Other Bills
The 2025 Legislature addressed a wide variety of health-related issues, including a new name for a long-standing state agency, creation of a task force to study the state’s future water supply, new rules for contracting with managed care organizations, human development education, and funding for local health departments.
HB 2050, signed by the Governor on April 8, amends the Kansas Insurance Code to rename the Kansas Insurance Department as the Kansas Department of Insurance. The bill also removes the requirement for the Senate to confirm the Department of Insurance Assistant Commissioner.
Senate Sub. for HB 2172, signed by Gov. Kelly on April 7, creates a 16-member Water Program Task Force and a five-member Water Planning Work Group to study and make recommendations to the Legislature on water policy and funding.
HB 2284, vetoed by Gov. Kelly on April 3 but overridden by both chambers on April 10, requires the Department of Administration to adopt written policies regarding the negotiated procurement of contracted Medicaid services provided by managed care organizations. The written policies will be required to have an appeals process, which will be overseen and adjudicated by an appeals committee composed of 10 members of the Legislature.
HB 2307, signed by Gov. Kelly on April 3, transfers the authority over the prenatally and postnatally diagnosed conditions awareness programs from the Kansas Department of Health and Environment (KDHE) to the Kansas Council on Developmental Disabilities, creates the Prenatally and Postnatally Diagnosed Conditions Awareness Programs Fund, and directs a one-time $25,000 transfer from the State General Fund to the new fund on July 1, 2025.
Senate Sub. for HB 2382, vetoed by Gov. Kelly on April 9 but overridden by both chambers on April 10, requires any school district that offers courses or other instruction regarding human growth, human development or human sexuality to include, as part of the course or instruction, a human fetal development presentation. The bill requires the human fetal development presentation to meet the following requirements:
- Be a high-quality, computer-generated animation or high-definition ultrasound.
- Be at least three minutes in length.
- Show the development of the brain, heart and other vital organs in early human fetal development.
SB 3 would have amended the Kansas Lay Caregiver Act to require KDHE to audit hospital compliance with caregiver designation and aftercare procedures. The results of these audits would have needed to be reported annually to the Legislature starting in 2026. The bill also would have repealed the existing section of K.S.A. 65-431a to incorporate these changes. The bill died in the Senate Public Health and Welfare Committee.
SB 14, vetoed by Gov. Kelly on March 26 but overridden by both chambers on April 10, establishes a system of continuing appropriation by which existing appropriations would carry forward into the subsequent fiscal year unless the Legislature adjusts them. Continuing appropriations is defined as appropriations provided for in the previous fiscal year. The Secretary of Administration, in consultation with the Director of the Budget and the Director of Legislative Research, would have the authority to make temporary allocations (borrow) between appropriated funds and special revenue funds when the balance of a fund is determined to be insufficient to meet its obligations. Such borrowing would require approval of the State Finance Council.
Sub. for SB 29, vetoed by the Governor on April 3 but overridden by both chambers on April 10, requires the Secretary to have probable cause before taking action to prevent the introduction or spread of an infectious or contagious disease within Kansas; permits any aggrieved party to file a civil action regarding an order made by the Secretary or a local health officer; and provides for a county or joint board of health or local health officer to recommend against rather than prohibit public gatherings when necessary for the control of infectious or contagious disease.
SB 63, vetoed by the Governor on Feb. 11 but overridden by both chambers on Feb. 18, enacted the Help Not Harm Act, which prohibits health care providers from providing certain treatments to a child who has a perceived gender or perceived sex that is different than the child’s biological sex; prohibits recipients of state funds, including the Kansas Medicaid program and its managed care organizations, from using such funds to provide or subsidize the prohibited treatment; defines that a health care provider in violation of the act would be engaged in unprofessional conduct and provides authority to sanction the licensee; and establishes strict liability standards, establishes a statute of limitations of 10 years from the child’s 18th birthday and creates a private cause of action.
SB 125 (the budget bill), signed by the Governor on April 9 with 31 line-item vetoes, makes and concerns appropriations for the fiscal years ending June 30, 2025, June 30, 2026, and June 30, 2027, for state agencies. A summary of the health-related provisions of the bill appears below.
House Sub. for SB 126, signed by Gov. Kelly on April 8, updates the current newborn screening program to establish the Advance Universal Newborn Screening Program; increases the minimum statutory state financial assistance to local health departments from $7,000 per year to $12,000 per year; increases the hospital provider annual assessment on services rate to an amount no greater than 6.0 percent of each hospital’s net inpatient and outpatient operating revenue as determined by the Healthcare Access Improvement Panel; and exempts from the assessment critical access and licensed rural emergency hospitals that have revenues below a threshold determined by the Healthcare Access Improvement Panel. On Sept. 9, CMS approved the 2025 provider tax increase that allows the state to draw down federal matching funds at 6.0 percent.
Sub. for SB 193, signed by Gov. Kelly on April 8, amends the Statewide Opioid Antagonist Protocol, related to dispensing and providing prescription-only opioid antagonists in Kansas, by exempting law enforcement agencies from the protocol’s requirement to utilize a physician medical director or licensed pharmacist unless the agency was electing to use an emergency opioid antagonist dispensed or furnished pursuant to the protocol.
SB 250, which was allowed to become law without the Governor’s signature on April 10, creates the Right to Try for Individualized Treatments Act. The bill authorizes a manufacturer operating in an eligible facility to make available individualized investigative treatments and allows individuals with life-threatening or severely debilitating illnesses to request an individualized investigational drug, biologic product or device from such manufacturers (referred to as “investigational treatment products”). The bill defines terms used in the act; defines and establishes a procedure for use of a patient’s biospecimen; addresses requirements for informed consent for investigational treatments, manufacturer requirements and liability exemptions. The bill does not expand the coverage required of an insurer under the Kansas Insurance Code.