Authorizing the Kansas department for aging and disability services to condition or restrict a disability service provider license, granting the secretary authority to grant regulation waivers unrelated to health and safety and authorizing correction orders and civil fines to be appealed to the secretary.
Impact
The changes proposed in HB2751 aim to strengthen oversight of disability service providers by enacting stricter standards for licensure. With the secretary able to waive certain requirements, the bill also introduces provisions that could allow for more flexibility in managing compliance issues without compromising health and safety. This approach is expected to enhance the overall quality of care delivered by these facilities but may raise concerns about the adequacy of oversight as waivers could be granted more freely.
Summary
House Bill 2751 is an act designed to update and amend the regulations surrounding the licensure of providers of disability services in Kansas. Specifically, the bill grants the Kansas Department for Aging and Disability Services the authority to condition or restrict the licenses of these providers. This includes the ability for the department to issue correction orders and civil fines, and to appeal these orders to the secretary, thereby ensuring compliance with health and safety standards.
Approval
On February 22, 2024, HB2751 passed with a strong majority in the House, registering 111 votes in favor and only 9 against. The legislative support indicates a recognition of the need for modernized frameworks that better align with the evolving nature of disability services in Kansas. The initial voting reflects a bipartisan agreement on the importance of adapting state laws to meet current health care challenges.
Contention
Notable points of contention surrounding HB2751 include the balance between regulatory flexibility and necessary oversight to protect vulnerable populations. Advocates for the bill argue that it will allow for more responsive regulatory practices that can adapt to specific circumstances affecting providers, thus fostering a healthier environment for service delivery. However, critics of the legislation worry that such flexibility might lead to lapses in supervision and potentially dangerous outcomes for individuals relying on these services.
Prohibiting the state fire marshal from wearing or operating a body camera during an on-site inspection at a licensed facility, transferring authority for certification of continuing care retirement communities to the Kansas department for aging and disability services, authorizing the secretary of aging and disability services to grant certain regulation waivers to providers of disability services, adding a definition of day service provider and providing for expanded certification of certified community behavioral health clinics after February 1, 2027.
Providing for the regulation of supplemental nursing services agencies and healthcare workers platforms by the secretary for aging and disability services.
Providing for the regulation of supplemental nursing services agencies and healthcare workers platforms by the secretary for aging and disability services.
Requiring the secretary for aging and disability services to grant physical environment waivers for certain rural emergency hospitals to provide skilled nursing facility care and establishing the south central regional mental health hospital.
Authorizing the secretary of administration on behalf of the Kansas department for aging and disability services to convey lands in Shawnee county to the Kansas commission on veterans affairs.
Enacting the career advancement, resources, employment and supports for the disability workforce act, providing for career education programs for students and career enhancement programs for professionals, requiring performance-based contracting for disability services providers, facilitating choice in services by individuals with disabilities, mandating rate parity across all state waiver programs, providing for an online data portal system for waitlist management and services-related communications, requiring the secretary of labor to publish information regarding the disability service provider workforce and providing that direct support workers may be covered by the state health plan.
Requiring the secretary for aging and disability services to grant physical environment waivers for certain rural emergency hospitals to provide skilled nursing facility care.
Authorizing the secretary of health and environment to license nuclear fusion systems, establishing such licensure fee and authorizing the secretary to impose late fees for any expired radiation protection and control license.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)