February 25, 2022
Kansas Legislative Briefing for the Week of February 25, 2022
The legislature closed for business yesterday and will start back to work on Tuesday, March 1. 

Our CNA training bill “open the pipeline” SB543 passed out of the Senate with an amendment we can live with. The allowance for 50% of hands on training in simulation labs was stricken from the bill. One of the most important features will allow LPNs to serve as instructors under the supervising RN for the course. It will now be taken up in the House. To read the entire bill text, click here.

Thank you to all of you who responded to our "CALL FOR ACTION". Your contact is what makes the difference on some of these hotly debated topics.

HB2524 (caps and accountability for staffing agencies) passed out of committee and was on the House calendar. Unfortunately, it did not make it above the line to be debated. As it was not heard it cannot advance. We had hoped that it would be “blessed” and moved to a committee that is exempt from the turn-around deadline. It was, unfortunately not.

Representative Will Carpenter is still requesting information about your 2021 staffing agency hours and costs vs. 2020. (Please send details to Linda MowBray.) He wants to use this information to stir up support of the large agency budget increase we asked for. The House Social Services Budget committee which Representative Carpenter Chairs is recommending our ask. This will go to appropriations for further discussion.
*This is an estimate of potential cost of a full rebase and inflation adjustments for FY23 Nursing Facility rates. A full rebase for FY23 would include cost report years from 2019-20-21 with an inflation adjustment through 12/31/22. The agency will have an actual impact in April 2022 which will be based on 2021 cost reports currently being submitted by Nursing Facilities.

Although disappointing for our staffing agency cap bill, not moving above the line for full House debate worked in our favor for HB2004 “Charlie’s Law” that would require the right to appeal a 30 day discharge notice in our assisted living and home plus communities. It was also not “blessed” so it did not meet the turn-around deadline.

HB2463 which would stop changes to KanCare to be made prior to 1-1-25 is a bill seeking to limit the influence Governor Kelly has on making contact decisions for KanCare 3.0 did not move above the line but was blessed and set to Appropriations which is exempt from the turn-around deadline. We are in opposition to this bill simply because it ties the hands of KDHE to make swift changes to the State Plan Amendments or SPAs that are often required by CMS. This includes rate setting methodology, renewal of the provider assessment which will need to be done prior to 1-1-25 as well as distributing any relief funds. We will be keeping a close eye on this when the Legislature comes back next Tuesday, March 1, 2022. To read the entire bill text, click here. 

H Sub for Sub SB286 - extending immunity from civil certain healthcare providers, certain persons conducting business in this state and covered facilities for COVID-19 claims until January 20, 2023; was set to the Committee on Judiciary (an exempt committee) with recommendations for passage. To read the entire bill text, click here. 

Last, we have submitted 3 proposal to the SPARK committee requesting funds for providers:
Linda MowBray
President/CEO
(785) 267-6003
Kansas Health Care Association and the Kansas Center for Assisted Living
1100 SW Gage Blvd Topeka, KS 66604
PH: 785-267-6003 FAX: 785-267-0833