Veto Session Starts Monday, April 25th
Kansas legislators return to Topeka on Monday to finish leftover business from the regular session and attempt to override any vetoes issued by Governor Kelly over the last two weeks.  The legislature still needs to finish bills on  K-12 education funding, a bundle of tax bills, and remaining COVID-19 related bills that would encourage off-label treatments for COVID-19 and prevent schools and daycares from requiring any type of vaccinations for children.

First Adjournment Report

Signed by Governor

  • HB 2477 Extended COVID-19 flexibilities until January 20, 2022
  • SB 453 Allows LPNs to act as CNA instructors under the general supervision of an RN, allows hospitals, hospice and PACE to conduct CNA training.
  • S Sub for HB 2279 Allows APRNs to prescribe drugs without a supervising physician and requires them to carry malpractice insurance.  
  • H Sub for Sub for SB 267  Mega budget agreement

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.
  • PACE full rebase and inclusion in consensus caseload estimates

Vetoed by Governor

  • H Sub for Sub for SB 286 Extends pandemic flexibilities and liability protection for businesses and health care providers to January 20, 2022 

Conference Committee Report Still Pending

  • HB 2387 Prohibits any state agency from making changes to the KanCare program until January 1, 2025. Exceptions for changes required by legislature, federal law or CMS. Approved in Senate, House approval pending.

Presumed Dead

  • HB 2524 Staffing agency reform
  • HB 2678 Requires county owned hospitals and nursing homes to allow visitation no matter federal, state or local public health orders to the contrary.
  • HB 2663 Changes 3 year rebasing requirement for nursing homes to a 1 year cost report base model  
  • 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. Referred and accepted for review by Kansas Judicial Council
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Rachel Monger, JD, LACHA is President/CEO. Rachel joined LeadingAge Kansas in 2011 as the Director of Government Affairs and has been a powerful voice for our membership ever since. Rachel is a Kansas licensed attorney and adult care home administrator. She received her bachelor’s degree from Bard College at Simon’s Rock in Great Barrington, MA, and her Juris Doctorate from the University of Kansas School of Law. Over the years, Rachel has served in many volunteer roles in her community and in the state of Kansas to support senior needs, aging services education, and community mental health services. She is also a member of the Board of Governors for the Kansas Health Care Stabilization Fund. As an award-winning trial lawyer, turned award-winning senior care advocate, she has spent nearly two decades passionately supporting quality of care and quality of life for Kansas seniors. When not at work, Rachel loves reading, crafting, volunteering with her church, and spending time with her partner Steven. You can reach Rachel directly at 785.670.8046.