Logo for Health at the Capitol

During Weeks 8 and 9 of the session, legislators resumed hearings on bills that were still alive after Turnaround. Health-related topics that were discussed during these two weeks included rural emergency hospital licensing, child welfare, abortion, housing, patient rights, gender- affirming services, fentanyl and other controlled substances and workforce training. The budget committees in each chamber also were busy reviewing and adopting the social services budgets. This edition of Health at the Capitol looks at health-related policy issues discussed during the eighth and ninth weeks of the session, from Feb. 28 through March 8.

Health at the Capitol is a weekly summary providing highlights of the Kansas legislative session, with a specific focus on health policy related issues. Sign up here to receive these summaries and more, and also follow KHI on Facebook, Twitter, LinkedIn, and Instagram. Previous editions of Health at the Capitol can be found on our ARCHIVE PAGE.

On Wednesday, Feb. 28, Senate President Ty Masterson stated that a bill would be introduced “in the next week or two” for a pilot program for the distribution of medicinal cannabis.

On Monday, March 4, the Kansas Division of the Budget announced that the state’s tax collections for February were $33.1 million, or 6 percent below the February estimate. This was the fifth consecutive month that tax receipts have been below estimates.

On Thursday, March 7, the House, on a vote of 81-39, passed House Bill (HB) 2749, as amended, which would amend reporting requirements for abortions performed in Kansas. The bill would provide for the written report of pregnancies lawfully terminated to be submitted by medical care facilities and persons licensed to practice medicine and surgery to the Kansas Department of Health and Environment (KDHE) on a biannual basis. (Current law requires submitting reports on an annual basis). The bill would require, except in the case of medical emergency, a patient to be asked, prior to the termination of a pregnancy, to indicate the most important factor regarding the reason for deciding to seek an abortion.

House Health and Human Services Committee
(Rep. Brenda Landwehr, Chair)

On Thursday, Feb. 28, the Committee worked Senate Bill (SB) 219, passed by the Senate during the 2023 session, which would have amended the Healthcare Provider Insurance Availability Act to add facilities where elective abortions are performed to the list of entities that are not health care providers and would have made such facilities ineligible to purchase professional liability insurance from the Health Care Stabilization Fund. The Committee removed the contents of the bill and inserted language from HB 2637, to create House Substitute (Sub.) for SB 219, which would expand the eligibility of facilities that can be licensed as rural emergency hospitals (REHs) to include facilities that were at any point during the period between Jan. 1, 2015, and Dec. 26, 2020, one of the following types of facilities:

  • Licensed critical access hospital.
  • General hospital with no more than 50 licensed beds located in a county in a rural area as defined in Section 1886(d)(2)(D) of the federal Social Security Act.
  • General hospital with no more than 50 licensed beds that is deemed as being located in a rural area pursuant to Section 1886(d)(8)(E) of the federal Social Security Act.
  • A department of a provider or a provider-based entity.

The bill also would define a “provider-based entity” as a provider of health care services or a rural health clinic that is either created by, or acquired by, a main provider for the purpose of furnishing health care services of a different type from those of the main provider under the ownership and administrative and financial control of the main provider. The substitute bill does not include the requirement that facilities eligible for REH licensure be located at least 35 miles from an existing hospital that was included in HB 2637, as passed by the House Health and Human Services Committee. Committee members discussed how the lack of the 35-mile requirement could impact current hospitals, the funding stream for rural emergency hospitals, and how the rural emergency hospital model varies from critical access hospitals, and then passed the substitute bill favorably out of committee.

On Thursday, Feb. 29, the Committee held a hearing on HB 2791, which would prohibit health care professionals from providing specified treatments for a child whose gender identity was inconsistent with the child’s sex, including certain surgical procedures, puberty blockers and other medications. The bill would make related definitions and outline exceptions to prohibitions. Health care professionals would be required to obtain informed consent from a child’s parent or guardian as detailed in the bill before discussing with a child the possibility of social transitioning, medication or surgery as a treatment for a child whose perceived gender or sex is inconsistent with such child’s sex. The bill would allow a civil cause of action against health care professionals in violation of the provisions of the Act and also would prevent professional liability insurance from covering related damages.

Proponent testimony was provided by Rep. Ron Bryce, representatives of Kansas Family Voice, Kansas Catholic Conference, Family Policy Alliance and six private citizens, who asserted a lack of evidence-based practices, expressed concerns about negative consequences of medical transition for children, and cited the need to prioritize the well-being and rights of children. Written-only proponent testimony was submitted by two private citizens.

Opponent testimony was provided by a representative of the American Civil Liberties Union (ACLU) of Kansas and six private citizens, who expressed concerns regarding the potential impact of denying gender-affirming care and how it might impact the availability of mental health providers and asserted that the bill would infringe on individual constitutional rights. Written-only opponent testimony was submitted by a former state representative, representatives of the Kansas Association of Defense Counsel; Kansas Black Leadership Council; Kansas Chapter, American Academy of Pediatrics; Kansas National Education Association; Kansas NOW; Kansas Public Health Association; Loud Light Civic Action; Mainstream; Planned Parenthood Great Plains Votes; True Colors Flint Hills; Unitarian Universalist Fellowship of Manhattan; Equality Kansas; Kansas Interfaith Action and 91 private citizens. Neutral testimony was provided by a representative of the DeVos Center at the Heritage Foundation, who noted the surge in gender dysphoria diagnoses, expressed concerns regarding gender-affirming care and referred to research in Western Europe indicating a reevaluation of gender-affirming treatments. Written-only neutral testimony was submitted by a representative of the Kansas State Board of Healing Arts.

Committee members asked questions regarding the long-term physical effects of transgender treatments, the language in the bill related to parental consent, whether gender dysphoria is included as a recognized disorder in the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition (DSM-IV), the certainty of determining a child’s gender trajectory, whether parents are advised or aware that their children have requested they be called by a different name or pronoun, and the experiences of individuals who have transitioned.

The Committee then held a hearing on HB 2792, which would prohibit gender-transition surgeries on minors and a violation would be considered unprofessional conduct under K.S.A. 65-2837. The bill also would require transgender care services and treatments to be conducted according to the clinical practice guidelines specified in Wylie C. Hembree, et al., “Endocrine Treatment of Gender-Dysphoric/Gender-Incongruent Person: An Endocrine Society Clinical Practice Guidelines.” There was no proponent testimony, and opponent testimony was provided by a representative of Grace United Methodist Church and seven private citizens, who emphasized the need for compassion, highlighted the positive impact of gender-affirming care and advocated for autonomy in personal decision-making. Written-only opponent testimony was submitted by a representative of Kansas Interfaith Action.

On Tuesday, March 5, the Committee held a hearing on SB 433, which would clarify the privileges of institutional license holders who are employed by the Kansas Department for Aging and Disability Services (KDADS), the Kansas Department of Corrections (KDOC) or by a third party contracted by the institution. The bill would allow state hospitals to increase their employment of doctors, as current language of the statute prevents employers from hiring institutional doctors that practice physical medicine only. Proponent testimony was provided by Scott Brunner, Deputy Secretary for Hospitals and Facilities at KDADS, who explained that language in the current statute requires candidates to have experience working in psychiatric practice or a community mental health center (CMHC) in addition to their institutional license. This requirement limits hiring options, as candidates without such experience cannot be considered. He clarified that the issue has arisen in recent hiring processes and mentioned having discussions with chief medical officers about its impact. The bill was then passed favorably out of committee.

The Committee then held a hearing on SB 352, which would have established the John D. Springer Patient’s Bill of Rights. The bill would have established who may visit a patient in medical care facility, required medical care facilities to provide for in-person visitation, and included parameters for medical care facilities as to restrictions regarding infection control protocols that may be placed on visitors. The bill would have provided medical care facilities immunity from civil liability for damages for acts taken in compliance with the bill unless the act constituted gross negligence or willful, wanton or reckless conduct. The bill would have established a remedy for a medical care facility’s compliance with the Act that causes a monetary penalty, fees or lost funding and establish the Medical Care Facility Reimbursement Fund and protocol for reimbursement through the Fund with State General Funds. The bill would have established patients’ rights that medical care facilities would have to protect and promote. The bill also would have established a civil case of action against a medical care facility for violations of the bill. Proponent testimony was provided by a private citizen who highlighted the importance of in-person visitation but also expressed concerns regarding the inclusion of the Medical Care Facility Reimbursement Fund in the bill and whether medical facilities would actually lose funding. Written-only proponent testimony was submitted by two private citizens. Opponent testimony was provided by representatives of the Kansas Hospital Association and the Kansas Medical Society, who expressed concerns regarding the bill’s potential impact on patient care, impediments that would prevent hospital staff from managing sensitive situations effectively (instances of human trafficking, domestic violence and child abuse), the anticipated financial burden on hospitals, and the need for flexibility within the hospital setting. Committee members asked questions regarding the funding mechanism of the Medical Care Facility Reimbursement Fund, the potential fiscal impact of the legislation, the origins of the bill language regarding the use of restraint or seclusion, and the potential financial and legal consequences of the bill.

The Committee subsequently worked the bill on Wednesday, March 6, and created House Sub. for SB 352, by removing the contents of the bill and inserting the contents of HB 2548, which was passed by the Committee on Feb. 8 but stricken from the House calendar on Feb. 23. The substitute bill would establish the No Patient Left Alone Act regarding the end of life. The substitute bill would establish who may visit a patient in a patient care facility and would require patient care facilities to provide for in-person visitation. The bill also would provide parameters for patient care facilities as to what restrictions may be placed on visitors. The bill would provide patient care facilities immunity from civil liability for damages for acts taken in compliance with the bill unless the act constituted gross negligence or willful, wanton or reckless conduct and provide for patient care facilities to remain in compliance with federal law, rules, regulations and guidance. The Committee discussed the differences between the two bills and expressed concerns that original SB 352 could undermine rural hospitals financially, be unreasonable for hospitals to implement, and put significant financial burdens on taxpayers to fund the Medical Care Facility Reimbursement Fund if the state lost Medicaid federal matching funds because the Centers for Medicare and Medicaid Services (CMS) determined that the hospitals were not in compliance with CMS guidelines. The Committee then passed the substitute bill favorably out of committee.

On Thursday, March 7, the Committee worked SB 233, passed by the Senate on Feb. 23, which would have created the Kansas Child Mutilation Prevention Act to allow an individual who had what the bill defined as a “childhood gender reassignment service” to bring a civil cause of action against a physician who performed the service. The Committee removed the contents of SB 233 and inserted provisions of HB 2791 (described above), to create House Sub. for SB 233. Committee members discussed the mental health of minors experiencing gender dysphoria; how gender-affirming care impacts the risk of suicide among minors; and how state employees, Kansas Department for Children and Families (DCF) contractors, and foster families might be affected by the bill. The Committee amended the bill to:

  • Remove Section 3 of the bill pertaining to informed consent.
  • Provide for health care professionals who violate the provisions of the Act to have their licenses revoked.
  • Provide for health care professionals who violate the Act to be held liable for 10 years from the date that the individual who received treatment turns 18 years of age.
  • Provide a definition of “medication” in Section 2 of the bill.

The Committee then passed the substitute bill, as amended, favorably out of committee.

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

On Thursday, Feb. 29, the Committee held an informational hearing on HB 2791, described above. Proponent testimony was provided by representatives of Do No Harm, Kansas Family Voice and three private citizens. Written-only proponent testimony was provided by an out-of-state private citizen. Opponent testimony was provided by representatives of Equality Kansas, Kansas Interfaith Action, ACLU of Kansas, and two private citizens. Written-only opponent testimony was provided by a private citizen. No neutral testimony was provided.

On Tuesday, March 5, the Committee held a hearing on HB 2777, which would prohibit any representative of the State Fire Marshal from using body cameras or other media recording devices during on-site inspections of licensed care facilities, which include hospitals, recovery centers, hospice facilities, psychiatric residential treatment facility or child care facility, or community-based locations were individuals with intellectual and developmental disabilities receive habilitation services. Proponent testimony was provided by Representative Tim Johnson and a representative of LeadingAge Kansas. Written-only proponent testimony was submitted by representatives of the Kansas Health Care Association, Kansas Center for Assisted Living and Kansas Hospital Association. There was no opponent testimony. Neutral testimony was provided by Mark Engholm, State Fire Marshal, who spoke to the value of footage for the safety and protection of employees during inspections and stated that the presence of a body camera helps to de-escalate conflicts and provides documentation if a complaint is made. Committee members asked questions about classification as law enforcement (yes, the State Fire Marshal is considered a law enforcement agency by statute), regulations regarding carrying a weapon on duty (agency has no regulations that address the carrying of weapons by inspectors), and alternative methods of documentation for accountability (audio recording).

The Committee also held a hearing on HB 2596, which would amend the state Uniform Controlled Substances Act to add 35 new substances to the Act, including 23 fentanyl-related controlled substances. The bill would add four additional substances to be excluded from control as Schedule II opioids: thebaine-derived butorphanol, naldemedine, naloxegol and samidorphen. The bill would add daridorexant, a medication used to treat insomnia, and serdexmethylphenidate, an active ingredient in medication used to treat attention deficit/hyperactivity disorder, to the list of Schedule IV substances. The bill would add ganaxolone, a medication used to treat a particular type of seizure, to Schedule V. Proponent testimony was provided by Alexandra Blasi, Kansas Board of Pharmacy, and written-only proponent testimony was submitted by Bob Stuart, Kansas Bureau of Investigation. Neutral testimony was provided by a private citizen. There was no opponent testimony.

On Wednesday, March 6, the Committee held a hearing on HB 2536, as amended, which would establish a new legal permanency option for children 16 years of age or older who are in the custody of the Secretary of DCF. The bill also would amend various statutes contained in the Revised Kansas Code for Care of Children to reference this new form of permanency, which would be designated as SOUL Family Legal permanency. Proponent testimony was provided by representatives of the Children’s Alliance of Kansas, Cultural Creations, the SOUL Team, FosterAdoptConnect, Kansas Family Advisory Network, Kansas Appleseed and two private citizens. Written-only proponent testimony was provided by DCF, ACLU of Kansas, Kansas Office of Public Advocates Division of the Child Advocate, Kansas Action for Children, TFI Family Services, Saint Francis Ministries, Cornerstones of Care and KVC Kansas. There was no opponent or neutral testimony. Committee members asked questions regarding the $2.5 million fiscal year (FY) 2026 cost in the fiscal note (transitional costs), how the bill addresses situations where the parent is determined to be unfit but doesn’t terminate parental rights (permanent care giver would be legal authority), safeguards against exploitation (background checks), the percentage of youth in foster care likely to establish SOUL families (25 percent) and the eligibility of a 24-year-old relative to be a custodian (technically feasible, but practical considerations often deter older siblings from becoming custodians).

House Child Welfare and Foster Care Committee
(Rep. Susan Concannon, Chair)

On Wednesday, Feb. 28, the Committee heard a presentation about KanCoach, a program that started under the umbrella of the University of Kansas and is now part of the Children’s Alliance of Kansas. The program offers evidence-based coaching programs tailored to the needs of the Kansas child welfare workforce and aims to enhance supervision skills, improve decision-making and mitigate the effects of secondary traumatic stress (STS) among child welfare professionals. Since starting in July 2020, KanCoach has had an 82 percent completion rate, with 331 of 404 enrollees completing the program. Committee members asked questions regarding a waitlist to participate (there is currently a waitlist), the makeup of the cohorts (supervisors and administrators from private contractors around the state as well as DCF supervisors) and quantifying results (KU evaluation team is in the final stages of this work).

On Wednesday, March 6, the Committee met to hear a presentation from Bethanie Popejoy, Kayla Stone and Robert Stuart, Kansas Bureau of Investigation (KBI), regarding crimes against children and the use of victim advocates. Popejoy provided a history of advancements in investigating child victim crimes, including the implementation of the Finding Words Kansas protocol in 2005 and the enactment of Jessica’s law in 2006. New components that have been focused on or used in the investigation of crimes against children include internet crimes and an electronic service dog. Stone discussed the Law Enforcement Victims Assistance (LEVA) Program, which provides advocacy and support to crime victims with a mission to advocate for victims’ rights, offers resources and provides emotional support, particularly focusing on crimes against children. Stuart highlighted the increasing prevalence of cyber tips related to potential sexual abuse materials online and emphasized the need for continued funding and support from the Legislature to address online exploitation and its connection to abuse of children. Committee members asked questions regarding the budget enhancement request from KBI, the cause of the increase in cases of crimes against children in 2023 (children being stuck at home during COVID), the prevalence of trafficking (mainly international and dealt with by Homeland Security), the nature of online exploitation networks, and restitution for victims of child exploitation under Kansas law (typically none).

On Thursday, March 7, the Committee held a hearing on HB 2629, as amended, which would amend provisions in law pertaining to the State Child Death Review Board. The bill would eliminate certain reporting requirements by a coroner involving the investigation and autopsy of child death and would require KDHE to provide the Review Board with a copy of the child death certificate. The bill would also increase the Review Board’s membership, outline its responsibilities, allow for member compensation, address the disclosure and maintenance of the Review Board’s records, and remove the limit on the Review Board’s access to DCF and other social service agency records involving services provided to the child or the child’s family. Proponent testimony was provided by Sarah Hornstein, Office of the Attorney General and Executive Director of the Kansas Child Death Review Board. There was no opponent testimony. Written-only neutral testimony was provided by KDHE. The Committee asked questions about the impact on families seeking autopsy reports, timeline for receiving autopsy reports, the notification process currently in place and the 15-year retention period (from the time the board completes the review).

House Welfare Reform Committee
(Rep. Francis Awerkamp, Chair)

On Thursday, Feb. 29, the Committee heard a presentation from Andy Brown, Deputy Secretary, KDADS, on the agency’s data on homelessness, housing services, KDADS’ use of consultants to assist with the policies and programs for addressing homelessness, Assisted Outpatient Treatment (AOT) programs, the Built for Zero initiative, and key provisions in HB 2723, which would create a grant fund that would be administered by KDADS to create homeless shelter infrastructure and a program to administer the funding and contracts. The funding would not exceed $40.0 million from the State General Fund and would be for FY 2025 only, and KDADS would award the funds to Kansas  local governments that meet the specified requirements. The funds to be allocated would be for the building of, or capital improvements to, congregate and non-congregate shelters that provide services for individuals and families experiencing homelessness and persons at risk of homelessness. Funding awarded to a local government would be matched by the local government, dollar-for-dollar.

Brown explained that KDADS has a role in homelessness because the agency is responsible for providing services and supports for Kansans with disabilities, mental and behavioral health disorders and those who struggle with substance use disorder (SUD). Brown highlighted data from the 2023 Point in Time (PIT) Count, which recorded 2,636 individuals experiencing homelessness in Kansas on that specific date. Of those individuals:

  • 40 percent report having a disability,
  • 21 percent report having a serious mental illness, and
  • 16 percent report having a substance use disorder.

Brown stated that the PIT count indicated that 29.1 percent were determined unsheltered and noted that Kansas is ranked 16th highest in the U.S. for the percentage of homeless individuals without shelter. He also stated that cities such as Lawrence, Topeka, Wichita and Kansas City, Kansas, exhibit a significant presence of unsheltered individuals due to the scarcity of affordable housing and inadequate support services. He also noted that one of the biggest barriers associated with the Kansas Housing Trust Fund, a fund used to finance affordable housing initiatives and programs such as housing vouchers, is landlords being unwilling to accept the vouchers from potential tenants.

The Committee subsequently held a hearing on HB 2723 on March 5. Proponent testimony was provided by Rep. Leah Howell, KDADS, City of Topeka, Unified Government of Wyandotte County and Kansas City Kansas, Greater Kansas City Mental Health Coalition, Lawrence Chamber, League of Kansas Municipalities, Wyandotte County Behavioral Health Network, City of Liberal, Housing Community Services in Wichita, Valeo Behavioral Health Center, HSH Homeless Ministry Inc., and a Sedgwick County Commissioner. Written-only proponent testimony was provided by Johnson County Government and the City of Haysville. Neutral testimony was provided by representatives of Cicero Action, United Community Services of Johnson County, Crosslines Community Outreach, Kansas Statewide Homeless Coalition, and Kansas Balance of State Continuum Care, and written-only neutral testimony was provided by representatives of the Coalition to End Homelessness, the City of Bel Aire, Kansas Action for Children and Community of Hope.

Committee members asked questions regarding whether or not to expand grant funding eligibility for local governments that wish to provide transitional and permanent housing infrastructure, whether cities are currently or can enforce local camping and vagrancy laws, prioritizing rural and frontier populations that have homeless populations to make sure grant funds are equitably distributed, and monitoring the impact of funded projects for accountability and to ensure projects are fulfilling intended outcomes.

On Thursday, March 7, the Committee held a roundtable discussion to explore Committee members’ perspectives on homelessness, particularly in relation to HB 2723. Topics of discussion included the definition and examples of wraparound services, the importance of evidence-based practices and input from subject matter experts in shaping policy decisions, how cities enforce local camping and vagrancy laws, whether it is feasible for cities to enforce these laws, and the option of a statewide camping and vagrancy law. Committee members also examined economic factors contributing to homelessness, such as high rental and homeownership prices, increased utility prices during extreme cold, and the cost of medical care. Students from Southeast High School in Wichita were present and one student who was asked to provide insights on homelessness explained the significance of having personal or lived experiences when understanding and addressing the complexity of homelessness.

 

House Commerce, Labor and Economic Development Committee
(Rep. Sean Tarwater, Chair)

On Thursday March 7, the Committee held a hearing on HB 2785, which would establish the Kansas Office of Early Childhood within the Executive Branch, to be administered under the direction and supervision of the Executive Director of Early Childhood. The Director would be appointed by the Governor, subject to confirmation by the Senate. Existing early childhood programs currently housed within DCF, the Kansas State Department of Education (KSDE), Kansas Children’s Cabinet and Trust Fund, and KDHE would be transferred to the agency. The agency would include the Division of Child Care, Division of Home Visitation, Division of Head Start Collaboration, and the Kansas Children’s Cabinet and Trust Fund. The Office would facilitate and coordinate interagency cooperation toward the goal of serving children and families. Proponent testimony was provided by representatives of the Kansas Children’s Cabinet, DCF, Kansas State Alliance of YMCAs, Child Care Aware of Kansas, KDHE, Kansas Action for Children, Thrive Allen County/Thrive Kansas and Kansas Association of Local Health Departments. Written-only proponent testimony was submitted by Sen. Pat Pettey and representatives of the Reno County Chamber of Commerce; Kansas Head Start Association; Coffeyville Public Schools; TOP Early Learning Center; Kansas Children’s Cabinet and Trust Fund; Cheyenne County Childcare Coalition; USD 258 Humboldt Schools; the Family Conservancy; Kiowa, Barber and Comanche counties; Salina Area Chamber of Commerce; Kansas Department of Commerce; Northrock Inc.; Chamber of Lawrence; Johnson County Department of Health and Environment; Kansas Chapter, American Academy of Pediatrics; AdventHealth; United Methodist Health Ministry Fund; the Greater Kansas City Chamber of Commerce; Civic Council of Greater Kansas City; Barber County United; Kansas Breastfeeding Coalition; Kansas Children’s Service League (KCSL) and the Reno County Child Care Task Force. There was no opponent testimony. Neutral testimony was provided by a representative of the Boys & Girls Clubs of Topeka, on behalf of the Kansas Alliance of the Boys & Girls Club. Written-only neutral testimony was submitted the METL (Manhattan, Emporia, Topeka, Lawrence) Coalition. Sec. Laura Howard, DCF, explained that the unification of the early childhood programs into the Office of Early Childhood offers benefits such as reducing bureaucracy and confusion in accessing services for parents, streamlining regulatory and licensure processes for providers, reducing duplication of work, optimizing the use of different funding streams and providing a focused point of accountability across multiple programs dedicated to early childhood. Sec. Janet Stanek, KDHE, explained that the current system includes overlapping requirements on providers, policy misalignment, funding streams that do not align and a lack of clear lines of authority. Both Sec. Howard and Sec. Stanek, along with other proponents, explained that the bill carries out the intentions of the Kansas Early Childhood Taskforce that was established by Gov. Kelly in January 2023. Committee members asked questions regarding the current structure of programs, current collaboration of state agencies and persisting silos, and other ways restructuring may be accomplished instead of the creation of a new agency.

House Judiciary Committee
(Rep. Susan Humphries, Chair)

On Wednesday, March 6, the Committee held a hearing on HB 2381, which would revise the Kansas Code for Care of Children by requiring the court to appoint an attorney to represent a child who is the subject of a child in need of care proceeding, making the guardian ad litem appointment optional. The appointed attorney would have access to all information and records necessary for the representation of the child. Proponent testimony was provided by representatives of Kansas Appleseed, Center for Rights of Abused Children and a private citizen. Written-only proponent testimony was submitted by representatives of the National Coalition for A Civil Right to Counsel, National Association of Counsel for Children and Kerrie Lonard, Division of Child Advocate. Written-only opponent testimony was submitted by representatives of Alwin Legal Services and Kansas District Magistrate Judges Association, and 10 private citizens. Neutral testimony was provided by representatives of CASA Johnson and Wyandotte Counties, Kansas Bar Association, Cowley County Chief Judge Nicholas St. Peter, Kansas District Judges Association, and one private citizen. Written-only neutral testimony was submitted by representatives of the Sedgwick County Board of Commissioners and the Kansas Association of Counties.

Committee members asked questions regarding possible alternative solutions instead of the bill, whether CASAs are mandatory reporters (yes), whether one attorney could represent a sibling group (yes, unless a conflict of interest arises), why guardian ad litems (GALs) have an excessive number of cases (few attorneys who practice Child in Need of Care law and low compensation), the standard for the “substituted judgment” model for pre-verbal or developmentally disabled children, and what can be done to make the GAL statute more robust.

Senate Judiciary Committee
(Sen. Kellie Warren, Chair)

 On Wednesday, March 6, the Committee held a hearing on HB 2549, as amended, which would amend law in the Kansas Adoption and Relinquishment Act governing petitions to terminate parental rights and notice required to be given in a hearing on a petition for adoption. The bill would specify a termination of parental rights (TPR) petition may be filed only as part of a petition for adoption or as a separate action in connection with the petition for adoption. Current law provides that a TRP may be filed as an independent action. For TPR petitions that are filed separately from petitions for adoption, the bill would specify venue for TPR petitions must be in the county where the child or a parent resides or is found and satisfy other legal requirements as stated in the bill. The bill passed the House floor, as amended, 119-1. Proponent testimony was provided by Austin Kent Vincent, a member of the Adoption Law Advisory Committee of the Kansas Judicial Council. There was no opponent or neutral testimony. Committee members asked questions regarding the appeal order timeline (30 days), the definition of a child, and why Kansas allows adult adoption.

Senate Transportation Committee
(Sen. Mike Petersen, Chair)

 On Thursday, March 7, the Committee held a hearing on HB 2499, which would prohibit the use of a mobile telephone while driving by drivers under the age of 18 and for all drivers while driving in construction zones with workers present or in school zones during hours of reduced speed enforcement. The bill would specify holding a mobile telephone when not permitted under the bill would constitute prima facie evidence of a violation. Proponent testimony was provided by representatives of AAA Kansas, Kansas Association of Chiefs of Police, Kansas Sheriffs Association, Kansas Peace Officers Association, Kansas Contractors Association, Kansas Department of Transportation, Kansas Highway Patrol, and a private citizen. Written-only proponent testimony was submitted by representatives of DCCCA, Advocates for Highway and Auto Safety, StopDistractions.org, Heart of America Chapter of the American Traffic Safety Services Association, General Motors, Safe Kids Kansas and a private citizen. There was no opponent or neutral testimony. Committee members asked questions regarding why a full ban for all ages isn’t being pursued and requested data supporting why those under 18 should be the only age included, legislative opposition to a similar bill in a previous session, what constitutes a hands-free device, insights into different accident causes in Kansas, and information on the $60 fine accompanying each violation.

House Corrections and Juvenile Justice Committee
(Rep. Stephen Owens, Chair)

On Tuesday, March 5, the Committee held a hearing on Senate Bill 414, as amended, which would amend the Kansas Criminal Code with respect to fentanyl-related controlled substances (fentanyl). The bill would specify the penalty to be applied in the crime of unlawful distribution of fentanyl when distributed by weight or dosage unit, modify langue pertaining to the rebuttable presumption of intent to distribute, and apply a special sentencing rule to the crime of unlawful distribution of fentanyl. Proponent testimony was provided by representatives of the KBI, Johnson County District Attorney’s Office and the Kansas Sherriff’s Association, who argued that SB 414 is essential for holding fentanyl dealers accountable and protecting Kansans from the consequences of the drug, including increased deaths and emergency room visits. Opponent testimony was provided by Rep. Brett Fairchild and representatives of Kansans for Hemp, Planted Association of Kansas, ACLU of Kansas, Libertarian Party of Kansas, Marijuana Policy Project, and Kansas State Board of Indigent Services, who pointed to the unintended consequences of including language related to marijuana in the bill, which could potentially result in individuals purchasing legal hemp products being treated as felons, and the broader concern of increasing penalties for marijuana-related offenses, which contradicts national trends. There was no neutral testimony. Committee members asked questions regarding potential conflicts with other pending legislation regarding rebuttable presumptions, the inclusion of marijuana in the bill (added from SB 413), the ability to prove knowledge of fentanyl presence (knowledge is not required for possession), whether the bill language would affect CBD oil distributers (no), and potential implications for pain medication users (bill targets dealers rather than users).

On Wednesday, March 6, the Committee held a hearing on SB 419, which would amend law in the Kansas Criminal Code pertaining to the crime of aggravated endangering a child. Specifically, the bill would amend elements of the crime to reflect conduct involving fentanyl-related controlled substances, increase the penalty for the crime when bodily harm is inflicted upon the child, and add “fentanyl-related controlled substance” and “methamphetamine” to the list of terms defined in the crime. Proponent testimony was provided by representatives of the Office of the Attorney General, Johnson County Sheriffs Office, Kansas Association of Chiefs of Police, Kansas Sheriffs Association and Kansas Peace Officers Association, who stressed the increasing presence of fentanyl in Kansas and incidents of children being present during drug buys when fentanyl is present. Written-only proponent testimony was submitted by Attorney General Kris Kobach and representatives of the KBI and Kansas County and District Attorneys Association. Written-only opponent testimony was submitted by a representative of the Kansas State Board of Indigent Defense Services.

House Insurance Committee
(Rep. William Sutton, Chair)

On Wednesday, March 6, the Committee held a hearing on HB 2810, which would amend the Kansas Life and Health Insurance Guaranty Association Act (Act) to incorporate 2017 revisions to the National Association of Insurance Commissioners (NAIC) Life and Health Guaranty Association Model Act (Model Act). The revisions would include allocating long-term care insurance assessments equally between life insurance and health insurance members and would also include health maintenance organizations (HMOs) as member insurers of the Guaranty Association. The Guaranty Association is a statutory entity created by the Legislature that is composed of insurers licensed to sell life and health insurance in the state. In the event that a member insurer is found to be insolvent and is ordered to be liquidated by a court, the Guaranty Association provides protection (up to the limits spelled out in the Act) to Kansas residents who are holders of life and health insurance policies with the insolvent insurer. The task of servicing the insolvent insurance company’s policies and providing coverage to Kansas policyholders becomes the responsibility of the Guaranty Association. Proponent testimony was provided by Eric Turek, Kansas Insurance Department, and representatives of the American Council of Life Insurers and Kansas Employers for Affordable Health Care. Written-only proponent testimony was submitted by representatives of Blue Cross and Blue Shield of Kansas and the Coalition of Health Insurers. There was no opponent or neutral testimony. Committee members asked questions regarding why HMOs are being added to the Guaranty Association (the need to enlarge the assessment pool to spread the liability and not overburden the member insurers and insure a guarantee of payment to policyholders) and the insolvency event that caused the revisions to be made (Penn Treaty, with 76,000 long-term care policyholders nationwide in 2016).

Senate Assessment and Taxation Committee
(Sen. Caryn Tyson, Chair)

On Tuesday, March 5, the Committee held a hearing on SB 498, which would amend the adoption tax credit, enact the Pregnancy Resource Act that would provide a tax credit for certain contributions to certain pregnancy resource centers and residential maternity facilities, and enact a sales tax exemption for pregnancy resource centers and residential maternity facilities. The bill would increase, beginning in tax year 2024, the adoption tax credit to 100 percent of the federal adoption tax credit and would make it a refundable tax credit. The bill would create a tax credit for contributions to nonprofit pregnancy centers or residential maternity centers exempt from federal income tax, provided that such centers:

  • Maintain a dedicated phone number for clients.
  • Maintain a primary physical office, clinic or residential home in Kansas for a minimum of 20 hours a week, excluding state holidays.
  • Offer services free of charge to clients for the express purpose of providing assistance to women in carrying pregnancies to term, preventing abortion and promoting healthy childbirths.
  • Utilize trained and licensed medical professionals in the performance of any available medical procedures.

Proponent testimony was provided by representatives of Advice & Aid Pregnancy Centers, Kansas Catholic Conference, Kansas Family Voice, Kansans for Life, Lifeline Children’s Services and Wyandotte Pregnancy Clinic, who emphasized support for vulnerable populations and praised pregnancy resource centers (PRCs) for meeting the needs of vulnerable families and moms by providing counseling, adoption assistance and material aid. Written-only proponent testimony was submitted by representatives of Mary’s Choices and the Kansas City Pregnancy Center, and two private citizens. Opponent testimony was provided by a representative of Trust Women Foundation, who stated the bill serves as a diversion of taxpayer dollars to unregulated pregnancy crisis centers and argued that the bill excludes reputable health care providers from receiving support through the tax credit. She also highlighted racial and ethnic disparities in maternal mortality rates. Written-only opponent testimony was submitted by representatives of Planned Parenthood Great Plains Votes and Mainstream and a private citizen. There was no neutral testimony. Committee members asked questions regarding the role of public health organizations in helping pregnant Kansans determine which option is right for them, the services provided by Trust Women Foundation, and data regarding how many women who visit Trust Women Foundation choose to continue their pregnancy.

On Thursday, March 7, the Committee held a hearing on SB 435, which would provide a sales tax exemption for period products, diapers and incontinence products beginning on July 1, 2024. The bill also includes definitions for period products, diapers and incontinence products. Proponent testimony was provided by Sen. Oletha Faust-Gadeau, representatives of Honor Moon Foundation, Unite for Reproductive and Gender Equity, and one private citizen. Written-only proponent testimony was submitted by representatives of Kansas Birth Justice Society, Equity Period, Period Law, Loud Light Civic Action, Planned Parenthood Great Plains Votes, Consumer Health Care Products Association, Kansas Coalition Against Sexual and Domestic Violence, Flow Forward Foundation, Period, and four private citizens. Neutral testimony was provided by a representative of the League of Kansas Municipalities and there was no opponent testimony.

 House Appropriations Committee
(Rep. Troy Waymaster, Chair)

On Wednesday, Feb. 28, the Committee reviewed the Social Services Budget Committee (Budget Committee) Report for KDHE – Division of Health for Fiscal Year (FY) 2024 and adopted the Governor’s budget recommendation for $3.9 billion, including $850.5 million State General Funds (SGF). The Committee also reviewed the Budget Committee’s Report for KDHE – Division of Health for FY 2025 and approved the Governor’s budget recommendation for $4.6 billion, including $777.7 million SGF, with the following adjustments:

  • Add $843,493, all SGF, to increase funds available to local health departments using the statutory distribution formula contained in KSA 65-242. This increase will bring the total amount available for distribution to the 100 local health departments in Kansas for funds distributed using the formula to $5.6 million.
  • Add $1.9 million, including $738,000 SGF, to eliminate the 5.0 percent rate difference hospice providers receive for patients in facilities with Medicaid as a second payer and added language requiring KDHE to work with hospice stakeholders and submit to the Centers for Medicare and Medicaid Services (CMS) any required state plan amendments needed to implement new payment and systems for hospice providers.
  • Add $1.8 million, including $700,000 SGF, to increase the Medicaid rate for Family Service Coordination (T1017) and Family Training and Counseling (T1027) to $18.75/unit.
  • Add $3.8 million, including $1.5 million SGF, to increase the Medicaid reimbursement rate for Applied Behavioral Analysis to $65 per hour. The rate is currently $47 per hour.
  • Add $550,000 SGF to fund Project Access, Health Access and Wy Jo Care. Project Access, Health Access and Wy Jo Care coordinate donated health care to provide health care to low-income, uninsured residents of Sedgwick, Wyandotte and Johnson Counties.
  • Add $33.9 million, including $13.6 million SGF, to increase those physician provider codes that are currently below 79.5 percent of the Medicare rate or have no equivalent Medicare rate, by 15 percent.
  • Add $45.2 million, including $17.9 million SGF, to raise all Medicaid outpatient hospital provider codes by 30.0 percent.
  • Add $2.0 million SGF as one time funding to reimburse hospitals that are operating as Rural Emergency Hospitals without the designation as such.
  • Delete $715.0 million all funds, including the addition of $61.8 million SGF, to remove funding for Medicaid Expansion.

The Committee also reviewed the Budget Committee’s Report for the Department for Children and Families (DCF) for FY 2024 and adopted the Governor’s budget recommendation for $1.03 billion, including $436.7 million SGF. The Committee also reviewed the Budget Committee’s Report for DCF for FY 2025 and approved the Governor’s budget recommendation for $923.4 million, including $436.3 million SGF, with the following adjustments:

  • Delete $15 million SGF for child care sustainability and workforce grants.
  • Add $1 million SGF in one time funding for DCCCA, Inc. to provide family preservation services.
  • Add $400,000 SGF in one time funding for KanCoach.
  • Add $350,000 SGF in one time funding for Youth Core Ministries to provide the Core Community program.
  • Add $250,000 SGF to fund the iGRAD, a Keys for Networking program, to record and track educational progress and advocate for students in foster care grades 9-12. (iGRAD helps Kansas youth age 15 and older track placement history and secure records in an online database to ease communication between schools and providers and deliver interventions for risk factors that create barriers to educational success.)

The Committee also reviewed the Budget Committee’s Report for the Kansas Department for Aging and Disability Services (KDADS) for FY 2024 and adopted the Governor’s budget recommendation for $3.3 billion, including $1.4 billion SGF. The Committee also reviewed the Budget Committee’s Report for DCF for FY 2025 and approved the Governor’s budget recommendation for $3.1 billion, including $1.3 billion SGF, with the following adjustments:

  • Delete $120,000 SGF and 1.0 Full Time Equivalent (FTE) position for a state housing supports director.
  • Add $500,000 SGF in one-time funding for EmberHope for after-care services not covered by the standard psychiatric residential treatment facility (PRTF) rate.
  • Add $600,000 SGF for one-time operational support for Envision.
  • Add $1.0 million SGF in one-time funding to increase support for Community Developmental Disability Organizations (CDDOs) to provide services to individuals with intellectual/developmental disabilities that are not provided by other sources including, but not limited to, transportation, non-Medicaid case management, employment support, and home modification.
  • Add $5.8 million, including $2.2 million SGF, to add 250 individuals from the waitlist to the Physical Disability (PD) waiver, and add language to prohibit KDADS from carrying a waitlist greater than 2,000 individuals for the Home and Community Based Services (HCBS) PD waiver, and further requiring the agency to submit, as part of its budget submission for FY 2026, an estimate of the additional cost to keep the waitlist below 2,000 individuals for FY 2026.
  • Add $17.3 million, including $6.7 million SGF, to add 250 individuals from the waitlist to the intellectual/developmental disability waiver, and add language to prohibit KDADS from carrying a waitlist greater than 4,800 individuals for the HCBS Intellectual/Developmental Disability (I/DD) waiver, and further requiring the agency to submit, as part of its budget submission for FY 2026, an estimate of the additional cost to keep the waitlist below 4,800 individuals for FY 2026.
  • The Committee also adopted item 5 in Gov. Kelly’s Budget Amendment No. 1, submitted to the Committee on Feb. 1, to amend the FY 2025 budget to include $23,018,350, including $8,880,480 SGF, to increase enrollment slots for the PD and I/DD waivers by 250 individuals each.
  • Add $5.2 million, including $2.0 million SGF, to increase the specialized medical care rate to $51.50 per hour.
  • Add $10.2 million, including $3.9 million SGF, to increase the supported employment rate to $40 per hour.
  • Add $6.2 million, including $2.4 million SGF, to increase Program of All-Inclusive Care for the Elderly (PACE) Medicaid rates to 90.0 percent of the amount that otherwise would have been paid if the participants were not enrolled in PACE.
  • Add $2.4 million SGF in one-time funding for Mirror, Inc., for workforce development.
  • Add $5.0 million SGF in one-time funding to supplement federal funding for substance use disorder treatment for non-Medicaid eligible populations.
  • Add $5.0 million SGF for core funding for the Area Agencies on Aging.
  • Add $26.0 million, including $10.0 million SGF, to increase rates on the Brain Injury (BI), PD, Autism, Frail Elderly (FE), and Technology Assisted (TA) waivers to match the rates offered on the I/DD waiver.
  • Add $48.3 million, including $18.6 million SGF, to increase the average reimbursement rate for agency-directed personal care services on the FE waiver to $30 per hour.
  • Add $60.9 million, including $23.4 million SGF, in one-time funding to continue the Medicaid add-on payment to nursing facilities based on the number of Medicaid patients served for FY 2025 only.
  • Add language to increase the cap on lottery vending machine transfers to $12.0 million, and to transfer $1.0 million per month. to the Community Crisis Stabilization Centers (75 percent) and the Clubhouse Model Program (25 percent).
  • Recommend the House Committee on Appropriations add $49,893 SGF to the Legislature’s budget for a health care bus tour for members of Appropriations, Senate Ways and Means and the Joint Committee on State Building Construction to be scheduled after the August primary election.

On Wednesday, March 6, the Committee heard several presentations related to Medicaid, including:

  • A presentation by representatives of Phillips Healthcare Technology Company regarding remote fetal monitoring that enables prenatal care to be delivered to high-risk mothers wherever they may be located and mobile ultrasound technology for ultrasound during and after pregnancy. The Phillips representative noted that a small number of states have passed or are considering bills and guidance that would require or clarify Medicaid coverage of remote ultrasound and/or remote fetal non-stress tests. Missouri has already clarified that remote non-stress tests can be reimbursed as long as they’re meeting the same standards of care as an in-clinic stress test.
  • A presentation by Christine Osterlund, Deputy Secretary, Agency Integration and Medicaid, and State Medicaid Director, who provided an update on the unwinding of Medicaid continuous eligibility, including an overview and timeline, data, call center metrics and process improvements.
  • A presentation by Michele Heydon, Long-Term Services and Supports Commission, KDADS, regarding the development the Community Support Waiver (CSW). Heydon stated KDADS will be choosing a contractor and forming and convening stakeholder groups to provide feedback on the CSW during April through June, and the contractor will draft the CSW and expand the provider network during July and August. After the public comment period and submission to CMS, KDADS will work to build the provider network capacity during January 2025 and start serving CSW participants no later than the fourth quarter of 2025.

Senate Ways & Means Committee
(Sen. Rick Billinger, Chair)

 On Wednesday, Feb. 28, the Committee reviewed the Human Services Subcommittee’s Report for KDHE ‒ Division of Health for FY 2024 and adopted the Governor’s budget recommendation for $3.9 billion, including $850.5 million SGF. The Committee also reviewed the Subcommittee’s Report for KDHE ‒ Division of Health for FY 2025 and adopted the Governor’s budget recommendation for $4.6 billion, including $777.7 million SGF, with the following adjustments:

  • Add $1.9 million, including $738,000 SGF, to eliminate the 5.0 percent rate difference hospice providers receive for patients in facilities with Medicaid as a second payer and add language requiring KDHE to work with hospice stakeholders and submit to CMS any required state plan amendments needed to implement new payment and systems for Hospice providers.
  • Add $4.8 million, including $1.9 million SGF, to extend Medicaid coverage for dental exams, x-rays, and cleanings.
  • Add $4.2 million, including $1.7 million SGF, to increase Medicaid reimbursement rates for pediatric primary care services by 10.0 percent.
  • Add $2.0 million, all SGF, to increase the availability of early intervention services provided through the Infant and Toddler Program (tiny-k). Tiny-k provides early intervention services to families of children ages birth to three who have a developmental delay.
  • Add $5.0 million SGF for primary health projects for community-based primary care grants (safety-net clinics).
  • Add $843,493, all SGF, to increase funds available to local health departments using the statutory distribution formula contained in KSA 65-242. This increase will bring the total amount available for distribution to the 100 local health departments in Kansas for funds distributed using the formula to $5.6 million.
  • Add $1.8 million, including $700,000 SGF, to increase the Medicaid rate for Family Service Coordination (T1017) and Family Training and Counseling (T1027) to $18.75/unit.
  • Add $550,000 SGF to fund Project Access, Health Access and Wy Jo Care. Project Access and Wy Jo Care coordinate donated health care to provide health care to low-income, uninsured residents of Sedgwick, Wyandotte and Johnson counties.
  • Add $8.0 million SGF to help sustain access to behavioral health services at Ascension Via Christi.
  • Add $25.7 million, including $10.3 million SGF, to increase physician provider codes by 8.0 percent.
  • Add $4,917 SGF for the Kansas Tobacco Use Prevention Program. This will bring the total funding up to match the state’s FY 2023 allocation of the JUUL settlement.
  • Consider the addition of $12.0 million SGF to expand the services offered by Workforce Solutions (Equifax) to assist in benefit eligibility determinations and verifications at Omnibus.

The Committee then reviewed the Subcommittee’s Report for DCF for FY 2024 and adopted the Governor’s budget recommendation for $1.3 billion, including $436.7 million SGF. The Committee also reviewed the Subcommittee’s Report for DCF for FY 2025 and approved the Governor’s budget recommendation for $923.4 million, including $436.3 million SGF, with the following adjustments:

  • Add $1.3 million SGF for the Vocational Rehabilitation (VR) Centers for Independent Living (CIL). This is in addition to the Governor’s recommendation to add $1.0 million SGF for the CIL and brings the base funding for the CIL to $5.6 million.
  • Add $1.0 million SGF in one time, additional funding for DCCCA, Inc. to continue providing family preservation services.
  • Add $250,000 SGF in one time funding for Keys for Networking to provide the iGRAD program and add language requiring Keys for Networking to submit a status report to the Senate Human Services Subcommittee and the House Social Services Budget Committee prior to Jan. 31, 2025, detailing the program’s use among Kansas foster care children.
  • Add $400,000 SGF in one time funding for KanCoach.
  • Add $1.4 million all funds, including $1.2 million SGF, in one time funding to adopt the Governor’s Budget Amendment #1, Item 6 to fund a new Family Finding Information technology system for FY 2025.

On Thursday, Feb. 29, the Committee reopened its discussion of the KDHE ‒ Division of Health Budget  for FY 2025 and approved a motion to add a proviso limiting federally qualified health centers (FQHCs) from using sensitive patient information, including date of birth, address, social security number, phone number, e-mail address and any personally identifiable information, for non-medical purposes including, but not limited to, lobbying, expressing advocacy or communications to affect election turnout. The Committee also approved a motion to delete $715.0 million, including the addition of $61.8 million SGF, to remove funding for Medicaid expansion. The Committee then adopted the FY 2025 KDHE ‒ Division of Health budget, as amended.

The Committee also reviewed the Subcommittee’s Report for KDADS for FY 2024 and adopted the Governor’s budget recommendation for $3.3 billion, including $1.4 billion SGF, with the following adjustments:

  • Add $2.5 million SGF to supplement federal opioid grant funds for substance use disorder treatment for non-Medicaid eligible populations and require a report on distribution and usage of the funds.
  • Add $2.5 million SGF to provide grants to organizations utilizing 14c labor to increase wages in 14c settings, and to assist providers in providing competitive wages in anticipation of the federal government eliminating the 14c exception. Section 14(c) of the federal Fair Labor Standards Act (LSA) authorizes employers, after receiving a certificate from the Wage and Hour Division, to pay subminimum wages ‒ wages less than the federal minimum wage ‒ to workers who have disabilities for the work being performed.
  • Add $600,000 SGF for Envision for operational support to address its waitlist for FY 2024 only.

The Committee also reviewed the Subcommittee’s Report for KDADS for FY 2025 and approved the Governor’s budget recommendation for $3.1 billion, including $1.3 billion SGF, with the following adjustments:

  • Add $50,000 SGF for increased operational support for the Self Advocate Coalition of Kansas.
  • Add $250,000 SGF for EmberHope Youthville for after-care services not covered by the standard PRTF rate.
  • Add $600,000 SGF for respite care funding for individuals with Alzheimer’s disease, up to $1,000 per person, with 10.0 percent dedicated to the Area Agencies on Aging for administrative costs.
  • Add $1.0 million SGF to increase funds for Community Developmental Disability Organizations to provide non-Medicaid reimbursable services and add language for KDADS to report to the Legislature how much funding goes to each service provided.
  • Add $3.4 million, including $1.3 million SGF, to increase the specialized medical care rate to $50 per hour.
  • Add $1.8 million SGF for Mirror, Inc. for workforce projects.
  • Add $6.2 million, including $2.4 million SGF, to increase PACE rates to 90.0 percent of the amount the state would otherwise pay.
  • Add $2.5 million SGF to supplement federal opioid grant funds for substance use disorder treatment for non-Medicaid eligible populations and require a report on distribution and usage of the funds.
  • Add $4.0 million SGF to establish a grant fund to provide $1 million per year for four years to non-CMHCs to begin the process to become certified as CCBHCs, for FY 2025, FY 2026, FY 2027, and FY 2028, and add language that not more than 50.0 percent of the grants should go to FQHCs or FQHC look-a-likes.
  • Add $5.0 million in grant funds to increase wages in 14c settings, and to assist providers in providing competitive wages in anticipation of the federal government eliminating the 14c exception.
  • Add $5.0 million SGF for core funding for the Area Agencies on Aging.
  • Add $5.4 million SGF to develop behavioral health workforce programs at the University of Kansas School of Medicine – Wichita and Wichita State University.
  • Add $13.0 million, including $5.0 million SGF, to increase HCBS waiver rates for services also provided on the I/DD waiver.
  • Add $14.6 million, including $5.6 million SGF, to increase the supported employment rate to $35 per hour.
  • Add $26.0 million, including $10.0 million SGF, to increase personal care services (PCS) rates on all waivers except the Frail Elderly (FE) waiver.
  • Add $30.1 million, including $11.7 SGF, to continue the Medicaid add-on to nursing facilities based on the number of Medicaid patients served, at a rate of $10 per Medicaid day instead of $20 per Medicaid day.
  • Add language to increase the cap on lottery vending machine revenue to $9.0 million.
  • Add language to convene a workgroup to study the opening of rehabilitation codes to other provider types and report back to the Legislature. Members of the workgroup would include KDADS, KDHE, the Association of Community Mental Health Centers, CMHCs, the Kansas Health Institute and the National Council on Mental Wellbeing.
  • Add language to study capacity issues for HCBS services provided under the FE waiver, and to make recommendations to expand these services.
  • Add language for KDADS to oversee registration of supplemental nursing staff agencies and requiring such agencies to submit a report to KDADS on the rates charged by the agencies to facilities in Kansas.
  • Prior to finalizing the mega appropriations bill, review the addition of language to ensure portions of the $40.0 million housing grants are distributed to smaller communities.
  • Review at Omnibus the addition of $2.0 million SGF for primary care services at CMHCs/CCBHCs in counties not served by FQHCs or FQHC look-a-likes, based on demonstrated needs.
  • Review at Omnibus the addition of language to direct KDADS and KDHE to conduct a study of areas of Kansas currently underserved by primary care safety net services. The study should include such topics as lack of primary care access for rural and frontier Kansas counties, lack of primary care access for individuals with a severe mental illness, barriers to increasing primary care access, strategies for increasing access to primary care, and how qualified providers might be able to access state or federal funding to increase primary care access.
  • Support the inclusion of administrative case management services for the BI, FE, and PD waivers and the PACE program in the outstanding KanCare RFP.
  • The Committee also adopted item 5 in Gov. Kelly’s Budget Amendment No. 1, to amend the FY 2025 budget to include $23,018,350, including $8,880,480 SGF, to increase enrollment slots for the PD and I/DD waivers by 250 individuals each.
  • Add language for KDADS to study and report information on involuntary discharges and transfers from state licensed adult care homes.

About Kansas Health Institute

The Kansas Health Institute supports effective policymaking through nonpartisan research, education and engagement. KHI believes evidence-based information, objective analysis and civil dialogue enable policy leaders to be champions for a healthier Kansas. Established in 1995 with a multiyear grant from the Kansas Health Foundation, KHI is a nonprofit, nonpartisan educational organization based in Topeka.

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