History: L. 1974, ch. 245, § 1; L. 1975, ch. 336, § 1; L. 1975, ch. 337, § 1; L. 1977, ch. 103, § 5; L. 1986, ch. 245, § 6; Repealed, L. 1987, ch. 249, § 13; July 1.
History: L. 1974, ch. 245, § 2; L. 1986, ch. 245, § 7; Repealed, L. 1987, ch. 249, § 13; July 1.
History: L. 1974, ch. 245, §§ 3 to 5; L. 1975, ch. 338, §§ 1 to 3; L. 1986, ch. 245, §§ 8 to 10; Repealed, L. 1987, ch. 249, § 13; July 1.
History: L. 1974, ch. 245, § 6; L. 1975, ch. 428, § 2; L. 1975, ch. 338, § 4; L. 1986, ch. 245, § 11; Repealed, L. 1987, ch. 249, § 13; July 1.
History: L. 1974, ch. 245, §§ 7, 8; L. 1975, ch. 338, §§ 5, 6; L. 1986, ch. 245, §§ 12, 13; Repealed, L. 1987, ch. 249, § 13; July 1.
History: L. 1986, ch. 245, § 1; L. 1987, ch. 250, § 1; July 1.
(b) "Secretary" means secretary of social and rehabilitation services.
History: L. 1986, ch. 245, § 2; July 1.
(b) Subject to the provisions of appropriations acts and the provisions of K.S.A. 65-4414 and amendments thereto, the secretary shall make grants to community mental retardation facilities based on full-time equivalent clients served and per diem amounts per client as provided in this section. The secretary, in accordance with the provisions of this section, shall adopt rules and regulations (1) defining full-time equivalent clients and prescribing the method of computing full-time equivalent clients and (2) establishing statewide per diem amounts per client for the purposes of determining grants to community mental retardation facilities. A client accepted for a program by a facility on and after July 1, 1987, shall constitute a full-time equivalent client only if the client was accepted by the facility on a first-come, first-serve basis in order of the time at which an application for admission was made to such facility on behalf of the client, except that a client accepted for a program by a facility on other than a first-come, first-serve basis because of a family crisis occasioned by family circumstances shall constitute a full-time equivalent client. The secretary shall adopt rules and regulations to define the parameters for agency boards of directors to follow in identifying "family crisis occasioned by family circumstances." Such rules and regulations shall require that each agency board of directors establish standards and guidelines, within parameters defined by the rules and regulations, which are consistent with the needs of clients and their families. The standards and guidelines established by the agency board of directors shall specify to the extent known the types of family crises most likely to necessitate admission to a facility and shall establish criteria for determining the appropriateness of such admission. In addition the rules and regulations shall establish procedures for review by the secretary of the appropriateness of any such admission.
(c) The secretary shall make grant payments each calendar quarter. Subject to the provisions of K.S.A. 65-4414 and amendments thereto: (1) The first year of per diem payments made under this section shall be based on the number of clients served during the base calendar year 1983; and (2) payments in subsequent years shall be based on actual clients served during the calendar year immediately preceding the year in which such grant payments are to be made. In the event that sufficient moneys to pay to all community mental retardation facilities the full amount of grant payments determined in accordance with the number of actual clients served thereby and the current per diem amounts per client for any calendar quarter have not been appropriated or are not available, the entire amount available such calendar quarter for grant payments shall be prorated by the secretary among all the community mental retardation facilities applying for such grant payments in proportion to the amount each such community mental retardation facility would have received if sufficient moneys had been appropriated and available therefor, subject to the provisions of K.S.A. 65-4414 and amendments thereto. A client funded by special state funding shall not constitute a client for purposes of per diem funding under this section.
(d) The secretary shall adopt rules and regulations for the administration of the provisions of the Kansas community mental retardation facilities assistance act.
History: L. 1986, ch. 245, § 3; L. 1987, ch. 250, § 2; July 1.
History: L. 1986, ch. 245, § 4; July 1.
(b) The secretary shall administer the provisions of the Kansas community mental retardation facilities assistance act. In administering the provisions of the Kansas community mental retardation facilities assistance act, the secretary shall review the budgets and expenditures of the facilities, from time to time during the fiscal year, and may withdraw funds from any facility which is not being administered substantially in accordance with the provisions of the annual budget submitted to the secretary.
(c) The secretary shall provide consultative staff service to community mental retardation facilities to assist in ascertaining local needs, in obtaining federal funds and assistance and in the delivery of mental retardation services at the local level.
(d) In the event any community mental retardation facility is paid more than it is entitled to receive under any distribution made under the Kansas community mental retardation facilities assistance act, the secretary shall notify the governing board of the community mental retardation facility of the amount of such overpayment, and such governing board shall remit the same to the secretary. The secretary shall remit any moneys so received to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. If any such governing board fails so to remit, the secretary shall deduct the excess amount so paid from future payments becoming due to such community mental retardation facility.
(e) In the event any community mental retardation facility is paid less than the amount to which it is entitled under any distribution made under the Kansas community mental retardation facilities assistance act, the secretary shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such year.
History: L. 1986, ch. 245, § 5; L. 2001, ch. 5, § 256; July 1.
History: L. 1987, ch. 249, § 1; July 1.
(b) "Secretary" means the secretary of social and rehabilitation services.
History: L. 1987, ch. 249, § 2; July 1.
History: L. 1987, ch. 249, § 3; July 1.
(b) (1) For the fiscal year ending June 30, 1989, the secretary shall make grants under this section to each mental health center, which is providing the basic level of services prescribed under subsection (f), as provided in this subsection. Subject to the other provisions of this subsection (b), the grants to each mental health center shall be based upon the total of:
(A) The mental health center's base grant which shall be the greater of either (i) the amount equal to the grant payments received by the mental health center under this section for the previous fiscal year or (ii) the amount computed on the basis of $3.27 multiplied by the number of residents in the service area of the mental health center as of July 1, 1985, as certified by the division of the budget of the department of administration to the secretary of state in July of, 1986, plus
(B) each mental health center's pro rata share of any additional moneys, including any inflation adjustments, appropriated for such purpose in accordance with the base grant amounts so determined.
(2) If appropriations have been reduced from the previous fiscal year, the secretary shall prorate the available moneys based upon the grant payments received by mental health centers for the fiscal year ending June 30, 1988.
(c) For the fiscal year ending June 30, 1990, and for subsequent fiscal years, the secretary shall make grants to mental health centers as provided in this section, which are providing the basic level of services as prescribed under subsection (f) based upon the grant payments received by or for each mental health center for the previous fiscal year plus each mental health center's pro rata share of any increase in moneys, including any inflation adjustments, appropriated for such purpose, in accordance with the grant payments received by or for the mental health center for the previous fiscal year. If appropriations have been reduced from the previous fiscal year, the secretary shall prorate the available moneys based upon the grant payments for each center which were received during such fiscal year.
(d) At the beginning of each fiscal year, the secretary shall determine the amount of state funds due under this section to each mental health center which has applied for such funds and which is providing the basic level of services as prescribed under subsection (f). The secretary, with the consent of the governing board of a mental health center, may withhold funds that would otherwise be allocated to the mental health center and use the funds to match other funds for the purchase of services for the mental health center. Any funds withheld that are not used to purchase services in the various mental health centers shall be allocated to the mental health center from which such funds were originally withheld. In any case where a mental health center is not providing or has failed to continue providing the basic level of services as prescribed under subsection (f), the secretary shall withhold all or part of any grant otherwise payable to the mental health center, as warranted by the circumstances, until any deficiencies are corrected and the mental health center is providing such basic level of services.
(e) The state funds due under this section to each mental health center applying therefor shall be paid in four quarterly installments if it is providing the basic level of services prescribed under subsection (f). The moneys received in any quarter may be used at any time during the year. Installments shall be paid as follows: (1) On July 1st for the quarter beginning July 1 and ending September 30; (2) on October 1st for the quarter beginning October 1 and ending December 31; (3) on January 1st for the quarter beginning January 1 and ending March 31; and (4) on April 1st for the quarter beginning April 1 and ending June 30.
(f) The secretary shall adopt rules and regulations prescribing the basic level of services to be provided by mental health centers, including criteria prescribing such services in terms of types of services provided and minimum staffing levels therefor.
(g) In order to be eligible for grants under this section or for special purpose grants under K.S.A. 65-4435 and amendments thereto, each mental health center shall have a governing body which includes consumers of mental health services or representatives of mental health consumer groups and includes family members of mentally ill persons, except that, if the governing body of a mental health center is the board of county commissioners, such mental health center shall have a local advisory committee which includes consumers of mental health services or representatives of mental health consumer groups and includes family members of mentally ill persons.
History: L. 1987, ch. 249, § 4; L. 1988, ch. 262, § 1; L. 1990, ch. 92, § 33; Jan. 1, 1991.
History: L. 1987, ch. 249, § 5; L. 1988, ch. 262, § 2; July 1.
History: L. 1987, ch. 249, § 6; July 1.
(b) In the event any mental health center is paid less than the amount to which it is entitled under any distribution made under this act, the secretary shall pay the additional amount due at any time within the fiscal year in which the underpayment was made or within 60 days after the end of such fiscal year.
History: L. 1987, ch. 249, § 7; L. 2001, ch. 5, § 257; July 1.
History: L. 1987, ch. 249, § 8; July 1.
History: L. 1987, ch. 249, § 9; July 1.
History: L. 1987, ch. 249, § 10; July 1.
History: L. 1987, ch. 249, § 11; July 1.
History: L. 1987, ch. 249, § 12; July 1.