Session of 2000
By Legislative Post Audit Committee

10             AN  ACT concerning the developmental disabilities reform act; relating
11             to intake and service referral functions and treatment and care service
12             functions; amending K.S.A. 1999 Supp. 39-1801, 39-1803, 39-1804,
13             39-1805 and 39-1806 and repealing the existing sections.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 39-1801 is hereby amended to read as
17       follows: 39-1801. The provisions of K.S.A. 1999 Supp. 39-1801 through
18       39-1810 and amendments thereto shall be known and may be cited as the
19       developmental disabilities reform act.
20             Sec.  2. K.S.A. 1999 Supp. 39-1803 is hereby amended to read as
21       follows: 39-1803. As used in the developmental disabilities reform act:
22             (a) "Adaptive behavior" means the effectiveness or degree with which
23       an individual meets the standards of personal independence and social
24       responsibility expected of that person's age, cultural group and
25       community.
26             (b) "Affiliate" means an entity or person that meets standards set out
27       in rules and regulations adopted by the secretary relating to the provision
28       of services and that contracts with a community developmental disabilities
29       organization.
30             (c) "Community services" means services provided to meet the needs
31       of persons with developmental disabilities relating to work, living in the
32       community, and individualized supports and services.
33             (d) (c) "Community developmental disability organization" means
34       any community mental retardation facility that is organized pursuant to
35       K.S.A. 19-4001 through 19-4015 and amendments thereto entity selected
36       by the secretary to provide intake, referral and case management services.
37             (e) (d) "Community service provider" means a community develop-
38       mental disability organization or affiliate thereof an entity or person that
39       meets standards prescribed in rules and regulations adopted by the sec-
40       retary relating to the provisions of services and that contracts with a
41       community developmental disabilities organization.
42             (f) (e) "Developmental disability" means:
43             (1) Mental retardation; or


  1             (2) a severe, chronic disability, which:
  2             (A) Is attributable to a mental or physical impairment, a combination
  3       of mental and physical impairments or a condition which has received a
  4       dual diagnosis of mental retardation and mental illness;
  5             (B) is manifest before 22 years of age;
  6             (C) is likely to continue indefinitely;
  7             (D) results, in the case of a person five years of age or older, in a
  8       substantial limitation in three or more of the following areas of major life
  9       functioning: Self-care, receptive and expressive language development
10       and use, learning and adapting, mobility, self-direction, capacity for in-
11       dependent living and economic self-sufficiency;
12             (E) reflects a need for a combination and sequence of special inter-
13       disciplinary or generic care, treatment or other services which are lifelong,
14       or extended in duration and are individually planned and coordinated;
15       and
16             (F) does not include individuals who are solely and severely emo-
17       tionally disturbed or seriously or persistently mentally ill or have disabil-
18       ities solely as a result of the infirmities of aging.
19             (g) (f) "Institution" means state institution for the mentally retarded
20       as defined by subsection (c) of K.S.A. 76-12b01 and amendments thereto
21       or intermediate care facility for the mentally retarded of nine beds or
22       more as defined by subsection (a) (4) of K.S.A. 39-923 and amendments
23       thereto.
24             (h) (g) "Mental retardation" means substantial limitations in present
25       functioning that is manifested during the period from birth to age 18
26       years and is characterized by significantly subaverage intellectual func-
27       tioning existing concurrently with deficits in adaptive behavior including
28       related limitations in two or more of the following applicable adaptive
29       skill areas: Communication, self-care, home living, social skills, commu-
30       nity use, self-direction, health and safety, functional academics, leisure
31       and work.
32             (i) (h) "Secretary" means the secretary of social and rehabilitation
33       services.
34             Sec.  3. K.S.A. 1999 Supp. 39-1804 is hereby amended to read as
35       follows: 39-1804. (a) Except as otherwise specifically provided in this act
36       and subject to appropriations of federal and state funds, the secretary,
37       after consultation with representatives of community developmental dis-
38       ability organizations, community service providers, families and consumer
39       advocates, shall implement and administer the provisions of the devel-
40       opmental disabilities reform act in accordance with the following policies.
41       Persons with developmental disabilities shall:
42             (1) Be provided assistance to obtain food, housing, clothing and med-
43       ical care; protection from abuse, neglect and exploitation; and a range of


  1       services and supports which assist in the determination of individual
  2       needs; and
  3             (2) receive assistance in determining their needs; be provided infor-
  4       mation about all service options available to meet those needs; have co-
  5       ordination of services delivered; be assisted and supported in living with
  6       their families, or independently; be assisted in finding transportation to
  7       support access to the community; and receive individually planned ha-
  8       bilitation, education, training, employment and recreation subject to sup-
  9       ports and services available in the community of their choice.
10             (b) To accomplish the policies set forth in subsection (a), the secre-
11       tary, subject to the provisions of appropriation acts, shall annually propose
12       and implement a plan including, but not limited to, financing thereof
13       which shall: (1) Provide for an organized network of community services
14       for persons with developmental disabilities; (2) maximize the availability
15       of federal resources to supplement state and local funding for such sys-
16       tems; and (3) reduce reliance on separate, segregated settings in institu-
17       tions or the community for persons with developmental disabilities.
18             (c) The secretary shall report to the legislature the number of persons
19       with developmental disabilities eligible to receive community services and
20       shall make a progress report on the implementation of the annual plans
21       and the progress made to accomplish a comprehensive community serv-
22       ices system for persons with developmental disabilities.
23             (d) The secretary shall prepare and submit budget estimates for the
24       department of social and rehabilitation services to the division of the
25       budget and the legislature and shall establish and implement policies and
26       procedures within the programs and activities of the department so that
27       funds for state-level programs and activities for persons who are devel-
28       opmentally disabled are allocated between services delivered in institu-
29       tions and community services.
30             (e) Subject to the provisions of this act and appropriation acts, the
31       secretary shall administer and disburse funds to each community devel-
32       opmental disability organization for the coordination and of the provision
33       of community services.
34             (f) The secretary shall establish procedures and systems to evaluate
35       the results and outcomes of the implementation of this act to assure the
36       attainment of maximum quality and efficient delivery of community
37       services.
38             Sec.  4. K.S.A. 1999 Supp. 39-1805 is hereby amended to read as
39       follows: 39-1805. (a) In addition to any other power and duty prescribed
40       by law, and subject to appropriations and the provisions of the develop-
41       mental disabilities reform act, a community developmental disability or-
42       ganization shall have the power and duty to:
43             (a) (1) Directly or by subcontract, serve as a single point of application


  1       or referral for services, and assist all persons with a developmental disa-
  2       bility to have access to and an opportunity to participate in community
  3       services, except in those circumstances in which the secretary determines,
  4       subject to an immediate hearing before the district court located in the
  5       county in which the person with a developmental disability resides, par-
  6       ticipation in community services is not the appropriate placement for such
  7       person because such person is presently likely to cause harm to self or
  8       others;
  9             (b) (2) provide either directly or by subcontract, intake and referral
10       services to persons with a developmental disability, including, but not
11       limited to, eligibility determination; explanation of available services and
12       service providers; case management services, if requested; assistance in
13       establishing new providers, if requested; and advocacy for participation
14       in community services;
15             (c) (3) organize a council of community members, consumers or their
16       family members or guardians, and community service providers, com-
17       posed of a majority of consumers or their family members or guardians
18       who shall meet not less than quarterly to address systems issues, includ-
19       ing, but not limited to, planning and implementation of services; and
20       develop and implement a method by which consumer complaints, inter-
21       agency and other intrasystem disputes are resolved;
22             (d) (4) provide, directly or by subcontract, information about affiliate
23       and referral community services to persons with a developmental disa-
24       bility whose particular needs can be met in the community or through
25       government; and
26             (e) (5) ensure that affiliates community service providers have the
27       option to review referrals and waiting lists on a periodic basis to contact
28       potential consumers with information concerning their services.
29             (b) In no case shall a community developmental disability organiza-
30       tion provide treatment and care services for persons with developmental
31       disabilities.
32             Sec.  5. K.S.A. 1999 Supp. 39-1806 is hereby amended to read as
33       follows: 39-1806. To carry out the provisions of this act, the secretary shall
34       establish after consultation with representatives of community develop-
35       mental disability organizations and affiliates thereof, and, community
36       service providers, families and consumer advocates:
37             (a) A system of adequate and reasonable funding or reimbursement
38       for the delivery of community services that:
39             (1) For persons moving from institutions into the community, directs
40       funding to follow in an amount not less than that which is required to
41       reimburse community service providers for services as set forth in such
42       person's plan for transfer from the institution to community services in-
43       cluding expenses of relocation and initiation of services;


  1             (2) consolidates federal and state funding sources;
  2             (3) requires an independent, professional review of the rate struc-
  3       tures on a biennial basis resulting in a recommendation to the legislature
  4       regarding rate adjustments. Such recommendation shall be adequate to
  5       support: (A) A system of employee compensation competitive with local
  6       conditions; (B) training and technical support to attract and retain qual-
  7       ified employees; (C) a quality assurance process which is responsive to
  8       consumers' needs and which maintains the standards of quality service;
  9       (D) risk management and insurance costs; and (E) program management
10       and coordination responsibilities;
11             (b) a system of quality assurance based on standards set out pre-
12       scribed in rules and regulations adopted by the secretary which insures
13       effective service delivery, fiscal accountability and networking coopera-
14       tion and which allows community service providers to present evidence
15       of attainment of national accreditation or compliance with state or federal
16       laws or rules and regulations, or both, to indicate compliance with such
17       standards; and
18             (c) a system of contracting that:
19             (1) Authorizes open and equitable negotiation between contracting
20       parties or their designated agent or agents;
21             (2) authorizes mediation by an independent entity chosen by the par-
22       ties to the contract in the event of contract disputes and if mediation is
23       not completed prior to the end of any existing contract, authorizes an
24       extension of time of such existing contract or entering into a temporary
25       contract;
26             (3) separates the functions of client intake and service referral from
27       client treatment and care services;
28             (4) requires achievement and maintenance of community services
29       standards by community service providers;
30             (4) (5) includes compensation for community services which meet the
31       individualized needs of persons with developmental disabilities for com-
32       munity services; and
33             (5) (6) requires community developmental disability organizations to
34       contract with those affiliates community service providers from whom a
35       person with a developmental disability chooses services. 
36       Sec.  6. K.S.A. 1999 Supp. 39-1801, 39-1803, 39-1804, 39-1805 and
37       39-1806 are hereby repealed.
38        Sec.  7. This act shall take effect and be in force from and after its
39       publication in the statute book.