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 Capitolis 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 ofHealth at the Capitolcan be found on ourARCHIVE 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 Reimbursem*nt Fund and protocol for reimbursem*nt 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 Reimbursem*nt 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 Reimbursem*nt 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 Reimbursem*nt 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.
