Happy First Adjournment
The main part of the 2022 legislative session ended in the very early hours of Saturday, April 2nd. Legislators finished the majority of their business and headed home for a three week break before the Veto Session. The Veto Session is used to wrap up issues left dangling at First Adjournment and to attempt override votes on any bills the Governor vetoed while legislators were gone. Veto Session starts on Monday, April 25th. We will back next Friday with a wider report on the status of bills we have been tracking throughout the session, and what issues still remain for Veto Session.
Agreement Reached on Mega Budget Bill
Following eleven total rounds of negotiations over three days, the House & Senate budget conferees reached a deal on the Kansas Mega-budget. SB 267 contains the state budget agreement, and it passed the House 104-12 and the Senate 33-5. The bi-annual Consensus Revenue Estimates will be released on Wednesday April 20. This will provide an updated look at the revenue outlook for the state. On Thursday and Friday, April 21 & 22 the budget committees of the House & Senate will meet in order to consider changes needed or desired based on these updated revenue estimates.
The following long term care budget items have officially been agreed to in the SFY 2023 state budget bill
Add $65.2 million, including $26.2 million from the State General Fund, to provide a full rebase of the nursing home daily Medicaid rate for FY 2023. This amount is the difference between the amount to fully rebase the daily rate and the 3.0 percent increase already included in the Governor’s recommendation for FY 2023. The full rebase amount is based on calendar year 2019, 2020 and 2021 cost data, however, the data for calendar year 2021 is an estimate.
Add $11.8 million, including $4.7 million SGF, to provide a 10% reimbursement rate increase for providers of Home and Community Based Services Frail Elderly waiver services for FY 2023.
Add language to allow the agency to establish guidelines for a nursing facility to request a waiver for staffing requirements compatible with CMS rules for FY 2023 and investigate similar guidelines for adult care homes for FY 2023.
CNA Training Expansion Bill on Way to Governor
The House and Senate reached an agreement on the contents of SB 453 which will allow LPNs to act as CNA instructors under the general supervision of a RN. The bill also allows hospitals, hospice and PACE to conduct CNA training. After another round of unanimous approvals in both chambers, SB 453 will now go to the Governor for signature (or veto).
Agreement Finally Reached on COVID-19 Liability Protections
After long and contentious negotiations between House and Senate leadership, an agreement was reached on Sub for SB 286 which will, among other things, extend COVID-19 liability protections for adult care homes, hospitals and businesses in Kansas until January 20, 2023. The committee report on the bill passed the House on a vote of 64-51 and the Senate on a vote of 24-16. Sub for SB 286 will now go to the Governor, but it is unclear at this point whether the Governor is willing to sign it.
Bill Tracker
- SB 453 CNA training expansion and updates
- H Sub for Sub SB 286 formerly known as HB 2652 Extends pandemic flexibilities and liability protection for businesses and health care providers
- HB 2663 Changes 3 year rebasing requirement for nursing homes to a 1 year cost report base model
- S Sub for HB 2279 Allows APRNs to prescribe drugs without a supervising physician and requires them to carry malpractice insurance.
- HB 2004 Allows residents to appeal discharges from assisted living (and other state-licensed settings) and remain in the facility while the appeal is pending.
- Sub for HB 2463 Prohibiting changes to the Medicaid program and requiring the extension of the current Medicaid program. Inserted into House mega budget bill, removed from House mega budget bill, inserted into a Conference Committee Report for HB 2387.
- H Sub for SB 267 House mega budget bill
- Sub SB 444 Senate mega budget bill
