Senate Committee on Public Health and Welfare
(Sen. Beverly Gossage, Chair)
On Tuesday, March 11, the Committee held a hearing on HB 2284, which was amended and passed by the House on Feb. 20 on a vote of 120-3 and would require the Department of Administration (DOA) to adopt written policies regarding the negotiated procurement of contracted Medicaid services provided by managed care organizations (MCOs). The bill would require the written policies to include the following:
- Prohibition on the destruction of records, including evaluation documents, which would be in compliance with the Kansas Open Records Act.
- Adoption of a tiebreak procedure if part of the evaluation process used to make award recommendations involves scoring by individuals or committees.
- Requirement to be transparent with the Legislature during each step of the procurement process to the fullest extent permitted by state law.
- An appeals process overseen and adjudicated by an appeals committee. The committee would oversee and adjudicate appeals in accordance with the policies adopted by the DOA.
Proponent testimony was provided by Rep. Will Carpenter, who stated that he and many members of the Robert G. (Bob) Bethell Joint Committee on Home and Community Based Services and KanCare Oversight see the need for oversight of the process of selecting MCOs. No opponent or neutral testimony was submitted. The Committee subsequently worked the bill on March 13 and passed it favorably out of Committee.
The Committee also held a hearing on HB 2249, which was passed by the House on Feb. 20 on a vote of 122-0 and would add provisions that would become part of and supplemental to the Rural Emergency Hospital Act. The bill would authorize the Secretary for the Kansas Department for Aging and Disability Services (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 would authorize the Secretary to grant a waiver to the REH to transition a maximum of 10 swing beds to skilled nursing facility beds if it met the following requirements:
- Licensed as a REH under the Act.
- Licensed as a hospital immediately prior to licensure as a REH.
- During licensure as a hospital, the REH provided skilled nursing facility services or critical access hospital swing beds to patients for a minimum of one year without an immediate jeopardy finding.
Proponent testimony was provided by representatives of LeadingAge Kansas and the Kansas Hospital Association who stated that the bill preserves access to short-term skilled nursing care in rural areas. Neutral testimony was provided by representatives of KDADS, and written-only neutral testimony was submitted by a representative of KDHE. The Committee subsequently worked the bill on March 13, made technical amendments, and passed it favorably out of Committee, as amended.
The Committee then held a hearing on HB 2280, which was passed by the House on Feb. 19 on a vote of 119-0 and would 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; reduce operational service requirements for non-emergency ambulance services; and require entities placing automated external defibrillators (AEDs) for use within the state to register with the Emergency Medical Services Board. The bill would amend definitions in law regarding EMS as follows:
- Update the definition of “advance practice registered nurse” to refer to individuals licensed and with the authority to prescribe drugs as provided in the definition within the Kansas Nurse Practice Act.
- Create a definition of “qualified healthcare provider,” which would mean a physician, a physician assistant when authorized by a physician, an advanced practice registered nurse or a professional nurse when authorized by a physician.
The bill also would amend language regarding the authorized activities of paramedics, advanced EMTs, and EMTs to specify that such activities would be authorized after successfully completing an approved course of instruction, local specialized device training and competency validation, and when ordered by medical protocols or upon the order of a qualified health care provider.
Proponent testimony was provided by representatives of the Kansas EMS Association (KEMSA) and the Emergency Medical Services Board and written-only proponent testimony was submitted by representatives of the Mid-America Regional Council Emergency Rescue and TECHS EMS. Proponents stated that the bill aligns EMS regulations with current practice, expands business opportunities for non-emergency transport services and creates a unified AED registry for better emergency response. No opponent or neutral testimony was submitted. Committee members asked questions regarding whether Kansas lags behind other states in AED registration (proponents stated that Kansas is mid-range, but this bill would improve tracking); the costs associated with the AED registration software (proponents stated that it is free and integrates with 911 systems); and whether failure to register an AED affects civil liability protection (proponents acknowledged concerns but stated that registration enhances public access and emergency response). The Committee subsequently worked the bill on March 12 and amended it to:
- Add a definition of “public place” and limit the requirement to register AEDs to persons or entities placing AEDs in such public places.
- Remove the requirement that an AED be registered for a person or entity that owns, leases, possesses or otherwise controls such device to be afforded civil liability protection.
- Amend current law that allows any county with a population of 30,000 or less to operate a ground vehicle providing interfacility transfers with one person who is a qualified health care provider if the driver of the vehicle is certified in cardiopulmonary resuscitation to apply the provision to the operation of ground vehicles providing ambulance services.
The Committee then passed the bill, as amended, favorably out of Committee.
The Committee also worked HB 2307, which was amended and passed by the House on Feb. 20 on a vote of 122-0 and would transfer the authorization and oversight of prenatally and postnatally diagnosed conditions awareness programs from KDHE to the Kansas Council on Developmental Disabilities, create the Prenatally and Postnatally Diagnosed Conditions Awareness Programs Fund, and direct a one-time $25,000 transfer from the State General Fund to the new fund on July 1, 2025. The Committee passed the bill favorably out of Committee.
On Wednesday, March 12, the Committee held a hearing on HB 2311, which was amended and passed by the House on Feb. 20 on a vote of 86-37 and would create law in the Kansas Revised Code for the Care of Children prohibiting the Secretary for DCF from adopting, implementing or enforcing certain policies with respect to who can be considered for selection as out-of-home or adoptive placement, custody, or appointment as permanent or SOUL custodian for a child in need of care. Policies that would be prohibited would include any that:
- Require a person to affirm, accept or support any governmental policy regarding sexual orientation or gender identity that may conflict with the person’s sincerely held religious or moral beliefs.
- Prohibit selection, appointment or licensure, if otherwise eligible, of a person because of such person’s sincerely held religious or moral beliefs regarding sexual orientation or gender identity or intent to guide or instruct a child consistent with such beliefs.
The bill would specify that nothing could be construed to prohibit the Secretary from considering the religious or moral beliefs of a child or the child’s biological family or community, including beliefs regarding sexual orientation and gender identity, in relation to those persons who are being considered for out-of-home or adoptive placement, custody or appointment when determining what placement is in the best interests of the child. The bill would allow a person aggrieved by a violation of the proscribed conduct in the bill to recover actual damages, injunctive relief, costs and reasonable attorney fees from DCF, but would prohibit actions from being brought against an entity that contracts with DCF.
Proponent testimony was provided by representatives of the First Amendment Partnership and three private citizens and written-only proponent testimony was submitted by representatives of Kansas Family Voice and the Kansas Catholic Conference and three private citizens, who stated the bill would expand the pool of foster and adoptive families and prevent discrimination. Opponent testimony was provided by representatives of Kansas Interfaith Action, Equality Kansas, Loud Light Civic Action and three private citizens and written-only opponent testimony was submitted by representatives of Trust Women, Planned Parenthood Great Plains Votes, American Atheists and Mainstream and 16 private citizens. Opponents stated the bill could harm LGBTQ+ children and could lead to lawsuits against DCF for allowing placements that are not in a child’s best interest. No neutral testimony was provided.
Committee members asked questions regarding whether Kansas currently has policies that bar foster families based on religious beliefs (opponents stated that no such policies exist in Kansas) and whether this bill would increase foster home availability (proponents stated that it would remove barriers for religious families who want to foster or adopt). The Committee took no action following the close of the hearing.
The Committee also held a hearing on HB 2365, which was passed by the House on Feb. 20 on a vote of 121-2 and would establish the South Central Regional Mental Health Hospital (South Central) as well as a 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 in statute. The bill would provide that South Central would follow the same rules and regulations as other state hospitals. South Central would be established in Wichita, Sedgwick County, Kansas and would be for the surrounding regional area to expand access to mental health beds in south-central Kansas. Proponent testimony was provided by representatives of the Kansas Mental Health Coalition and KDADS and written-only proponent testimony was submitted by a representative of the Kansas Associations for Chiefs of Police, Sheriffs, and Kansas Peace Officers. There was no opponent or neutral testimony provided.
Committee members asked questions regarding funding for the hospital’s operations (KDADS stated that construction funding is secured, and an operational budget will be proposed for fiscal year 2027); whether the new hospital would reduce strain on existing facilities (proponents stated that it would ease capacity issues at Osawatomie and Larned State Hospitals); and how the state plans to address staffing shortages (KDADS is working on recruitment strategies, including partnerships with local universities). The Committee subsequently worked the bill on March 13, made technical amendments and passed it favorably out of Committee, as amended.
On Thursday, March 13, the Committee held a hearing on HB 2335, which was passed by the House on Feb. 20 on a vote of 123-0 and would amend the Health Care Provider Insurance Availability Act to add certain maternity centers to the definition of “health care provider.” The bill would require a maternity center participating in the Health Care Stabilization Fund to have accreditation by the Commission for the Accreditation of Birth Centers and meet the licensure definition for maternity center in K.S.A. 65-503. Under this licensure definition, a maternity center is a facility that provides delivery services for normal, uncomplicated pregnancies but does not include a medical care facility, as defined by K.S.A. 65-425.
Proponent testimony was provided by a representative of New Birth Company, who stated the bill is a necessary technical fix to ensure maternity centers can access liability insurance. There was no opponent or neutral testimony provided. Committee members asked questions regarding why the bill had not passed in previous years (proponent stated that prior versions were caught in unrelated policy disputes) and whether adding maternity centers to the fund would encourage new centers to open (proponent stated that it would make Kansas a more viable place for maternity centers to operate).