed 300% of the poverty level established under the most recent pov-
erty guidelines issued by the federal department of health and human
services.

(2) As an option to reimbursement authorized under subsection (f)(1),
the department of health and environment may purchase food treatment
products for distribution to diagnosed children in an amount not to exceed
$1,500 per year per diagnosed child age 18 or younger. For a diagnosed
child to be eligible for the distribution of food treatment products under
this subsection (f)(2), the applicable income of the person or persons who
have legal responsibility for the diagnosed child shall not exceed 300% of
the poverty level established under the most recent poverty guidelines
issued by the federal department of health and human services.

(3) In addition to diagnosed cases under this section, diagnosed cases
of maple syrup urine disease shall be included as a diagnosed case under
this subsection (f).

Sec. 2. K.S.A. 1996 Supp. 65-180 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 22, 1997.