Week 7 of the 2023 Session

Following Turnaround Day on Friday, February 24, more than 60 health-related bills remain alive for legislators to consider when they return on March 1, including bills related to child welfare, regulation of cannabis, sales taxes on food, eligibility for public assistance programs, prior authorization for mental health medications, licensure for behavioral health professionals, and firearms safety. The Legislature also will continue its work on the budget. The House will return to the floor at 11:00 a.m. on Wednesday, the Senate at 2:30 p.m. This edition of Health at the Capitol looks at health-related bills that remain in play for the second half of the session – including bills that passed one Chamber or those that were sponsored by, referred to or acted upon by an exempt committee (House and Senate Federal and State Affairs, Senate Ways and Means, Senate Assessment and Taxation, House Appropriations, and House Taxation).

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.

House Bills

House Bill (HB) 2023, as amended, would create the crime of interference with the conduct of a healthcare facility, defined as:

• Conduct at or in a healthcare facility so as to knowingly deny an employee of the healthcare facility to enter, to use the facilities of, or to leave any such healthcare facility;
• Knowingly impeding an employee of a healthcare facility from the performance of such employee’s duties or activities through the use of restraint, abduction, coercion, or intimidation, or by force and violence or threat thereof; and
• Knowingly refusing to leave a healthcare facility upon being requested to leave by the employee charged with maintaining order in such healthcare facility, if such person is committing, threatens to commit, or incites others to commit any act that did, or would if completed, disrupt, impair, interfere with, or obstruct the mission, processes, procedures, or functions of the healthcare facility.

The bill would also create the crime of aggravated interference with the conduct of a healthcare facility, which would be defined as any of the above conduct when in possession of any weapon included in the crimes of criminal use of weapons or criminal carrying of a weapon. Interference with the conduct of a healthcare facility would be a class A nonperson misdemeanor, and aggravated interference with the conduct of a healthcare facility would be a severity level 6 person felony. (Passed House)

HB 2024, as amended, would amend the Newborn Infant Protection Act within the Revised Kansas Code for Care of Children to provide an alternate means to legally surrender an infant pursuant to the Act. The bill would authorize a parent or other person having lawful custody of an infant who is not more than 60 days old and who has not suffered great bodily harm as determined by a person licensed to practice medicine or surgery, an advanced practice registered nurse, or licensed physician assistant to surrender physical custody to a newborn safety device, defined by the bill, installed at a police station, sheriff’s office, law enforcement center, fire station, city or county health department, hospital, ambulatory surgical center, or recuperation center. The bill would make the relinquishing parent that follows the above procedure immune from civil or criminal liability for surrendering an infant meeting the criteria stated above. The bill would require that after the infant has been surrendered to a newborn safety device, as defined in the bill, an employee of the authorized facility where the device is located would be required to take physical custody of the infant without a court order. The bill also would specify that after an employee of the authorized facility notifies a law enforcement agency of a surrender pursuant to the bill, such agency would be required to report the surrender to the Secretary of the Kansas Department for Children and Families (DCF), in addition to the requirement for the agency to deliver the infant to a facility or person designated by the Secretary. The bill would provide that an authorized facility that installs a newborn safety device must also install a dual alarm system connected to the physical location of the device, which would require weekly testing and twice-daily visual checks to ensure the system is in working order. (Passed House)

HB 2034, as amended, would create in the Revised Kansas Code for Care of Children a program within the Kansas Department of Health and Environment (KDHE) for the training of and payment for Child Abuse Review and Evaluation (CARE) providers who conduct CARE exams. The bill would establish definitions, requirements, and procedures related to CARE examinations and CARE providers and create the CARE Fund. The bill would amend the Code to require the Secretary of DCF or a law enforcement agency, upon investigation by law enforcement or assignment by the Secretary of any investigation of physical abuse or physical neglect, pursuant to this provision, that concerns a child five years of age or younger, to make a CARE referral for such child. The bill would allow, in any other investigation of physical abuse, emotional abuse, medical neglect, or physical neglect conducted pursuant to the section, the Secretary, the law enforcement agency, or the agency’s designee to make a CARE referral for such child. (Passed House)

HB 2084, as amended, would enact the Kratom Consumer Protection Act (KCPA), which would permit the Secretary of Agriculture to implement a fine on processors and retailers that sell, prepare, manufacture, distribute, or advertise kratom products that are adulterated with dangerous non-kratom substances. Kratom product is defined as a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa or an extract of the plant that is manufactured as a power, capsule, tablet, beverage, or other edible form. (Federal and State Affairs)

HB 2009 would provide a sales tax exemption for diapers and feminine hygiene products beginning on July 1, 2023. The bill includes definitions for diapers and feminine hygiene products. (Taxation)

HB 2111 would reduce the state retail sales tax and compensating use tax rate for food and food ingredients to 0.0 percent and change the distribution of overall state sales and compensating use tax revenue to 82.0 percent to the State General Fund and 18.0 percent to the State Highway Fund on April 1, 2023. Under current law the state retail sales tax rates on food and food ingredients are set to be adjusted to 0.0 percent on January 1, 2025. The bill also would provide a sales tax exemption for diapers and feminine hygiene products. (Taxation)

HB 2140, as amended, would amend law pertaining to eligibility requirements for the Supplemental Nutrition Assistance Program (SNAP). The bill would require DCF to assign work registrants ages 50 through 59 without dependents who are not exempt under U.S.C. §2015(d)(2) to an employment and training program as a condition of participation in SNAP. Under current law, only adults ages 18 through 49 without disabilities or dependents and individuals who are not employed at least 30 hours per week are required to participate in an employment and training program to receive SNAP benefits. (Appropriations)

Note: U.S.C. § 2015(d)(2) is a federal law that exempts the following work registrants between the ages of 16 and 59 from a work requirement:

• An individual currently subject to and complying with a work registration requirement under another federal program or the federal-state unemployment compensation system;
• A parent or other member of a household with responsibility for the care of a dependent child under six years of age or of an incapacitated person;
• A bona fide student enrolled at least half time in any recognized school, training program, or institution of higher education (except that any such person enrolled in an institution of higher education must meet additional requirements);
• A regular participant in a drug addiction or alcoholic treatment and rehabilitation program;
• An individual employed a minimum of 30 hours per week or receiving weekly earnings that equal the federal minimum hourly rate, multiplied by thirty hours; or
• A person between the ages of 16 and 18 who is not a head of a household or who is attending school, or enrolled in an employment training program, on at least a half-time basis.

HB 2141, as amended, would amend a statute governing eligibility for various public assistance programs administered by DCF. The bill would require custodial and non-custodial parents to cooperate with the child support enforcement program administered by DCF to be eligible for food assistance under SNAP. Under current law, individuals who have not cooperated with child support services without good cause are ineligible to participate in the food assistance program. The bill would clarify that this requirement applies to both custodial and non-custodial parents. A parent who is delinquent in making a child support payment subject to a court order would be disqualified from receiving food assistance benefits under the bill. The Secretary for DCF would be required to review compliance with child support enforcement in the following circumstances:

• Upon application for food assistance;
• When the Secretary renews or redetermines a parent’s eligibility for food assistance; and
• Any time the Secretary has reason to review compliance.

Disqualification from food assistance benefits would not apply if:

• A court is allowing the parent to delay payment;
• The parent is complying with a payment plan approved by a court or the Secretary; or
• The Secretary determines the parent has good cause for not complying with child support enforcement.

(Passed House)

HB 2179 would eliminate the requirement that families receiving childcare assistance cooperate with child support services. Currently, families are disqualified from receiving these benefits due to non-cooperation. (Introduced in Appropriations)

HB 2188 would provide for the regulation of kratom products and dealers under the Kansas Food, Drug, and Cosmetic Act, and the Secretary of Agriculture would be required to issue licensure of kratom dealers and promulgate rules and regulations regarding such licensure. The Act would prohibit certain levels of non-kratom substances and synthetic additions to kratom products, tasking the Kansas Department of Agriculture with sampling, inspecting, and analyzing such products sold within the state. (Federal and State Affairs)

HB 2194 would enact the Representative Gail Finney Memorial Foster Care Bill of Rights within the Revised Kansas Code for Care of Children and would enumerate the rights of children in need of care in the child welfare system and the rights of foster parents. (Appropriations)

HB 2202 would provide a sales tax exemption for over-the-counter (OTC) drugs. OTC drugs include a label that identifies the product as a drug under requirements of the federal Food and Drug Administration and a drug facts panel, or a statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation. OTC drugs do not include grooming and hygiene products such as soaps, cleaning solutions, shampoo, toothpaste, antiperspirants, and suntan lotions and screens. The sales tax exemption would become effective on July 1, 2023. (Taxation)

HB 2259, as amended, would amend the Medicaid Drug Utilization Review Program regarding the requirement to have prior authorization for mental health medications. The bill would remove the requirement for the Medicaid Drug Utilization Review Board to review and approve any proposed policy, rule, or regulation regarding medications used to treat mental illness as submitted to the electronic pharmacy claims management system. The bill would remove the prior authorization requirement for authorized prescribers of mental health medications for Medicaid recipients. The bill also would eliminate the Mental Health Medication Advisory Committee (MHMAC) in its entirety. (Appropriations)

HB 2260 would amend law regarding the Kansas Medical Student Loan program, which provides tuition and a stipend to undergraduate students enrolled in or admitted to the University of Kansas School of Medicine who have entered into agreements to practice primary care medicine or psychiatry in areas of need in the state. The bill would change the number of medical student loan agreements for psychiatry students from 6 to up to 12. The bill also would add a provision specifying the University of Kansas School of Medicine may not prohibit or create substantial impediment to students in the program from switching between approved postgraduate residency training programs. (Passed House)

HB 2263, as amended, would amend a provision in the Pharmacy Act of the State of Kansas to add pharmacy technicians, at least 18 years of age and under the direct supervision and control of a pharmacist, to the list of those authorized to administer vaccinations after successfully completing a course of study and training in vaccination storage, protocols, injection technique, emergency procedures, recordkeeping, and cardiopulmonary resuscitation (CPR). The bill also would require a pharmacist, pharmacy student, or pharmacy intern to be at least 18 years of age to administer a vaccine. Pharmacy technicians would be added to pharmacists, pharmacy students, and pharmacy interns as authorized to administer the influenza vaccine to persons six years of age or older; and vaccines, other than the influenza vaccine, to persons 12 years of age or older pursuant to a vaccination protocol. (Passed House)

HB 2264, as amended, would establish the No Patient Left Alone Act. The Act would establish who may visit a patient in a patient care facility and would require patient care facilities to provide for in-person visitation and provide parameters for patient care facilities as to what restrictions may be asked of visitors when visiting a patient. The bill would specify that a patient care facility would not be able to take action to prevent a patient from receiving in-person visitation from any person designated by the patient, if the patient has the capacity to make such designation. If the patient does not have the capacity for such designation, the patient’s agent for healthcare decisions established by a durable power of attorney would be allowed to designate visitors. Visitors could include, but would not be limited to:

• An immediate family member, domestic partner, or significant other;
• The agent for healthcare decisions established by a durable power of attorney for healthcare decisions;
• An essential caregiver; or
• A minister, priest, rabbi, or clergyperson of any religious denomination or sect to which the patient is an adherent.

The bill would prohibit patient care facilities from preventing a patient who is terminally ill or receiving end-of-life care from receiving in-person visitation from two individuals at a time. The bill also would establish that a patient may refuse in-person visitation or revoke previously granted in-person visitation from any person at any time. The bill would provide that patient care facilities may establish visitation policies by September 1, 2023, including, but not limited to, infection control protocols and education for visitors, a set schedule of dates and times when visitation is allowed, allowable visit length, and limits on number of visitors and would not prohibit a patient care facility from taking the steps necessary to ensure eligibility with federal programs or financial participation and would not supersede any federal laws, rules, regulations, or guidance regarding patient care facilities. (Passed House)

HB 2269 would amend the Kansas Cigarette and Tobacco Products Act to raise the minimum age to 21 to sell, purchase, and possess cigarettes, electronic cigarettes, and tobacco products. (Federal and State Affairs)

HB 2288, as amended, would establish the Counseling Compact to facilitate interstate practice of licensed professional counselors. The bill also would amend law to add a licensure fee relating to the privilege to practice under the Compact. The Compact would state the practice of professional counseling occurs in the state where the client is located at the time of the counseling services, and it would preserve the regulatory authority of states to protect public health and safety through the current system of licensure. (Passed House)

HB 2299, as amended, would amend law in the Kansas Code for Care of Children governing orders granting custody for adoption when parental rights have been terminated and would require the court to be guided by the best interests of the child. The bill would specify when a child is placed in the custody of the Secretary of DCF for the purposes of adoption when parental rights have been terminated or relinquished, the Secretary would be required to give preference, subject to the best interests of the child, in the following manner:

• If a child has been in the custody of the Secretary for less than one cumulative year:
  • First to a relative, and
  • Second to a person with whom the child has close and healthy attachments.
• If a child has been in the custody of the Secretary for one cumulative year or more:
  • To a placement that maintains the child’s close and healthy attachments.

The bill would allow a foster parent that is not selected by the Secretary for the adoptive placement but who meets the criteria above, to request direct placement of the child by the court and appeal such decision to the Kansas Court of Appeals.

The bill also would require the Secretary to consider a foster parent as a prospective adoptive parent when:

• The child has lived more than half of the child’s lifetime with the foster parent;
• The child has lived more than two years with the foster parent; or
• The Secretary otherwise determines it is in the best interests of the child.

The bill also would amend law governing jurisdiction of proceedings under the Code to specify if orders granting custody for adoption involve an Indian child, the federal Indian Child Welfare Act (ICWA) would apply instead of the Code. (Appropriations)

HB 2300 would add duly ordained ministers of religion, as defined in statute, to be added as mandated reporters that are required to report suspected harm from physical, mental, or emotional abuse, neglect, or sexual abuse of a child. A duly ordained minister of religion who suspects abuse or neglect based on a penitential communication would not be required to violate penitential privilege. (Appropriations)

HB 2304 would provide that for the purposes of promoting the safety and protection of students and emphasizing how students should respond when encountering a firearm, school districts could provide firearm safety education programs. The State Board of Education would be required to establish curriculum guidelines for a standardized firearm safety education program that would include accident prevention. For students enrolled in kindergarten through grade five, the curriculum would be based on the “Eddie Eagle Gunsafe Program” offered by the National Rifle Association. For grades six through eight, the curriculum would be based on the “Eddie Eagle Gunsafe Program” or the “Hunter Education in Our Schools Program” offered by the Department of Wildlife and Parks. For grades nine through 12, the curriculum would be based on the “Hunter Education in Our Schools Program.” If a local board of education would elect to provide firearm safety education, the instruction would be required to be in accordance with the guidelines established by the State Board of Education. The local board of education also would be required to ensure that all students are provided the opportunity to take the course. (Federal and State Affairs)

HB 2313 would create the Born-Alive Infants Protection Act; provide legal protections for infants born alive; require certain standards of care by healthcare providers for infants who are born alive; and provide criminal penalties and civil liability for violations of the act. “Born alive” means the complete expulsion or extraction of a human being from its mother, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion. (Taxation)

HB 2338 would designate Sickle Cell Disease Awareness Week as the third full week of September and would require an annual review of the topic by an advisory council established by the Secretary of KDHE to advise KDHE on newborn screening guidelines. The bill would authorize KDHE, under the guidance of any appropriate advisory council, to develop a publicly available report from the advisory council meetings and activities. (Passed House)

HB 2340, as amended, would modify several requirements for some of the professions licensed by the Behavioral Sciences Regulatory Board (BSRB), add new temporary licensure categories, and establish requirements for an expedited application process. Among the changes, the bill would reduce the number of months of practice prior to being eligible for reciprocity of licenses, increase the number of months that a temporary license is valid, reduce continuing education hours for professionals who diagnose, clarify the education requirements for marriage and family therapists, and clarify the disciplinary procedure for behavior analysts. The bill also would add provisions for some of the professions including adding a process and timeline for the BSRB to follow when processing applications, definitions for “extenuating circumstances” and “merits the public trust,” a process for licensees to request additional time to complete continuing education requirement due to extenuating circumstances, temporary licenses for social work graduates of education programs seeking accreditation, a temporary reinstatement license for expired licenses, a temporary student license for addiction counseling, and a temporary license for some licensees who are employed by community mental health centers. (Passed House)

HB 2358 would allow a coroner, deputy coroner, special deputy coroner, or mid-level practitioner, as defined in KSA 65-1626, who was last in attendance prior to burial, to provide the medical certification of cause of death for a death certificate. Current law only allows the physician last in attendance prior to burial to do so. (Federal and State Affairs)

HB 2361 would amend current law related to when parental rights have been terminated and it appears that adoption is a viable alternative, to not require the court to grant custody to close relatives if the child has been in the custody of the Secretary of DCF for one cumulative year or more. (Appropriations)

HB 2367 would create the Adult Use Cannabis Regulation Act; provide for the licensure and regulation of cannabis, including the cultivation, manufacturing, transportation, possession and sale of cannabis; provide certain fines and penalties for violations of the act; provide exemptions from crimes involving controlled substances; impose a tax on the sale of cannabis and provide for the disposition of the revenues collected thereon; and create the cannabis business regulation fund. (Federal and State Affairs)

HB 2375 would create a new type of temporary license for certain applicants who have graduated from a social work program, including an online social work program, that is in candidacy from a national accrediting body recognized by the Behavioral Sciences Regulatory Board (BSRB). The bill would authorize the BSRB to issue a temporary license for social work applicants who have received a baccalaureate or master’s degree from a social work program, including an online program, that is in candidacy status from an accrediting body. The bill would set the expiration date of the license at the end of a 24-month period following the license’s effective date. The license would not be renewable, except upon a showing by the applicant that the social work program remains in candidacy status. The bill would require the licensee to represent themselves as a temporary candidacy baccalaureate social worker, using the credentials LMSW. The bill would require the individual to practice under supervision but would not require continuing education. (Passed House)

 HB 2390, as amended, would enact the Kansas Overdose Fatality Review Board Act and exempt materials used to test for the presence of fentanyl, ketamine, flunitrazepam, and gamma hydroxybutyric acid (GHB) from the definition of “drug paraphernalia.” The bill would establish the Kansas Overdose Fatality Review Board to review information and data related to drug overdose fatalities in Kansas and to make recommendations regarding evidence-based strategies to prevent or mitigate the consequences of drug overdose. The bill would require the Board to be established before January 1, 2025. (Passed House)

HB 2398, as amended, would amend the definitions of manufacture and drug paraphernalia; add the definition of fentanyl-related controlled substances; increase the penalty for the unlawful manufacturing of fentanyl; and create a special sentencing rule for the distribution of fentanyl. The bill would amend the definition of “manufacture” to include placing a controlled substance into a pill or capsule form and would also amend the definition of “drug paraphernalia” to exclude tests used to detect the presence of fentanyl, ketamine, or GHB. (Passed House)

HB 2403 would classify storing or keeping any firearm, rifle, or shotgun, including a large-capacity magazine firearm or machine gun, in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so the weapon is inoperable by any person other than the owner or other lawfully authorized user as a class A, nonperson misdemeanor. Storing or keeping any stun gun in any place unless the weapon is secured in a locked container accessible only to the owner or other lawfully authorized user would also be a class A, nonperson misdemeanor. Storing a rifle or shotgun that is a large-capacity firearm in an area where a person under 18 years of age has access would be classified as a severity level 9, nonperson felony. Violations of these provisions would be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person less than 18 years of age who was not a trespasser or was a foreseeable trespasser acquired access to a weapon that results in the personal injury to or the death of any person. The bill would make exceptions for certain antique and replica firearms. (Federal and State Affairs)

HB 2413 would classify storing or keeping any firearm, rifle, shotgun, large-capacity magazine firearm, or machine gun, in any place unless the firearm is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so the weapon is inoperable by any person other than the owner or other lawfully authorized user as a class A, nonperson misdemeanor. Storing or keeping any stun gun in any place unless the weapon is secured in a locked container accessible only to the owner or other lawfully authorized user would also be a class A, nonperson misdemeanor. Storing a rifle or shotgun that is a large-capacity firearm in an area where a person under 18 years of age has access would be classified as a severity level 9, nonperson felony. Violations of these provisions would be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person less than 18 years of age who was not a trespasser or was a foreseeable trespasser acquired access to a weapon that results in the personal injury to or the death of any person. The bill would make exceptions for certain antique and replica firearms.  (Federal and State Affairs)

HB 2415 would expand Medicaid in Kansas by establishing the KanCare Bridge to a Healthy Kansas program. For purposes of eligibility determinations under the Kansas program of medical assistance on and after January 1, 2024, medical assistance would be granted to any adult under 65 years of age who is not pregnant and whose modified adjusted gross income does not exceed 138 percent of the federal poverty level, to the extent permitted under the provisions of 42 U.S.C. § 1396a, as in effect on July 1, 2023. (Appropriations)

HB 2417 would create the Medical Cannabis Regulation Act; provide for licensure and regulation of the cultivation, processing, distribution, sale, and use of medical cannabis; delegate administrative duties and functions to the Secretary of KDHE, Secretary of Revenue, Board of Healing Arts, Board of Pharmacy, and Director of Alcohol and Cannabis Control; impose fines and penalties for violations of the act; establish the medical cannabis registration fund, the medical cannabis business regulation fund and the retail dispensary consultant registration fee fund; create the crimes of unlawful storage and unlawful transport of medical cannabis; and make exceptions to the crimes of unlawful manufacture and possession of controlled substances. (Federal and State Affairs)

HB 2429 would establish the Alternatives to Abortion program and the Alternatives to Abortion public awareness program to provide services that promote childbirth to women facing unplanned pregnancies and promote public awareness of such services. The Alternatives to Abortion program would be administered by the Secretary of DCF and would offer a full range of services, including pregnancy support centers, adoption assistance and maternity homes. (Introduced in Appropriations)

HB 2439 would require any private office, freestanding surgical outpatient clinic, hospital or other medical care facility or clinic or any pharmacy where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion to post a conspicuous sign that is clearly visible to patients and customers, printed with lettering that is legible and at least 3/4 of an inch boldfaced type, that advises patients that the use of mifepristone is not always effective in ending a pregnancy and that it may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. The notice shall also include information about the KDHE website and other relevant telephone or internet resources where the patient can obtain assistance. (Introduced in Federal and State Affairs)

HB 2443 would establish the Office of the Child Advocate as an independent state agency and the child advocate advisory board; prescribe certain powers, duties and functions; and allow disclosure of confidential records to the child advocate. The purpose of the office is to ensure that children and families receive adequate coordination of child welfare services, child maltreatment prevention, protection, and care through services offered by DCF or DCF’s contracting entities, the Kansas Department for Aging and Disability Services (KDADS), the Department of Corrections, KDHE and juvenile courts. (Introduced in Appropriations)

Senate Bills

Senate Bill (SB) 5 would amend the Kansas Telemedicine Act to prevent the prescribing of drugs intended to induce an abortion via telemedicine. The bill would define “abortion procedure” to include the prescribing of drugs intended to induce an abortion and would restrict the Governor’s power during a state of emergency to alter or suspend the provisions of the Act related to the delivery of any abortion procedures via telemedicine. (Passed Senate)

SB 6 would remove the authority of the Secretary of KDHE to designate infectious or contagious diseases by rules and regulations. The Secretary would be required to submit a report to the Legislature on such diseases and would be authorized to recommend to the public and educate them in ways to prevent the spread and dissemination of diseases injurious to the public health. The bill also would amend various existing statutes pertaining to the issuance of orders by the Secretary, county or joint boards of health, and local health officers related to infectious and contagious diseases and remove authority to issue certain orders to allow only recommendations. In addition, the bill also would remove the authority of a county or joint board of health or local health officer from prohibiting public gatherings when necessary for the control of any and all infectious or contagious disease. (Passed Senate)

SB 20 would amend K.S.A. 44-663, which requires an employer to exempt an employee from a COVID-19 vaccine requirement upon submission of a written waiver request, to apply to any vaccine requirement imposed by an employer. This would include requiring an employee to receive a vaccine, requiring an employee to provide documentation certifying receipt of a vaccine, or enforcement of those requirements by the federal government or any other entity. In addition, the bill would amend provisions related to vaccine requirements for maternity centers, childcare facilities, and schools by requiring exemptions for sincerely held religious beliefs without inquiry into the sincerity of the request. The bill also would require plaintiff statutory damages of $25,000 in actions against childcare facilities or schools for violations of the religious belief exemption. (Ways and Means)

SB 24 would amend the definitions of “small employer” and “large employer” in a statute pertaining to insurance coverage for autism spectrum disorder. The definitions of “small employer” and “large employer” pertain to group health benefit plans and are specified by the number of people employed on business days during the preceding calendar year, with at least one employee on the first day of the benefit plan year. The bill would amend the definition of “small employer” from an average of at least 1 but not more than 100 employees to an average of at least 2 but not more than 50 employees. The bill would amend the definition of “large employer” from an average of at least 101 employees to an average of at least 51 employees. (Passed Senate)

SB 45 would change the current household income eligibility requirement in Kansas for the Children’s Health Insurance Program (CHIP) from 250 percent of the 2008 federal poverty level to 250 percent of the current federal poverty income guidelines. The bill also would remove the current eight month waiting period requirement from the program for newly enrolled participants with a family income over 200 percent of the federal poverty income guidelines that previously had comprehensive health benefit coverage through another policy. (Introduced in Ways and Means)

SB 57 would reduce the state retail sales tax and compensating use tax rate for food and food ingredients to 0.0 percent and change the distribution of overall state sales and compensating use tax revenue to 82.0 percent to the State General Fund and 18.0 percent to the State Highway Fund on April 1, 2023. The bill also would provide a sales tax exemption for diapers and feminine hygiene products. (Assessment and Taxation)

SB 89 would provide a sales tax exemption for diapers and feminine hygiene products beginning on July 1, 2023. (Assessment and Taxation)

SB 98 would include medical residency training programs in obstetrics and gynecology (OBGYN) as part of the postgraduate medical residency programs a person could enter into in order to qualify for state medical student and medical residency loan assistance. The bill would add OBGYN to the list of approved qualifying residency programs for the current University of Kansas Medical Center programs to incentivize the practice of medicine in certain areas of the state and in certain facilities of the state. The bill would prohibit a person who completed an approved OBGYN residency training program from performing or inducing, or attempting to perform or induce, an abortion, or working for or creating a clinic that performs or induces abortions during the time such person is satisfying the service requirement under the loan programs. A person who fails to satisfy the service requirement due to the performance or inducement, or attempt at such, of an abortion would be required to repay all money received pursuant to the loan, plus accumulated interest at an annual rate of 15 percent. A person who performs or induces, or attempts to perform or induce, an abortion in the case of a medical emergency or in the case of a pregnancy resulting from rape or incest would not be deemed to have failed to complete the service requirement. The bill also would establish the OBGYN Medical Loan Repayment Fund and the OBGYN Medical Residency Bridging Fund to be used for OBGYN residency training programs. (Passed Senate)

SB 103 would require treating dentists to provide basic information about the dentist and dental practice ownership upon request of a patient. This would include, but not be limited to, the full name, after-hours emergency contact information, and the Kansas state license number for the dental practice owner and the treating dentist. A failure to provide this information would subject the dentist to disciplinary action by the Kansas Dental Board. The bill would remove provisions of the Kansas Dental Practices Act that currently prevent licensed dentists from conducting a dental office with their name attached when they are not personally present in the office operating as a dentist or personally overseeing operations at least 20.0 percent of the time patients are being treated in such office. SB 103 also would remove provisions related to requirements for licensee’s secondary dental offices. The bill would prohibit licensees from directing or pressuring other dentists who are employees, associates, or subordinates to perform dentistry that fails to adhere to the applicable standard of dental care or that violates the Act. In addition, a dentist or contract for dental services would be prohibited from requiring a patient to sign an agreement that attempts to limit the patient’s ability to file a complaint with the Board. (Ways and Means)

SB 112, as amended, would permit a registered nurse anesthetist (RNA) to practice as an independent advanced practice registered nurse to the full extent of the licensee’s education and qualifications, except for the performance of surgery for the purpose of implantation of medication reservoirs for drug delivery devices. The bill would permit an RNA to prescribe, procure, select, order and administer any drug consistent with the licensee’s education and qualifications but would prohibit an RNA from performing, inducing, prescribing, procuring, or administering drugs for an abortion. The bill would take effect on and after January 1, 2024, and be in force from and after its publication in the statute book. (Ways and Means)

SB 116 would create law related to firearm safety education programs conducted in public school districts. This is a companion bill to HB 2304 described above. (Federal and State Affairs)

SB 118 would expand statutory duties and outline new requirements for the Secretary of KDHE related to maternal and child health, including maternal death review. The bill would add definitions to KSA 65-177 to include performance indicator, performance measure, and performance objective. The bill would extend the sunset of various provisions related to confidentiality of records from July 1, 2023, to July 1, 2028. A specialized review form would be required in maternal death cases and an external community review committee would be required to review certain cases as outlined in the bill. (Introduced in Federal and State Affairs)

SB 135 would create the Medical Cannabis Regulation Act. This is a companion bill to HB 2417 described above. (Federal and State Affairs)

SB 139 would specify that provisions related to newborn screening contained in KSA 65-180 through 65-183 would be known as the “Newborn Screening Act” and would establish an advance universal newborn screening program to be administered by the Secretary of KDHE. The bill would remove specific conditions listed throughout current sections and instead reference a single section of the bill that would state that the Secretary shall determine the conditions to be included in the newborn screening tests, including, but not limited to, conditions listed in the recommended uniform screening panel recommended by the United States Secretary of Health and Human Services as determined by the agency to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable conditions. The bill would remove current provisions related to the reimbursement of medically necessary food treatment products and specify this reimbursement would be in accordance with rules and regulations adopted by the Secretary. The bill would change the limitation on the annual transfer to the Kansas Newborn Screening Fund from $2,500,000 to $5,000,000. (Ways and Means)

SB 164 would allow a credit against the tax imposed under the provisions of the Kansas income tax act in the amount equal to $2,000 to a resident individual taxpayer who is a qualified employee of a licensed childcare facility during the taxable year beginning after December 31, 2022. The credit would be deducted from the taxpayer’s income tax liability for the taxable year in which the taxpayer is or has been a qualified employee. “Qualified employee” would mean an employee of a licensed childcare facility who works a minimum of 900 hours at a licensed facility in the tax year. The credit would not be refundable and could not be carried forward, and the provisions of this section would expire on December 31, 2025. (Assessment and Taxation)

SB 171 would create the Veterans First Medical Cannabis Act and provide for the regulation of the cultivation, distribution, sale and use of medical cannabis. The bill also would establish the cannabis regulatory commission and impose an excise tax on the cultivation and sale of medical cannabis. (Federal and State Affairs)

SB 180 would establish the Women’s Bill of Rights and would specify that for purposes of any state law or rules and regulations an individual’s “sex” means such individual’s biological sex, either male or female, at birth. The bill would state that with respect to biological sex, separate accommodations are not inherently unequal. The bill would state that laws, and rules and regulations, that distinguish between the sexes are subject to intermediate constitutional scrutiny. SB 180 would also require schools, state agencies, or political subdivisions that collect vital statistics to identify individuals within the data as either male or female at birth. (Passed Senate)

SB 225 would expand Medicaid in Kansas by establishing the KanCare Bridge to a Healthy Kansas program. This is a companion bill to HB 2415 described above. (Introduced in Ways and Means)

Substitute for SB 232 would enact the Child Advocate Act on and after July 1, 2023, which would establish the Office of the Child Advocate as an independent state agency. The bill also would amend law in the Revised Kansas Code for Care of Children and the Revised Kansas Juvenile Justice Code concerning various related provisions. (Passed Senate)

SB 233 would allow an individual who had what the bill defines as a “childhood gender reassignment service” performed to bring a civil cause of action under the Act against the physician who performed such service. The bill would establish the statute of limitations for such cause of action, the relief that could be sought, and the time frame to which the Act would apply. The provisions of the Act would not apply if the child was born with a medically verifiable disorder of sex development, as defined in the bill. The bill also would require the Kansas State Board of Healing Arts to revoke the license of a physician who performed such service. (Passed in the Senate)

SB 248, as amended, would create exemptions for food and food ingredients and would exempt the Kansas State School for the Blind and Kansas State School for the Deaf from paying sales tax on purchases related to the building, maintenance, and enlargement of facilities used for human habitation. The bill also would modify the disposition of revenue percentages for sales taxes and would be effective January 1, 2024. (Passed Senate)

SB 277 would provide for the regulation of supplemental nursing services agencies by KDADS and create the supplemental nursing services agency regulation fund. Supplemental nursing services agency would mean a person engaged for hire in the business of providing or procuring temporary employment in healthcare facilities for nurses and nurse aids. The Secretary of KDADS would be responsible for the oversight of supplemental nursing services agencies through unannounced surveys, complaint investigations and other actions necessary to ensure compliance with the provisions of the bill and would establish a system for reporting of complaints against supplemental nursing services agencies and against the employees of supplemental nursing services agencies. Complaints could be made by any member of the public. (Introduced in Ways and Means)

SB 279 would grant local, state and federal law enforcement or prosecutorial officials engaged in the administration, investigation or enforcement of the laws governing scheduled substances and drugs of concern access to the prescription monitoring program database without a warrant and replace the member of the program advisory committee representing the Kansas Bureau of Investigation with the Attorney General or the Attorney General’s designee. (Introduced in Federal and State Affairs)

House Social Services Budget Committee

(Rep. Les Mason, Chair)

On Monday, February 20, the Committee voted to pass out the KDADS fiscal year (FY) 2023 budget, with the following amendment:

• Add $1.9 million State General Funds (SGF), and direct KDADS to reimburse Mirror Incorporated to fund services to clients with opioid use disorder.

The Committee also voted to pass out the KDADS FY 2024 budget with the following amendments:

• Add $5 million, all SGF, to establish a patient observation and transportation reimbursement program and a behavioral health patient observation and transportation fund for hospitals, law enforcement, community mental health centers and counties local governments for the cost of observation and transportation of behavioral health patients once they have been evaluated and recommended for placement in a state hospital bed or State Institutional Alternative bed;
• Add $400,000, all SGF, to support Envision families, programs and advocacy efforts for blind and visually impaired children;
• Add $2 million, all SGF, for grants for Crisis Services for Kansans with intellectual and developmental disabilities (I/DD);
• Direct KDADS to transfer $1 million in the budget for the Psychiatric Residential Treatment Facility (PRTF) pilot project to the Ember Hope PRTF in Newton;
• Add $1 million, all SGF, to establish an Innovation Grant Program for Kansas-based sheltered workshops to transition away from the practice of existing 14(c) and subminimum wage programs, to Competitive and Integrated Employment programs;
• Add $3 million, all SGF, for senior nutrition services;
• Add $24.3 million, all funds, including $9.7 million SGF, and direct KDADS to certify community mental health centers as Certified Community Behavioral Health Centers when ready, removing the statutory cap;
• Add $7.3 million all funds, including $2.9 million SGF, to increase the I/DD targeted case management rate to $75 per hour;
• Add $133,075, all SGF, for the Association of Community Mental Health Centers of Kansas, Inc., to host Mental Health First Aid instructor training and provide financial assistance to local community mental health centers to offer trainings in their communities;
• Direct KDADS to establish a pilot program for assistive technology equipment with monies appropriated from the home and community-based services federal medical assistance percentage account, provided that the aggregate total shall be at least $5 million;
• Add $3 million, all funds, including $1.2 million SGF, to increase the Program of All-Inclusive Care (PACE) Medicaid reimbursement rates by 5 percent while still meeting the federal Centers for Medicare and Medicaid Services (CMS) PACE rate-setting guidelines;
• Direct KDADS to fund a $2.5 million grant for PACE expansion from the current American Rescue Plan Act (ARPA) funds or the $166 million reallocated ARPA (SPARK) funds;
• Add $34.4 million, all funds, including $14 million SGF, to fully rebase nursing homes’ daily Medicaid reimbursement rate, for a total increase of 10 percent;
• Add $13 million, all funds, including $5.2 million SGF, to increase frail elderly waiver reimbursement rates by 10 percent;
• Direct KDADS to conduct a study to review the I/DD service providers’ costs and provide recommendations to adjust the fund based on inflationary indexes;
• Add $61.6 million, all funds, including $24.6 million SGF, to fund a Medicaid payment add-on to distribute to nursing home facilities per Medicaid resident based on the percentage of Medicaid residents reported on a facility’s annual cost report;
• Direct the creation of an interim committee to review the rate setting methodology for nursing homes;
• Direct adoption of the community support waiver (CSW) recommended by the Special Committee on Intellectual and Developmental Disability Waiver Modernization and direct KDADS to apply to CMS for the CSW when the current waiver expires in 2024;
• Add $3 million, all SGF, for the community mental health centers to cover uninsured and indigent care; and
• Add $5 million, all SGF, to increase allocations for substance use disorder treatment for uninsured and unreimbursed services.