Kansas Statutes Annotated

K.S.A. § 39-708 (2026)

✓ current as of May 2026
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39-708.

History: L. 1937, ch. 327, § 8; L. 1951, ch. 288, § 2; L. 1963, ch. 255, § 2; L. 1965, ch. 286, § 1; L. 1967, ch. 245, § 2; L. 1969, ch. 226, § 2; L. 1970, ch. 167, § 1; L. 1971, ch. 153, § 1; L. 1973, ch. 187, § 1; Repealed, L. 1973, ch. 186, § 42; January 1, 1974.

CASE ANNOTATIONS

1. Discussed in holding lien provision (now repealed) constitutional. Hawkins v. Social Welfare Board, 148 Kan. 760, 761, 84 P.2d 930.

2. County board cannot sue and be sued; powers generally discussed. Dellinger v. Harper County Social Welfare Board, 155 Kan. 207, 211, 124 P.2d 513.

3. Discussed; mandatory to raise fund produced by three-mill levy; sales tax residue application. State, ex rel., v. Jackson County Board of Social Welfare, 161 Kan. 672, 675, 171 P.2d 651.

4. State welfare department may maintain action to recover fraudulent payment to recipient. State dep't of Social Welfare v. Leonard, 166 Kan. 630, 632, 633, 635, 203 P.2d 207.

5. Cited in holding insurance protection provided by K.S.A. 74-4707 through 74-4713 is applicable to county welfare director under facts of case. Mott, Executor v. Mitchell, 209 Kan. 476, 486, 487, 496 P.2d 1297.

6. Subsection (k) cited; eligibility for benefits under social welfare act does not create implied contract giving rise to a suit for damages. Valkenburgh v. State Board of Social Welfare, 211 Kan. 754, 755, 756, 508 P.2d 875.

7. Subsection (x) discussed; administrative action directing proration of fees for medical and professional services was beyond scope of board's authority. Rhodes v. Harder, 211 Kan. 820, 822, 823, 825, 826, 829, 830, 831, 508 P.2d 959. Motion to modify decision; portion of original opinion withdrawn: 212 Kan. 500, 501, 512 P.2d 354.

8. Mentioned; class action contesting state welfare department's "value of moderate home" rule as applied to recipients of housing relocation payments. Young v. Harder, 361 F. Supp. 64, 68, 73.

9. Board of social welfare manual and regulation setting nursing home services fees on cost plus basis repugnant to statutes. Seneca Nursing Home v. Kansas State Bd. of Social Welf., 490 F.2d 1324, 1327, 1328, 1329, 1331, 1332, 1333.

10. Intent of subsection (x) is to encourage nursing homes to accept welfare recipients and to assure payment; where S.R.S. was obligor under contract, it had a duty to pay. Seneca Nursing Home v. Secretary of S.R.S., 604 F.2d 1309, 1310, 1311, 1314, 1315.

11. Certain regulations relating to charges for nursing home services held invalid. Country Club Home, Inc. v. Harder, 228 Kan. 756, 757, 758, 764, 765, 620 P.2d 1140. Opinion on motion for modification: 228 Kan. 802, 623 P.2d 505.


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Notes of Decisions
Cited in 5 cases, 1972–1980 · leading case: Seneca Nursing Home v. The Kansas State Bd. of Soc. Welfare, 490 F.2d 1324 (10th Cir. 1974).
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Seneca Nursing Home v. The Kansas State Bd. of Soc. Welfare, 490 F.2d 1324 (10th Cir. 1974). · cites it 17× “§ 1331 and was thereby properly removed ; 2 and (2) whether the plaintiffs were entitled to payment for services under K.S.A. 39-708 (x) on the standard of “reasonable, usual and customary” charges rather than on the cost plus basis provided by a manual of the State Department…”
Country Club Home, Inc. v. Harder, 620 P.2d 1140 (Kan. 1980). · cites it 4× “” The action was filed on June 6, 1973, attacking regulations passed to implement federal social security programs authorized by K.S.A. 1971 Supp. 39-708(jc) and amendments.”
Rhodes v. Harder, 508 P.2d 959 (Kan. 1973). · cites it 6× “were acting in an official capacity at all times; that the plaintiffs were regularly licensed doctors of medicine who resided in and practiced the profession of medicine in Sedgwick County; that the plaintiffs and all other practitioners who participated in and were providers of…”
Young v. Harder, 361 F. Supp. 64 (D. Kan. 1973). · cites it 4× “1, adopted pursuant to K.S.A. § 39-708. Plaintiffs seek a declaratory judgment that the “value of moderate home” rule is contrary to the provisions of the Uniform Relocation Act and the Social Security Act of 1935, and is unconstitutional because, as administered, it denies…”
Mott v. Mitchell, 496 P.2d 1297 (Kan. 1972). · cites it 3× “The powers and duties of the state board are set forth in K.S.A. 1971 Supp. 39-708. Some of the provisions of this statute should be noted.”
— K.S.A. § 39-708(jc) — 1 case
Country Club Home, Inc. v. Harder, 620 P.2d 1140 (Kan. 1980). “” The action was filed on June 6, 1973, attacking regulations passed to implement federal social security programs authorized by K.S.A. 1971 Supp. 39-708(jc) and amendments.”
— K.S.A. § 39-708(k) — 1 case
Seneca Nursing Home v. The Kansas State Bd. of Soc. Welfare, 490 F.2d 1324 (10th Cir. 1974). “§ 1331 and was thereby properly removed ; 2 and (2) whether the plaintiffs were entitled to payment for services under K.S.A. 39-708 (x) on the standard of “reasonable, usual and customary” charges rather than on the cost plus basis provided by a manual of the State Department…”
— K.S.A. § 39-708(nc) — 1 case
Country Club Home, Inc. v. Harder, 620 P.2d 1140 (Kan. 1980). “” The action was filed on June 6, 1973, attacking regulations passed to implement federal social security programs authorized by K.S.A. 1971 Supp. 39-708(jc) and amendments.”
— K.S.A. § 39-708(x) — 2 cases
Seneca Nursing Home v. The Kansas State Bd. of Soc. Welfare, 490 F.2d 1324 (10th Cir. 1974). “§ 1331 and was thereby properly removed ; 2 and (2) whether the plaintiffs were entitled to payment for services under K.S.A. 39-708 (x) on the standard of “reasonable, usual and customary” charges rather than on the cost plus basis provided by a manual of the State Department…”
Country Club Home, Inc. v. Harder, 620 P.2d 1140 (Kan. 1980). “” The action was filed on June 6, 1973, attacking regulations passed to implement federal social security programs authorized by K.S.A. 1971 Supp. 39-708(jc) and amendments.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.