§ 2-427. Mill levy allocation.

(a)

Beginning on the effective date of the resolution from which this section is derived, if a mill levy for mental retardation services authorized by K.S.A. 19-4004 and amendments thereto are made, the mill levy funds shall be allocated according to the following formula:

(1)

CDDO administration. A portion of the mill levy funds shall be set aside for CDDO administration in an amount to be determined during the unified government's annual budget process.

(2)

Emergency. Notwithstanding any other provision of this division, if the board of commissioners determines during any year that it is necessary to use any portion or all of the mill levy funds for purposes other than those set forth in this resolution, it may expend funds for such purposes rather than according to the allocation set out in this section as long as the funds are expended for mental retardation and developmental disabilities purposes.

(3)

Unfunded individuals currently receiving services. Mill levy funds will be allocated to providers who provide services to individuals who are not eligible for mental retardation/developmental disabilities funding according to state regulations but were receiving mill levy funds on July 1, 1999, for the services provided to such individuals at the same rate as paid for services under state grant funds.

(4)

Nonmedicaid eligible case management. Five thousand dollars will be allocated for case management services for individuals who are not eligible for Medicaid reimbursement and who were receiving mill levy funds on July 1, 1999.

(5)

Other services.

a.

Any mill levy funds remaining after the funds listed in subsections (a)(1)—(a)(4) of this section have been distributed will be allocated to those providers of services:

1.

Who are licensed by the department of social and rehabilitation services for residential and day services or who are providing case management services;

2.

Who have entered into an affiliate agreement with the unified government; and

3.

Who provide services to mentally retarded or developmentally disabled residents of the county qualified to receive funding for developmental disabilities under regulations issued by the secretary of the state department of social and rehabilitation services and entered in the BASIS tracking system.

b.

The remaining mill levy funds will be allocated in the following percentages to the following categories of services and will be distributed among all providers eligible under subsection (a)(5)a of this section according to the number of county residents receiving such services from the provider.

1.

Residential services: 40 percent.

2.

Day services: 25 percent.

3.

Case management services: 20 percent.

4.

Transportation: 15 percent.

(b)

Funds allocated under this section will be distributed quarterly or on some other regular basis to be determined by the county administrator or his designate representative.

(c)

This section shall supersede any policy concerning the utilization and management of mill levy funds for mental retardation services previously in effect.

(d)

The county administrator may adopt additional regulations in writing relating to the allocation of mill levy funds under this section.

(e)

Nothing in this section shall create any entitlement to mill levy funds.

(Code 1988, § 2-1057; Res. No. R-27-00, § 5, 3-23-2000)