Session of 1999
By Committee on Appropriations

  9             AN  ACT concerning the Kansas department of health and environment;
10             relating to establishment of a smoking cessation program.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) As used in this act:
14             (1) "Approved treatment program" means a smoking cessation pro-
15       gram which has been approved by the secretary and which is supervised
16       by a physician licensed to practice medicine and surgery, consists of con-
17       secutive weekly counseling programs not to exceed 10 consecutive weeks
18       in one calendar year, and provides treatment programs including coun-
19       seling and dispensing of prescription drugs;
20             (2) "secretary" means the secretary of health and environment.
21             (b) Subject to appropriations therefor, including appropriations for
22       this purpose from moneys received by the state pursuant to the tobacco
23       litigation settlement agreement entered into regarding the litigation
24       against tobacco industry companies and related entities, the secretary
25       shall establish a smoking cessation program.
26             (c) The secretary shall solicit bids and proposals from licensed hos-
27       pitals, health clinics, physicians and other health care providers to offer
28       approved treatment programs.
29             (d) The secretary shall adopt rules and regulations prescribing pro-
30       cedures for review and approval of treatment programs.
31             (e) Only persons who have an individual income at or below 300% of
32       federal poverty guidelines or a member of a family in which such family
33       has an income at or below 300% of federal poverty guidelines shall be
34       eligible to participate in an approved treatment program.
35             (f) Each person applying to enter an approved treatment program
36       shall pay a $25 fee for an evaluation to enter an approved treatment
37       program. Such fee shall be retained by the entity administering the ap-
38       proved treatment program. The secretary shall adopt rules and regula-
39       tions prescribing the rate of reimbursement paid for the costs of approved
40       treatment programs based on a uniform fee per patient and for the costs
41       of prescription drugs prescribed pursuant to state law to patients partic-
42       ipating in an approved treatment program.
43             (g) Each entity administering an approved treatment program shall

HB 2523


  1       report annually to the secretary regarding the results of outcomes and
  2       follow up on individuals who have received treatment. The secretary shall
  3       report on the smoking cessation program to the Kansas legislature on or
  4       before the first day of the regular session of the legislature in 2000, in
  5       2001, 2002 and 2003.
  6             (h) The provisions of the section shall expire on June 30, 2003. 
  7        Sec.  2. This act shall take effect and be in force from and after its
  8       publication in the statute book.