39-968. Client assessment, referral and evaluation program; definitions; implementation; data entry form; requirements; duties of secretary for aging and disability services; long-term care resource information; rules and regulations; voluntary oversight council; annual report. (a) To achieve a quality of life for Kansans with long-term care needs in an environment of choice that maximizes independent living capabilities and recognizes diversity, this act establishes a program which is intended to encourage a wide array of quality, cost-effective and affordable long-term care choices. This program shall be known as client assessment, referral and evaluation (CARE). The purposes of CARE is for data collection and individual assessment and referral to community-based services and appropriate placement in long-term care facilities.
(b) As used in this section:
(1) "Assessment services" means evaluation of an individual's health and functional status to determine the need for long-term care services and to identify appropriate service options which meet these needs utilizing the client assessment, referral and evaluation (CARE) form.
(2) "Health care data governing board" means the board abolished by K.S.A. 65-6803, and amendments thereto.
(3) "Medical care facility" shall have the meaning ascribed to such term under K.S.A. 65-425, and amendments thereto.
(4) "Nursing facility" shall have the meaning ascribed to such term under K.S.A. 39-923, and amendments thereto.
(5) "Secretary" means the secretary for aging and disability services.
(c) There is hereby established the client assessment, referral and evaluation (CARE) program. The CARE program shall be administered by the secretary for aging and disability services and shall be implemented on a phased-in basis in accordance with the provisions of this section.
(d) All rules and regulations adopted by the health care data governing board relating to client assessment, referral and evaluation (CARE) data entry form shall be deemed to be the rules and regulations of the Kansas department of health and environment until revised, revoked or nullified pursuant to law. The purpose of this form is for data collection and referral services. Such form shall be concise and questions shall be limited to those necessary to carry out the stated purposes. The client assessment, referral and evaluation (CARE) data entry form shall include, but not be limited to, the preadmission screening and annual resident review (PASARR) questions. The secretary for aging and disability services shall approve the client assessment, referral and evaluation (CARE) data entry form. The client assessment, referral and evaluation (CARE) data entry form shall be used by all persons providing assessment services.
(e) (1) Each individual prior to admission to a nursing facility as a resident of the facility shall receive assessment services to be provided by the secretary for aging and disability services, with the assistance of area agencies on aging, except: (A) Such assessment services shall be provided by a medical care facility to a patient of the medical care facility who is considering becoming a resident of a nursing facility upon discharge from the medical care facility; and (B) as authorized by rules and regulations adopted by the secretary for aging and disability services pursuant to subsection (i).
(2) The provisions of this subsection shall not apply to any individual exempted from preadmission screening and annual resident review under 42 C.F.R. 483.106.
(f) The secretary for aging and disability services shall cooperate with the area agencies on aging providing assessment services under this section.
(g) The secretary for aging and disability services shall assure that each area agency on aging shall compile comprehensive resource information for use by individuals and agencies related to long-term care resources including all area offices of the Kansas department for children and families and local health departments. This information shall include, but not be limited to, resources available to assist persons to choose alternatives to institutional care.
(h) Nursing facilities and medical care facilities shall make available information referenced in subsection (g) to each person seeking admission or upon discharge as appropriate. Any person licensed to practice the healing arts as defined in K.S.A. 65-2802, and amendments thereto, shall make the same resource information available to any person identified as seeking or needing long-term care. Each senior center and each area agency on aging shall make available such information.
(i) The secretary shall adopt rules and regulations to govern such matters as the secretary deems necessary for the administration of this act.
(j) (1) There is hereby established an eleven-member voluntary oversight council which shall meet monthly for the purpose of assisting the secretary for aging and disability services in restructuring the assessment and referral program in a manner consistent with this act and shall meet quarterly thereafter for the purpose of monitoring and advising the secretary regarding the CARE program. The council shall be advisory only, except that the secretary for aging and disability services shall file with the council each six months the secretary's response to council comments or recommendations.
(2) The secretary for aging and disability services shall appoint two representatives of hospitals, two representatives of nursing facilities, two consumers and two representatives of providers of home and community-based services. The secretary of health and environment and the secretary for children and families, or their designees, shall be members of the council in addition to the eight appointed members. The secretary for aging and disability services shall serve as chairperson of the council. The appointive members of the council shall serve at the pleasure of their appointing authority. Members of the voluntary oversight council shall not be paid compensation, subsistence allowances, mileage or other expenses as otherwise may be authorized by law for attending meetings, or subcommittee meetings, of the council.
(k) The secretary for aging and disability services shall report to the governor and to the legislature on or before December 31, 1995, and each year thereafter on or before such date, an analysis of the information collected under this section. In addition, the secretary for aging and disability services shall provide data from the CARE data forms to the Kansas department of health and environment. Such data shall be provided in such a manner so as not to identify individuals.
History: L. 1994, ch. 147, § 1; L. 2008, ch. 110, § 3; L. 2012, ch. 102, § 15; L. 2014, ch. 115, § 149; L. 2016, ch. 105, § 19; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-926 License required to operate home; compliance with regulations.
39-929 Provisional license, approval; terms; extension.
39-930 License fee; disposition.
39-931a Same; grounds; person defined.
39-932 Adoption and enforcement of rules, regulations and standards.
39-932a Adult care homes in less than an entire building.
39-933 Inspections and investigations; regulations for changes in facilities.
39-934 Certain information confidential.
39-937 Compliance with other laws and regulations.
39-938 Compliance with requirements and rules and regulations; exceptions.
39-941 Adult care homes; license and regulation; certain organizations exempt.
39-942 License in effect on effective date of act continued in effect; exceptions.
39-944 Injunctions and other process.
39-945 Correction orders; issuance; contents.
39-947 Appeals to secretary; hearing; disposition of civil penalties.
39-947a Informal dispute resolution; written request; procedure.
39-948 Appeals to district court; disposition of civil penalties.
39-951 Authority granted under act additional and not limiting.
39-952 Correction order not issued, when.
39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
39-955 Filing application for receivership; contents.
39-956 Service of copies of application for receivership; posting in adult care home.
39-957 Answer to application for receivership.
39-959 Powers and duties of receiver.
39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
39-962 Supervision of district court; final accounting; removal.
39-964 Procedures for and review and enforcement of administrative actions.
39-965 Penalties for violations posing serious physical harm to resident.
39-967 Skilled nursing home or intermediate nursing care home means nursing facility.
39-969 Criminal history record information.
39-973 Operator registration act.
39-975 Same; registration of operators; rules and regulations.
39-976 Same; operator registration on adult care home administrator license required.
39-977 Same; waiver of registration requirements, when.
39-978 Same; registration renewal.
39-979 Same; fees; health occupations credentialing fee fund.