Session of 2000
By Committee on Ways and Means

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) ``Community developmental disability organization'' means any
34       community mental retardation facility that is organized pursuant to K.S.A.
35       19-4001 through 19-4015 and amendments thereto.
36             (e) ``Community service provider'' means a community developmen-
37       tal disability organization or affiliate thereof an entity or person that meets
38       standards prescribed in rules and regulations adopted by the secretary
39       relating to the provisions of services.
40             (f) ``Developmental disability'' means:
41             (1) Mental retardation; or
42             (2) a severe, chronic disability, which:
43             (A) Is attributable to a mental or physical impairment, a combination


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


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


  1       community services, except in those circumstances in which the secretary
  2       determines, subject to an immediate hearing before the district court
  3       located in the county in which the person with a developmental disability
  4       resides, participation in community services is not the appropriate place-
  5       ment for such person because such person is presently likely to cause
  6       harm to self or others;
  7             (b) (2) impartially provide either directly or by subcontract, intake
  8       and referral services to persons with a developmental disability, including,
  9       but not limited to, eligibility determination; explanation of available serv-
10       ices and service providers; case management services, if requested; assis-
11       tance in establishing new providers, if requested; and advocacy for par-
12       ticipation in community services;
13             (c) (3) organize a council of community members, consumers or their
14       family members or guardians, and community service providers, com-
15       posed of a majority of consumers or their family members or guardians
16       who shall meet not less than quarterly to address systems issues, includ-
17       ing, but not limited to, planning and implementation of services; and
18       develop and implement a method by which consumer complaints, inter-
19       agency and other intrasystem disputes are resolved;
20             (d) (4) impartially provide, directly or by subcontract, information
21       about affiliate and referral community services to persons with a devel-
22       opmental disability whose particular needs can be met in the community
23       or through government; and
24             (e) (5) ensure that affiliates community service providers have the
25       option to review referrals and waiting lists on a periodic basis to contact
26       potential consumers with information concerning their services.
27             (b) In no case shall a community developmental disability organiza-
28       tion provide treatment and care services for persons with developmental
29       disabilities except (1) as provided in K.S.A. 1999 Supp. 19-4002, and
30       amendments thereto, and (2) areas of the state where no community serv-
31       ice provider is contracting to provide treatment and care services for
32       persons with developmental disabilities directly with the state.
33             (c) If a community service provider enters into a contract with the
34       state to provide treatment and care services for persons with develop-
35       mental disabilities, the board of county commissioners or the boards of
36       county commissioners of two or more counties shall implement the pro-
37       visions of the developmental disabilities reform act on or before one year
38       after the date such contract was entered into.
39             Sec.  5. K.S.A. 1999 Supp. 39-1806 is hereby amended to read as
40       follows: 39-1806. To carry out the provisions of this act, the secretary shall
41       establish after consultation with representatives of community develop-
42       mental disability organizations and affiliates thereof, and, community
43       service providers, families and consumer advocates:


  1             (a) A system of adequate and reasonable funding or reimbursement
  2       for the delivery of community services that:
  3             (1) For persons moving from institutions into the community, directs
  4       funding to follow in an amount not less than that which is required to
  5       reimburse community service providers for services as set forth in such
  6       person's plan for transfer from the institution to community services in-
  7       cluding expenses of relocation and initiation of services;
  8             (2) consolidates federal and state funding sources;
  9             (3) requires an independent, professional review of the rate struc-
10       tures on a biennial basis resulting in a recommendation to the legislature
11       regarding rate adjustments. Such recommendation shall be adequate to
12       support: (A) A system of employee compensation competitive with local
13       conditions; (B) training and technical support to attract and retain qual-
14       ified employees; (C) a quality assurance process which is responsive to
15       consumers' needs and which maintains the standards of quality service;
16       (D) risk management and insurance costs; and (E) program management
17       and coordination responsibilities;
18             (b) a system of quality assurance based on standards set out pre-
19       scribed in rules and regulations adopted by the secretary which insures
20       effective service delivery, fiscal accountability and networking coopera-
21       tion and which allows community service providers to present evidence
22       of attainment of national accreditation or compliance with state or federal
23       laws or rules and regulations, or both, to indicate compliance with such
24       standards; and
25             (c) a system of contracting that:
26             (1) Authorizes open and equitable negotiation between contracting
27       parties or their designated agent or agents;
28             (2) authorizes mediation by an independent entity chosen by the par-
29       ties to the contract in the event of contract disputes and if mediation is
30       not completed prior to the end of any existing contract, authorizes an
31       extension of time of such existing contract or entering into a temporary
32       contract;
33             (3) requires achievement and maintenance of community services
34       standards by community service providers;
35             (4) includes compensation for community services which meet the
36       individualized needs of persons with developmental disabilities for com-
37       munity services; and
38             (5) requires community developmental disability organizations to
39       contract with those affiliates community service providers from whom a
40       person with a developmental disability chooses services.
41             New Sec.  6. The board of county commissioners or the boards of
42       county commissioners of two or more counties shall implement the pro-
43       visions of this act by June 30, 2001, except as provided in subsections (b)


  1       and (c) of section 4, and amendments thereto. 
  2       Sec.  7. K.S.A. 1999 Supp. 39-1801, 39-1803, 39-1804, 39-1805 and
  3       39-1806 are hereby repealed.
  4        Sec.  8. This act shall take effect and be in force from and after its
  5       publication in the statute book.