Veto Conference Edition (May 20, 2022) – Kansas Health Research Institute

Kansas lawmakers will return to the Capitol for the last time on Monday, May 23, for a Sine Die session. Before the latest break, which began April 29, lawmakers focused on the consolidated budget, a motion to overturn Gov. Laura Kelly’s veto and the Department of Education budget. Since then, Governor Kelly has signed 13 bills and vetoed three.This period Health at the Capitol A summary of the health-related bills in the 2022 veto session is provided.

Health at the Capitol is a weekly digest that provides highlights from the Kansas Legislative Session, with a particular focus on issues related to health policy. register here Receive these summaries and more, and follow KHI Facebook, Twitter and LinkedIn. previous version Health at the Capitol available in our Archive page.

On Monday, April 25, Wyandotte County District Judge Bill Klapper dismissed the Republican-drawn map of Congressional redistributiveness as unconstitutional. Attorney General Derek Schmidt immediately appealed the decision to the Kansas Supreme Court, which on May 18 overturned Judge Clapper’s decision, saying the map did not violate the Kansas Constitution.

On Thursday, April 28, the House of Representatives voted 95 to 22 and the Senate passed the omnibus budget bill by a vote of 33 to 7, House Bill (HB) 2510, signed by Gov. Kelly on May 16, contained a provision that vetoed a provision that would have allowed Regent institutions to raise tuition in fiscal year 2023. The bill includes the following:

For FY 2022, the Act adds $390.3 million, including $373.7 million from the State General Fund (SGF), which includes:

• $15 million in federal 2021 American Relief Programs Act (ARPA) funding to provide funding to nursing facilities to cover rising costs associated with agency staffing shortages.

For FY 2023, the Act adds $119.8 million, including a $60.1 million SGF, which includes:

• The $10 million SGF funded 988 suicide prevention lifeline actions. The bill includes language if the House division terminates funding. SB 19 has been issued.

Also on Thursday, lawmakers:

• pass HB 2106, the Food Sales Tax Act, which would eliminate the 6.5% levy on food and food ingredients (defined as including bottled water, candy, dietary supplements, soft drinks, and food products sold through vending machines, but excluding alcoholic beverages, tobacco) state sales tax and most prepared foods) for the next three years. The sales tax rate will drop to 4.0% on January 1, 2023, 2.0% on January 1, 2024, and zero on January 1, 2025. The bill was signed by Governor Kelly on May 11.
• pass Senate Substitute for HB 2567 (Sub.), which funds the Kansas Department of Education for fiscal years 2022-2024 and establishes other education policies, including requiring school districts to develop policies to accept out-of-district students from anywhere in the state if facilities and staffing are adequate. The bill was signed by the governor on May 16.
• Overturn Governor Kelly’s veto Senate branch. for HB 2448 This requires the Department of Children and Families to assign all able-bodied dependents (ABAWD) who meet federal food assistance work requirements to employment and training programs. The Act’s provisions apply to ABAWDs between the ages of 18 and 49 and individuals who work at least 30 hours per week.
• pass House of Representatives. for the child. Senate Bill (SB) 84 Regarding sports betting operations at lottery gaming facilities, and amends provisions in the Kansas Lottery Act and the Kansas Parry Mutur Horse Racing Act. The bill was signed by Governor Kelly on May 12.

Thursday, April 28, Conference Committee Report House of Representatives. For SB 19which created the Life, Value Investing, and Ending Suicide (LIVES) Act, which implements Kansas’ 988 Suicide Prevention and Mental Health Crisis Line, passed and lawmakers can still consider it until the end of the session.

On Monday, May 2, the Kansas Department of Revenue reported that Kansas’ April tax revenue was $1.5 billion, beating the April consensus revenue estimate by $178 million, or 13.4%.

Signed by Governor Kelly on Thursday, May 5 HB 2237, designed to expand and improve housing development, especially in the state’s rural areas, and to encourage the preservation of historic buildings and the redevelopment of small-town buildings that can be secured through tax credits and loans in 98 of the state’s least populous counties. The bill also allows taxpayers of any income or privilege to claim the Child Day Care Services Tax Credit, and allows taxpayers to claim 50% of expenses paid to organizations that provide child care services to taxpayer employees beginning in the 2021 tax year.

On Wednesday, May 18, the Kansas Supreme Court also unanimously approved the Kansas House and Senate district redistribution maps passed by the legislature.

Additional health-related bills signed by the governor

Senate branch. for HB 2495, pertaining to fingerprinting for criminal history checks and other law enforcement matters, also amends the Law on Access, Exchange, and Disclosure of Information in the Revised Kansas Code of Child Care to require the Secretary of Children and Families to disclose information that will be alleged or Confidential agency records of children identified as children in need of care (CINC) are submitted to law enforcement agencies investigating alleged or substantiated reports or investigations of abuse or neglect, regardless of how such reports or investigations are handled. The bill requires records to include, but are not limited to:

• any information about such reports or investigations;
• Past reports or investigation records concerning the child and his siblings and the perpetrator or alleged perpetrator; and
• The name and contact information of the whistleblower or the person alleging abuse or neglect, and the name and contact information of the case manager, investigator, or contracting agency employee assigned to or investigating such a report.

The Act adds investigative law enforcement agencies to the list of individuals or entities that have access to official and social records of CINC proceedings. (May 12).

Health-related bills vetoed by governor

son. for SB 34 Enact laws regarding actions by government entities or public officials to influence face covering requirements in response to communicable diseases or communicable diseases, and prohibit any government entity or public official from requesting a passport for COVID-19 vaccinations. The bill amends the Kansas Emergency Management Act (KEMA) and public health regulations regarding face covering requirements and judicial review of government action to respond to disaster emergencies and local disaster emergencies. The Act removes the authority of the Secretary of Health and Environment or local health officials to order any law enforcement officer in the state or any branch to assist in the execution or enforcement of any order regarding communicable diseases. The bill also amends student health regulations regarding certification of testing or vaccinations for first-time enrollment in schools or preschools or day care programs operated by schools to specify that testing or vaccinations required by the secretary are prohibited. (rejected on May 13).

HB 2387 Enact laws related to Medicaid programs and amend laws regarding the governor’s powers in the Kansas Emergency Management Act (KEMA). The act creates a law that on or before January 31, 2023, no state agency, including the governor, may:

• Issue a Request for Proposal for the administration and provision of benefits under the Medicaid Program; or
• Enter into any new contracts with managed care organizations to administer and deliver benefits under the Medical Assistance Program.

Except to the extent prohibited by 42 USC § 1396u-2(a)(2) or other federal law, the Act requires the Secretary of Health and Environment to continue to administer Medicaid benefits using a managed care entity, such as 42 USC § 1396u-2. These regulations will expire on January 31, 2023. The Act also amends a statute in KEMA dealing with the Governor’s powers to clarify that continuing limitations on the Governor’s powers with respect to firearms or ammunition apply under KEMA or any other law. The Act also provides that the Governor has no power or authority under KEMA or any other law to prohibit the participation or conduct of any religious service or service in a church, synagogue or place of worship. (rejected on May 13).

veto continues

SB 199, The definition of a short-term limited-term policy will be modified to specify a policy term of less than 12 months and policies that offer renewal or extension, up to a maximum policy term of 36 months. The bill would also remove language that insurers are required to include in contracts and application materials when issuing STLD policies. (During April 28).

House of Representatives. for the child. for SB 286, which will amend and extend the expiration date and effectiveness of regulations governing the government’s response to the COVID-19 pandemic; amend certain health care provider exemptions related to the COVID-19 public health emergency; create a hospital interference offence ; and increased the penalty for assaulting a health care provider. (During April 26).

SB 493, will prohibit municipalities from adopting or enforcing ordinances, resolutions or regulations restricting, taxing, prohibiting or regulating the use of secondary containers (plastic straws, bags, cups, packaging, containers, bottles or other packaging). (During April 28).