EXECUTIVE REORGANIZATION ORDER NO. 41
GOVERNOR SAM BROWNBACK
Section 1. The department on aging is hereby renamed the Kansas department for aging and disability services. Except as otherwise provided by this order, whenever the department on aging, or words of like effect, are referred to or designated by any statute, rule and regulation, contract, or any other document regardless of whether such reference is in regard to any of the powers, duties, or functions transferred pursuant to this order or not, such reference or designation shall be deemed to apply to the Kansas department for aging and disability services. Except as otherwise provided by this order, whenever the secretary of aging, or words of like effect, are referred to or designated by any statute, rule and regulation, contract, or any other document regardless of whether such reference is in regard to any of the powers, duties, or functions transferred pursuant to this order or not, such reference or designation shall be deemed to apply to the secretary for aging and disability services.
Sec. 2. The department of social and rehabilitation services is hereby renamed the Kansas department for children and families. Whenever the department of social and rehabilitation services, or words of like effect, are referred to or designated by any statute, rule and regulation, contract, or any other document regardless of whether such reference is in regard to any of the powers, duties, or functions transferred pursuant to this order or not, such reference or designation shall be deemed to apply to the Kansas department for children and families. Except as otherwise provided by this order, whenever the secretary of social and rehabilitation services, or words of like effect, are referred to or designated by any statute, rule and regulation, contract, or any other document regardless of whether such reference is in regard to any of the powers, duties, or functions transferred pursuant to this order or not, such reference or designation shall be deemed to apply to the secretary for children and families.
Sec. 3. (a) The disability and behavioral health services section of the Kansas department for children and families is hereby transferred to the Kansas department for aging and disability services and shall be a part thereof. The disability and behavioral health services section transferred to the Kansas department for aging and disability services by this order shall be administered by the secretary for aging and disability services.
The programs to be transferred by this section are:
(1) Mental health and substance abuse, serious emotionally disturbed, developmental disability, physical disability, traumatic brain injury, autism, technology assistance, and money-follows-the-person Medicaid waivers and programs;
(2) licensure and regulation of community mental health centers, as defined by K.S.A. 75-3307b, and amendments thereto;
(3) regulation of community developmental disability organizations, as defined by K.S.A. 75-3307b, and amendments thereto;
(4) licensure of private psychiatric hospitals, as defined by K.S.A. 75-3307b, and amendments thereto;
(5) licensure and regulation of facilities and providers of residential services, as defined by K.S.A. 75-3307b, and amendments thereto;
(6) licensure and regulation of providers of addiction and prevention services, as defined by K.S.A. 75-5375, et. seq; and
(7) any other programs and related grants administered by the disability and behavioral health services section of the Kansas department for children and families prior to the effective date of this order.
(b) Except as otherwise provided by this order, all powers, duties, and functions of the secretary for children and families pertaining to the disability and behavioral health services section transferred by this order, including that agency’s designation as the Medicaid single state authority for substance abuse and for mental health, are hereby transferred to and imposed upon the secretary for aging and disability services.
(c) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties, and functions of the Kansas department for children and families pertaining to the disability and behavioral health services section transferred by this order. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the Kansas department for children and families in which such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 4. (a) All institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, and the programs operated by such institutions are hereby transferred from the Kansas department for children and families to the Kansas department for aging and disability services. All such institutions shall be administered by the secretary for aging and disability services.
(b) Except as otherwise provided by this order, all powers, duties, and functions of the secretary for children and families pertaining to the programs and operation of the institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, are hereby transferred to and imposed upon the secretary for aging and disability services.
(c) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties, and functions of the Kansas department for children and families pertaining to the programs and operation of institutions that are transferred by this order. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the Kansas department for children and families in which such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 5. (a) Whenever the Kansas department for children and families, the secretary for children and families, or words of like effect, is referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the Kansas department for aging and disability services from the Kansas department for children and families by this order, such reference or designation shall be deemed to apply to the Kansas department for aging and disability services or the secretary for aging and disability services.
(b) All rules and regulations, orders, and directives of the Kansas department for children and families, or the secretary for children and families, or words of like effect, which relate to the functions transferred by this order and which are in effect on the effective date of this order, shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the Kansas department for aging and disability services and the secretary for aging and disability services until revised, amended, revoked, or nullified pursuant to law.
(c) The secretary for aging and disability services shall determine the manner in which disability and behavioral health programs are organized within the Kansas department for aging and disability services.
(d) The secretary for aging and disability services shall determine the manner in which programs provided by the institutions, as defined by subsection (b) of K.S.A. 76-12a01, and amendments thereto, are organized within the Kansas department for aging and disability services.
Sec. 6. (a) The secretary for aging and disability services shall appoint such officers and employees as may be needed to carry out the powers and duties which the secretary assigns to disability and behavioral health functions and institution functions of the Kansas department for aging and disability services.
(b) All officers and employees in the Kansas department for children and families who, immediately prior to the effective date of this order, were engaged in the exercise and performance of the powers, duties, and functions transferred by this order, and who are determined by the secretary for aging and disability services to be necessary for the exercise and performance of the powers, duties, and functions transferred by this order, are hereby transferred to the Kansas department for aging and disability services. In addition, all officers and employees who are determined jointly by the secretary for aging and disability services and the secretary for children and families to have been engaged in providing necessary administrative, technical or other support to the disability and behavioral health services section and to the institutions, as defined in subsection (b) of K.S.A. 76-12a01, and amendments thereto, immediately prior to the effective date of this order, are hereby transferred to the Kansas department for aging and disability services. All classified employees so transferred shall retain their status as classified employees. Thereafter, the secretary for aging and disability services may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(c) Officers and employees who are transferred by this order to the Kansas department for aging and disability services shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the Kansas department for children and families prior to the date of transfer.
(d) Notwithstanding the effective date of this order, the provisions of this section prescribing the transfer of officers and employees from the Kansas department for children and families to the Kansas department for aging and disability services shall be administered so that the date of transfer of such personnel shall be the start of a payroll period.
Sec. 7. (a) The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas department for children and families relating to the powers, duties, and functions transferred by this order are hereby transferred within the state treasury to the Kansas department for aging and disability services and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas department for aging and disability services under this order shall be assumed and paid by the Kansas department for aging and disability services.
(c) The problem gambling and addictions grant fund and all fees, grant funds, and loan repayment funds of the Kansas department for children and families dedicated to programs transferred by this order shall be transferred to the Kansas department for aging and disability services.
Sec. 8. (a) The following parts of the health occupations credentialing program of the department of health and environment under the Kansas act on credentialing, K.S.A. 65-5001 through 65-5011, and amendments thereto, shall be transferred to and shall be administered by the secretary for aging and disability services:
(1) Licensure of adult care home administrators, as defined by subsection (c) of K.S.A. 65-3501, and amendments thereto;
(2) licensure of dieticians, as defined by subsection (f) of K.S.A. 65-5902, and amendments thereto;
(3) certification of residential care facility operators, as defined by subsection (a)(21) of K.S.A. 39-923, and amendments thereto;
(4) certification of activity directors, as defined by subsection (a) of K.A.R. 26-39-100 on the effective date of this order;
(5) certification of social service designees, as defined by subsection (ppp) of K.A.R. 26-39-100 on the effective date of this order;
(6) certification of nurse aides, as defined by subsection (pp) of K.A.R. 26-39-100 on the effective date of this order;
(7) certification of medication aides as defined by subsection (mm) of K.A.R. 26-39-100 on the effective date of this order;
(8) certification of home health aides as defined by subsection (d) of K.S.A. 65-5101, and amendments thereto; and
(9) maintenance of the Kansas nurse aide registry under subsection (c) of K.S.A. 39-936, and amendments thereto, and K.S.A. 39-1411, and amendments thereto.
(b) The criminal history record check program, as authorized by individual credentialing statutes or rules and regulations, K.S.A. 39-969, and amendments thereto, K.S.A. 39-970, and amendments thereto, and subsection (b) of K.S.A. 22-4707, and amendments thereto, is hereby transferred from the department of health and environment to the Kansas department for aging and disability services and shall be a part thereof.
(c) The licensure of adult care home administrators, the licensure of dieticians, the certification of residential care facility operators, the certification of activity directors, the certification of social service designees, the certification of nurse aides, the certification of medication aides, the certification of home health aides, the board of adult care home administrators, the maintenance of the Kansas nurse aide registry, and the criminal history record check program shall be administered by the secretary for aging and disability services. Nothing in this order shall change or diminish the authority of the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto.
(d) Except as otherwise provided by this order, all powers, duties, and functions of the secretary of health and environment pertaining to the licensure of adult care home administrators, the licensure of dieticians, the certification of residential care facility operators, the certification of activity directors, the certification of social service designees, the certification of nurse aides, the certification of medication aides, the certification of home health aides, the board of adult care home administrators, the Kansas nurse aide registry, and the criminal record check program transferred by this order are hereby transferred to and imposed upon the secretary for aging and disability services.
(e) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties, and functions of the department of health and environment pertaining to those portions of the health occupations credentialing program transferred by this order. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the department of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 9. (a) The psychiatric residential treatment facility licensure program of the department of health and environment is hereby transferred to the Kansas department for aging and disability services and shall be a part thereof. The psychiatric residential treatment facility licensure program shall be administered by the secretary for aging and disability services. As used in this section, “psychiatric residential treatment facility licensure program” means that portion of the licensure program of the department of health and environment under K.S.A. 65-501 et seq., for licensure of child care facilities, as defined by subsection (c) of K.S.A. 65-503, and amendments thereto, that are psychiatric residential treatment facilities, as defined by subsection (k) of K.A.R. 28-4-1200 on the effective date of this order, and subsection (g)(3) of K.S.A. 72-8187, and amendments thereto.
(b) Except as otherwise provided by this order, all powers, duties, and functions of the secretary of health and environment pertaining to the psychiatric residential treatment facility licensure program transferred by this order are hereby transferred to and imposed upon the secretary for aging and disability services.
(c) The Kansas department for aging and disability services shall be the successor in every way to the powers, duties, and functions of the department of health and environment pertaining to the psychiatric residential treatment facility licensure program transferred by this order. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the Kansas department for aging and disability services shall be deemed to have the same force and effect as if performed by the department of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
Sec. 10. (a) Whenever the department of health and environment, the secretary of health and environment, or words of like effect are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred from the department of health and environment to the Kansas department for aging and disability services by this order, such reference or designation shall be deemed to apply to the Kansas department for aging and disability services or the secretary for aging and disability services.
(b) All rules and regulations, orders, and directives of the department of health and environment which relate to the functions transferred to the Kansas department for aging and disability services by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the Kansas department for aging and disability services until revised, amended, revoked, or nullified pursuant to law.
(c) The secretary for aging and disability services shall determine the manner in which the licensure of adult care home administrators, the licensure of dieticians, the certification of residential care facility operators, the certification of activity directors, the certification of social service designees, the certification of nurse aides, the certification of medication aides, the certification of home health aides, the board of adult care home administrators, the maintenance of the Kansas nurse aide registry programs, and the criminal history record check program are organized within the Kansas department for aging and disability services.
(d) The secretary for aging and disability services shall determine the manner in which the psychiatric residential treatment facility licensure program shall be organized within the Kansas department for aging and disability services.
Sec. 11. (a) The secretary for aging and disability services shall appoint such officers and employees as may be needed to carry out the powers and duties which the secretary assigns to the licensure of adult care home administrators, the licensure of dieticians, the certification of residential care facility operators, the certification of activity directors, the certification of social service designees, the certification of nurse aides, the certification of medication aides, the certification of home health aides, the maintenance of the Kansas nurse aide registry programs, the criminal history record check program, and the psychiatric residential treatment facility licensure program of the Kansas department for aging and disability services.
(b) All officers and employees in the department of health and environment who, immediately prior to the effective date of this order, were engaged in the exercise and performance of the powers, duties, and functions transferred by this order, and who are determined by the secretary for aging and disability services to be necessary for the exercise and performance of such powers, duties, and functions transferred by this order, are hereby transferred to the Kansas department for aging and disability services. In addition, all officers and employees who are determined jointly by the secretary for aging and disability services and the secretary of health and environment to have been engaged in providing necessary administrative, technical or other support to the transferred programs are hereby transferred to the Kansas department for aging and disability services. All classified employees so transferred shall retain their status as classified employees. Thereafter, the secretary for aging and disability services may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(c) Officers and employees in the department of health and environment transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
(d) Notwithstanding the effective date of this order, the provisions of this section prescribing the transfer of officers and employees from the department of health and environment to the Kansas department for aging and disability services shall be administered so that the date of transfer of such personnel shall be the start of a payroll period.
Sec. 12. (a) The balances of all funds or accounts thereof appropriated or reappropriated for the department of health and environment relating to the powers, duties, and functions transferred by this order are hereby transferred within the state treasury to the Kansas department for aging and disability services and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas department for aging and disability services under this order shall be assumed and paid by the Kansas department for aging and disability services.
(c) Subject to the acts of the legislature, all fees, grant funds, and loan repayment funds in the department of health and environment dedicated to programs transferred by this order shall be transferred to the Kansas department for aging and disability services.
Sec. 13. (a) The Kansas department for aging and disability services shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to it by this order. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
(b) When any conflict arises as to any power, duty, or function resulting from any transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
Sec. 14. (a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
Sec. 15. Except as otherwise provided by this order, all of the provisions of this order shall take effect and have the force of general law on July 1, 2012, unless disapproved by either house of the Kansas legislature as provided by subsection (c) of section 6 of article 1 of the constitution of Kansas, and unless so disapproved, this order is to be published as and with the acts of the legislature and the statutes of this state.
DONE AT The Capitol in Topeka
Under the Great Seal of the
State of Kansas this 6th day
of February 2012.