The Kansas 2002 Legislative
Session: Key Bills
Revised July 1, 2002
LEGISLATION PROPOSED BY SRS
HB 2722 - Estate Recovery, Financial Information Access:
Allows SRS to request in writing financial records of public assistance applicants or recipients. A person who applies for, or receives assistance would be deemed to have consented to the release, and financial institutions responding to those requests would be immune from suit by any account holder for the disclosure. The requested information would be used for more efficient processing of state recovery claims to obtain reimbursement from the estates of individuals who have received services paid for from public funds. Also introduced in the Senate as SB 510. (Dead)
HB 2773 - Access to Criminal History:
Contains statutory changes to add the State Security Hospital to the definition of a criminal justice agency. The bill would allow access to the Kansas Bureau of Investigation’s criminal history record information and to the federal National Crime Information Center records. Also introduced in the Senate as SB 496. (Dead)
HB 2774 - Sexual Predator Treatment Program, Conditions for Release:
Allows certain extremely ill or physically or mentally incapacitated persons to be considered for transfer out of the sexual predator treatment program at the Larned State Hospital to a more appropriate setting. Also introduced in the Senate as SB 495. (Dead)
HB 2775 - Estate Recovery, Lien Authority:
Designed to strengthen the language in current statutes to help simplify the process for recovering public paid medical expenses from a recipient’s estate. The bill would impose a lien on the real property of a recipient of medical assistance. The lien would be imposed primarily on medical assistance recipients who have been in long-term care for one year or more. Also introduced in the Senate as SB 497. (Dead)
SB 421 - Parental Financial Participation:
As introduced, this proposal would have given the Secretary of SRS statutory authority to charge parents a fee for services provided to their children. Under federal program rules, the agency would have been able to actively pursue collection of the required fees, but would not have been authorized to deny services if the fees were not paid. The proviso which was added as an alternative in SB 363 (the Omnibus Bill), allows the Secretary to assess voluntary** fees to parents of children receiving services from the agency. In addition, it directs that the Secretary not charge fees for families with incomes less than 200% of the federal poverty level, waive the fees in hardship circumstances, fix the fees based on recommendations from a stakeholder and family working group, and report back to the 2003 Legislature on the status of the program. Also introduced in the House as HB 2997. (Dead)
** The use of the term "voluntary" in the above Bill Summary is not correct and not in keeping with the language in the Legislative Proviso that was finally passed. The Proviso did make it clear that children cannot be denied service if their parents fail to pay the fee, but in no way is the fee voluntary. SRS has authority to pursue collection of unpaid fees, including pursuing payment through legal action, if necessary.
This inaccuracy on the website was discovered on July 23, 2003 and this explanation was entered on this page of the website on July 24, 2003." We regret any inconvenience or misunderstanding this may have caused."
H Sub Sub SB 422 - Medicaid Pharmacy Management:
As introduced, this proposal included several provisions intended to give SRS more flexibility to manage the Medicaid Pharmacy Program. As passed, this bill also includes provisions for pharmacy program management that were originally introduced in SB 603. The final form of the bill includes provisions that require the agency to work through a committee to establish a preferred formulary (list of drugs to be prescribed) that takes cost into account when more than one drug is available, and provides for physician override of prior authorization for one year. It also reconstitutes the drug utilization review board, mandates the use of generics when available, and provides for an expedited regulatory review process to list drugs for prior authorization. Also introduced in the House as HB 2998. Signed by Governor 5/29/02.
SB 509 - Additions to Unclassified List:
As introduced, this proposal would have allowed the Secretary of SRS to add certain health care professionals at SRS facilities to the unclassified service as needed to provide flexibility in hiring and retaining staff in highly competitive regional markets. As passed, the bill authorizes the Governor to modify the plan for fiscal year 2003 to provide for a recruitment, hiring, and retention incentive package by executive directive, which may include salary bonus payments, for physician assistants, advanced registered nurse practitioners, physician assistants, physical therapists, and occupational therapists at SRS facilities and registered nurses at the state veterans’ homes. It also requires the director of personnel services to conduct a classification and job rate study of all health care professional and paraprofessional jobs and job classes. The Department of Administration is required to provide the results of the rate study to the legislative budget committee during the 2002 legislative interim and to the appropriations and ways and means committees at the beginning of the 2003 Legislative Session. As passed, SB 509 also includes the provisions of HB 3014, which was amended to allow state agencies to lay off or furlough state classified employees if the director of the budget certifies that the ending balance in the state general fund for fiscal year 2003 will fall below $100 million. Also introduced in the House as HB 2780. Signed by Governor 5/29/02.
Sub SB 513 - Estate Recovery, Funeral Balances:
Duplicate of HB 2762. Sub. For SB 513 provides a mechanism for the Secretary of Social and Rehabilitation Services to collect unexpended funds from a prearranged burial agreement to reimburse the state for medical assistance provided to the deceased or the deceased surviving spouse of a person who has received medical assistance. This bill requires a recipient of medical assistance upon entering into a prearranged burial agreement, funeral agreement, or insurance agreement to fund burial services to notify the Secretary. It also provides for notification of the funeral home that the person is on assistance. The bill does not limit the type of burial service a person chooses, but does provide for payment of excess funds to the Secretary in the amount of medical assistance provided. Passed as amended then signed by Governor 5/13/02.
SB 618 - Issuance of Bonds for State Security Hospital:
As amended, allows appropriations from the State Institutions Building Fund (SIBF) to the Department of Social and Rehabilitation Services to pay the debt service on bonds issued for the construction of a new state security hospital at Larned State Hospital in Larned, Kansas. Passed both houses and signed by Governor 5/17/02.
OTHER BILLS OF INTEREST THAT PASSED
Sub HB 2469 - Obtaining a Guardian or Conservator:
Revises and recodifies the Kansas Guardianship and Conservatorship laws. The title of the new enactment is "the Kansas Act for Obtaining a Guardian or Conservator." The bill provides a major overhaul of the procedures for obtaining a guardian or conservator, and of their duties and responsibilities once they are appointed. Signed by Governor 5/16/02.
HB 2575 - State Council on Developmental Disabilities:
Amends statutes relating to the State Council on Developmental Disabilities to comply with federal statutory requirements by increasing the membership from 15 to 18 persons and changing its composition. The bill Includes language from SB 557 which clarifies the way the Department of Social and Rehabilitation Services (SRS) uses funds for community developmental disability services that are obtained by seeking additional federal matching funds for existing state and local funds. The bill allows new federal revenues to increase reimbursement rates for day, residential, and other support services, as opposed to non-specialized tier reimbursement rates. Signed by Governor 5/29/02.
Sub HB 2673 – Children in Need of Care:
This is a technical change which amends the law regarding children in need of care by changing the definition of sexual abuse. Under the bill the phrase “regardless of the age of the child” is deleted. As a result, that aspect of the definition will be governed by the Criminal Code. Signed by Governor 4/5/02.
HB 2719 - State Purchasing Statutes:
As introduced, this bill included a number of provisions intended to diminish state agencies' use of the noncompetitive bid process. As passed, it exempts interagency contracts and certain other types of purchases from the additional requirements that were imposed. It will require agencies to post all noncompetitive bids over $100,000 on the internet (on the Division of Purchases' web site) for at least seven days. If any potential vendor protests during that period, the Division of Purchases will be required to proceed with competitive purchase procedures. Vetoed by Governor 5/31/02.
HB 2764 – Senior Care Act:
This consolidates state funded programs for seniors under the Senior Care Act, as requested by the 2001 Legislature. The bill also changes the way the Department on Aging (DOA) allocates funds to area agencies on aging. The changes allow the DOA to allocate funds through contract agreements, as opposed to grants based on an accepted program plan. The set match rate for funding is eliminated, and the use of a formula and match rates adopted by the secretary in the DOA rules and regulations is added. A maintenance of effort requirement is set at the FY 2002 level, with a set match rate, as well as a mechanism to give incentives to areas that contribute more than their maintenance of effort. Finally, the application of a sliding fee scale to all clients is added. Signed by Governor 4/15/02.
Sub HB 2872 - Workforce Development Loan Program:
The Board of Regents may establish a list of education programs in which an applicant must enroll to be eligible for a loan. Prior to establishing the eligible program list, the Board is to consult with the Secretaries of the Department of Human Resources, Department of Social and Rehabilitation Services, and the Department of Commerce and Housing. Priority for the loans would be given to those with the greatest financial need, with the highest priority given to financially needy applicants who were in foster care until the applicant’s 18th birthday or were released from foster care prior to their 18th birthday after having graduated from high school or completing their GED while in foster care. Special preference will also be given to residents who are drawing unemployment compensation, who have been laid off from employment within the last six months, or for workers deemed eligible for North American Free Trade Agreement Transition Assistance. Last minute changes in the conference committee added language from HB 2956 which establishes tuition “waivers” for foster care children. SRS is required to transfer funds to pay the tuition for eligible students. Signed by Governor 5/16/02.
HB 2933 - Drug Screening Program for Certain State Officers and Employees:
Expands the Kansas drug screening program. Drug screening covers two types of testing. The first is for pre-employment purposes for safety sensitive positions. The second type of drug testing is based on reasonable suspicion. The bill would expand those employees who could be tested under reasonable suspicion to include the following: All employees of institutions of mental health; Employees of the Kansas State School for the Blind; Employees of the Kansas State School for the Deaf; Employees of the State Veterans Home operated by the Kansas Commission on Veterans Affairs. Signed by Governor 5/16/02.
SB 39 – Tax Bill:
This bill raises $252.7 million in FY 2003 and $276 million in 2004, from a combination of sources including cigarette taxes, corporate franchise taxes and custom software taxes, the restoration of inheritance tax for Class C heirs, and a sales tax increase. It also includes offsetting increases in the Earned Income Tax Credit, a food sales tax rebate, and several business credits and reductions. Signed by Governor 5/30/02.
SB 363 – Omnibus Bill:
Appropriations bill for the fiscal years ending June 30, 2002, and June 30, 2003; authorizing certain transfers and fees, imposing certain restrictions and limitations and directing or authorizing certain receipts, disbursements, capital improvements and acts incidental to the foregoing. Signed by Governor 5/31/02 except line item veto: Sec, 2(b), 5(a), 5(b), 6(j), 6(k), 12, 20(e), 26, 28, 38 & portions of Sec.4(a), 6(a), 20(a).
SB 429 – Employee Recognition Program:
This establishes a statewide employee award and recognition program that would allow state employees to be compensated monetarily or non-monetarily for work accomplishments, meritorious service, innovations, volunteer work, and length of service. The conference committee also added some provisions regarding employee suggestions that would allow an employee to receive an award in the amount of 10% of the first year's documented savings of an implemented suggestion up to a maximum of $37,500. The agency would get 10% for its KSIP fund and the remainder of the savings would probably go to the SGF. DPS will be sending out additional information regarding this bill sometime in the near future. Signed by Governor 5/17/02.
Sub SB 517 – Mega Appropriations Bill Including Claims Against the State:
As amended, authorizes expenditures from the State General Fund and various special revenue funds for the payment of specific claims against the State of Kansas. Agencies affected by the bill include: the Department of Revenue; the Kansas State Fair; the Kansas Sentencing Commission; Lansing Correctional Facility; El Dorado Correctional Facility; the Department of Administration; and the Kansas Legislature. Signed by Governor 5/21/02 except line item veto: Sec.120(c), 141(l) & portion 88(a),157(a).
SCR 1614 – Long-Term Care Insurance:
As amended, urges the Secretary of Aging and the Department of Social and Rehabilitation Services (SRS) to begin an education and awareness campaign encouraging younger Kansans to invest in long-term care insurance at an age when it is affordable. The resolution also encourages the Secretary of SRS to aggressively pursue a five-year look back period for capturing disqualifying transfers for Medicaid eligibility and report back to the 2003 Legislature.
OTHER BILLS OF INTEREST THAT DID NOT PASS
S Sub HB 2230 - Child Welfare, Truancy:
As originally introduced, this was a drivers’ licenses bill, but the Senate Judiciary committee substituted a bill amending the Kansas Code for Care of Children to expand the dispositional options of a judge when dealing with violations of the compulsory education or truancy laws. The judiciary conference committee gutted those provisions and inserted the contents of SB 399. As passed, this bill provides for an attorney to represent a child in addition to the guardian ad litem, when the guardian ad litem and the child differ on the determination of the child’s best interest. (Dead)
HB 2907 - Foster Parents:
Concerns children in need of care. The bill amends the current statute to provide that a foster parent or foster parents of the child shall be considered interested parties. The status as an interested party pursuant to the bill would remain in effect while the child is in placement in the foster parent’s home and shall not terminate until: (1) the child is successfully placed in another foster home; (2) the child is successfully adopted; or (3) the child is successfully reintegrated into the natural home, after care services are completed, and the case is terminated. The House Committee amended the bill to delete language that provided that the status as an interested party could not be terminated at any time by the court. (Dead)
HB 2908 – Concerning Rights of Foster Parents:
Establishes a foster parents bill of rights. (Dead)
HB 2945 – Children's Advocate and Oversight of Foster Care and Kansas Payment Center:
As amended by House Committee, amends various of the statutes in the Kansas Code for Care of Children and establishes a child advocate. (Dead)
HB 2956 - Tuition Waivers for Foster Care:
Establish a tuition and fee waiver program for students who are in the custody of the Department of Social and Rehabilitation Services (SRS) when they reach 18 years of age and who enroll in a public postsecondary institution in Kansas within two years of the time they graduate from a high school or satisfy the requirements for a general educational development (GED) certificate. While this bill is dead, the substantive pieces were passed in HB 2872. (Dead)
SB 530 - Employment After Retirement:
As amended, would exempt licensed nurses who return to work at certain state institutions from a statutory $15,000 limit on salary earnings if retired from KPERS and returning to work for a state agency. The bill would allow nurses who retire or have retired under KPERS to return to work for state institutions under the Department of Social and Rehabilitation Services or the Veterans Commission without a post-retirement restriction on how much they may earn annually. (Dead)
SB 557 - Community Developmental Disability Services Federal Financial Participation:
Would change the way the Department of Social and Rehabilitation Services (SRS) uses funds for community developmental disability services that are obtained by seeking additional federal matching funds for existing state and local funds. The bill would change current law to allow new federal revenues to increase reimbursement rates for day, residential, and other support services, as opposed to non-specialized tier reimbursement rates. (Dead)
SB 559 - Drivers Licenses/SSN's:
Amends the Kansas driver’s license application law and the identification card law to require added identity proof, raises the fee charged for the photograph for a driver’s license and identification cards. The bill also contained language about biometric identifiers and the use of Social Security numbers. Language added to SB392. (Dead)
SB 644 - Medicaid Reimbursement (Boren Amendment):
As amended, removes language from KSA 39-708c that reflected the Boren Amendment in federal law that was repealed in 1997. (Dead)
SB 656 - Senior Pharmacy Plus Program:
As amended, the bill would have created the Senior Pharmacy Plus Act, to provide financial assistance to eligible Kansas residents for the purchase of prescription drugs through the Department on Aging. (Dead)