House Committee on Health and Human Services
(Rep. Will Carpenter, Chair)
On Monday, Feb. 2, the Committee held a hearing on House Bill (HB) 2509, which would amend the Health Care Provider Insurance Availability Act to include all advanced practice registered nurses (APRNs) in the definition of health care provider, thereby requiring participation in the Health Care Stabilization Fund.
Read testimony submitted by all conferees.
Proponents stated the bill would add the remaining APRN categories not currently required to participate in the Fund and emphasized the Fund’s role in ensuring access to care, maintaining affordable malpractice coverage and upholding patient protections. Opponents cited concerns about limited insurer participation in the Fund, potential increases in malpractice costs and past difficulties nurse midwives have experienced obtaining coverage when they were added to the Fund. Neutral testimony was provided by a representative of the Fund, who stated there are approximately 32 insurers that could potentially write professional liability coverage for APRNs due to their relatively low risk profile and participation in the Fund could lower premiums for APRNS already carrying $1 million in coverage.
Committee members asked questions regarding how surcharge rates are set and whether APRNs would face uniform costs (representative of the Kansas Medical Society stated rates vary based on practice risk and exposure and would likely differ among APRN specialties); whether similar funds exist in other states (fewer than 10 states have similar funds); how many insurers currently write policies for APRNs within the Fund versus outside (two within, five to six outside); and current premium costs (APRNs currently pay approximately $1,300 annually for $1 million in coverage).
The Committee also held a hearing on HB 2364, which would prohibit Medicaid, the Children’s Health Insurance Program (CHIP) and the State Employee Health Plan from favoring opioid medications over non-opioid prescription drugs for the treatment of acute pain. The bill would prevent insurers from requiring patients to try opioids first, imposing more restrictive authorization requirements on non-opioids or placing non-opioid medications on higher cost-sharing tiers.
Proponents stated the bill would remove insurance barriers to safer pain management options, reduce unnecessary opioid exposure and empower clinicians to prescribe non-opioid treatments based on medical judgement. There was no opponent or neutral testimony submitted. Committee members asked questions regarding whether the bill applies to private commercial insurance plans (Revisor said no); and whether the bill applies to chronic pain treatment (bill is intended for moderate to severe acute pain).
On Tuesday, Feb. 3, the Committee held a hearing on HB 2520, which would amend the definition of a Home Plus facility to increase the maximum number of residents from 12 to 16. The bill would allow a residence or facility caring for up to 16 unrelated individuals to continue operating under the Home Plus licensure category, effective July 1, 2026.
Read testimony submitted by all conferees.
Proponents stated the Home Plus model provides more personal, home-like care, particularly for individuals with dementia, and that rising costs related to staffing, insurance and inflation have made the 12-resident cap increasingly unsustainable and have led some Home Plus facilities to close. Opponents argued that increasing the cap to 16 would undermine the integrity of the Home Plus model by allowing more residents without requiring additional staffing or regulatory safeguards. Neutral conferees stated the Home Plus model fills an important role in the state’s long-term care continuum but raised concerns about life safety requirements, staffing pressures and data isolation.
Committee members asked questions regarding whether additional staff would be added (proponent said staffing is based on resident acuity and that an additional caregiver would be added if capacity increased); whether Home Plus facilities are more prevalent in rural areas (the model is particularly valuable in rural communities that cannot support larger facilities); the occurrence of involuntary discharges (involuntary discharges are rare and typically occur only when residents require a higher level of care); whether increasing capacity would change regulatory oversight (Home Plus is the only adult care category with a fixed resident cap and the bill would not alter other regulatory requirements); whether guardrails such as staffing ratios or transparency requirements could address staffing concerns (Long-Term Care Ombudsman stated she would be open to changes that establish enforceable staffing standards); and whether the Home Plus model could help address care deserts (representative of LeadingAge Kansas stated the model has been one of the fastest-growing options but regulatory clarity is needed).
The Committee also held a hearing on HB 2478, which would require APRNs and registered nurse anesthetists to submit fingerprints and undergo state and national criminal history record checks as part of licensure through the Kansas State Board of Nursing. Proponent testimony was presented by a representative of the Kansas State Board of Nursing who stated the bill would codify existing practice and allow the Board to conduct national background checks, improving patient safety and aligning APRN licensure with other nursing licenses. No opponent or neutral testimony was presented.
Committee members asked questions regarding why background checks are conducted by the Board rather than employers (licensure decisions require criminal history review and employers rely on the Board to do the checks before nurses are licensed); whether the FBI requested the statutory change (yes, this was a post audit request from the FBI); and whether national checks are already used for other nurses (they are required under the nurse licensure compact). The Committee closed the hearing and passed the bill favorably out of committee.
On Wednesday, Feb. 4, the Committee held a hearing on HB 2533, which would enact the occupational therapy licensure compact to allow occupational therapists and occupational therapy assistants to practice across state lines.
Read testimony submitted by all conferees.
Proponents stated the compact would reduce barriers to licensure, improve workforce mobility and increase access to occupational therapy services, particularly in rural and underserved areas. There was no opponent or neutral testimony submitted. Committee members asked questions regarding whether the fiscal note indicating one additional full-time equivalent position and approximately $65,500 in costs would be built into the bill (Revisor said compact language typically does not include funding provisions); whether the costs would be paid with State General Fund (SGF) dollars (a representative of the Kansas Chamber of Commerce said the costs would be paid from licensing fee funds, not SGF); and whether background check data sharing would create administrative burdens (recent FBI approval to share data with KBI should expedite processing). The Committee adopted a technical amendment clarifying language related to executive committee delegates and passed the bill favorably out of committee, as amended.
The Committee also held a hearing on HB 2534, which would enact the respiratory care interstate compact to allow respiratory therapists to practice across state lines.
Read testimony submitted by all conferees.
Proponents stated the respiratory care compact would mirror the benefits of other health care licensure compacts by improving workforce mobility, increasing access to care and reducing barriers for military families. They also offered several technical amendments to ensure compact language matched language adopted in other states. There was no opponent or neutral testimony submitted. Committee members asked whether licensees would pay fees to both their home state and the compact (the Revisor explained licensees would pay home state licensure fees and may also pay a compact privilege fee). The Committee adopted the proposed technical amendments and passed the bill favorably out of committee, as amended.
On Thursday, Feb. 5, the Committee held a hearing on HB 2528, which would make changes to the powers, duties and responsibilities of the Kansas State Board of Nursing. The bill would void certain disciplinary actions taken between January 2005 and July 2026 related to non-practice violations; revise definitions of unprofessional conduct; establish new licensure renewal notice requirements and grace periods; limit disciplinary authority related to late renewals; require investigations to be closed within one year; modify fine authority and standards of proof; mandate Senate confirmation of board members; and create protections against retaliation, including a private cause of action.
Read testimony submitted by all conferees.
Proponents stated the bill would distinguish licensure matters related to late renewals and paperwork errors from disciplinary actions, create clearer timelines and standards for investigations, and help retain nurses in the workforce while maintaining accountability for patient safety-related violations. Opponents argued the bill would significantly limit the Board’s disciplinary authority, raise concerns about public protection, create challenges for licensure oversight, does not distinguish between licensure issues and disciplinary matters, and could affect how information is shared with national databases and other states. There was no neutral testimony submitted.
Committee members asked questions regarding how disciplinary actions are reported and the consequences of being labeled unprofessional conduct (proponents said such actions are reportable and can affect future employment); whether nurses are allowed to continue working during investigations (some nurses are able to work while investigations are pending); and how the proposed timelines in the bill would change current practice (defined timelines would improve predictability and fairness).