65-4415. Administration, powers and duties of secretary; duplication of programs, effect; consultative services for community facilities; over- and under-payments.
65-4415
65-4415. Administration, powers and duties of secretary; duplicationof programs, effect; consultative services for community facilities; over-and under-payments.(a) The secretary upon determination that a programincluded in the proposed budget of a community mental retardationfacility:(1) Is a new program not included in previous budgets of such communitymental retardation center; and (2) duplicates an existing program whichisadequately serving the geographic area served by such community mentalretardation facility, may subtract the full-time equivalent clients servedby the program from the total full-time equivalent computation for purposesof granting financial assistance under the Kansas community mentalretardation facilities assistance act or may require such community mentalretardation facility to purchase the service from or otherwise cooperatewith such other program.
(b) The secretary shall administer the provisions of the Kansascommunity mental retardation facilities assistance act. In administeringthe provisions of the Kansas community mental retardation facilities assistanceact, the secretary shall review the budgets and expenditures of thefacilities, from time to time during the fiscal year, and may withdrawfunds from any facility which is not being administered substantially inaccordance with the provisions of the annual budget submitted to the secretary.
(c) The secretary shall provide consultative staff service to communitymental retardation facilities to assist in ascertaining local needs, inobtaining federal funds and assistance and in the delivery of mentalretardation services at the local level.
(d) In the event any community mental retardation facility is paid morethan it is entitled to receive under any distribution made under the Kansascommunity mental retardation facilities assistance act, the secretary shallnotify the governing board of the community mental retardation facility ofthe amount of such overpayment, and such governing board shall remit thesame to the secretary. The secretary shall remit any moneys so received tothe state treasurer in accordance with the provisions of K.S.A.75-4215,and amendments thereto. Upon receipt of each such remittance, the statetreasurer shall deposit the entireamount in the state treasury to the credit of thestate general fund. If any such governingboard fails so to remit, the secretary shall deduct the excess amount sopaid from future payments becoming due to such community mental retardationfacility.
(e) In the event any community mental retardation facility is paid lessthan the amount to which it is entitled under any distribution made underthe Kansas community mental retardation facilities assistance act, thesecretary shall pay the additional amount due at any time within the fiscalyear in which the underpayment was made or within 60 days after the end of suchyear.
History: L. 1986, ch. 245, § 5;L. 2001, ch. 5, § 256; July 1.