Session of 1999
By Representative Welshimer

  9             AN  ACT concerning children; relating to responsibility of parents or
10             guardians; medical care, restrictions; repayment to secretary of social
11             and rehabilitation services, limitations.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. Notwithstanding K.S.A. 38-1512, 38-1513, 39-718b or 39-
15       719a and amendments thereto or any other law to the contrary, when a
16       child is in the custody of the secretary of social and rehabilitation services
17       and the secretary determines that hospital, medical, surgical, mental or
18       dental care or treatment is necessary for the child, and the child's parent,
19       parents or guardian covers such child under a medical or accident and
20       health insurance policy, health maintenance organization or preferred
21       provider organization that has a primary care physician or approved phy-
22       sician or provider provision that requires such physician's or provider's
23       approval or referral for services, the secretary shall obtain such physician's
24       or provider's approval or referral for services before obtaining such care
25       for the child. The secretary must obtain consent of the child's parent,
26       parents or guardian to obtain such care for the child without obtaining
27       such physician's or provider's approval or referral for services.
28             Sec.  2. Notwithstanding any law to the contrary, if a child in the
29       custody of the secretary is returned to the child's parent, parents or guard-
30       ian and such child has not been provided the services that the secretary
31       had determined that the child needed, the parent, parents or guardian is
32       not liable to repay to the secretary any costs or assistance expended on
33       the child's behalf by the secretary that would otherwise be required by
34       law. The secretary shall have no power or authority to file a civil action
35       in the name of the secretary for repayment of the costs or assistance in
36       such case.
37        Sec.  3. This act shall take effect and be in force from and after its
38       publication in the statute book.