Merit Institute Merit

The Kansas Government Transparency & Performance Act (KS-GT&P)

Kansas state companion to GT&P. Extends the Kansas Civil Service Act (K.S.A. Ch. 75 Art. 29), Kansas Open Records Act (K.S.A. Sec. 45-215 et seq.), and Kansas Medicaid fraud recovery (K.S.A. Sec. 21-5927 et seq.).

THE KANSAS GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (KS-GT&P)

Vehicle: State passage. Kansas Legislature, regular session. Primary referral to House / Senate Governmental Organization / Ways and Means.

SECTION 1. SHORT TITLE

This Act may be cited as the “Kansas Government Transparency & Performance Act (KS-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that the Kansas Civil Service Act operates under K.S.A. Ch. 75 Art. 29; that the Kansas Open Records Act operates under K.S.A. Sec. 45-215 et seq.; that the Division of the Budget operates under K.S.A. Ch. 75 Art. 37; that the Legislative Research Department provides fiscal analysis; and that Kansas does not have a general False Claims Act but recovers Medicaid fraud under K.S.A. Sec. 21-5927 et seq. and the Medicaid Fraud Control Unit under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH KANSAS LAW

Sec. 101. Definitions

  1. (a) “DOB” means the Division of the Budget.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “KS-MFCA” means K.S.A. Sec. 21-5927 et seq.

Sec. 102. Coordination with Existing Kansas Law

  1. (a) Consistent with:
  • K.S.A. Ch. 75 Art. 29 (Civil Service).
  • K.S.A. Sec. 45-215 et seq. (Open Records).
  • K.S.A. Ch. 75 Art. 37 (DOB).
  • K.S.A. Sec. 21-5927 et seq. (Medicaid fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) DOB shall publish the Kansas Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Research Department fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) K.S.A. Ch. 75 Art. 29 is amended so that nothing precludes unclassified-service classifications with publicly posted performance standards.
  2. (b) Consistent with K.S.A. Sec. 75-2935 (unclassified service).

TITLE IV — KANSAS MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Kansas does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under K.S.A. Sec. 21-5927 et seq. and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving KSRMC, Federal FRAC, KS-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: GT&P. Other Kansas bills: KS-ACSA, KS-MEWRA, KS-AI-Workforce.