65-4413. State participation in financing; grants, computation of amounts; rules and regulations; payments, when; proration of insufficient funds. - Kansas Statutes

65-4413

Chapter 65.--PUBLIC HEALTH Article 44.--COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION ASSISTANCE

      65-4413.   State participation in financing; grants, computation ofamounts; rules and regulations; payments, when; proration of insufficient funds.(a) For the purpose of insuring that adequate community mental retardationservices are available to all inhabitants of Kansas, the state shallparticipate in the financing of community mental retardation facilities inthe manner provided by this section.

      (b)   Subject to the provisions of appropriations acts and the provisionsof K.S.A. 65-4414 and amendments thereto, the secretaryshall make grants to community mental retardation facilities based onfull-time equivalent clients served and per diem amounts per client asprovided in this section. The secretary, in accordance with theprovisions of this section, shall adopt rules and regulations (1)defining full-time equivalent clients and prescribing the method ofcomputing full-time equivalent clients and (2) establishing statewide perdiem amounts per client for the purposes of determining grants to communitymental retardation facilities. A client accepted for a program by a facilityon andafter July 1, 1987, shall constitute a full-time equivalent client only ifthe client was accepted by the facility on a first-come, first-serve basisin order of the time at which an application for admission was made to suchfacility on behalf of the client, except that a client accepted for aprogram by a facility on other thana first-come, first-serve basis because of a family crisis occasioned byfamily circumstancesshall constitute a full-time equivalent client.The secretary shall adopt rules and regulations to define theparameters for agency boards of directors to follow in identifying "familycrisis occasioned by family circumstances." Such rules and regulationsshall require that each agency board of directors establish standards andguidelines, within parameters defined by the rules and regulations, whichare consistent with the needs of clients and their families. The standardsand guidelines established by the agency board of directorsshall specify tothe extent known the types of family crises most likely to necessitateadmission to a facility and shall establish criteria for determining theappropriateness of such admission. In addition the rules and regulationsshall establish procedures for review by the secretary of theappropriateness of any such admission.

      (c)   The secretary shall make grant payments each calendar quarter. Subject tothe provisions of K.S.A. 65-4414 andamendments thereto: (1)The first year of per diempayments made under this section shall be based on the number of clientsserved during the base calendar year 1983; and (2) payments in subsequent yearsshall be based on actual clients served duringthe calendar year immediately preceding the year in which suchgrant payments are to be made. In the event that sufficientmoneys to pay to all community mental retardation facilities the fullamount of grant payments determined in accordance with the number of actualclients served thereby and the current per diem amounts per client for anycalendar quarter have not been appropriated or are not available, theentire amount available such calendar quarter for grant payments shall beprorated by the secretary among all the community mental retardationfacilities applying for such grant payments in proportion to the amounteach such community mental retardation facility would have received ifsufficient moneys had been appropriated and available therefor, subject tothe provisions of K.S.A. 65-4414 and amendments thereto. A client funded by special state funding shall not constitute a clientfor purposes of per diem funding under this section.

      (d)   The secretary shall adopt rules and regulations for theadministration of the provisions of the Kansas community mental retardationfacilities assistance act.

      History:   L. 1986, ch. 245, § 3;L. 1987, ch. 250, § 2; July 1.