39-1603. Powers and duties of secretary of social and rehabilitation services.
39-1603
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 planto meet the needs of persons who have mental illness;
(b) to evaluate and coordinate all programs, services and facilities forpersons who have mental illness presently provided by agencies receivingstate and federal funds and to make appropriate recommendations regardingsuch services, programs and facilities to the governor and the legislature;
(c) to evaluate all programs, services and facilities within the state forpersons who have mental illness and determine the extent to which presentpublic or private programs, services and facilities meet the needs of such persons;
(d) to solicit, accept, hold and administer on behalf of the state anygrants, devises or bequests of money, securities or property to the stateof Kansas for services to persons who have mental illness or purposes related thereto;
(e) to provide consultation and assistance to communities and groupsdeveloping local and area services for persons who have mental illness;
(f) to assist in the provision of services for persons who are mentallyill in local communities whenever possible, with primary control andresponsibility 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 whichprovide that, within the limits of appropriations therefor, no person shallbe inappropriately denied necessary mental health services from any mentalhealth center or state psychiatric hospital and that each targetedpopulation member shall be provided such services in the least restrictive manner;
(h) to establish and implement policies and procedures within theprograms and activities of the department of social and rehabilitationservices so that funds from the state shall follow persons who are mentallyill from state facilities into community programs;
(i) to provide the least restrictive treatment and most appropriatecommunity based care as well as rehabilitation for Kansas residents who arementally ill persons through coordinated utilization of the existingnetwork of mental health centers and state psychiatric hospitals;
(j) to establish standards for the provision of community supportservices and for other community based mental health services provided bymental health centers in consultation with representatives of mental healthcenters, consumers of mental health services and family members of consumers ofmental health services;
(k) to assure the establishment of specialized programs within eachmental health center throughout the state in order to provide appropriatecare for designated targeted population members;
(l) to establish service requirements for programs within mental healthcenters which will ensure that targeted population members receive the mosteffective community treatment possible;
(m) to ensure the development and continuation of high quality communitybased mental health services, including programs for targeted population members,in eachmental health center service delivery area through the provision oftechnical assistance, consultation and funding;
(n) to establish standards for the provision of community based mentalhealth programs through community programs in consultation withrepresentatives of mental health centers, private and public serviceproviders, families and consumer advocates;
(o) to monitor the establishment and the continuing operation ofall state funded community based mental health services to ensure thatprograms providing these services comply with established standards;
(p) to review and approve the annual coordinated services planof each mental health center during each fiscal year ending after June 30,1991, and to withhold state funds from any mental health center which isnot being administered substantially in accordance with the provisions ofthe annual coordinated services plan and budget submitted to the secretaryby the mental health center;
(q) to establish state policies for the disbursement of federal fundswithin the state and for state administration of federal programs providingservices or other assistance to persons who have mental illness consistentwith relevant federal law, rules and regulations, policies and procedures;
(r) to adopt rules and regulations to ensure the protection of personsreceiving mental health services, which shall include an appeal procedureat the state and local levels;
(s) to establish procedures and systems to evaluate the results andoutcomes pursuant to K.S.A. 39-1610 and amendments thereto andas otherwise provided for under this act; and
(t) to adopt such rules and regulations as may be necessary to administerthe provisions of K.S.A. 39-1601 through 39-1612 and amendmentsthereto which are consistent with appropriations available for theadministration of such provisions.
History: L. 1990, ch. 92, § 3; July 1.