65-4434. Grants; computation of amounts; proration of moneys; purchase of services; payments; basic level of services; governing body or local advisory committee. - Kansas Statutes

65-4434

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

      65-4434.   Grants; computation of amounts; proration of moneys; purchaseof services; payments; basic level of services; governing body or localadvisory committee.(a) Subject to the provisions of appropriation acts and the provisions ofK.S.A. 65-4436 and amendments thereto, the secretary shall makegrants in accordance with this section to mental health centers which areproviding the basic level of services in the service delivery area asrequired under subsection (f).

      (b) (1)   For the fiscal year ending June 30, 1989, the secretary shallmake grants under this section to each mental health center, which isproviding the basic level of services prescribed under subsection (f), asprovided in this subsection. Subject to the other provisions of thissubsection (b), the grants to each mental health center shall be based upon thetotal of:

      (A)   The mental health center's base grant which shall be the greater ofeither (i) the amount equal to the grant payments received by the mentalhealth center under this section for the previous fiscal year or (ii) theamount computed on the basis of $3.27 multiplied by the number of residentsin the service area of the mental health center as of July 1, 1985, ascertified by the division of the budget of the department of administrationto the secretary of state in July of, 1986, plus

      (B)   each mental health center's pro rata share of any additional moneys,including any inflation adjustments, appropriated for such purpose inaccordance with the base grant amounts so determined.

      (2)   If appropriations have been reduced from the previous fiscal year,the secretary shall prorate the available moneys based upon the grantpayments received by mental health centers for the fiscal year ending June 30, 1988.

      (c)   For the fiscal year ending June 30, 1990, and for subsequent fiscalyears, the secretary shall make grants to mental health centers as providedin this section, which are providing the basic level of services asprescribed under subsection (f) based upon the grant payments received byor for each mental health center for the previous fiscal year plus eachmental health center's pro rata share of any increase in moneys, includingany inflation adjustments, appropriated for such purpose, in accordancewith the grant payments received by or for the mental health center for theprevious fiscal year. If appropriations have been reduced from the previousfiscal year, the secretary shall prorate the available moneys based uponthe grant payments for each center which were received during such fiscal year.

      (d)   At the beginning of each fiscal year, the secretary shall determinethe amount of state funds due under this section to each mental healthcenter which has applied for such funds and which is providing the basiclevel of services as prescribed under subsection (f). The secretary, withthe consent of the governing board of a mental health center, may withholdfunds that would otherwise be allocated to the mental health center and usethe funds to match other funds for the purchase of services for the mentalhealth center. Any funds withheld that are not used to purchase servicesin the various mental health centers shall be allocated to the mentalhealth center from which such funds were originally withheld. In any casewhere a mental health center is not providing or has failed to continueproviding the basic level of services as prescribed under subsection (f),the secretary shall withhold all or part of any grant otherwise payable tothe mental health center, as warranted by the circumstances, until anydeficiencies are corrected and the mental health center is providing suchbasic level of services.

      (e)   The state funds due under this section to each mental health centerapplying therefor shall be paid in four quarterly installments if it isproviding the basic level of services prescribed under subsection (f). Themoneys received in any quarter may be used at any time during the year.Installments shall be paid as follows: (1) On July 1st for the quarterbeginning July 1 and ending September 30; (2) on October 1st for thequarter beginning October 1 and ending December 31; (3) on January 1st forthe quarter beginning January 1 and ending March 31; and (4) on April 1stfor the quarter beginning April 1 and ending June 30.

      (f)   The secretary shall adopt rules and regulations prescribing thebasic level of services to be provided by mental health centers, includingcriteria prescribing such services in terms of types of services providedand minimum staffing levels therefor.

      (g)   In order to be eligible for grants under this section or forspecial purpose grants under K.S.A. 65-4435 and amendmentsthereto, each mental health center shall have a governing body whichincludes consumers of mental health services or representatives of mentalhealth consumer groups and includes family members of mentally ill persons,except that, if the governing body of a mental health center is the boardof county commissioners, such mental health center shall have a localadvisory committee which includes consumers of mental health services orrepresentatives of mental health consumer groups and includes familymembers of mentally ill persons.

      History:   L. 1987, ch. 249, § 4; L. 1988, ch. 262, § 1; L.1990, ch. 92, § 33; Jan. 1, 1991.