History: L. 1977, ch. 288, § 1; April 28.
(a) "Department" means the department on aging created by K.S.A. 75-5903.
(b) "Secretary" means the secretary of aging.
(c) "Council" means the advisory council on aging created by K.S.A. 75-5911.
(d) "Aged" or "senior citizen" means a person sixty (60) years of age or older.
(e) "Services" means those services designed to provide assistance to the aged such as nutritional programs, facilities improvement, transportation services, senior volunteer programs, supplementary health services, programs for leisure-time activities, housing and employment counseling, other informational, referral and counseling programs to aid the aged in availing themselves of existing public or private services or other similar social services intended to aid the senior citizen in attaining and maintaining self-sufficiency, personal well-being, dignity and maximum participation in community life.
History: L. 1977, ch. 288, § 2; April 28.
The department on aging shall be the single state agency for receiving and disbursing federal funds made available under the federal older Americans act (public law 89-73) and any amendments thereto or other federal programs for the aging.
(b) The provisions of the Kansas governmental operations accountability law apply to the department on aging, and the department is subject to audit, review and evaluation under such law.
History: L. 1977, ch. 288, § 3; L. 1981, ch. 299, § 40; L. 1982, ch. 347, § 76; L. 1992, ch. 116, § 53; L. 2001, ch. 86, § 16; April 12.
(b) The secretary of aging created by this act shall be a continuation of the services to the aging section of the department of social and rehabilitation services and shall be the successor in every way to the powers, duties and functions of the section, except as herein otherwise provided. On and after July 1, 1977, every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of aging shall be deemed to have the same force and effect as if performed by the services for aging section of the department of social and rehabilitation services in which such functions were vested prior to July 1, 1977.
(c) On and after July 1, 1977, wherever the services to the aging section of the department of social and rehabilitation services, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of aging.
(d) All orders and directives of the services to the aging section of the department of social and rehabilitation services in existence immediately prior to July 1, 1977, shall continue in force and effect and shall be deemed to be duly issued orders and directives of the secretary of aging, until reissued, amended or nullified pursuant to law.
History: L. 1977, ch. 288, § 4; April 28.
History: L. 1977, ch. 288, § 5; April 28.
(b) On and after July 1, 1977, the department on aging shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the department on aging under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from any transfer made by this act of powers, duties and functions to the secretary of aging, shall be determined by the governor, whose decision shall be final.
History: L. 1977, ch. 288, § 6; April 28.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1977, ch. 288, § 7; April 28.
(a) To evaluate all programs, services and facilities for the aged within the state and determine the extent to which present public or private programs, services and facilities meet the needs of the aged.
(b) To evaluate and coordinate all programs, services and facilities for the aging presently furnished by state and federal agencies, and make appropriate recommendations regarding such services, programs and facilities to the governor and the legislature.
(c) To function as the sole state agency to develop a comprehensive plan to meet the needs of the state's senior citizens.
(d) To receive and disburse federal funds made available directly to the department, including those funds made available under the federal older Americans act of 1965, 42 U.S.C. 3001 et seq., and any amendments thereto, for providing services for senior citizens or for purposes related thereto and to develop and administer any state plan for the aging required by federal law.
(e) To solicit, accept, hold and administer in behalf of the state any grants, devises or bequests of money, securities or property to the state of Kansas for services to senior citizens or purposes related thereto.
(f) To provide consultation and assistance to communities and groups developing local and area services for senior citizens.
(g) To promote community education regarding the problems of senior citizens through institutes, publications, radio, television and the press.
(h) To cooperate with agencies of the federal government in studies and conferences designed to examine the needs of senior citizens and to prepare programs and facilities to meet those needs.
(i) To establish and maintain information and referral sources throughout the state in conjunction with other agencies.
(j) To provide such staff support as may reasonably be required by the council.
(k) To establish state policies for the administration of the department; for the disbursement of federal older Americans act funds within the state; and for state administration of federal older Americans act programs consistent with relevant federal law, rules and regulations, policies and procedures.
(l) To keep informed of the latest developments of research, studies and programs being conducted nationally and internationally on problems and needs of aging.
(m) To adopt such rules and regulations as may be necessary to administer the provisions of article 59 of chapter 75 of the Kansas Statutes Annotated and acts amendatory thereof and supplemental thereto.
(n) To lend surplus state property under the authority of the department on aging to area agencies on aging or to the state long-term care ombudsman to help them perform duties required under state and federal programs administered by the department on aging.
(o) To enter into any contract or agreement which the secretary finds necessary to perform the powers, duties and functions of the secretary or the department.
History: L. 1977, ch. 288, § 8; L. 1998, ch. 95, § 1; July 1.
(b) On and after July 1, 1977, the secretary shall meet regularly with the council to advise the council on all matters relating to the policy and administration of programs and services to the aging provided by the department.
History: L. 1977, ch. 288, § 9; April 28.
(b) The secretary may appoint one public information officer, one chief attorney, one personal secretary and one special assistant who shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor. The secretary may appoint deputy secretaries and commissioners as determined necessary by the secretary to effectively carry out the mission of the department. All deputy secretaries and commissioners shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary and approved by the governor.
(c) Nothing in subsection (b) shall affect the classified status of any person employed by the department on aging on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the secretary pursuant to K.S.A. 75-5909 or 75-2948 and amendments thereto.
(d) Personnel of the department shall perform such duties and exercise such powers as the secretary may prescribe or as are designated by law.
History: L. 1977, ch. 288, § 10; L. 1978, ch. 332, § 56; L. 1987, ch. 347, § 9; L. 1996, ch. 271, § 14; L. 1998, ch. 95, § 2; July 1.
(b) No provision of this section shall affect the term of any member of the advisory council on aging appointed prior to the effective date of this act.
History: L. 1977, ch. 288, § 11; L. 1978, ch. 375, § 1; L. 1979, ch. 299, § 1; L. 1980, ch. 291, § 8; L. 1988, ch. 354, § 1; July 1.
(b) Any member appointed to fill a vacancy occurring upon the expiration of the term for which the member's predecessor was appointed shall be appointed for a period of three years. Members shall be eligible for reappointment.
(c) Members appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives and the minority leader of the house of representatives shall serve at the pleasure of the person holding the office held by the person appointing such members.
History: L. 1977, ch. 288, § 12; L. 1978, ch. 375, § 2; L. 1979, ch. 299, § 2; L. 1988, ch. 354, § 2; July 1.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting of the council authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.
(c) The council shall meet at least twice a year or as often as the chairperson of the council or the secretary of the department deems necessary, or upon written request of five (5) members of the council, but in any case, the council shall not meet more than twelve (12) times in any one year.
History: L. 1977, ch. 288, § 13; April 28.
(a) Provide advocacy for the aging in the affairs of the department, the governor's office and other public and private, state and local agencies affecting the aging;
(b) review and comment upon reports of the department to the governor and the legislature;
(c) prepare and submit to the governor, the legislature and the secretary an annual report evaluating the level and quality of all programs, services and facilities provided to the aging by state agencies;
(d) review and comment upon the comprehensive state plan prepared by the department;
(e) review and comment upon disbursements by the department of public funds to public and private agencies;
(f) recommend candidates to the governor for appointment as secretary of aging for the department on aging;
(g) consult with the secretary regarding the operations of the department;
(h) serve as the advisory committee to the governor and the department on aging as required and defined in the rules and regulations, part 903.50(c), issued under the federal older Americans act of 1965 (public law 89-73) and amendments thereto;
(i) review and comment to the state long-term care ombudsman upon the policies and procedures of the office of long-term care ombudsman; and
(j) consult with the state long-term care ombudsman regarding needs for ombudsman services for aged Kansas residents.
History: L. 1977, ch. 288, § 14; L. 1980, ch. 291, § 9; L. 1998, ch. 101, § 3; June 14.
(b) On July 1, 1977, liability for all accrued compensation or salaries of officers and employees who, immediately prior to said date, were engaged in the performance of powers, duties or functions of the services to the aging section of the department of social and rehabilitation services, and who become officers and employees of the department on aging, shall be assumed and paid by the department on aging.
History: L. 1977, ch. 288, § 15; April 28.
(b) The secretary of aging shall:
(1) Publicize the existence and purpose of the toll-free telephone system established by this section and the telephone number of such system;
(2) develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(3) develop policies and procedures to maintain confidentiality of requests for assistance;
(4) develop a program to train and coordinate the use of older Kansans within the toll-free telephone system;
(5) provide as part of the toll-free telephone system a call-forward system to assist in providing access to information; and
(6) develop a handbook of information to answer requests and for further referral.
(c) Upon written notification by the secretary of aging, every adult care home, as defined in subsection (a)(1) of K.S.A. 39-923, title XX adult residential home licensed under K.S.A. 75-3307b, recuperation center, as defined in subsection (g) of K.S.A. 65-425, intermediate care facility, as defined in section 1905(c) of the federal social security act, skilled nursing facility, as defined in section 1861(j) of the federal social security, and any other institution or facility which is licensed or certified by the state, which offers health, social or dietary care to elderly persons on a regular basis, and which is financed in whole or in part by funds from the federal government, the state of Kansas, or any political subdivision thereof, shall prominently display notice of the existence of the toll-free telephone system established under this section and the telephone number of such system.
History: L. 1980, ch. 259, § 1; July 1.
History: L. 1982, ch. 333, § 1; L. 1989, ch. 278, § 1; Repealed, L. 1996, ch. 73, § 2; July 1.
(b) The secretary of aging shall establish within the department on aging an information and referral network under subsection (a) and research national, state and local information on Alzheimer's and related diseases and disseminate this information through the information and referral network. The secretary of aging shall publicize the existence and purpose of the toll-free telephone network established by this section and the telephone number of such network.
(c) In establishing the information and referral network under this section, the secretary of aging shall:
(1) Develop policies and procedures to document requests for assistance and monitor follow-up on such requests;
(2) develop policies and procedures to maintain confidentiality of requests for assistance;
(3) provide as part of the toll-free telephone network a call-forward system to assist in providing access to information;
(4) seek the cooperation and assistance of area agencies on aging in disseminating information and making referrals under this section;
(5) develop and periodically update a resource file of information to answer requests and expedite referrals; and
(6) assure that staff be trained in the area of Alzheimer's disease and related diseases on an ongoing basis.
(d) This section shall be part of and supplemental to the Kansas act on the aging.
History: L. 1986, ch. 310, § 1; April 24.
History: L. 1989, ch. 255, § 1; July 1.
(a) There are many older Kansans who face difficulties in maintaining self-care and independent living within the mainstream of life;
(b) inappropriate or premature institutionalization of persons who have not exhausted their financial resources often leads to exhaustion of those resources and placement in more costly and limited long-term-care services; and
(c) it is in the interest of older Kansans and of providers of care that a coordinated system of services be developed; and
(d) it is in the interest of older Kansans and of providers of care that preventative health services be made available.
History: L. 1989, ch. 255, § 2; L. 2005, ch. 13, § 1; July 1.
(b) The secretary of aging shall establish and administer, pursuant to the provisions of the Kansas senior care act, a program of in-home services and a program of preventative health services as authorized under subsection (a). The secretary shall designate area agencies on aging to administer the program in their respective planning and service areas. The secretary shall allocate funds to an area agency on aging only after the area agency on aging has executed a contract with the secretary under the Kansas senior care act.
(c) The program of in-home services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with appropriation acts relating thereto.
(d) The program of preventative health services authorized under subsection (a) shall serve such planning and service areas and provide such services as may be specified by the secretary and as are consistent with the Kansas senior care act and with the appropriation acts relating thereto.
History: L. 1989, ch. 255, § 3; L. 1996, ch. 271, § 23; L. 1998, ch. 95, § 3; L. 2002, ch. 65, § 1; L. 2005, ch. 13, § 2; July 1.
(1) A portion of the funds shall be allocated to the area agencies on aging based on a funding formula established by the secretary;
(2) a portion of the funds, as determined by the secretary, shall be allocated to area agencies on aging that continue to receive matching funds directly as required by subsection (c) in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary; and
(3) a portion of the funds, as determined by the secretary, may be allocated to area agencies on aging that receive amounts of matching ad valorem property tax levy funds directly from local units of government, or the single entity responsible for ad valorem property tax levies for services for the aging, as designated by the local units of government, in excess of the amounts required by subsection (c), and any such allocation shall be in accordance with the ratio for match established for this purpose by the secretary in rules and regulations adopted by the secretary.
(b) Funds for purchase of service provided under the Kansas senior care act shall be expended only when other sources of support for service provision are not available. The funds shall not replace medicaid, older Americans act, community services block grant, medicare and other state or federal funding sources that may be used to pay for needed services.
(c) On and after the effective date of this act, each local unit of government that provided matching funds directly to an area agency on aging for the fiscal year ending June 30, 2001, shall continue to provide matching funds to the area agency on aging at the funding level provided directly to the area agency on aging for match for the fiscal year ending June 30, 2001.
History: L. 1989, ch. 255, § 4; L. 1992, ch. 303, § 1; L. 1993, ch. 210, § 1; L. 2002, ch. 65, § 2; July 1.
History: L. 1989, ch. 255, § 5; L. 2002, ch. 65, § 3; July 1.
(a) The eligibility of persons receiving the services;
(b) the maximum amount of funds to be expended for each customer;
(c) reports to be made to the secretary by the area agencies on aging; and
(d) such other matters as the secretary deems necessary for the administration of the Kansas senior care act.
History: L. 1989, ch. 255, § 6; L. 1996, ch. 271, § 22; L. 2002, ch. 65, § 4; July 1.
(a) Evidence of support by the area on aging governing board or the area on aging advisory council;
(b) identification of service providers to be reimbursed for services;
(c) evidence that no in-home services will be directly provided by an area agency on aging; and
(d) a means acceptable for prioritizing customers who are most in need of the program's benefits.
History: L. 1989, ch. 255, § 7; L. 2002, ch. 65, § 5; July 1.
History: L. 1989, ch. 255, § 8; L. 2002, ch. 65, § 6; July 1.
History: L. 1989, ch. 255, § 9; July 1.
History: L. 1989, ch. 255, § 10; L. 1996, ch. 124, § 1; Repealed, L. 1998, ch. 95, § 5; July 1.
History: L. 1989, ch. 255, § 11; July 1.
(1) The amounts of money allocated, anticipated to be expended, and expended to date for the current fiscal year for the home and community-based services program, assisted living services, institutional-based services program and each other program providing long-term services and the numbers of persons receiving services under each such program;
(2) the categories of and the actual amounts of expenditures for the costs of transferring the long-term care programs from the department of social and rehabilitation services to the department on aging, including identification of any reallocation of funds to finance the costs of such transfer;
(3) the activities of and resources dedicated to the client assessment, referral and evaluation (CARE) program during the transition period for the transfer of long-term care programs from the department of social and rehabilitation services to the department on aging under this act, including the persons served and the anticipated growth in the need for such services;
(4) the criteria adopted to evaluate the performance of the area agencies on aging and other providers of services under the client assessment, referral and evaluation (CARE) program and the long-term care services transferred from the department of social and rehabilitation services to the department on aging under this act and a review of the performance of the area agencies on aging and other providers of services under such criteria to date;
(5) the programs and procedures adopted to provide active advocacy for older Kansans and the activities thereunder, including expenditures therefor and the number of persons served thereby; and
(6) the programs and procedures adopted to provide incentives to control costs under each of the programs providing long-term care services.
(b) The secretary of aging and the secretary of social and rehabilitation services shall prepare and submit interim reports of the matters to be contained in the report under subsection (a) to the oversight committee created by K.S.A. 1997 Supp. 46-2701 and amendments thereto, at the request of the oversight committee, and also shall submit a copy of the final report to the legislature under subsection (a) to the oversight committee.
History: L. 1996, ch. 271, § 21; July 1.
(a) The secretary of aging shall develop state plans or state plan amendments or portions of state plans or state plan amendments in consultation with the secretary of social and rehabilitation services relating to long-term care programs as provided under the federal social security act. The secretary of aging shall not develop any state plan amendment in duplication of or contrary to any state plan otherwise developed by the secretary of social and rehabilitation services. The secretary of aging may cooperate with the federal government on any other program providing federal financial assistance and long-term care services not otherwise inconsistent with this act. The secretary of aging is not required to develop a state plan for participation or cooperation in all federal social security act programs or other federal programs that are available for long-term care services. The secretary of aging may develop a state plan in regard to long-term care services in which the federal government does not participate.
(b) The secretary of aging, in consultation with the secretary of social and rehabilitation services, may determine the general policies relating to all forms of long-term care programs which are administered or supervised by the secretary of aging and to adopt the rules and regulations therefor.
(c) The secretary of aging shall adopt rules and regulations necessary to protect the confidentiality of all client information as required by federal and state statutes and regulations.
(d) The secretary of aging shall provide that all officers and employees of the department of social and rehabilitation services who are engaged in the exercise and performance of the powers, duties and functions of the programs transferred in this act and are determined by the secretary to be necessary to perform such functions are transferred to the department on aging. Officers and employees of the department of social and rehabilitation services shall retain all retirement benefits and leave rights which had accrued or vested prior to each date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs and abolition of classified service positions under the Kansas civil service act which may result from program transfers shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. The secretary of aging may appoint attorneys as are necessary to effectively carry out the mission of the department and the programs transferred by this act. The attorneys appointed shall be in the unclassified service under the Kansas civil service act, shall serve at the pleasure of the secretary, and shall receive an annual salary fixed by the secretary and approved by the governor. Nothing in this act shall affect the classified status of any transferred person employed as an attorney by the department of social and rehabilitation services prior to the date of transfer and the unclassified status shall apply only to persons appointed to such attorney positions on or after the effective date of this act.
(e) The secretary of aging shall establish an adequate system of financial records. The secretary of aging and the secretary of social and rehabilitation services shall execute agreements for the department of social and rehabilitation services and the department on aging to share data systems necessary to maximize the efficiency of program operations and to ensure that federal grant requirements are met. The secretary of aging shall make annual reports to the governor and shall make any reports required by federal agencies.
(f) The secretary of aging may receive, have custody of, protect, administer, disburse, dispose of and account for federal or private equipment, supplies and property which is given, granted, loaned or advanced to the state of Kansas for long-term care programs after the transfer of such programs pursuant to this act.
(g) The secretary of aging may assist other departments, agencies and institutions of the state and federal government and of other states under interstate agreements, when so requested, by performing services in conformity with the purpose of this act.
(h) The secretary of aging may lease real and personal property whenever the property is not available through the state or a political subdivision of the state for performing the functions required by this act.
(i) All contracts shall be made in the name of "secretary of aging" and in that name the secretary may sue and be sued on such contracts. The grant of authority under this subsection shall not be construed to be a waiver of any rights retained by the state under the 11th amendment to the United States constitution and shall be subject to and shall not supersede the provisions of any appropriations act of this state.
(j) The secretary of aging, except as set forth in the Kansas administrative procedure act and paragraphs 5 and 6, shall provide a fair hearing for any person who is an applicant, client or other interested person who appeals from the decision or final action of any agent or employee of the secretary. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act and the requirements of any applicable federal grant programs.
(1) The secretary of aging may investigate (A) any claims and vouchers and persons, businesses and other entities who provide services to the secretary of aging or to clients served by long-term care programs under the administration of the secretary, and (B) the eligibility of persons to receive services under long-term care programs under the administration of the secretary, and (C) the eligibility of providers of services.
(2) When conducting investigations, the secretary of aging may issue subpoenas; compel the attendance of witnesses at any place in this state; compel the production of any records, books, papers or other documents considered necessary; administer oaths; take testimony; and render decisions. If a person refuses to comply with any subpoena issued under this section or to testify to any matter regarding which the person may lawfully be questioned, the district court of any county, on application of the secretary, may issue an order requiring the person to comply with the subpoena and to testify. Failure to obey the order of the court may be punished by the court as a contempt of court. Unless incapacitated, the person placing a claim or defending a privilege before the secretary shall appear in person or by authorized representative and may not be excused from answering questions and supplying information, except in accordance with the person's constitutional rights and lawful privileges.
(3) The presiding officer may close any portion of a hearing conducted under the Kansas administrative procedure act when matters made confidential, pursuant to federal or state law or regulation are under consideration.
(4) Except as provided in subsection (d) of K.S.A. 77-511 and amendments thereto and notwithstanding the other provisions of the Kansas administrative procedure act, the secretary of aging may enforce any order prior to the disposition of a person's application for an adjudicative proceeding unless prohibited from such action by federal or state statute, regulation or court order.
(5) This appeals procedure shall not have jurisdiction to determine the facial validity of a state or federal statute, rule or regulation.
(6) The secretary of aging shall not be required to provide a hearing if: (A) The appeals procedure lacks jurisdiction over the subject matter; (B) resolution of the matter does not require the secretary to issue an order that determines an applicant's or client's legal rights, duties, privileges, immunities or other legal interests; (C) the matter was not timely submitted for appeal pursuant to regulation or other provision of law; (D) the matter was not submitted in a form substantially complying with any applicable provision of law; or (E) the matter is under the prior or concurrent jurisdiction of the secretary of social and rehabilitation services pursuant to K.S.A. 75-3306 and amendments thereto.
(k) The secretary of aging may establish payment schedules for each group of providers for the long-term care programs. The secretary shall consider budgetary constraints as a factor in establishing payment schedules so long as the result does not conflict with applicable federal law. The secretary shall not be required to make any payments under any federal grant program which do not meet the requirements for state and federal financial participation. The secretary shall not be required to establish or pay at rates which are in excess of the minimum necessary payment requirements regardless of excess costs incurred by a provider.
(l) The secretary of aging shall review all rules and regulations of the department on aging and shall amend and revoke the rules and regulations to conform to the purposes of this act.
(m) The secretary of aging may implement a program which would permit the value of any services provided by the area agencies on aging for the benefit of any long-term care programs administered by the secretary to be considered eligible for federal financial participation for such long-term care programs.
History: L. 1996, ch. 271, § 2; L. 1998, ch. 95, § 4; July 1.
(b) Each such contract with an area agency on aging shall require the area agency on aging to submit to the secretary of aging a report annually on activities under the contract during the fiscal year by the area agency on aging, which report shall also include information about all kinds of services provided by the area agency on aging, including long-term care services, and the number of persons receiving each kind of service during the fiscal year. The secretary of aging shall submit to the senate committee on ways and means and the house of representatives committee on appropriations at the beginning of the regular session of the legislature in 1997 and annually thereafter a report of the information contained in such reports from the area agencies on aging.
(c) All such contracts for long-term care services shall be subject to appropriations limitations. No such contracts shall provide for any indemnification of any independent contractor. All such contractors shall be subject to and limited by any applicable federal grant requirements. The secretary may, but is not required to, comply with the competitive bid requirements of K.S.A. 75-3739 and amendments thereto. The secretary of aging shall be required to adopt rules and regulations for the administration of such contracts. If necessary to comply with applicable federal grant requirements, such powers may be assumed by the secretary of social and rehabilitation services.
History: L. 1996, ch. 271, § 3; July 1.
History: L. 1996, ch. 271, § 4; July 1.
History: L. 1996, ch. 271, § 5; July 1.
History: L. 1996, ch. 271, § 6; July 1.
History: L. 1996, ch. 271, § 7; July 1.
(b) No suit, action or other proceeding, judicial or administrative, pertaining to the transferred long-term care programs which otherwise would have been dismissed or concluded shall continue to exist by reason of any transfer under this act.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
(d) Any final appeal decision of the department of social and rehabilitation services entered pursuant to K.S.A. 75-3306 and amendments thereto or the Kansas act for judicial review and civil enforcement of agency actions currently pertaining to any long-term care program transferred pursuant to this act shall be binding upon and applicable to the secretary of aging and the department on aging.
History: L. 1996, ch. 271, § 8; July 1.
History: L. 1996, ch. 271, § 9; July 1.
(b) If or when any conflict arises as to the succession to any property and records related to any transfer made under the authority of this act, such conflict shall be resolved by the governor and the decision of the governor shall be final.
History: L. 1996, ch. 271, § 10; July 1.
History: L. 1996, ch. 271, § 11; July 1.
History: L. 1996, ch. 271, § 12; July 1.
History: L. 1996, ch. 271, § 18; July 1.
History: L. 1996, ch. 271, § 20; July 1.
History: L. 2006, ch. 208, § 11; L. 2007, ch. 175, § 1; July 1.
(b) The secretary of aging shall adopt rules and regulations establishing eligibility for the senior pharmacy assistance program subject to the following criteria:
(1) An individual to be eligible for the program must be 65 years of age or older,
(2) an eligible individual's income must not exceed 200% of the federal poverty guidelines for a one person family unit and the individual's household income must not exceed 200% of the federal poverty guidelines for a two person family unit,
(3) an eligible individual must not qualify for funding from any other local, state or federal prescription drug program,
(4) an eligible individual must not be covered under any private prescription reimbursement plan, and
(5) an eligible individual must not have voluntarily canceled a local, state or federal prescription drug program or a private prescription reimbursement plan, except in an incidence of financial hardship, within six months prior to application for enrollment in the senior pharmacy assistance program.
(c) The secretary of aging shall adopt rules and regulations as necessary to implement the provisions of the senior pharmacy assistance program at a level that can be supported within appropriated funds available therefor. The secretary of aging shall adopt rules and regulations which establish the benefits, limitations and cost-sharing requirements for the senior pharmacy assistance program. Enrollment in the program shall be in accordance with applications and procedures established by the secretary of aging.
(d) The provisions of this section and the senior pharmacy assistance program are hereby suspended on the day upon which payments commence under any federal law enacted on or after the effective date of this act which provides financial assistance for the purchase of prescription drugs to individuals eligible for financial assistance for the purchase of prescription drugs.
History: L. 2000, ch. 154, § 1; L. 2003, ch. 157, § 1; July 1.
History: L. 2000, ch. 154, § 2; Repealed, L. 2003, ch. 157, § 2; July 1.