SENATE BILL No. 491
An Act concerning the Kansas tort claims act; relating to
definitions; amending K.S.A.
2001 Supp. 75-6102 and repealing the existing section; also
repealing K.S.A. 2001 Supp.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2001 Supp.
75-6102 is hereby amended to read as
follows: 75-6102. As used in K.S.A. 75-6101 through 75-6118, and
ments thereto, unless the context clearly requires otherwise:
(a) ``State'' means the state of Kansas
and any department or branch
of state government, or any agency, authority, institution or other
(b) ``Municipality'' means any county,
township, city, school district
or other political or taxing subdivision of the state, or any
thority, institution or other instrumentality thereof.
(c) ``Governmental entity'' means state
(d) ``Employee'' means any officer,
employee, servant or member of
a board, commission, committee, division, department, branch or
of a governmental entity, including elected or appointed officials
persons acting on behalf or in service of a governmental entity in
official capacity, whether with or without compensation and a
health care provider. Employee includes any steward or racing judge
pointed pursuant to K.S.A. 74-8818, and amendments thereto,
of whether the services of such steward or racing judge are
pursuant to contract as an independent contractor, but does not
include any independent contractor under contract with a
entity except (1) employees of the United States marshal's service
gaged in the transportation of inmates on behalf of the secretary
rections, (2) a person who is an employee of a nonprofit
contractor, other than a municipality, under contract to provide
tional or vocational training to inmates in the custody of the
corrections and who is engaged in providing such service in an
under the control of the secretary of corrections provided that
ployee does not otherwise have coverage for such acts and
within the scope of their employment through a liability insurance
tract of such independent contractor; and (3) a person who is an
or volunteer of a nonprofit program, other than a municipality, who
contracted with the commissioner of juvenile justice or with
profit program that has contracted with the commissioner of
justice to provide a juvenile justice program for juvenile
offenders in a
judicial district provided that such employee or volunteer does not
erwise have coverage for such acts and omissions within the scope
employment or volunteer activities through a liability insurance
of such nonprofit program. ``Employee'' also includes an employee
indigent health care clinic. ``Employee'' also includes former
for acts and omissions within the scope of their employment during
former employment with the governmental entity.
(e) ``Community service work'' means
public or community service
performed by a person (1) as a result of a contract of diversion
into by such person as authorized by law, (2) pursuant to the
of such person by a court to a community corrections program, (3)
result of suspension of sentence or as a condition of probation
to court order, (4) in lieu of a fine imposed by court order or (5)
condition of placement ordered by a court pursuant to K.S.A.
and amendments thereto.
(f) ``Charitable health care provider''
means a person licensed by the
state board of healing arts as an exempt licensee or a federally
licensee, a person issued a limited permit by the state board of
physician's physician assistant
registered licensed by the state board
of healing arts or a health care provider as the term ``health care
is defined under K.S.A. 65-4921, and amendments thereto, who has
tered into an agreement with:
(1) The secretary of health and
environment under K.S.A. 75-6120,
and amendments thereto, who, pursuant to such agreement,
renders professional services to a person who has provided
which would reasonably lead the health care provider to make the
faith assumption that such person meets the definition of medically
digent person as defined by this section or to a person receiving
assistance from the programs operated by the department of social
rehabilitation services, and who is considered an employee of the
Kansas under K.S.A. 75-6120, and amendments thereto;
(2) the secretary of health and
environment and who, pursuant to
such agreement, gratuitously renders professional services in
children's immunization programs administered by the secretary;
(3) a local health department or indigent
health care clinic, which
renders professional services to medically indigent persons or
receiving medical assistance from the programs operated by the
ment of social and rehabilitation services gratuitously or for a
fee paid by
the local health department or indigent health care clinic to such
and who is considered an employee of the state of Kansas under
75-6120 and amendments thereto. Professional services rendered by
provider under this paragraph (3) shall be considered gratuitous
standing fees based on income eligibility guidelines charged by a
health department or indigent health care clinic and
fee paid by the local health department or indigent health care
a provider in accordance with this paragraph (3).
(g) ``Medically indigent person'' means a
person who lacks resources
to pay for medically necessary health care services and who meets
eligibility criteria for qualification as a medically indigent
lished by the secretary of health and environment under K.S.A.
and amendments thereto.
(h) ``Indigent health care clinic'' means
an outpatient medical care
clinic operated on a not-for-profit basis which has a contractual
in effect with the secretary of health and environment to provide
care services to medically indigent persons.
(i) ``Local health department'' shall
have the meaning ascribed to such
term under K.S.A. 65-241 and amendments thereto.
Sec. 2. K.S.A. 2001 Supp. 75-6102 and 75-6102a are
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 9, 2002.