Kansas
KS ST
§ 39-1602-1612 CHAPTER 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT
PERSONS; SOCIAL WELFARE ARTICLE 16.--MENTAL HEALTH REFORM
39-1602. Definitions.
As used in K.S.A. 39-1601 through 39-1612 and amendments thereto:
(a) "Targeted population" means
the population group designated by rules and regulations of the secretary as
most in need of mental health services which are funded, in whole or in part,
by state or other public funding sources, which group shall include adults with
severe and persistent mental illness, severely emotionally disturbed children
and adolescents, and other individuals at risk of requiring institutional care.
(b) "Community based mental health
services" includes, but is not limited to, evaluation and diagnosis, case
management services, mental health inpatient and outpatient services,
prescription and management of psychotropic medication, prevention, education,
consultation, treatment and rehabilitation services, twenty-four-hour emergency
services, and any facilities required therefor, which are provided within one
or more local communities in order to provide a continuum of care and support
services to enable mentally ill persons, including targeted population members,
to function outside of inpatient institutions to the extent of their
capabilities. Community based mental health services also include assistance in
securing employment services, housing services, medical and dental care, and
other support services.
(c) "Mental health center" means
any community mental health center organized pursuant to the provisions of K.S.A. 19-4001 to 19-4015, inclusive,
and amendments thereto, or mental health clinic organized pursuant to the
provisions of K.S.A. 65-211
to 65-215,
inclusive, and amendments thereto, and licensed in accordance with the
provisions of K.S.A. 75-3307b
and amendments thereto.
(d) "Secretary" means the
secretary of social and rehabilitation services.
(e) "Department" means the
department of social and rehabilitation services.
(f) "State psychiatric hospital"
means Osawatomie state hospital, Rainbow mental health facility, Topeka state
hospital or Larned state hospital.
(g) "Mental health reform phased
program" means the program in three phases for the implementation of
mental health reform in Kansas as follows:
(1) The first phase covers the counties in
the Osawatomie state hospital catchment area and is to commence on July 1,
1990, and is to be completed by June 30, 1994;
(2) the second phase covers the counties in
the Topeka state hospital catchment area and is to commence on July 1, 1992,
and is to be completed by June 30, 1996; and
(3) the third phase covers the counties in
the Larned state hospital catchment area and is to commence on July 1, 1993,
and is to be completed by June 30, 1997.
(h) "Screening" means the process
performed by a participating community mental health center, pursuant to a
contract entered into with the secretary under K.S.A. 39-1610 and amendments thereto, to
determine whether a person, under either voluntary or involuntary procedures,
can be evaluated or treated, or can be both evaluated and treated, in the
community or should be referred to the appropriate state psychiatric hospital
for such treatment or evaluation or for both treatment and evaluation.
(i) "Osawatomie state hospital
catchment area" means, except as otherwise defined by rules and
regulations of the secretary adopted pursuant to K.S.A. 39-1613 and amendments thereto, the
area composed of the following counties: Allen, Anderson, Atchison, Bourbon,
Butler, Chautauqua, Cherokee, Cowley, Crawford, Elk, Franklin, Jefferson,
Johnson, Labette, Leavenworth, Linn, Miami, Montgomery, Neosho, Wilson, Woodson
and Wyandotte.
(j) "Topeka state hospital catchment
area" means, except as otherwise defined by rules and regulations of the
secretary adopted pursuant to K.S.A.
39-1613 and amendments thereto, the area composed of the
following counties: Brown, Chase, Clay, Cloud, Coffey, Dickinson, Doniphan,
Douglas, Ellsworth, Geary, Greenwood, Harvey, Jackson, Jewell, Lincoln, Lyon,
Marion, Marshall, McPherson, Mitchell, Morris, Nemaha, Osage, Ottawa,
Pottawatomie, Republic, Riley, Saline, Sedgwick, Shawnee, Wabaunsee and
Washington.
(k) "Larned state hospital catchment
area" means, except as otherwise defined by rules and regulations of the
secretary adopted pursuant to K.S.A.
39-1613 and amendments thereto, the area composed of the
following counties: Barber, Barton, Cheyenne, Clark, Comanche, Decatur,
Edwards, Ellis, Finney, Ford, Gove, Graham, Grant, Gray, Greeley, Hamilton,
Harper, Haskell, Hodgeman, Kearny, Kingman, Kiowa, Lane, Logan, Meade, Morton,
Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlins, Reno, Rice, Rooks,
Rush, Russell, Scott, Seward, Sheridan, Sherman, Smith, Stafford, Stanton,
Stevens, Sumner, Thomas, Trego, Wallace and Wichita.
(l) "Catchment area" means the
Osawatomie state hospital catchment area, the Topeka state hospital catchment
area or the Larned state hospital catchment area.
(m) "Participating mental health
center" means a mental health center which has entered into a contract
with the secretary of social and rehabilitation services to provide screening,
treatment and evaluation, court ordered evaluation and other treatment services
pursuant to the care and treatment act for mentally ill persons, in keeping
with the phased concept of the mental health reform act.
39-1603. Powers and duties
of secretary of social and rehabilitation services.
In addition to powers and
duties otherwise provided by law, the secretary shall have the following powers
and duties:
(a) To function as the sole
state agency to develop a comprehensive plan to meet the needs of persons who
have mental illness;
(b) to evaluate and coordinate
all programs, services and facilities for persons who have mental illness
presently provided by agencies receiving state and federal funds and to make
appropriate recommendations regarding such services, programs and facilities to
the governor and the legislature;
(c) to evaluate all programs,
services and facilities within the state for persons who have mental illness
and determine the extent to which present public or private programs, services
and facilities meet the needs of such persons;
(d) to solicit, accept, hold
and administer on behalf of the state any grants, devises or bequests of money,
securities or property to the state of Kansas for services to persons who have
mental illness or purposes related thereto;
(e) to provide consultation
and assistance to communities and groups developing local and area services for
persons who have mental illness;
(f) to assist in the provision
of services for persons who are mentally ill in local communities whenever
possible, with primary control and responsibility for the provision of services
with mental health centers, and to assure that such services are provided in
the least restrictive environment;
(g) to adopt rules and
regulations for targeted population members which provide that, within the
limits of appropriations therefor, no person shall be inappropriately denied
necessary mental health services from any mental health center or state
psychiatric hospital and that each targeted population member shall be provided
such services in the least restrictive manner;
(h) to establish and implement
policies and procedures within the programs and activities of the department of
social and rehabilitation services so that funds from the state shall follow
persons who are mentally ill from state facilities into community programs;
(i) to provide the least
restrictive treatment and most appropriate community based care as well as
rehabilitation for Kansas residents who are mentally ill persons through
coordinated utilization of the existing network of mental health centers and
state psychiatric hospitals;
(j) to establish standards for
the provision of community support services and for other community based
mental health services provided by mental health centers in consultation with
representatives of mental health centers, consumers of mental health services
and family members of consumers of mental health services;
(k) to assure the
establishment of specialized programs within each mental health center
throughout the state in order to provide appropriate care for designated
targeted population members;
(l) to establish service
requirements for programs within mental health centers which will ensure that
targeted population members receive the most effective community treatment
possible;
(m) to ensure the development
and continuation of high quality community based mental health services,
including programs for targeted population members, in each mental health
center service delivery area through the provision of technical assistance,
consultation and funding;
(n) to establish standards for
the provision of community based mental health programs through community
programs in consultation with representatives of mental health centers, private
and public service providers, families and consumer advocates;
(o) to monitor the
establishment and the continuing operation of all state funded community based
mental health services to ensure that programs providing these services comply
with established standards;
(p) to review and approve the
annual coordinated services plan of each mental health center during each
fiscal year ending after June 30, 1991, and to withhold state funds from any
mental health center which is not being administered substantially in
accordance with the provisions of the annual coordinated services plan and
budget submitted to the secretary by the mental health center;
(q) to establish state
policies for the disbursement of federal funds within the state and for state
administration of federal programs providing services or other assistance to
persons who have mental illness consistent with relevant federal law, rules and
regulations, policies and procedures;
(r) to adopt rules and
regulations to ensure the protection of persons receiving mental health
services, which shall include an appeal procedure at the state and local
levels;
(s) to establish procedures
and systems to evaluate the results and outcomes pursuant to K.S.A. 39-1610 and amendments thereto and as otherwise provided
for under this act; and
(t) to adopt such rules and regulations as
may be necessary to administer the provisions of K.S.A. 39-1601 through 39-1612 and
amendments thereto which are consistent with appropriations available for the
administration of such provisions
39-1604. Secretary of
social and rehabilitation services to adopt state assessment of needs; plan to
develop and operate a state system; development by mental health centers of
community assessment of needs and plan for community based services; annual
review and update of assessment of needs and plan; coordinated services plan.
(a) On or before October 1,
1991, and in accordance with rules and regulations adopted under K.S.A. 39-1603 and amendments thereto, the secretary shall
develop and adopt a state assessment of needs and a plan to develop and operate
a state system to provide mental health services for persons who are residents
of Kansas, including all targeted population members designated by rules and
regulations adopted by the secretary. The plan for the state system shall
include coordinating and assisting in the provision of community based mental
health services in the service delivery areas of mental health centers,
including the services provided by state psychiatric hospitals and the
provision of state financial assistance. On or before March 1, 1992, the
secretary shall adopt a state plan for an integrated system to coordinate and
assist in the provision of community based mental health services within
Kansas. The assessment of needs and plan for the state shall be reviewed and
updated by the secretary on an annual basis.
(b) The secretary shall assist and
coordinate the development by each mental health center of a community
assessment of needs and a plan for the community system to provide community
based mental health services for persons who reside in the service delivery
area of the mental health center, including all targeted population members.
The secretary shall review and approve, or return, with recommendations for
revision and resubmittal, all such assessments of needs and plans in accordance
with criteria prescribed by rules and regulations adopted under K.S.A. 39-1603 and
amendments thereto. If necessary services for a service delivery area cannot be
provided by the mental health center or in order to ensure that a continuum of
services will be provided in a service delivery area, the secretary may require
the provision of services for a service delivery area through contracts between
two or more mental health centers.
(c) Each mental health center shall
annually review and update such assessment of needs and plan for the service
delivery area. If the assessment of needs or the plan for the community system
to provide community based mental health services are not in compliance with
the criteria prescribed by rules and regulations under K.S.A. 39-1603 and
amendments thereto, the secretary shall withhold all or part of the state
financial assistance provided to the mental health center.
(d) On or before October 1, 1991, and
annually on or before such date thereafter, each mental health center shall
submit a coordinated services plan addressing the service needs of the targeted
population to the secretary of social and rehabilitation services for review
and approval. The annual coordinated services plan shall be developed according
to the standards established by rules and regulations adopted by the secretary
of social and rehabilitation services.
39-1605. Governor's mental
health services planning council; composition of council; chairperson; terms of
members; vacancies; vice-chairperson; compensation.
(a) There is hereby
established the governor's mental health services planning council. The council
shall consist of 25 members.
(b) So the composition of the
council is in compliance with the requirements of public law 102-321 and supplementary federal acts, persons appointed
to the council will be in accordance with the following:
(1) Nine members shall be state agency
representatives who shall include:
(A) The commissioner of mental health and
developmental disabilities;
(B) the secretary of social and
rehabilitation services shall appoint one member for each of the following
areas: vocational rehabilitation, alcohol and drug abuse services, medical
services and children and family services;
(C) the commissioner of juvenile justice;
(D) the commissioner of education;
(E) the secretary of corrections; and
(F) the secretary of commerce. If a
commissioner or secretary is unable to participate, the commissioner or
secretary shall appoint a designee as the official member of the council.
(2) The governor shall appoint the
following persons to the council:
(A) One member shall be a person licensed
to practice medicine and surgery with board certification in psychiatry;
(B) two members shall be executive
directors of mental health centers; and
(C) 13 members shall be individuals who are
not state employees or providers of mental health services. Of the 13 members,
four members shall be adult consumers with serious and persistent mental
illness; three members shall be immediate family members of adult consumers
with serious and persistent mental illnesses; four members shall be family
members of minor children or youth with severe emotional disturbances; and two
members shall be members of the general public.
(c) The terms of members who are currently
serving on the council shall expire on the effective date of this act. At that
time, appointees of the governor under subsection (b)(2) shall be appointed to
the council by the governor with 1/2 appointed for a term of two years and the
other 1/2 for a term of four years as specified by the governor. Thereafter,
each member appointed to the council by the governor shall be appointed for a
term of four years.
(d) Each member of the council shall serve
until a successor is appointed and qualified. In the case of a vacancy on the
council, a successor of like qualifications shall be appointed or designated to
fill the unexpired term in accordance with subsections (b)(1) and (2).
(e) The governor shall designate the
chairperson of the council. The members of the council shall elect a
vice-chairperson.
(f) Members of the governor's mental health
services planning council attending meetings of the council, or attending a
subcommittee meeting thereof authorized by the council, shall be paid amounts
provided in subsection (e) of K.S.A.
75-3223 and amendments thereto.
39-1606. Meetings of
governor's mental health services planning council; duties of council; visits
to state psychiatric hospitals and other providers; annual reports.
(a) The governor's mental
health services planning council shall hold regular quarterly meetings and such
other meetings as the chairperson of such council deems advisable, and in
addition shall meet at such other times upon the call of the secretary.
(b) It is the duty of the
governor's mental health services planning council to:
(1) Confer, advise and consult
with the secretary with respect to the policies governing the management and
operation of all state psychiatric hospitals and facilities and community based
mental health services;
(2) serve as an advocate for
targeted population members and other individuals with mental illness or
emotional problems;
(3) monitor, review and
evaluate, not less than once each year, the allocation and adequacy of mental
health services within the state;
(4) perform such other
planning , reviewing and evaluating of mental health services in this state, as
may be requested by the secretary or as may be prescribed by law; and
(5) consult with and advise
the governor, from time to time, with reference to the management, conduct and
operation of state psychiatric hospitals and mental health programs.
(c) A member or members of the
governor's mental health services planning council, at least once each year,
shall visit each state psychiatric hospital and may visit other providers of
community based mental health services for the purpose of inspecting the state
psychiatric hospital, mental health center or the facility of other such
providers of community based mental health services. Such visits shall be made
at such times and in such manner as the council determines at a regular
meeting.
(d) The governor's mental
health services planning council shall make annual reports to the governor and
the members of the legislature and may make such recommendations as it deems
advisable for appropriate legislation.
39-1607. Mental health and
developmental disabilities; certain powers, duties and functions.
All those powers, duties,
functions of adult services, which were part of the adult services community
and day living program, or similar programs prior to March 1, 1991, and which
provide mental health services to persons, including persons residing in
intermediate care facilities that provide mental health services, are powers,
duties and functions of mental health and developmental disabilities.
39-1608.
Mental health centers to develop community assessment of needs and plan to
provide community based mental health services; approval by secretary; annual
reviews and reports; amendments to plan; rules and regulations; guidelines for
conduct of assessments of need, for development and operation of system of
services and for periodic reporting to the secretary.
(a) On or before October 1, 1991,
and in accordance with rules and regulations adopted by the secretary each
mental health center shall prepare and adopt a community assessment of needs
and a plan to provide community based mental health services for persons who
are residents of the service delivery area of the mental health center and
shall submit such assessment of needs and plan to the secretary for approval.
Among other provisions, such plan shall include the provision of services to
all targeted population members who apply therefor.
(b) Each mental health center
shall conduct annual reviews of the community assessment of needs for the
service delivery area and shall report annually to the secretary the results of
such reviews and any amendments to the community assessment of needs or the
plan to provide community based mental health services which are adopted. The amendments
to such plan shall be subject to approval by the secretary in accordance with
criteria prescribed by rules and regulations adopted by the secretary.
(c) Prior to October 1, 1991, the
secretary shall adopt rules and regulations prescribing guidelines for the
conduct of community assessments of need, for the development and operation of
systems to provide community based mental health services within the service
delivery area of the mental health center, and for periodic reporting to the
secretary on the operations under such systems in accordance with this act.
39-1609. Provision of
community based mental health services; technical and financial assistance.
(a) Each mental health center
may provide community based mental health services under the system established
in accordance with this act and approved by the secretary either by directly
providing such services or by providing such services through contracts with
service providers, including other mental health centers, or both directly and
through contracts with such service providers.
(b) Subject to and in
accordance with the provisions of this act and appropriations acts, the
secretary shall assist in the establishment and development of community based
mental health services in each county by providing counties and mental health
centers with technical assistance and financial assistance.
39-1610. Participating
mental health centers; services provided; disbursement of funds for services;
mental health reform phased program; admission and discharge criteria for
patients; contracts for nonclinical services.
(a) Prior to January 1, 1991,
for the Osawatomie state hospital catchment area, prior to July 1, 1992, for
the Topeka state hospital catchment area and prior to July 1, 1993, for the
Larned state hospital catchment area, the secretary shall enter into contracts
with mental health centers so that there is a participating mental health
center for each area of the state. Each participating mental health center
entering into a contract with the secretary under this section shall provide
screening, treatment and evaluation, court ordered evaluation and other
treatment services pursuant to the care and treatment act for mentally ill
persons.
(b) Subject to the provisions
of this act and appropriations acts, the secretary shall administer and
disburse funds to each mental health center for the coordination and provision
of mental health services for all persons who are residents of the service
delivery area of such mental health center.
(c) Subject to and in
accordance with the provisions of this act and appropriations acts, the
secretary shall undertake, in cooperation with participating mental health
centers, the establishment and implementation of the mental health reform
phased program.
(1) Beginning with the
Osawatomie state hospital catchment area, the secretary shall enter into
contracts with participating mental health centers to reduce the rated bed
capacity of the Osawatomie state hospital as follows:
(A) One unit of 20 to 30 beds
for adults shall be closed by June 30, 1991;
(B) by June 30, 1992, an
additional unit or units comprising 20 to 30 beds shall be closed for
adolescents; and
(C) by June 30, 1993, an
additional unit or units comprising 20 to 30 adult beds shall be closed.
(2) For the Topeka state
hospital catchment area, the secretary shall enter into contracts with
participating mental health centers to reduce the rated bed capacity of Topeka
state hospital as follows:
(A) One or more units
comprising 20 to 30 adolescent beds shall be closed by June 30, 1993;
(B) an additional unit or
units comprising 20 to 30 adult beds shall be closed by June 30, 1994; and
(C) an additional unit or
units comprising 20 to 30 adult beds shall be closed by June 30, 1995.
(3) For the Larned state
hospital catchment area, the secretary shall enter into contracts with
participating mental health centers to reduce the rated bed capacity of Larned
state hospital by closing one or more units comprising 20 to 30 adult beds in
each of the fiscal years ending June 30, 1994, June 30, 1995, and June 30,
1996.
(d) The staff of each state
psychiatric hospital and the staff of the participating mental health centers
in the catchment area of the state psychiatric hospital shall develop and
implement admission and discharge criteria for all patients. The provisions of
this section shall be incorporated into all contracts entered into between the
secretary and the participating mental health centers.
(e) A participating mental
health center may expend funds received from the secretary to contract with a
contracting agency for the purchase of administrative, financial and other
nonclinical services from such contracting agency as may be needed to assist
the participating mental health center to carry out the provisions of the
contract entered into by the center with the secretary.
39-1611. Pilot project to
provide psychiatric and substance abuse services for medicaid eligible
residents less than 21 years of age; contract for such services; reports and
information.
Subject to applicable federal
guidelines and regulations and the provisions of appropriations acts, the
secretary shall negotiate and enter into a contract for a pilot project to be
conducted during the fiscal year ending June 30, 1992. If the secretary
conducts a pilot project under this section, the pilot project may be conducted
to provide the medicaid services related to psychiatric and substance abuse
services for Kansas medicaid eligible residents who are less than 21 years of
age on the basis of a described set of such services to a predetermined
population as prescribed by the contract. The contract shall not be subject to
the competitive bid requirements of K.S.A. 75-3739 and amendments thereto.
The services to be provided for such residents under the contract shall include
but not be limited to case management services, day treatment, outpatient
services and emergency services. The contract may be entered into by the
secretary with a single mental health center or with a contracting agency to provide
such services through a mental health center or other qualified service
providers, or both, within an area of Kansas determined by the secretary. In
determining the location of the pilot project and the area in which such
services shall be provided, the secretary shall consider both those areas in
which such services are being provided currently for such residents by mental
health centers and those areas of Kansas in which such services can be provided
for such residents at the time the pilot project is to commence under the
contract. The secretary shall submit a preliminary report on the results of the
pilot project to the committee on ways and means of the senate and the
committee on appropriations of the house of representatives at the beginning of
the 1992 regular session of the legislature. The secretary shall submit
additional reports and information regarding the pilot project as requested by
such committees during such legislative session.
39-1612. Act does not
require mental health centers to make expenditures not approved by governing
board of center.
Nothing in the mental health
reform act shall authorize the secretary or the department of social and
rehabilitation services to require that mental health centers make expenditures
other than expenditures approved for the mental health center by the governing
board of the center.
39-1613. Catchment areas
for state psychiatric hospitals; rules and regulations, guidelines.
(a) The secretary of social
and rehabilitation services is hereby authorized to adopt rules and regulations
to define and redefine the Osawatomie state hospital catchment area, Topeka
state hospital catchment area and Larned state hospital catchment area as may
be necessary in the opinion of the secretary of social and rehabilitation
services to accommodate shifts in populations in need of mental health services
within available community mental health facility and state institution
capacities and resources and in accordance with the following:
(1) Each such catchment area shall
be defined by contiguous counties that are designated by name;
(2) no county shall be
included in more than one such catchment area;
(3) each county shall be
included in the Osawatomie state hospital catchment area, Topeka state hospital
catchment area or Larned state hospital catchment area; and
(4) No designated community
mental health center shall be included in more than one such catchment area.
(b) Each rule and regulation
adopted, amended or revived under this section shall be published in its
entirety in the Kansas register in the first issue published after such
adoption, amendment or revival.