39-7,160. Joint committee on home and community based services oversight; members; meetings; compensation and expenses.

39-7,160

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-7,160.   Joint committee on home and communitybased services oversight; members; meetings; compensation andexpenses.(a) There is hereby established the joint committee on homeand community basedservices oversight. The joint committee shall review the number of individualswho are transferredfrom state or private institutions and long-term care facilities to the homeand community basedservices and the associated cost savings and other outcomes of themoney-follows-the-person program. The joint committee shall review the fundingtargets recommendedby the interim reportsubmitted for the 2007 legislature by the joint committee on legislative budgetand use them asguidelines for the future funding planning and policy making. The jointcommittee shall haveoversight of savings resulting from the transfer of individuals from state orprivate institutions tohome and community based services. As used inK.S.A. 2009 Supp.39-7,159through 39-7,162, and amendments thereto, "savings" means the differencebetween the average cost of providing services for individuals in aninstitutional setting and the cost of providing services in a home andcommunity based setting. The joint committee shall study and determine theeffectiveness of the program and cost-analysis of the state institutions orlong-term care facilities based on the success of the transfer of individualsto home and community based services. The joint committee shall consider theissues of whether sufficient funding is provided for enhancement of wages andbenefits of direct individual care workers and their staff training and whetheradequate progress is being made to transfer individuals from the institutionsand to move them from the waiver waiting lists to receive home and communitybased services. The joint committee shall review and ensure that any proceedsresulting from the successful transfer be applied to the system of provision ofservices for long-term care and home and community based services.

      (b)   The joint committee shall consist of nine members as follows:(1) One member of the house of representatives appointed by the speaker of thehouse of representatives; (2) one member of the house of representativesappointed by the minority leader of the house of representatives; (3) onemember of the senate appointed by the president of the senate; (4) one memberof the senate appointed by the minority leader of the senate; (5) one member ofthe house of representatives appointed by the chairperson of the housecommittee on appropriations; (6) one member of the senate appointed by thechairperson of the senate committee on ways and means; (7) one member of thehouse of representatives appointed by the ranking minority member of the housecommittee on appropriations; (8) one member of the senate appointed by theranking minority member of the senate committee on ways and means; and (9) onemember of the house of representatives appointed by the majority leader of thehouse of representatives.

      (c)   Members shall be appointed for terms coinciding with the legislativeterms for whichsuch members are elected or appointed. All members appointed to fill vacanciesin the membership of the joint committee and all members appointed to succeedmembers appointed to membership on the joint committee shall be appointed inthe manner provided for the original appointment of the member succeeded. Thefirst meeting of the joint committee shall be held before August 1, 2008.

      (d)   The members originally appointed as members of the joint committee shallmeet upon the call of the member appointed by the speaker of the house ofrepresentatives, who shall be the first chairperson, within 30 days of theeffective date of this act. The vice-chairperson of the joint committee shallbe appointed by the president of the senate. Chairperson and vice-chairpersonshall alternate annually between the members appointed by the speaker of thehouse of representatives and the president of the senate. The ranking minoritymember shall be from the same chamber as the chairperson. The joint committeeshall meet at least four times each year at the call of the chairperson of thejoint committee. Five members of the joint committee shall constitute a quorum.

      (e)   At the beginning of each regular session of the legislature,the committee shall submit to the president of the senate and the speaker ofthe house of representatives a written report on numbers of individualstransferred from the state or private institutions to the home and communitybased services including the average daily census in the state institutions andlong-term care facilities, savings resulting from the transfer certified by thesecretary of social and rehabilitation services and the secretary of aging in aquarterly report filed in accordance withK.S.A. 2009 Supp.39-7,161 and39-7,162, and amendments thereto, and the current balance in the home andcommunity based services savings fund of the department of social andrehabilitation services and the department on aging.

      (f)   Members of the committee shall be paid compensation, travel expenses andsubsistence expenses or allowance as provided in K.S.A. 75-3212, and amendmentsthereto, for attendance at any meeting of the joint committee or anysubcommittee meeting authorized by the committee.

      History:   L. 2008, ch. 168, § 2; July 1.