75-5951. Same; transfer of programs; rights saved in judicial and administrative actions and proceedings. (a) No suit, action or other proceeding, judicial or administrative, which pertains to any of the transferred long-term care programs, and which is lawfully commenced, or could have been commenced, by or against the secretary for children and families in such secretary's official capacity or in relation to the discharge of such secretary's official duties, shall abate by reason of the transfer of such programs. The secretary for aging and disability services shall be named or substituted as the defendant in place of the secretary for children and families in any suit, action or other proceeding involving claims arising from facts or events first occurring either on or before the date the pertinent program is transferred or on any date thereafter.
(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 Kansas department for children and families entered pursuant to K.S.A. 75-3306, and amendments thereto, or the Kansas judicial review act currently pertaining to any long-term care program transferred pursuant to this act shall be binding upon and applicable to the secretary for aging and disability services and the Kansas department for aging and disability services.
History: L. 1996, ch. 271, § 8; L. 2010, ch. 17, § 203; L. 2014, ch. 115, § 395; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 59 - Department For Aging And Disability Services
75-5904 Transfer of powers, duties and functions; preservation of orders and directives.
75-5907 Rights saved in legal actions and proceedings.
75-5908 Powers and duties of secretary.
75-5910 Appointment of subordinate officers and employees; duties and powers.
75-5911 Advisory council on aging; appointment of members.
75-5912 Same; terms of members.
75-5913 Same; chairperson; procedure; compensation; meetings.
75-5914 Advisory council on aging; powers and duties.
75-5926 Kansas senior care act; citation of act.
75-5927 Same; legislative findings and declaration.
75-5928 Same; programs authorized; powers and duties of secretary of aging; contracts.
75-5930 Same; screening and assessment.
75-5931 Same; rules and regulations.
75-5932 Same; contract requirements.
75-5933 Same; fees, guidelines.
75-5934 Same; area agencies on aging to negotiate for or broker services.
75-5936 Same; secretary authorized to apply for and receive funds.
75-5947 Same; contracts for services involving litigation.
75-5949 Same; transfer of appropriations, resources and obligations.
75-5950 Same; transfer of powers, duties and functions, continuation of authority.
75-5952 Same; transfer of programs; administrative hearings and judicial proceedings.
75-5953 Same; transfer of programs; governor to resolve conflicts.
75-5954 Same; transfer of programs; reports to governor and legislature.
75-5956 Same; accessibility of services; application; procedure.
75-5957 Same; eligibility requirements for institutional-based long-term care services.
75-5958 Nursing facility reimbursement rates.
75-5963 Community crisis stabilization centers fund; clubhouse model program fund.