Session of 1999
HOUSE BILL No. 2478
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.