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Well being on the Capitol Week 11 (March 31, 2022) – Kansas Well being Institute – Kansas Well being Institute

© 2022 Kansas Well being Institute. All rights reserved.
By Linda J. Sheppard, J.D., Wendy Dang, M.P.H., C.P.H., Emma Uridge, C.H.E.S. | March 31, 2022
Legislators handed greater than 100 payments by the tip of Drop Useless Day on Wednesday, March 23, which was the final day for consideration of non-exempt payments in each chambers. These included payments coping with suicide prevention; licensing of pharmacy profit managers; short-term, restricted period insurance coverage (STLDI) well being plans; scope of follow for pharmacists, occupational therapists and superior follow registered nurses; limitations on governmental actions associated to contagious and infectious ailments; redistricting; and funds payments. Each chambers reconvened on March 28 for every week of convention committees and different work to be accomplished earlier than First Adjournment on Friday, April 1. This version of Well being on the Capitol appears to be like at well being coverage points that had been mentioned in the course of the eleventh week of the session.
 
On Wednesday, March 23, the Home handed its funds invoice, on a vote of 73-49, with out the $70 million that Gov. Laura Kelly had included to fund the state’s portion of Medicaid growth.
On Tuesday, March 22, Home Invoice (HB) 2708 was handed out of Committee. The invoice would set up requirements for laboratory licenses that take a look at medical marijuana and require the director of Alcoholic Beverage Management (ABC) to undertake guidelines and rules concerning testing laboratories. The Committee amended the invoice to incorporate some provisions from Senate Invoice 158, handed by the Home in 2021, associated to the definition of medical marijuana and different terminology, laboratory licensure, licensure disqualification, licensee location necessities, and prison historical past examine necessities. 
On Monday, March 21, the Committee advisable that SB 522 be handed. The invoice would enable native college boards to supply firearm security teaching programs and the State Board of Schooling can be directed to ascertain curriculum tips for a standardized firearm security training program that features accident prevention. The invoice additionally would offer that particular applications be used based mostly on the grade stage of scholars.
Senate Substitute (Sub) for HB 2279 would amend provisions within the Kansas Nurse Apply Act (Act) governing the licensure of superior follow registered nurses (APRNs) to, amongst different issues, enable an APRN to prescribe medicine with out a written protocol as approved by a accountable doctor, require an APRN to keep up malpractice insurance coverage, and require nationwide certification for preliminary licensure as an APRN. The invoice additionally would modify the definition of “mid-level practitioner” in each the Pharmacy Act of the State of Kansas and the Uniform Managed Substances Act to evolve with amendments to the written protocol necessities inside the Act. The substitute invoice was advisable for passage by the Senate Public Well being and Welfare Committee on February 21 and handed by the Senate on March 9. The Convention Committee appointed on March 15 met on March 22, however no settlement was reached at the moment. 
Senate Invoice (SB) 12, handed by the Senate on February 17, would require the Kansas Division for Youngsters and Households (DCF) to collaborate with group companions and stakeholders to develop a plan by January 31, 2023, for implementation starting on July 1, 2023, of performance-based contracts to supply an array of evidence-based prevention and early intervention companies for households in danger for out-of-home placement, households which have a baby in out-of-home care, and youngsters awaiting adoption. The invoice additionally would require DCF to supply a standing replace and proposals for continued progress and submit a proposal for the reinvestment of financial savings from decreased foster care caseloads into evidence-based prevention and early intervention applications designed to forestall the necessity for or cut back the period of out-of-home placements to the Governor and Legislature no later than January 31, 2024. The invoice, as amended by the Home Youngsters and Seniors Committee, was handed by the Home on March 23.
Home Substitute (Sub) for SB 19 would create the Residing, Investing in Values, and Ending Suicide (LIVES) Act (Act) and implement the established 988 Suicide Prevention and Psychological Well being Disaster Hotline in Kansas. The invoice additionally would define the duties of the Kansas Division for Getting older and Incapacity Providers (KDADS), hotline facilities, and repair suppliers and would set up the 988 Suicide Prevention and Psychological Well being Disaster Hotline Fund and direct State Basic Fund moneys to be transferred to the Fund. Moreover, the invoice would offer sure protections from legal responsibility for service suppliers, create the 988 Coordinating Council, and require an annual report from the Council to the Home Committee on Appropriations, Power, Utilities and Telecommunications and the Home Well being and Human Providers Committee, in addition to the Senate Committee on Methods and Means, Utilities, and the Senate Committee on Public Well being and Welfare. The invoice was handed by the Home on March 21, and a Convention Committee was appointed on March 23.
Home Sub for SB 28 would enact the pharmacy advantages supervisor (PBM) licensure act and require licensure somewhat than registration of PBMs. It will (1) finish the registration of PBMs and as an alternative require them to be licensed; (2) require that, based mostly upon licensure, the Kansas Insurance coverage Division would have oversight over PBMs to permit it to carry them accountable to present legislation and a regulatory construction contained within the invoice; and (3) amend the present most allowable value (MAC) appeals course of, associated to reimbursement charges to pharmacies meting out generic medicine. The invoice was handed by the Home on March 21.
SB 155 would replace statutes associated to new child screening and designate these statutes because the New child Screening Act (Act); would set up the Common New child Screening Program (UNSP) to be administered by the Secretary of the Kansas Division of Well being and Surroundings (KDHE);and would take away the listing of circumstances within the Act and authorize the Secretary to find out the circumstances to be included in the united states, together with, however not restricted to, circumstances listed within the advisable uniform screening panel advisable by the U.S. Secretary of Well being and Human Providers. The invoice additionally would improve the quantity accessible for switch from the Medical Help Charge Fund to the Kansas New child Screening Fund from a most of $2.5 million to a most of $5 million in anybody fiscal 12 months. The invoice was handed by the Senate on March 23. 
SB 199, handed by the Senate in March 2021, would amend legislation within the Insurance coverage Code governing specifically designed insurance policies and short-term insurance policies to replace references to short-term, limited-duration insurance coverage (STLDI) well being insurance policies. Below present legislation, “short-term” means an insurance coverage coverage interval of 6 or 12 months, based mostly upon coverage design, which affords not multiple renewal interval with or with out a requirement of medical re-underwriting or medical requalification. The invoice would amend this definition to replace the time period to “short-term restricted period” and would specify a coverage interval of lower than 12 months and a coverage that provides renewal or extension intervals as much as a most coverage interval of 36 months complete in period. The invoice additionally would take away language specifying the advantages or companies that may very well be included in specifically designed insurance policies; the definition of “specifically designed insurance policies” can be up to date to supply that these insurance policies are issued on a short-term, limited-duration foundation; and take away language required to be included in contracts and utility materials by insurance coverage firms issuing STLD insurance policies. The invoice, as amended by the Home Insurance coverage and Pensions Committee, was handed by the Home on March 23.
SB 200, handed by the Senate on February 15, would develop the pharmacist scope of follow to incorporate initiation of remedy for influenza, strep throat, or urinary tract an infection, pursuant to a statewide protocol adopted by the Collaborative Drug Remedy Administration Advisory Committee. On March 21, the Home handed the invoice, as amended by the Home Well being and Human Providers Committee on March 15.
SB 335, handed by the Senate on February 17 and handed by the Home on March 17, would exempt sure certified commerce, service provider, retail, {and professional} associations and enterprise leagues within the state from cost of the annual premium tax to the Kansas Insurance coverage Division. These skilled associations and enterprise leagues present well being advantages by means of a self-funded well being plan topic to the federal Worker Retirement Revenue Safety Act of 1974 (ERISA) however usually are not topic to the jurisdiction of the Kansas Insurance coverage Division. The invoice was enrolled and offered to the Governor on March 21.
SB 343, handed by the Senate on February 15, would substitute references to “listening to impairment” and different comparable phrases in current statutes with the phrases “laborious of listening to,” “listening to loss,” or “deaf” associated to individuals with listening to loss. The Home Committee of the Entire adopted a technical modification to the invoice and handed it, as amended, on March 21, and a Convention Committee was appointed on March 22.
SB 346, handed by the Senate on February 10 and amended by the Home Agriculture Committee on March 17, would enable for the on-farm retail sale of milk or milk merchandise, regulate the labeling and promoting of such merchandise, prolong the sundown date for sure milk and dairy license charges, enable the Secretary of Agriculture to declare an imminent well being hazard when crucial to guard the general public well being, and permit the Kansas Division of Agriculture to evaluate a civil penalty for sure violations. The invoice was handed by the Home on March 21. 
SB 399, handed by the Senate on February 23, which might add maternity facilities to the definition of healthcare supplier for functions of the healthcare insurance coverage supplier availability act, was stricken from the Home Calendar on March 23.
SB 440, handed by the Senate on February 23, would amend the Occupational Remedy Apply Act, and permit occupational therapists (OTs) to guage and provoke occupational remedy therapy on a affected person with out referral from a well being care practitioner. The invoice would create circumstances beneath which an OT can be required to acquire a referral from a well being care practitioner previous to persevering with therapy; wouldn’t stop a hospital or ambulatory surgical heart from requiring a doctor to order or make a referral for occupational remedy companies for a affected person at present being handled in such a facility; and would require an OT to supply written discover to a self-referring affected person, previous to commencing therapy, stating that an occupational remedy analysis is just not a medical analysis by a doctor. The invoice additionally would require licensed OTs actively working towards within the state to keep up skilled legal responsibility insurance coverage protection as a situation of rendering skilled occupational remedy companies and would require the Board of Therapeutic Arts to find out the minimal stage of protection for such insurance coverage by means of guidelines and rules. The invoice was handed by the Home on March 21.
SB 453, handed by the Senate on February 23 and amended by the Home Well being and Human Providers Committee on March 16, would amend present legislation and require the completion of 40 hours of coaching in fundamental resident care expertise for unlicensed workers working in grownup care houses, who present direct, particular person care to residents, who don’t administer medicines to residents, and who haven’t accomplished or are taking part in a course of training and coaching referring to resident care and therapy authorised by the Secretary of KDADS. 
SB 489, as amended by the Senate Public Well being and Welfare Committee on March 16, would amend a number of current statutes associated to contagious or infectious ailments to limit or restrict the powers of the Secretary of the Kansas Division of Well being and Surroundings (KDHE) and native well being officers. The invoice would substitute language in present legislation permitting native well being officers to “subject” an order requiring quarantine or isolation in sure conditions with language stating that such orders could solely be “advisable.” The invoice was additional amended by the Senate Committee of the Entire to (1) take away the Secretary’s authority to subject orders and undertake guidelines and rules concerning isolation and quarantine of individuals with or uncovered to ailments injurious to the general public well being and (2) to specify that native well being officers can be required to make use of solely medically crucial and cheap measures to forestall the unfold of infectious, contagious, or communicable ailments. The invoice was handed by the Senate on March 23. 
SB 541, as amended by the Senate Judiciary Committee on March 11, would create legislation concerning actions taken by a metropolis associated to contagious or infectious illness, COVID-19 vaccination passports, and face masks necessities. The invoice additionally would amend the Kansas Emergency Administration Act and public well being statutes associated to contagious or infectious illness, take away the sundown provision within the COVID-19 Contact Tracing Privateness Act, and amend legislation associated to scholar vaccination exemptions. The invoice would require compensation for the use, restriction on use, harm, loss or destruction of property because of sure governmental actions; present that orders and comparable actions by public officers referring to face masks mandates, gathering limitations, enterprise restrictions and spiritual gathering limitations shall not exceed 30 days in period at a time earlier than being renewed or allowed to run out; prohibit college officers from issuing or requiring use of a COVID-19 vaccination passport or discriminating towards a scholar based mostly upon COVID-19 vaccination standing; require faculties to acknowledge exemptions from vaccination necessities and face masks mandates; prescribe the powers, duties and features of the Board of Schooling of every college district, the governing physique of every group school and the governing physique of every technical school associated to contagious or infectious illness; and authorize reimbursement of property taxes levied upon companies shut down or restricted because of sure governmental actions associated to contagious or infectious illness. The invoice was additional amended by the Senate Committee of the Entire so as to add a bit of legislation prohibiting governmental entities or public officers from limiting worship companies or actions and to supply extra restrictions on the actions of native well being officers and was then handed, as amended, by the Senate on March 23.
Senate Sub for HB 2062, as advisable by the Senate Public Well being and Welfare Committee on March 30, 2021, would prohibit any state officer; any state company; the board of county commissioners; any worker of a state officer; state company or board of county commissioners; or the governing physique of any city- or county-established and operated house for the aged or county hospital from limiting a resident’s or affected person’s proper to obtain or refuse guests of their personal room or prohibit some other cheap lodging to obtain guests for the aim of controlling or stopping the transmission of an infectious illness. A board of trustees of a city- or county-established and operated house for the aged additionally can be prohibited from limiting residents in such method. Each resident of a city- or county-established and operated house for the aged or each affected person of a county hospital, or such resident’s or affected person’s authorized consultant, would have the proper to waive, in writing, any restrictions imposed to regulate or stop the transmission of an infectious illness by the county, a metropolis inside such county, an worker of such county, or any federal or state company at any time, together with throughout a state or native catastrophe emergency declared pursuant to statute. The invoice was handed over by the Senate on March 23 and retains a spot on the Senate Calendar.
Home Invoice (HB) 2110, handed by the Home on February 23, would require the State Worker Well being Plan (SEHP), for plan 12 months 2023, present protection for the analysis and prescribed therapy for pediatric acute-onset neuropsychiatric syndrome (PANS) and pediatric autoimmune neuropsychiatric problems related to streptococcal infections (PANDAS), for the aim of learning the utilization and price of such protection. The invoice additionally would require the State Staff Well being Care Fee to submit a report back to the President of the Senate and the Speaker of the Home on or earlier than March 1, 2024, stating the affect that the mandated protection for PANS and PANDAS had on the SEHP. The invoice was handed by the Senate on March 23.
HB 2151, handed by the Home on February 18, 2021, and amended by the Senate Public Well being and Welfare Committee on March 29, 2021, would create and amend legislation concerning elder and dependent grownup abuse multidisciplinary groups and would require the Lawyer Basic to nominate a Kansas elder and dependent abuse multidisciplinary workforce coordinator and, inside limits of accessible appropriations, appoint such extra employees as essential to help the coordinator. The Lawyer Basic can be required to submit an annual report back to the Legislature, on or earlier than the primary day of every common legislative session, on the implementation and use of the groups; and the statute creating the Abuse, Neglect, and Exploitation of Individuals Unit (Unit) within the Workplace of the Lawyer Basic (OAG) can be amended to permit the Unit to help in any investigation or dialogue of any elder and dependent grownup abuse multidisciplinary workforce, pursuant to the invoice. The invoice was handed over by the Senate on March 23 and retains a spot on the Senate Calendar.
HB 2253, handed by the Home on March 21 and referred to Senate Public Well being and Welfare Committee, updates sure provisions of the Prescription Monitoring Program Act referring to program information, storage and entry; will increase the membership of the Advisory Committee; and gives for setup and annual upkeep charges for program information integration. 
Senate Sub for HB 2262, which might amend schedules I, II, IV and V of the Uniform Managed Substances Act and different statutes, was handed by the Home on February 24, 2021, and the substitute invoice was advisable for passage by the Senate Public Well being and Welfare Committee on March 30, 2021. The invoice was amended by the Senate Committee on February 4, 2022, on the request of the State Board of Pharmacy, to exempt federal Meals and Drug Administration (FDA)-approved drug merchandise containing an energetic ingredient derived from marijuana from the definition of marijuana. Through the listening to on the invoice, it was famous that not less than one drug containing an energetic ingredient derived from marijuana is more likely to be authorised between the 2022 and 2023 legislative periods. It was famous that the modification doesn’t specify any explicit product and would enable any FDA-approved drug product containing an energetic ingredient derived from marijuana to be accessible with a prescription. The invoice was handed by the Senate on February 17, and a Convention Committee was appointed on March 21. 
Senate Sub for HB 2280 would enable prescribers to prescribe medicine authorised by the U.S. Meals and Drug Administration (FDA) ─ together with, however not restricted to, hydroxychloroquine sulfate and ivermectin ─ for the off-label use of stopping or treating COVID-19 an infection. The invoice additionally would offer that suggestions, prescriptions, makes use of or opinions of a prescriber associated to the therapy of COVID-19, together with therapy that isn’t advisable or regulated by the Kansas State Board of Therapeutic Arts, KDHE or the FDA, wouldn’t be thought-about unprofessional conduct. The invoice additionally would amend the Pharmacy Act to ban pharmacists from refusing to fill or refill any prescription on the idea of such prescription getting used to deal with or stop a COVID-19 an infection and would amend legislation referring to youngster care amenities and faculties to supply that kids and college students enrolling in a baby care facility, college or preschool or day care facility operated by a college, can be exempt from immunizations required by the Secretary of KDHE if such immunizations would violate sincerely held spiritual beliefs and such an exemption can be granted with out inquiring into the sincerity of the request. The substitute invoice, as amended, was advisable for passage by the Senate Public Well being and Welfare Committee on March 21 and handed by the Senate on March 23.
HB 2340 would amend the Kansas Cigarette and Tobacco Merchandise Act; the Kansas Indoor Clear Air Act; legislation regarding scholar well being; and prison statutes associated to the use and possession of cigarettes, digital cigarettes, consumable materials, and tobacco merchandise by individuals beneath the age of 21. The invoice would change references to the authorized age to make use of or possess such merchandise all through the above Acts from 18 years of age to 21 years of age. The invoice additionally would outline the time period “regulated merchandise” to imply cigarettes, digital cigarettes, consumable materials, and tobacco merchandise, and would substitute references to both “cigarettes,” “digital cigarettes,” or “cigarette and tobacco merchandise” with “regulated merchandise” all through the invoice. The invoice was handed by the Home on March 23.
HB 2386, as amended by the Senate Public Well being and Welfare Committee on March 17, would set up necessities for the cost and reimbursement of dental companies by a dental profit plan. The invoice was handed by the Senate on March 23.
Senate Sub for HB 2416 would require compensation for the use, restriction on use, harm, loss, or destruction of property because of sure governmental actions and would authorize reimbursement of property taxes levied upon companies shut down or restricted because of sure governmental actions associated to contagious or infectious illness in people. The invoice additionally would set up the COVID-19 retail storefront property tax reduction act to supply partial refunds to sure companies impacted by COVID-19 associated to shutdowns and restrictions. The invoice was handed by the Senate on March 23. 
Senate Sub for HB 2448 would require DCF to assign all able-bodied adults with out dependents topic to the meals help work necessities established by federal legislation to an employment and coaching program as outlined in 7 U.S.C. § 2015(d)(4). The invoice would specify the provisions of the invoice would solely apply to these able-bodied adults with out dependents aged 18 by means of 49. The Senate Public Well being and Welfare Committee advisable the substitute invoice be handed on March 21 and the Senate handed the invoice on March 23. 
HB 2582, handed by the Home on March 16, would amend a legislation governing entry, alternate, and disclosure of knowledge within the Revised Kansas Code for Care of Youngsters to require the Secretary of DCF to reveal confidential company information of a kid alleged or adjudicated to be a baby in want of care to the legislation enforcement company investigating the alleged or substantiated report or investigation of abuse or neglect, whatever the disposition of such report or investigation.
HB 2632, which might develop current Adrian’s Legislation to require a forensic medical analysis of an alleged sufferer of kid abuse or neglect as a part of an investigation; create a program in KDHE for the coaching of and cost for Baby Abuse Evaluate and Analysis (CARE) suppliers who conduct CARE exams; and would set up definitions, necessities and procedures associated to CARE examinations and suppliers and create the CARE Fund. On March 21, the Home Committee of the Entire amended the definition of “youngster abuse evaluation and analysis community” to incorporate any medical supplier related to a baby advocacy heart that has the flexibility to conduct a CARE examination and so as to add a sundown date of July 1, 2026, to the invoice and handed the invoice, as amended. The invoice was referred to the Senate Public Well being and Welfare Committee on March 23. 
HB 2734 would amend licensure necessities for sure professions licensed by the Behavioral Sciences Regulatory Board (BSRB). The invoice would add to the listing of necessities for licensure as a specialist medical social employee an allowance for candidates who full extra postgraduate supervised expertise as decided by the Board in lieu of finishing a graduate-level supervised medical practicum as required by legislation. The invoice additionally would enable a grasp social employee, specialist medical social employee, skilled counselor, medical skilled counselor, marriage and household therapist, medical marriage and household therapist, grasp’s stage psychologist, medical psychotherapist, or psychologist at present licensed in Kansas to be eligible to take a Board-approved examination for licensure as an dependancy counselor. The invoice was handed by the Home on March 21 and referred to the Senate Public Well being and Welfare Committee on March 23.
The Kansas Well being Institute helps efficient policymaking by means of nonpartisan analysis, training and engagement. KHI believes evidence-based info, goal evaluation and civil dialogue allow coverage leaders to be champions for a more healthy Kansas. Established in 1995 with a multiyear grant from the Kansas Well being Basis, KHI is a nonprofit, nonpartisan academic group based mostly in Topeka.
&copy 2022 Kansas Well being Institute. All rights reserved.

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