Session of 1999
By Committee on Public Health and Welfare

  9             AN  ACT establishing the Kansas long-term care training program; pro-
10             viding for administration thereof by the secretary of commerce.
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.