Senate Actions
SB 14, as amended, would establish a system of continuing appropriation for existing appropriations to carry forward into the subsequent fiscal year when the Legislature 1) passes an appropriations bill, 2) the Governor vetoes such bill in its entirety, and 3) such veto is sustained. The bill would define “continuing appropriation” as an appropriation provided for in the previous fiscal year. The bill also would suspend compensation for legislators and the Governor should its provisions take effect, until an appropriations bill for the ensuing fiscal year is passed and signed into law. The bill was enrolled and presented to the Governor on Friday, March 21.
Substitute for SB 29, as amended, would:
- Require the Secretary of the Kansas Department of Health and Environment (KDHE) to have probable cause, supported by oath or affirmation, before taking action to prevent the introduction or spread of an infectious or contagious disease within Kansas.
- Permit any aggrieved party to file a civil action regarding an order made by the Secretary or a local health officer and establish requirements for hearings and judicial review.
- Provide for a county or joint board of health or local health officer to recommend against rather than prohibit public gatherings when necessary for the control of infectious or contagious disease.
- Remove the ability for a local health officer or the Secretary to order law enforcement to assist in the execution or enforcement of any order.
The bill was passed by the House on Wednesday, March 19, a vote of 88–36, and the Senate concurred with the amendments on Thursday, March 20, on a vote of 31–9. The bill will be enrolled and presented to the Governor.
SB 88 would amend the Long-term Care Ombudsman Act to require the State Long-Term Care Ombudsman to include Alzheimer’s disease and related dementia training in the prescribed and provided training, as specified in the bill. The bill would require the training to:
- Address the needs and rights of long-term care residents with dementia.
- Include strategies to care for and address the specific issues encountered by such residents.
- Include a list of specific topics to be addressed in such training.
The bill was enrolled and presented to the Governor by the Senate on Tuesday, March 18 and signed by Gov. Kelly on Friday, March 21.
SB 175, as amended, would amend the Athletic Trainers Licensure Act to amend the definition of “athletic training,” provide a licensure exemption, make changes to the application for licensure as an athletic trainer and make technical amendments. The bill was enrolled and presented to the Governor by the Senate on Tuesday, March 18 and signed by Gov. Kelly on Friday, March 21.
SB 250, as amended by the House Committee on Health and Human Services, would create the Right to Try for Individualized Treatments Act. The bill would authorize a manufacturer of investigational drugs, biologic products, or devices operating in an eligible facility to make available individualized treatments and allow an “eligible patient” 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; address requirements for informed consent for investigational treatments, manufacturer requirements and liability exemptions; and clarify insurance and health coverage pursuant to the Act. The bill defines “eligible patient” to mean an individual who has:
- A life-threatening or severely debilitating illness, attested to by the patient’s treating physician.
- Considered all other treatment options currently approved by the U.S. Food and Drug Administration.
- Received a recommendation from the patient’s physician for an individualized investigational treatment, based on analysis of the patient’s genomic sequence, human chromosomes, deoxyribonucleic acid (DNA), ribonucleic acid (RNA), genes, gene products (such as enzymes and other types of proteins) or metabolites.
- Given written, informed consent for the use of the investigational treatment product.
- Documentation from the patient’s physician that such patient meets the requirements of the Act.
The bill was passed by the House on Wednesday, March 19, a vote of 97–26. The Senate nonconcurred with amendments and requested a Conference Committee on Thursday, March 20.
SB 284, as amended, 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 would define terms used in the Act, including:
- “340B drug” would mean a drug that:
- Is a covered outpatient drug within the federal 340B Drug Pricing Program.
- Has been subject to any offer for reduced prices by a manufacturer under federal law.
- Is purchased by a covered entity — a drug would be considered purchased if the drug would have been purchased except for the restriction or limitation described in the Act.
- “Covered entity” would mean the same as defined in federal law, which includes federally qualified health centers and look-alikes; Ryan White HIV/AIDS Program grantees; certain hospitals, including critical access hospitals and disproportionate share hospitals; and specialized clinics, including sexually transmitted disease clinics and tuberculosis clinics.
- “Health information” would mean any information, including demographic information collected from an individual or a group of individuals that:
- Is created or received by a health care provider, pharmacy, health plan, employer or health care clearinghouse.
- Relates to the past, present or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual.
- “Manufacturer” would mean:
- A person that holds an application approved under the Federal Food, Drug, and Cosmetic Act or a license issued under the Federal Public Health Service Act for a drug or, if the drug is not the subject of an approved application or license, the person who manufactured the drug.
- A co-licensed partner of the person described above that obtains the drug directly from an approved person or affiliate.
- An affiliate of a person described above that receives the product directly from such person.
The bill was passed by the Senate on Thursday, March 20, on a vote of 34–6 and will be presented to the House.
Senate Sub. for Sub. for HB 2007 (the current budget bill) was amended and passed by the Senate on Tuesday, March 18, on a vote of 28–12. The Conference Committee met briefly on Thursday, March 20, to review the differences between the House and Senate versions of the bill and was scheduled to meet again on Monday, March 24, to work the bill.
HB 2069, as amended by the Senate Committee on Public Health and Welfare, would enact the School Psychologist Compact and the Dietician Compact. The bill was passed as amended by the Senate on Wednesday, March 19, on a vote of 39–1. The House nonconcurred with the Senate amendments and a Conference Committee was requested on Thursday, March 20.
HB 2075, as amended, would amend law in the Revised Code for the Care of Children concerning the time by which a permanency hearing for a child in the custody of the Secretary of DCF must be held. The bill would require such hearings to be held within nine months of a child’s removal from the home and would require subsequent hearings be held every six months thereafter. Current law requires a permanency hearing be held within 12 months of removal, and every 12 months thereafter. The Senate amended the bill to:
- Require confirmation of the DCF Secretary’s reasonable efforts at reintegration prior to a permanency hearing.
- Require the court to make a finding at each permanency hearing regarding reasonable efforts made for reintegration.
The bill was passed as amended by the Senate on Tuesday, March 18 on a vote of 40-0. The House nonconcurred with amendments and a Conference Committee was requested on Thursday, March 20.
HB 2101, as amended by the Senate Committee on Government Efficiency, would prohibit cities and counties from adopting an ordinance or enforcing a resolution that establishes or provides for the operation of a guaranteed income program that uses tax revenue unless the Legislature, by an act, expressly consents to and approves such program. The bill would render any such prohibited ordinance or resolution adopted prior to July 1, 2025, null and void. The bill would define “guaranteed income” to mean a program that is not expressly required by federal law or regulation and provides individuals with regular periodic cash payments. The bill, as amended, was passed by the Senate on Wednesday, March 19, on a vote of 29–11.
HB 2249, as amended by the Senate Committee on Public Health and Welfare, 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 an 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.
The Senate passed the bill, as amended, on Wednesday, March 19, on a vote of 40–0. The House nonconcurred with the amendments and a Conference Committee was requested on Thursday, March 20.
HB 2280, as amended by the Senate Committee on Public Health and Welfare, 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; define “public place”; and require entities placing automated external defibrillators (AEDs) for use within the state in a public place to register with the Emergency Medical Services Board. The bill also would amend current law regarding ambulance services in counties 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 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.
- Define “public place” to mean any enclosed areas open to the public or used by the general public including, but no limited to: Banks, bars, food service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities.
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. The Senate passed the bill, as amended, on Wednesday, March 19, on a vote of 40–0. The House nonconcurred with the amendments and a Conference Committee was requested on Thursday, March 20.
HB 2284 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.
The bill was passed by the Senate on Wednesday, March 19, on a vote of 32–8 and will be enrolled and presented to the Governor.
HB 2307, as amended, would transfer the authority over the 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 bill was passed by the Senate on Wednesday, March 19, on a vote of 40–0 and will be enrolled and presented to the Governor.
HB 2333, as amended by the Senate Committee on Financial Institutions and Insurance, would rename the Kansas Insurance Department as the Kansas Department of Insurance and would remove the requirement for the Senate to confirm the Department of Insurance Assistant Commissioner. (The bill also includes renaming related to the Office of Securities). The bill also would make technical and conforming amendments and would be in effect upon publication in the Kansas Register. The Senate passed the bill, as amended, on Tuesday, March 18 on a vote of 40-0. The House nonconcurred with the amendments on Thursday, March 20 and requested a Conference Committee.
HB 2365, as amended by the Senate Committee on Public Health and Welfare, would establish the South Central Regional Mental Health Hospital (South Central) as well as 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 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. The Senate passed the bill on Wednesday, March 19 on a vote of 40-0. The House nonconcurred with the amendments and requested a Conference Committee on Thursday, March 20.