(a) All employees of the Kansas department for aging and disability services in the coordinator of medical services job class, or any successor job class that may be approved under Kan. Stat. Ann. § 75-2938, and amendments thereto, and has substantially the same duties and responsibilities, shall be in the unclassified service under the Kansas civil service act.

(b) (1) All persons appointed to provide attendant care services under the home and community based services program shall be in the unclassified service of the Kansas civil service act.

(2) Subject to available appropriations, the governor is authorized and directed to approve a salary plan for persons appointed to provide attendant care services under the secretary for aging and disability services. Such salary plan for persons appointed to provide attendant care services shall be subject to modification and approval by the governor and to any enactments of the legislature applicable thereto and shall be effective on a date or dates specified by the governor.

(3) As used in this subsection, the term “persons appointed to provide attendant care services” means persons appointed to perform attendant care services directed by or on behalf of an individual in need of in-home care, the term “home and community based services program” has the meaning ascribed thereto under Kan. Stat. Ann. § 39-7,100, and amendments thereto, and the terms “attendant care services” and “individual in need of in-home care” have the meanings respectively ascribed thereto under Kan. Stat. Ann. § 65-6201, and amendments thereto.