Week 11 of the 2025 Session

During Week 11, the Legislature passed bills and presented several to Governor Laura Kelly before adjourning late in the evening on Thursday, March 27, for First Adjournment. In addition to the budget bill, other health-related bills considered during the week included those related to expanding the health care workforce, including approval of four multistate license compacts; licensing and scope of practice for emergency medical services providers, certified registered nurse anesthetists and other health care providers; child welfare, including rules for law enforcement related to placing children in police protective custody; the procurement process for Medicaid managed care contracts; the federal 340B Drug Pricing Program; rules for agencies requesting and implementing federal waivers related to public assistance programs; and creation of the Water Program Task Force. The Legislature is scheduled to return to Topeka on Thursday, April 10, for the veto session.

This edition of Health at the Capitol looks at health-related policy issues addressed by the Legislature the week of March 24.

As of Wednesday, March 26, 2025, the Kansas Department of Health and Environment (KDHE) has reported 23 cases of measles in the state. Workbook: Infectious Disease Case Dashboard

On Thursday, March 27, the Legislature approved Senate Bill (SB) 125, the budget bill, which includes $25.6 billion in total expenditures in fiscal year 2026, including $10.64 billion from the state general fund (SGF). SGF spending is about $210.5 million less than fiscal year 2025. The bill was enrolled and presented to Governor Kelly on Monday, March 31.

One-time expenditures in SB 125 include the following:

• $12.0 million SGF for increased expenditures for the evidence-based juvenile program in Fiscal Year (FY) 2025.
• $10.0 million SGF for adult behavioral health beds for FY 2026.
• $10.0 SGF to hire a private vendor for firearm detection software to be used only in public school buildings and for no more than two years in FY 2025.

Significant SGF additions made to the FY 2025 approved budget in SB 125 include the following:

• $38.0 million SGF for contract nursing staff at Larned and Osawatomie State Hospitals.

Significant non-SGF additions made to the FY 2025 approved budget in SB 125 include the following:

• $65.7 million, all in federal funds, for SUN Bucks, the summer electronic benefit transfer (EBT) program that provides eligible, school-aged children $120 per summer when school meals are unavailable.
• $71.2 million in federal American Rescue Plan Act (ARPA) funds for the Wichita Biomedical Campus.
• $44.8 million, all from federal funds, to adjust the Kansas Department for Aging and Disability Services (KDADS) estimated funding for Medicaid to reflect the updated federal match.
• $30.0 million, all from the Health Collaboration account (created to receive funding for the Wichita Biomedical Campus), for the Health Science Education Center project at Wichita State University.

Bill Language additions included in SB 125 for FY 2025 include:

• Language to no longer provide continuous eligibility for Medicaid for the parent and caregiver population.
• Language appropriating $3.7 million, including $1.8 million SGF, to the State Finance Council in FY 2025 and adding language requiring that the funds be released to the Kansas Department for Children and Families (DCF) upon the certification by the Secretary of DCF that a waiver has been submitted exempting candy and soda from EBT purchases.

Key State General Fund adjustments to the FY 2026 budget in SB 125 include:

• $75.5 million, including $29.3 million SGF, for an add-on payment to nursing facilities of $20 per day based on the number of Medicaid residents.
• $10.0 million SGF for hospitals providing inpatient behavioral health services for adults.
• $12.4 million, including $4.8 million SGF, to fully rebase nursing facility reimbursement rates.

Bill Language additions included in SB 125 for FY 2026 include:

• Language directing the Department of Administration to certify that state agencies have eliminated diversity, equity and inclusion (DEI) positions, policies, programs and related grants or contracts.
• Language to no longer provide continuous eligibility for Medicaid to parents and caregivers.
• Language to require that Critical Access Hospitals and Rural Emergency Hospitals pay the provider assessment in the Health Care Access Improvement Program as long as they have annual revenues that are above the threshold established by the Health Care Access Improvement Panel.
• Language to prohibit Larned State Hospital from using contract agency nursing staff for FY 2027.

Committee Actions

Senate Committee on Public Health and Welfare
(Sen. Beverly Gossage, Chair) 

On Monday, March 24, the Committee held a hearing on House Bill (HB) 2223, which would amend the optometry law regarding the scope of practice for optometrists. Proponent testimony was provided by representatives of the Kansas Optometric Association, Northeastern State University, Oklahoma College of Optometry and the Kansas Chamber and a private citizen. Written-only proponent testimony was submitted by representatives of the Pittsburg Area Chamber of Commerce, Kansas Board of Examiners in Optometry, Americans for Prosperity Kansas and the Community Health Center of Southeast Kansas and seven private citizens. Proponent testimony stated that optometrists are already trained in the procedures stated in the bill and that similar laws exist in other states.

Opponent testimony was provided by representatives of the Kansas Medical Society (KMS) and Kansas Society of Eye Physicians and Surgeons. Written-only opponent testimony was submitted by a representative of the American Academy of Ophthalmology and four private citizens, who raised concerns about patient safety, training differences between optometrists and physicians, and the authority granted to the Board of Examiners in Optometry. Neutral testimony was provided by a representative of the Kansas State Board of Healing Arts, who questioned whether the bill would allow non-medical professionals to perform medical or surgical procedures and emphasized differences in training and scope of practice between optometrists and ophthalmologists. The KMS representative offered an amendment, with support from the Kansas Optometric Association, to require new technologies authorized by the Board of Examiners to be reviewed by the Interprofessional Advisory Committee.

Committee members asked questions regarding how optometrists in Kansas would be trained in the new procedures if the bill passes (proponents explained that optometrists would receive training post-licensure, some through dual licensure or programs in other states like Oklahoma); the number of live procedures performed by students (proponents stated students typically perform between 3-50 depending on opportunity and interest); whether optometrists are already performing procedures listed in the bill (opponents responded that while some procedures may occur under physician supervision, the bill would newly authorize them to be done independently); and the accuracy of procedure statistics and patient complaints (the Board of Healing Arts cautioned that low complaint numbers may not reflect real outcomes, as many patients are unaware of how or where to file complaints). The Committee took no action following the close of the hearing.

Bill Action

SB 1 would exempt Kansas from the federal daylight saving time provisions and adopt permanent standard time, provided that Missouri enacts similar legislation. Upon the enactment of a federal law adopting permanent daylight saving time, Kansas would move to permanent daylight saving time.

Upon the enactment of state legislation exempting Missouri from daylight saving time, the bill would provide that, commencing after 2 a.m. on the first Sunday of November occurring after the enactment of Missouri’s legislation, Kansas would not observe daylight saving time and would be exempt from the daylight saving time provisions of federal law. Upon the enactment of a federal law requiring the year-round observation of daylight saving time, the bill would direct all areas of Kansas to observe central daylight saving time, commencing after 2 a.m. on the first Sunday of November after the publication of the Secretary of State’s notice of the enacted federal law in the Kansas Register. The bill was received by the House and referred to the Committee on Federal and State Affairs (an exempt committee) on Monday, March 24.

 House Substitute (Sub.) for SB 126, as agreed to by the Conference Committee, would: 

• Update the current newborn screening program to establish the Advance Universal Newborn Screening Program.
• Increase the minimum statutory state financial assistance to local health departments from $7,000 per year to $12,000 per year.
• Increase 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.
• Exempt from the assessment critical access and licensed rural emergency hospitals that have revenues below the threshold determined by the Panel.

House Sub. for SB 126, as passed by the House Committee on Health and Human Services, contained the provisions of HB 2386, related to an update of the income eligibility requirements for the state Children’s Health Insurance Program (CHIP); HB 2397, related to local health department assistance; HB 2250, related to the hospital provider annual assessment rate; and amended provisions of HB 2399, related to the Advance Universal Newborn Screening Program. The Conference Committee agreed to the bill and agreed to remove the provisions of HB 2386 regarding CHIP income levels. The Conference Committee Report was passed by the House and Senate on Thursday, March 27, on votes of 123–1 and 40–0, respectively, and the bill will be enrolled and presented to the Governor. 

 Sub. for SB 193, as amended by the House Committee on Health and Human Services, would amend the Statewide Opioid Antagonist Protocol (established by 2017 HB 2217) by exempting law enforcement agencies from the Protocol’s requirements 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. The Senate concurred with the amendments on Tuesday, March 25, on a vote of 40–0 and the bill will be enrolled and presented to the Governor.

SB 216 would enact the Kansas Paid Sick Time Act and require employers with 15 or more employees to provide paid sick time to be compensated at the same hourly rate and benefits as normally earned. The bill would detail how earned sick time accrues, with accrual not occurring before Jan. 1, 2026. Employers would be required to provide employees with written notice regarding earned paid sick time and would be prohibited from requiring employees to find replacement workers when using paid sick time. The bill also would list other requirements and restrictions for employers and employees regarding the paid sick time, specify penalties for violation of the Act, and include provisions related to application of the Act for municipalities, counties, cities, towns or villages. The Secretary of Labor would be authorized to adopt rules and regulations to implement the bill’s provisions, and the Department of Labor would be authorized to investigate and enforce compliance with the Act. A motion in the Senate to withdraw the bill from the Committee on Commerce failed on Thursday, March 27, on a vote of 9–30 and the bill is dead for this session.

SB 218 would increase the minimum wage for Kansas to $15.00 per hour beginning Jan. 1, 2026. Each year beginning Jan. 1, 2027, rates would increase to include a cost-of-living factor that would be an amount equal to the percentage increase in the consumer price index for all urban consumers in the Midwest region as published by the Bureau of Labor Statistics of the U.S. Department of Labor during the immediately preceding year, rounded to the nearest five cents. The bill also would increase the minimum wage rate for employees receiving tips and gratuities, beginning Jan. 1, 2025, to at least 50.0 percent of the regular minimum wage rate. A motion in the Senate to withdraw the bill from the Committee on Commerce failed on Thursday, March 27, on a vote of 9–30 and the bill is dead for this session.

SB 250, as agreed to by the Conference Committee, would create the Right to Try for Individualized Treatments Act. The bill would authorize a manufacturer operating in an eligible facility to make available individualized investigative treatments and allow 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 would define terms used in the Act; define and establish a procedure for use of a patient’s biospecimen; address requirements for informed consent for investigational treatments, manufacturer requirements and liability exemptions; and clarify insurance and health coverage pursuant to the Act. The Conference Committee agreed to the House version of the bill and further amended the bill to define and establish a procedure for the use of a patient’s biospecimen. The Conference Committee Report was adopted by the House on Wednesday, March 26, on a vote of 119–3, adopted by the Senate on Thursday, March 27, on a vote of 40–0, and will be enrolled and presented to the Governor.

SB 284, as amended by the Committee on Financial Institutions and Insurance, would enact the Defense of Drug Delivery Act, pertaining to the federal 340B Drug Pricing Program. The Act would prohibit limitations on the acquisition or delivery of a 340B drug to a covered entity and prohibit manufacturers from requiring health information not otherwise required by the 340B program as a condition of receiving 340B drugs. The bill would provide for the Attorney General to adopt rules and regulations and the creation of a fund in the State Treasury for the implementation of the Act. The bill also would provide for civil penalties to be assessed for violations of the Act and empower the State Board of Pharmacy to investigate complaints. The bill was received by the House and referred to both the House Committee on Insurance and House Committee on Interstate Cooperation on Monday, March 24. The bill is likely dead for this session.

HB 2039, as agreed to by the Conference Committee, would amend statutes relating to home health agencies to clarify the definition of “home health agency” for the purposes of credentialing; amend law regarding emergency medical services (EMS) and EMS providers to clarify authorized activities of paramedics, advanced emergency medical technicians (advanced EMTs), emergency medical technicians (EMTs), and emergency medical responders; and amend the Health Care Provider Insurance Availability Act to add certain maternity centers to the definition of “health care provider.”

The Conference Committee amended HB 2280, related to the authorized activities of paramedics, advanced EMTs, EMTs, and emergency medical responders, to modify the definition of “public place” and specify that at least one person in the patient compartment of a vehicle providing emergency medical service must be EMS provider certified or authorized, a physician, a physician assistant, an advanced practice registered nurse, a professional nurse or a registered nurse. The bill would provide for counties with a population of 30,000 or less to operate ground vehicle EMS with one physician, physician assistant, advanced practice registered nurse, professional nurse, registered nurse holding a multistate license or certified or authorized EMS provider; the amendment would require EMS that choose to adopt this policy to notify the Board within 30 days of adoption. The Conference Committee then agreed to add the contents of HB 2280, as amended, and HB 2335, related to adding maternity center to the definition of health care provider, to HB 2039. The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 40-0, adopted by the House on Thursday, March 27, on a vote of 125–0, and the bill will be enrolled and presented to the Governor.

HB 2062, as agreed to by the Conference Committee, would amend law regarding child support to require such support be calculated from the date of conception, to require the court to consider the value of a qualified retirement account in determination of child support orders, and to eliminate the exemption of such accounts from claims to collect child support. The bill also would allow a personal exemption for any unborn child for the purposes of income taxation. The term “unborn child” would mean a living individual organism of the species Homo sapiens, in utero, at any stage of gestation from fertilization to birth. The Conference Committee agreed to the contents of HB 2062, as passed by the Senate, and further amended the bill to modify how tax exemptions may be allowed for an unborn child, and to add the contents of SB 237, as amended by the Committee of the Whole, concerning consideration of retirement plan accounts in child support, to the contents of HB 2062. The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 31–9, adopted by the House on Thursday, March 27, on a vote of 87–38 and was then enrolled and presented to the Governor on Monday, March 31.

HB 2069, as agreed to by the Conference Committee, would enact four multistate licensure compacts: the School Psychologist Compact, the Dietitian Compact, the Cosmetologist Licensure Compact, and the Physician Assistant Licensure Compact. The Conference Committee agreed to the provisions of HB 2069, as amended by the Senate Committee on Public Health and Welfare, and added the contents of HB 2068, as amended by the Senate Committee on Public Health and Welfare. The Conference Committee Report was adopted by the Senate and House on Wednesday, March 26, on votes of 40–0 and 121–1, respectively, and the bill will be enrolled and presented to the Governor. (Note: The Senate Committee on Public Health and Welfare had previously inserted the contents of HB 2070, related to the dietitian licensure compact, into HB 2069 and inserted the contents of HB 2219, related to the physician assistant licensure compact, into HB 2068.)

HB 2075, as agreed to by the Conference Committee, would amend law concerning when law enforcement may take a child under 18 into custody for suspected abuse or neglect (police protective custody); add a procedure for law enforcement to report suspected abuse or neglect to the Secretary for DCF for the purposes of initiating an investigation; and would amend law concerning the frequency of, and requirements for, permanency hearings under the Revised Code for the Care of Children.

The Conference Committee amended the bill to: 

• Add a provision requiring law enforcement officers to explore options other than taking a child into custody.
• Add a provision requiring the Secretary to receive law enforcement referrals related to a child who may be the victim of abuse or neglect and provide an update to the referring law enforcement agency within 24 hours of making contact with the subjects of the investigation.
• Require the court to review the involvement and receipt of written permanency plans by the parents and interested parties during each permanency hearing.

The Conference Committee Report was adopted by the Senate on Tuesday, March 25, on a vote of 38–0, adopted by the House on Wednesday, March 26, on a vote of 123–0, and the bill will be enrolled and presented to the Governor.

Senate Sub. for HB 2172, as agreed to by the Conference Committee, would create 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.

The bill would require the Task Force to:

• Evaluate major risks to the quality and quantity of the state’s water supply, including any impact on current and future economic growth and population stability.
• Determine steps the state must take to define and achieve a future supply of water for Kansans.
• Evaluate current funding for water in the state and determine whether such funding is sufficient to address the water issues included in the State Water Plan, including the state’s current and future water infrastructure needs.

The Conference Committee amended the bill to: 

• Clarify that no more than two members of the Task Force, who are not members of the Legislature, may represent the same stakeholder group.
• Require the Task Force to submit a preliminary report on or before Jan. 31, 2026, and a final report on or before Jan. 31, 2027, to certain legislative committees and the Governor.
• Clarify the Work Group works under the direction of the Task Force and require the Work Group to submit ongoing reports to the Task Force.
• Add three non-voting ex officio members to the Task Force.
• Authorize the Minority Leaders of the House of Representatives and Senate to jointly appoint two Kansas residents to the Task Force and decrease the appointees jointly appointed by the Speaker of the House and President of the Senate by two.

The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 40–0, adopted by the House on Thursday, March 27, on a vote of 116–8, and the bill was enrolled and presented to the Governor on Monday, March 31.

Senate Sub. for HB 2240, as agreed to by the Conference Committee, would prohibit state agencies, on and after July 1, 2025, from seeking or implementing any public assistance program waiver or other authorization from the federal government that would expand eligibility for any public assistance program or would increase any cost to the State without legislative approval. The bill would also prohibit making certain changes to services for persons with intellectual or developmental disabilities (I/DD) without the express consent or approval of either the Legislature or the Legislative Coordinating Council (LCC). The House nonconcurred with the Senate substitute bill and the Conference Committee agreed to disagree on Tuesday, March 24, and recommended that a new conference committee be appointed. The Second Conference Committee amended the bill so that LCC approval when the Legislature is not in session would apply to changes for both public assistance and I/DD programs. The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 31–9, adopted by the House on Thursday, March 27, on a vote of 90–35, and the bill was enrolled and presented to the Governor on Monday, March 31.

HB 2249, as agreed to by the Conference Committee, would add provisions that would become part of and supplemental to the Rural Emergency Hospital Act. The bill would authorize the Secretary for KDADS, upon application by a rural emergency hospital (REH) and compliance with certain requirements, to grant a physical environment waiver for existing nursing facilities to an REH to provide skilled nursing facility care. The bill also would establish the South Central Regional Mental Health Hospital, create a fee fund, update the catchment areas for the state hospitals, rename “Parsons State Hospital and Training Center” to “Parsons State Hospital,” and make technical and conforming amendments. The Conference Committee agreed to the provisions of HB 2249 and HB 2365, related to establishing the South Central Regional Mental Health Hospital, and further agreed to add the contents of HB 2365 to HB 2249. The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 40–0, adopted by the House on Thursday, March 27, on a vote of 123–1, and the bill will be enrolled and presented to the Governor.

House Sub. for HB 2294, as passed by the House, would establish the Kansas Office of Early Childhood, update law regulating child care centers and child care homes, and provide certain definitions, staffing requirements and professional development training. The bill also would transfer KDHE statutes related to Lexie’s Law to the Office of Early Childhood with certain modifications. Lexie’s Law, as enacted in 2010, requires the inspections of all child care facilities; issuing licenses with an expiration date and sticker; requiring the adoption of additional health, safety and supervision regulations; and developing an online information dissemination system, which provides survey findings within KDHE. The bill would transfer KDHE statutes related to Lexie’s Law to the Office. The following modifications would be updated within KDHE statutes and within the provisions of Lexie’s Law under the Office:

• A summer instructional camp that is provided by a not-for-profit school, verifiable nonpublic school, an employee of such school or verifiable nonpublic school, or person or group of persons providing educational activities for children ages Pre-K to high school to such persons’ children or organizations or persons providing services defined as day care under this bill may apply for and be granted a waiver as provided under this bill and would not be required to hold a license or temporary permit from the Director of the Office.
• “Child” is defined as an individual who is enrolled or attending kindergarten, is less than 18 years of age, is not a volunteer or employee, and is attending a youth development program.
• If a licensed youth development program or school-age program operates on or within the premises of a public or private school that is required to pass a fire safety inspection each school year, no additional fire safety inspection of the licensed youth development program or school age program would be required by the Director, the State Fire Marshal, the Fire Chief or any local political or taxing subdivision.
• The immunization requirement would not apply if a written statement is signed by the child’s parent or guardian that such immunizations violate sincerely held religious beliefs of the parent or guardian. Information and records that pertain to the immunization status of persons and whose parent or guardian has submitted a written statement of sincerely held religious beliefs regarding immunizations would not be disclosed or exchanged without a parent or guardian’s written release authorizing such disclosure.

The bill was received by the Senate and referred to the Committee on Public Health and Welfare on Tuesday, March 25. (The bill, when introduced, was referred to the Committee on Appropriations, an exempt committee, and could be considered during the upcoming veto session.)      

Senate Sub. for HB 2382, as agreed to by the Conference Committee, would require 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 also would allow the State Board of Education to establish the rates of compensation that board members receive for regularly scheduled meetings of the State Board and any other in-state meeting for participation in matters of educational interest to the State of Kansas.

The bill would require 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.

The bill would further require that such human fetal development presentations be included in any course or instruction regarding human growth, human development or human sexuality.

The Conference Committee amended the bill to allow the State Board to determine the compensation of State Board members. (HB 2382, as passed by the House, would have established set compensation amounts for board members while attending regularly scheduled board meetings and in-state meetings of education interest to the State of Kansas.) The Conference Committee Report was adopted by the Senate on Wednesday, March 26, on a vote of 31–9, adopted by the House on Thursday, March 27, on a vote of 84–40, and the bill was enrolled and presented to the Governor on Monday, March 31. 

House Concurrent Resolution (HCR) 5013, if adopted, would urge Congress to:

• Give state insurance regulators authority over Medicare Advantage plans.
• Conclude that states are better equipped to oversee Medicare plans and protect vulnerable populations from abusive and fraudulent marketing and advertising of Medicare Advantage plans, just as states oversee other health plans.
• Pass legislation that allows states to enforce their own marketing and consumer disclosure laws and regulations on Medicare Advantage plans.

The Senate received HCR 5013 on Monday, March 24, and referred it to the Committee on Financial Institutions and Insurance.

Bills Enrolled and Presented to the Governor

Sub. for SB 29 – Removing the authority of the county or joint board of health or local health officer to prohibit public gatherings when necessary for the control of infectious or contagious disease. Presented to the Governor on Tuesday, March 25.

Sub. for SB 67 – Authorizing registered nurse anesthetists to prescribe, procure and administer drugs consistent with the registered nurse anesthetist’s education and qualifications. Presented to the Governor on Tuesday, March 25.

SB 79 – Directing the Secretary of DCF to request a waiver from federal supplemental nutrition assistance program (SNAP) rules that would allow the state to prohibit the purchase of candy and soft drinks with food assistance. Presented to the Governor on Thursday, March 27.

HB 2101 – Prohibiting municipalities from adopting and implementing a guaranteed income program. Presented to the Governor on Tuesday, March 25.

HB 2284 – Directing the Department of Administration (DOA) to adopt written policies governing the negotiated procurement of managed care organizations to provide state Medicaid services pursuant to a contract with the Kansas Medical Assistance Program (KanCare). Presented to the Governor on Tuesday, March 25.

HB 2307 – Transferring the authority over the prenatally and postnatally diagnosed conditions awareness programs from KDHE to the Kansas Council on Developmental Disabilities, creating the Prenatally and Postnatally Diagnosed Conditions Awareness Programs Fund, and directing a one-time $25,000 transfer from the State General Fund to the new fund on July 1, 2025. Presented to the Governor on Tuesday, March 25.

HB 2311 – Prohibiting the Secretary from adopting and enforcing policies for placement custody and appointment of a custodian that may conflict with sincerely held religious or moral beliefs regarding sexual orientation or gender identity and creating a right of action for violations. The House concurred with the Senate amendments on Monday, March 24, on a vote of 84–38, and the bill was enrolled and presented to the Governor on Friday, March 28.