(b) "Services for children with special health care needs" means the program administered by the secretary of health and environment pursuant to article 5a of chapter 65 of Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto.
(c) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(d) "Special health services" means services for children with special health care needs.
History: L. 1931, ch. 283, § 6; L. 1933, ch. 222, § 1; L. 1945, ch. 248, § 1; L. 1957, ch. 337, § 1; L. 1965, ch. 373, § 1; L. 1971, ch. 251, § 6; L. 1978, ch. 238, § 1; L. 1984, ch. 226, § 1; L. 1988, ch. 241, § 1; July 1.
History: L. 1931, ch. 283, § 7; L. 1949, ch. 329, § 1; L. 1965, ch. 369, § 3; Repealed, L. 1971, ch. 251, § 11; July 1.
History: L. 1931, ch. 283, § 8; L. 1949, ch. 329, § 2; L. 1957, ch. 337, § 2; L. 1965, ch. 369, § 4; Repealed, L. 1971, ch. 251, § 11; July 1.
History: L. 1931, ch. 283, § 9; L. 1971, ch. 251, § 9; L. 1976, ch. 145, § 212; L. 1977, ch. 214, § 1; Repealed, L. 1978, ch. 238, § 11; July 1.
History: L. 1931, ch. 283, § 10; L. 1945, ch. 248, § 2; L. 1947, ch. 327, § 1; L. 1949, ch. 329, § 3; L. 1957, ch. 337, § 3; L. 1961, ch. 286, § 1; L. 1965, ch. 374, § 1; L. 1967, ch. 337, § 1; L. 1971, ch. 251, § 10; L. 1976, ch. 145, § 213; L. 1977, ch. 214, § 2; L. 1978, ch. 238, § 2; L. 1984, ch. 226, § 2; L. 1988, ch. 241, § 2; July 1.
History: L. 1931, ch. 283, § 11; Repealed, L. 1971, ch. 251, § 11; July 1.
History: L. 1931, ch. 283, § 13; L. 1933, ch. 222, § 2; L. 1970, ch. 100, § 41; Repealed, L. 1972, ch. 229, § 1; July 1.
(a) Designate, at the secretary's discretion, hospitals and other medical facilities in which the various types of medical and surgical services and procedures contemplated by this act for children with special health care needs may be provided;
(b) determine the eligibility of children to receive services, prosthetic devices, equipment and supplies under the provisions of this act and to pay all or any portion of the cost thereof;
(c) approve or disapprove charges for authorized procedures, treatments, operations and hospital and laboratory services;
(d) approve or disapprove charges for authorized prosthetic devices, equipment, chairs and appliances;
(e) approve or disapprove all services and prosthetic devices, equipment, appliances and supplies to be provided children under the provisions of this act and the persons, organizations and corporations supplying or selling the same;
(f) subject to the provisions of K.S.A. 75-5644, and amendments thereto, receive and expend moneys appropriated or granted by the state or federal government or private persons or organizations for purposes authorized under the provisions of this act;
(g) provide or approve the necessary blanks or forms for use in the administration of this act;
(h) adopt rules and regulations necessary for the administration and enforcement of this act; and
(i) maintain surveillance and supervision over the services provided children with special health care needs under the services for children with special health care needs to assure high quality of service and to cause a record to be kept showing the condition and improvement of the children.
History: L. 1931, ch. 283, § 3; L. 1971, ch. 251, § 1; L. 1977, ch. 214, § 3; L. 1978, ch. 238, § 3; L. 1984, ch. 226, § 3; L. 1988, ch. 241, § 3; July 1.
The secretary of health and environment may at any time thereafter revoke any such approval and shall, upon revocation thereof, notify all parties interested therein as disclosed by the secretary's records.
The secretary shall afford any person or applicant aggrieved by an action of the secretary under this section an opportunity to be heard at a hearing conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1931, ch. 283, § 4; L. 1971, ch. 251, § 3; L. 1977, ch. 214, § 4; L. 1978, ch. 238, § 4; L. 1982, ch. 258, § 4; L. 1984, ch. 313, § 97; July 1, 1985.
(b) Within the limits of available funds, the department of health and environment and designated agents of the secretary of health and environment shall accept for diagnosis, pursuant to rules and regulations adopted by the secretary, a child believed to have a severely handicapping condition, irrespective of whether the child actually has an eligible condition specified in K.S.A. 65-5a01 and 65-5a14, and amendments to such sections.
History: L. 1931, ch. 283, § 5; L. 1971, ch. 251, § 4; L. 1977, ch. 214, § 5; L. 1978, ch. 238, § 5; L. 1984, ch. 226, § 4; L. 1988, ch. 241, § 4; July 1.
History: L. 1931, ch. 283, § 12; L. 1971, ch. 251, § 5; L. 1977, ch. 214, § 6; L. 1978, ch. 238, § 6; L. 1984, ch. 226, § 5; L. 1988, ch. 241, § 5; July 1.
The secretary shall establish uniform standards of financial eligibility for treatment services under the services for children with special health care needs, including a uniform formula for shared expenses or for repayment of services. All repayment shall be used in support of the services for children with special health care needs.
History: L. 1971, ch. 251, § 7; L. 1976, ch. 145, § 237; L. 1977, ch. 214, § 7; L. 1978, ch. 238, § 7; L. 1984, ch. 226, § 6; L. 1988, ch. 241, § 6; July 1.
At the time of the determination, the parents, guardian or other persons and the secretary shall enter into an agreement which shall specify that portion, if any, of the costs for care, treatment or assistance to be paid by the parents, guardian or other persons and that portion of the costs, within the limits of funds appropriated therefor, to be paid by the secretary. The terms of the agreement shall be reviewed whenever a change in financial or medical circumstances occurs, but in any event shall be reviewed at least annually.
History: L. 1971, ch. 251, § 8; L. 1977, ch. 214, § 8; L. 1978, ch. 238, § 8; L. 1984, ch. 226, § 7; L. 1988, ch. 241, § 7; July 1.
(a) Congenital malformations requiring major surgical repair;
(b) catastrophic and chronic diseases of children (such as hydronephrosis, and chronic nephritis);
(c) mental retardation or mental disability with associated serious physical defects;
(d) orthopedic conditions (not including relaxed flat feet or treatment or supportive devices therefor);
(e) burns requiring plastic surgery;
(f) cardiovascular (congenital and acquired heart disease or anomalies of the major blood vessels); and
(g) malignant disease (such as leukemia, Wilm's tumor, osteogenic sarcoma, etc., but not to include terminal care).
In adopting the rules and regulations, the secretary of health and environment shall consult with and give consideration to the recommendations of representatives of the Kansas medical society designated or selected by the society for such purpose.
A child with special health care needs shall not be denied services because the child is mentally retarded.
History: L. 1971, ch. 251, § 2; L. 1977, ch. 214, § 9; L. 1978, ch. 238, § 9; L. 1984, ch. 226, § 8; L. 1988, ch. 241, § 8; July 1.
History: L. 1976, ch. 359, § 1; L. 1977, ch. 214, § 10; July 1.
Nothing in this act shall be construed to authorize any treatment services for children under 18 years of age without the written consent of a parent or guardian, except that a person under the age of 18 years who has had conferred by court order the rights of majority may authorize treatment services without the written consent of a parent or guardian.
History: L. 1978, ch. 238, § 10; L. 1984, ch. 226, § 9; L. 1988, ch. 241, § 9; July 1.