65-180. Educational, screening, testing and follow-up program concerning phenylketonuria, congenital hypothyroidism, galactosemia, maple syrup urine disease and certain other genetic diseases; registry of cases; food and treatment products; reimbursement of cost; eligibility; newborn screening programs; newborn screening fund; transfers from medical assistance fee fund; limitations. The secretary of health and environment shall:
(a) Institute and carry on an intensive educational program among physicians, hospitals, public health nurses and the public concerning congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases detectable with the same specimen. This educational program shall include information about the nature of such conditions and examinations for the detection thereof in early infancy in order that measures may be taken to prevent intellectual disability or morbidity resulting from such conditions.
(b) Provide recognized screening tests for phenylketonuria, galactosemia, hypothyroidism and such other diseases as may be appropriately detected with the same specimen. The initial laboratory screening tests for these diseases shall be performed by the department of health and environment or its designee for all infants born in the state. Such services shall be performed without charge.
(c) Provide a follow-up program by providing test results and other information to identified physicians; locate infants with abnormal newborn screening test results; with parental consent, monitor infants to assure appropriate testing to either confirm or not confirm the disease suggested by the screening test results; with parental consent, monitor therapy and treatment for infants with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria or other genetic diseases being screened under this statute; and establish ongoing education and support activities for individuals with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases being screened under this statute and for the families of such individuals.
(d) Maintain a registry of cases including information of importance for the purpose of follow-up services to prevent intellectual disability or morbidity.
(e) Provide, within the limits of appropriations available therefor, the necessary treatment product for diagnosed cases for as long as medically indicated, when the product is not available through other state agencies. In addition to diagnosed cases under this section, diagnosed cases of maple syrup urine disease shall be included as a diagnosed case under this subsection. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual meets medicaid eligibility, such individuals' needs shall be covered under the medicaid state plan. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual is not medicaid eligible, but is below 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of between 50% to 100% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual exceeds 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of an amount not to exceed 50% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment.
(f) Provide state assistance to an applicant pursuant to subsection (e) only after it has been shown that the applicant has exhausted all benefits from private third-party payers, medicare, medicaid and other government assistance programs and after consideration of the applicant's income and assets. The secretary of health and environment shall adopt rules and regulations establishing standards for determining eligibility for state assistance under this section.
(g) (1) Except for treatment products provided under subsection (e), if the medically necessary food treatment product for diagnosed cases must be purchased, the purchaser shall be reimbursed by the department of health and environment for costs incurred up to $1,500 per year per diagnosed child age 18 or younger at 100% of the product cost upon submission of a receipt of purchase identifying the company from which the product was purchased. For a purchaser to be eligible for reimbursement under this subsection, the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 300% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services.
(2) As an option to reimbursement authorized under subsection (g)(1), the department of health and environment may purchase food treatment products for distribution to diagnosed children in an amount not to exceed $1,500 per year per diagnosed child age 18 or younger. For a diagnosed child to be eligible for the distribution of food treatment products under this subsection, the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 300% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services.
(3) In addition to diagnosed cases under this section, diagnosed cases of maple syrup urine disease shall be included as a diagnosed case under this subsection.
(h) The department of health and environment shall continue to receive orders for both necessary treatment products and necessary food treatment products, purchase such products, and shall deliver the products to an address prescribed by the diagnosed individual. The department of health and environment shall bill the person or persons who have legal responsibility for the diagnosed patient for a pro-rata share of the total costs, in accordance with the rules and regulations adopted pursuant to this section.
(i) The secretary of health and environment shall adopt rules and regulations as needed to require, to the extent of available funding, newborn screening tests to screen for treatable disorders listed in the core uniform panel of newborn screening conditions recommended in the 2005 report by the American college of medical genetics entitled "Newborn Screening: Toward a Uniform Screening Panel and System" or another report determined by the department of health and environment to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable disorders.
(j) In performing the duties under subsection (i), the secretary of health and environment shall appoint an advisory council to advise the department of health and environment on implementation of subsection (i).
(k) The department of health and environment shall periodically review the newborn screening program to determine the efficacy and cost effectiveness of the program and determine whether adjustments to the program are necessary to protect the health and welfare of newborns and to maximize the number of newborn screenings that may be conducted with the funding available for the screening program.
(l) There is hereby established in the state treasury the Kansas newborn screening fund that shall be administered by the secretary of health and environment. All expenditures from the fund shall be for the newborn screening program. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee. On July 1 of each year, the director of accounts and reports shall determine the amount credited to the medical assistance fee fund pursuant to K.S.A. 40-3213, and amendments thereto, and shall transfer the estimated portion of such amount that is necessary to fund the newborn screening program for the ensuing fiscal year as certified by the secretary of health and environment or the secretary's designee to the Kansas newborn screening fund. Such amount shall not exceed $2,500,000 in any one fiscal year, except that such amount shall not exceed $5,000,000 in fiscal years 2021 and 2022.
History: L. 1965, ch. 388, § 1; L. 1974, ch. 352, § 49; L. 1977, ch. 213, § 1; L. 1984, ch. 223, § 1; L. 1985, ch. 205, § 1; L. 1994, ch. 262, § 4; L. 1997, ch. 117, § 1; L. 2006, ch. 158, § 1; L. 2007, ch. 177, § 23; L. 2012, ch. 91, § 39; L. 2012, ch. 114, § 1; L. 2017, ch. 94, § 6; L. 2020, ch. 5, § 160; L. 2021, ch. 98, § 174; May 17.
Structure Kansas Statutes
Article 1 - Secretary Of Health And Environment, Activities
65-102 Registration of vital statistics and diseases; forms.
65-102b Confidentiality of information concerning noninfectious diseases; disclosure.
65-103 Special sanitary service.
65-103a Authority to receive federal or other funds.
65-103b Federal title X funding priorities for family planning services.
65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
65-116c Precautions to prevent spread of infection, when; investigations.
65-116d Failure to do required acts; proceedings by county attorney.
65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.
65-116g Penalty for violations of act or regulations.
65-116h Preservation of individual rights.
65-116i Expenses of care, maintenance and treatment; payment from state funds.
65-116l Use of funds for care, maintenance or treatment; limitations.
65-116m Recovery of cost of care, maintenance or treatment from third parties.
65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.
65-126 Quarantine of city, township or county.
65-129 Penalties for unlawful acts.
65-129d Same; unlawful discharge from employment.
65-153 Child hygiene; duties of division of public health.
65-153b Newly born infant; treatment of eyes.
65-153c Same; duty of physician and others.
65-153d Same; rules and regulations.
65-153e Same; penalty for violating 65-153b to 65-153e.
65-157 Same; analysis by office of laboratory services; disposition of fees.
65-159 Abatement of nuisances; failure to remove, penalties.
65-160 Same; duty of county attorney.
65-162a Public water supply systems; definitions.
65-163a Same; cessation of water delivery, when; order by secretary, judicial review.
65-163d Public water supply project loan program; definitions.
65-163g Same; project priority system development; priority list preparation, considerations.
65-163h Same; intended use plan for available moneys.
65-163l Same; authority to issue bonds.
65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
65-163o Same; issuance of refunding bonds.
65-163p Same; disposition of revenue derived from bond sales.
65-163q Same; income from bonds exempt from taxation.
65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.
65-163s Same; powers supplemental to other powers of the secretary; severability.
65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.
65-164 Sewage; definition; complaints, investigations, orders; administrative review.
65-166 Application for permit to discharge sewage.
65-166b Water program management fund.
65-169 Same; penalties for failure to comply with requirements of secretary.
65-170a Public water supply systems, water pollution, sewage discharge; "person" defined.
65-170b Same; access to properties and facilities; inspection and monitoring requirements.
65-170c Penalties for making false statement, representation or certification.
65-170d Public water supply systems; pollution violations; penalties; procedure; hearings.
65-170f Same; disposition of recovered penalties.
65-170g Disclosure of information; trade secrets; confidential information.
65-171a Stream pollution detrimental to animal or aquatic life.
65-171c Same; technical advisers.
65-171e Same; investigations, services and orders; fees.
65-171f Same; penalties for failure to comply with rules and regulations.
65-171g Protection of water and air from sewage contamination.
65-171h Minimum standards for sanitary water and sewage systems.
65-171i Feedlot law administration not affected by this act.
65-171j Discharge of substances containing mercury into waters of state prohibited; penalty.
65-171l Same; analyses to performed by laboratory certificated by secretary.
65-171n Same; development of emergency plans by secretary.
65-171o Public water supply systems; suppliers to provide notice, when; form of notice.
65-171r Same; prohibited acts.
65-171s Same; violation of standards; penalties; procedure; hearing; judicial review.
65-171t Same; attorney general to seek injunctive relief.
65-171x Application of acts to federal agencies.
65-171y Public water supply system regulation of lawn irrigation systems.
65-172 Sanitary supervision by secretary of health and environment.
65-173 Inspections; rules and regulations; penalty.
65-178 Same; nonliability for furnishing information for studies.
65-179 Same; unauthorized disclosure; penalty; construction of act.
65-181 Same; tests in accordance with rules and regulations of secretary.
65-182 Same; provisions inapplicable where parents object on religious grounds.
65-183 Same; report by physicians to secretary.
65-187 Powers and duties of secretary.
65-188 Enforcement of act; injunction, mandamus or quo warranto.
65-189e Act inapplicable to certain lands.
65-189f Rules and regulations providing for granting exceptions.
65-197 Advanced training for professional employees; payment of cost; rules and regulations.
65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty.
65-1,109a Certification of laboratories performing environmental analyses.
65-1,112 Spinal cord injury treatment program; components.
65-1,113 Health manpower planning; collection of information; confidentiality.
65-1,115 Contract for health data and information relating to diabetes mellitus.
65-1,116 Confidentiality of information; exceptions.
65-1,117 Penalty for disclosure of confidential information.
65-1,118 Act not to effect mode of treatment.
65-1,119 Rules and regulations.
65-1,121 Medication aides; continuing education; requirements; fees.
65-1,134 Rules and regulations.
65-1,135 Payment of claims in subsequent fiscal year; limitation.
65-1,159 Development and submission of proposal; components.
65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.
65-1,162 Educational program for health care providers regarding drugs.
65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.
65-1,164 Same; service coordination for woman and family.
65-1,166 Toll free information line.
65-1,168 Cancer registry; definitions.
65-1,169 Same; collection of data; rules and regulations; reporting of cases.
65-1,170 Same; uses of nonconfidential data.
65-1,172 Same; uses of confidential data.
65-1,174a Cancer screening program.
65-1,175 Surface water quality standards; definitions.
65-1,179 Permit application; public notice, comment, hearing; department action, when.
65-1,180 Required distances from water.
65-1,181 Manure management plan; lagoon standards; monitoring wells, when.
65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater.
65-1,183 Waste management system; standards for operators; failure or unplanned release.
65-1,184 Emergency response plan.
65-1,185 Retention of facility's records and plans.
65-1,186 Facility operator; certification; responsibility for employee training.
65-1,188 Dead animal handling plan.
65-1,189 Facility closure plan; demonstration of financial ability.
65-1,190 Lagoon closure plan; demonstration of financial ability.
65-1,192 Preexisting facilities; application of separation distances.
65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.
65-1,194 Application of certain standards to certain large facilities.
65-1,195 Kansas state university; duties.
65-1,196 Standards and requirements; application; powers of secretary of health and environment.
65-1,198 Rules and regulations; reports to legislature.
65-1,199 Rules and regulations for composting dead livestock.
65-1,203 Licensure or certification to perform lead-based paint activities.
65-1,204 Same; qualification requirements.
65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.
65-1,208 Noncompliance; notice; duty to meet compliance requirements.
65-1,209 Violations; criminal penalties.
65-1,211 Same; additional remedies.
65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.
65-1,213 Statutory audit privilege not applicable.
65-1,224 Environmental use control; application; requirements; approval or disapproval.
65-1,225 Same; recording with register of deeds; enforcement.
65-1,226 Same; funding requirements; categories of property.
65-1,227 Same; term; removal or expiration; modification; liability.
65-1,228 Same; restrictions or prohibitions.
65-1,230 Same; department oversight and tracking.
65-1,231 Environmental use control fund.
65-1,232 Rules and regulations.
65-1,233 Publication of approved use controls.
65-1,234 Review of agency actions.
65-1,242 Use of birth defects information system.
65-1,243 Confidentiality of records.
65-1,244 Removal of information from system; form.
65-1,245 Rules and regulations.
65-1,247 Expedited processing and issuance of certain permits.
65-1,248 Breastfeeding; where.
65-1,250 Umbilical cord donation information act.
65-1,251 Influenza immunization for children; awareness and participation.
65-1,252 Division of health care finance; director; officers and employees.
65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
65-1,255 Same; division successor to funds and liability.
65-1,256 Same; division successor to property and rights; conflict resolution.
65-1,259 Prenatal and postnatal diagnosed conditions awareness programs.