Kansas Advocacy Updates: April 16, 2025

Last week on Monday, a federal judge in Texas issued a summary judgement to vacate two provisions of the CMS Minimum Staffing Rule for nursing homes on a nationwide basis. The two provisions were the 24/7 RN requirement and minimum staffing ratios of NA and RN hours per patient per day. As of right now, the enhanced facility assessment requirement for nursing homes and Medicaid payment transparency for states is still in effect or set to go into effect by its implementation date outlined in the rule.  

For the Iowa lawsuit led by Kansas Attorney General Kris Kobach, 19 other AGs, LeadingAge Kansas, and 20 other state affiliates, while the preliminary injunctive relief was originally denied, the lawyers are continuing to fight and advocate seeking an appeal of the denial for relief while also seeking summary judgement from the judge. The difference between this lawsuit and the one filed in Texas was the scope of the rule seeking to be vacated. For that reason, the remainder of the rule has the potential to be vacated through the Iowa lawsuit, a congressional action through budget reconciliation process or bill, or a presidential administrative action to rescind the remainder of the rule. 

We will continue to closely monitor but want to thank all the LeadingAge Kansas members who spoke up and provided a voice to this issue! 

The legislative body adjourned on Friday, April 11, after overriding some additional line-item vetoes from Governor Kelly in the budget. The Governor had all her line-item vetoes out before the legislative body returned on Thursday, and all additional funding for nursing homes and PACE providers were maintained. As a reminder this includes a full rebase, inflationary factor, and $20/Medicaid resident/day add-on and a full rebase for PACE providers for FY26. The specific rate amounts will be given later in June, and there is a chance that early May estimates may not include the add-on in the configuration just due to internal processes and deadlines for KDADS. The specific rate amounts are also subject to any significant changes to spring consensus caseloads, but early discussions do not indicate we should see major shifts. 

A full summary legislative report will be complete and ready for review by May. There are several bills still outstanding and work to be done in the interim with legislators. Since next year is the second year of the biennium, bills can still move forward in the process without necessarily needing to be reintroduced. If you have any interest in being part of those conversations, please let Kylee Childs know. 

We’ve been hearing from members on having issues with Medicaid patient liability payments not being made by resident family members and struggling to find help through DCF. LeadingAge Kansas consulted with DCF APS leadership as well as the Kansas Attorney General’s office to produce this guide to making reports for aging services providers. As mandated reporters, providers have the ability to call into the hotline at 1-800-922-5330 or complete the report form online. 

Download a copy of the guide and share with other mandated reporters within your organization. 

Since the transition of Continuing Care Retirement Community (CCRC) registration authority to KDADS on July 1, 2024, we’ve heard from several providers experiencing issues renewing their registration. If you’ve been told you’re unable to renew—or that you no longer qualify as a CCRC despite previous approval—you’re not alone, and we’re here to advocate for you. 

Remember, CCRC status is important. It impacts your eligibility for the 1/6 tier carve-out under the bed tax assessment, which is assessed on July 1. To qualify, your CCRC status must be in place by June 30, 2025. 

If you’re facing challenges or receiving conflicting information from KDADS, please reach out to Kylee Childs as soon as possible for assistance.