2006 Kansas Code - 19-4007

      19-4007.   Contracts for services with nonprofit corporations; schedule of charges; annual financial report contents; approval of establishment of corporation by secretary of social and rehabilitation services; annual report; transfer of proceeds of tax levy to state agency. (a) If the board or boards of county commissioners desire to provide either mental health services or services for the mentally retarded, or both such services, and to levy the taxes authorized in K.S.A. 19-4004, or any amendments thereto, but determine that it is more practicable to contract for such services with a nonprofit corporation, such board or boards may contract with the nonprofit corporation to provide either mental health services or services for the mentally retarded, or both such services, for the residents of said county or counties. In lieu of contracting with a nonprofit corporation to provide services for the mentally retarded, a board of county commissioners may establish a mental retardation governing board for the purpose of allowing this board to contract for and on behalf of the board of county commissioners with a nonprofit corporation to provide services for the mentally retarded. The board or boards entering into such a contract with a nonprofit corporation, or the mental retardation governing board authorized to contract with a nonprofit corporation under this section, are hereby authorized to pay the amount agreed upon in such contract from the proceeds of the tax or taxes levied pursuant to K.S.A. 19-4004, or any amendments thereto, for mental health services or mental retardation services, or for both such services. Said nonprofit corporation may not deny service to anyone because of inability to pay for the same, but said nonprofit corporation may establish a schedule of charges for services to those who are financially able to pay for such services. Said nonprofit corporation shall annually provide said board or boards of county commissioners with a complete financial report showing the amount of fees collected, the amount of tax money received under said contract, and any other income. The financial report shall also show the nonprofit corporation's disbursements, including salaries paid to each person employed by said nonprofit corporation. No such nonprofit corporation shall be organized to receive public funds raised through taxation or public solicitation, or both, unless and until the establishment of the same has been approved by the secretary of social and rehabilitation services. The governing board of all such nonprofit corporations shall report annually to the secretary of social and rehabilitation services, in such form as may be required on the activities of the mental health center, or community facility for the mentally retarded.

      (b)   If the board or boards of county commissioners desire to provide services for the mentally retarded and to levy the tax authorized in K.S.A. 19-4004, or any amendments thereto, for mental retardation services, but determine that it is more practicable to transfer the proceeds from such tax levy or a portion thereof to a state agency operating a program established under the federal social security act whereby the funds will be eligible for federal financial participation in the purchase of services for eligible persons in facilities for the mentally retarded, the board or boards are hereby authorized to transfer such proceeds, or a portion thereof, to any such state agency to purchase services in facilities for the mentally retarded.

      History:   L. 1961, ch. 292, § 7; L. 1965, ch. 195, § 2; L. 1970, ch. 115, § 7; L. 1976, ch. 140, § 1; L. 1977, ch. 103, § 4; April 11.