2011 Kansas Code
Chapter 75. - STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 74. - KANSAS HEALTH POLICY AUTHORITY
75-7414 Same; authority successor to transferred powers, duties and functions; references in statutes, contracts and other documents, exception; rules and regulations, orders and directives continued; hearings.

75-7414. Same; authority successor to transferred powers, duties and functions; references in statutes, contracts and other documents, exception; rules and regulations, orders and directives continued; hearings. (a) On and after July 1, 2006, the Kansas health policy authority shall be the successor in every way to the powers, duties and functions of the division of health policy and finance and the director of health policy and finance in which the same were vested prior to July 1, 2006, and that are transferred pursuant to K.S.A. 2010 Supp. 75-7413, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the Kansas health policy authority shall be deemed to have the same force and effect as if performed by the division of health policy and finance and the director of health policy and finance in which such powers, duties and functions were vested prior to July 1, 2006.

(b) On and after July 1, 2006, whenever the division of health policy and finance within the department of administration or the director of health policy and finance, or words of like effect, are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, waiver or other document and such reference is in regard to any of the powers, duties or functions transferred to the Kansas health policy authority pursuant to K.S.A. 2010 Supp. 75-7413, and amendments thereto, such reference or designation shall be deemed to apply to the Kansas health policy authority. The provisions of this subsection shall not apply to references to or designations of the division of health policy and finance within the department of administration or the director of health policy and finance, or words of like effect, by the provisions of appropriation acts.

(c) All rules and regulations, orders and directives of the director of health policy and finance that relate to the functions transferred by K.S.A. 2010 Supp. 75-7413, and amendments thereto, and that are in effect on July 1, 2006, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the Kansas health policy authority until revised, amended, revoked or nullified pursuant to law.

(d) 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.