2011 Kansas Code
Chapter 75. - STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 74. - KANSAS HEALTH POLICY AUTHORITY
75-7413 Same; transfer of powers, duties and functions to authority.

75-7413. Same; transfer of powers, duties and functions to authority. On and after July 1, 2006, except as otherwise provided by this act, all of the following powers, duties and functions of the division of health policy and finance within the department of administration and the director of health policy and finance are hereby transferred to and imposed upon the Kansas health policy authority established by K.S.A. 2010 Supp. 75-7401, and amendments thereto:

(a) All of the powers, duties and functions under chapter 39 of the Kansas Statutes Annotated, and amendments thereto, that were transferred on July 1, 2005, to the division of health planning and finance and the director of health planning and finance and that relate to development, implementation and administration of programs that provide medical assistance, health insurance programs or waivers granted thereunder for persons who are needy or uninsured, or both, and that are financed by federal funds or state funds, or both, including the following:

(1) The Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto; and

(2) any program of medical assistance for needy persons financed by state funds only;

(b) all of the powers, duties and functions that were transferred on July 1, 2005, to the division of health planning and finance and the director of health planning and finance with respect to the health benefits program for children established under K.S.A. 38-2001 et seq., and amendments thereto, and developed and submitted in accordance with federal guidelines established under title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto;

(c) the working healthy portion of the ticket to work program under the federal work incentive improvement act and the medicaid infrastructure grants received for the working healthy portion of the ticket to work program;

(d) the medicaid management information system (MMIS);

(e) the restrictive drug formulary, the drug utilization review program, including oversight of the medicaid drug utilization review board, and the electronic claims management system as provided in K.S.A. 39-7,116 through 39-7,121 and K.S.A. 2010 Supp. 39-7,121a through 39-7,121e, and amendments thereto;

(f) all of the powers, duties and functions of the division of health policy and finance associated with designation as the single state agency under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto. On and after July 1, 2006, the designation of the division of health and finance as the single state agency for medicaid purposes is hereby transferred to the Kansas health policy authority; and

(g) hearings conducted pursuant to the transfer of powers, duties and functions conveyed through this section shall be conducted in accordance with the Kansas administrative procedure act utilizing a presiding officer from the office of administrative hearings.