Session of 2025
HOUSE BILL No. 2039
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of Fox Rehabilitation
1-21
AN ACT concerning healthcare; relating to the Kansas credentialing act;
amending definitions to provide that certain entities providing physical
therapy, occupational therapy and speech-language pathology are not
home health agencies; amending K.S.A. 65-5101 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-5101 is hereby amended to read as follows: 65-
5101. As used in this act, unless the context otherwise requires:
(a) "Attendant care services" means basic and ancillary services
provided under home and community based services waiver programs;
(b) "council" means the home health services advisory council
created by this act;
(c) (1) "home health agency" means a public or private agency or
organization or a subdivision or subunit of such agency or organization
that provides for a fee one or more: (A) Home health services,; (B)
supportive care services; or (C) attendant care services provided under
home and community based services waiver programs at the residence of a
patient but; and
(2) "home health agency" does not include: (A) Local health
departments which that are not federally certified home health agencies,;
(B) durable medical equipment companies which that provide home health
services by use of specialized equipment,; (C) independent living
agencies,; (D) entities that are not reimbursed by medicare part A and
only provide services of persons licensed or certified under the physical
therapy practice act, persons licensed under the occupational therapy
practice act and persons licensed as speech-language pathologists; (E) the
Kansas department for aging and disability services; and (F) the
department of health and environment;
(d) "home health services" means any of the following services
provided at the current residence of the patient on a full-time, part-time or
intermittent basis: Nursing, physical therapy, speech therapy, nutritional or
dietetic consulting, occupational therapy, respiratory therapy, home health
aide or medical social service;
(e) "home health aide" means an employee of a home health agency
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 HB 2039 2
who is a certified nurse aide, is in good standing on the public nurse aide
registry maintained by the Kansas department for aging and disability
services and has completed a 20-hour home health aide course approved
by the Kansas department for aging and disability services who assists,
under registered nurse supervision, in the provision of home health
services and who provides assigned health care healthcare to patients but
shall. "Home health aide" does not include employees of a home health
agency providing only supportive care services or attendant care services;
(f) "independent living agency" means a public or private agency or
organization or a subunit of such agency or organization whose primary
function is to provide at least four independent living services, including
independent living skills training, advocacy, peer counseling and
information and referral as defined by the rehabilitation act of 1973, title
VII, part B, and such agency shall be recognized by the secretary for aging
and disability services as an independent living agency. Such agencies
include independent living centers and programs which that meet the
following quality assurances:
(1) Accreditation by a nationally recognized accrediting body such as
the commission on accreditation of rehabilitation facilities; or
(2) receipt of grants from the state or the federal government and
currently meets standards for independent living under the rehabilitation
act of 1973, title VII, part B, sections (a) through (k), or comparable
standards established by the state; or
(3) compliance with requirements established by the federal
government under rehabilitation services administration standards for
centers for independent living;
(g) "part-time or intermittent basis" means the providing of home
health services in an interrupted interval sequence on the average of not to
exceed three hours in any twenty-four-hour 24-hour period;
(h) "patient's residence" means the actual place of residence of the
person receiving home health services, including institutional residences as
well as individual dwelling units;
(i) "secretary" means secretary of health and environment;
(j) "subunit" or "subdivision" means any organizational unit of a
larger organization which that can be clearly defined as a separate entity
within the larger structure, which can meet all of the requirements of this
act independent of the larger organization, which can be held accountable
for the care of patients it is serving and which provides to all patients care
and services meeting the standards and requirements of this act;
(k) "supportive care services" means services that do not require
supervision by a healthcare professional, such as a physician assistant or
registered nurse, to provide assistance with activities of daily living that
the consumer could perform if such consumer were physically capable,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2039 3
including, but not limited to, bathing, dressing, eating, medication
reminders, transferring, walking, mobility, toileting and continence care,
provided in the consumer's temporary or permanent place of residence so
that the consumer can remain safely and comfortably in the consumer's
temporary or permanent place of residence. "Supportive care services"
does not include any home health services; and
(l) "supportive care worker" means an employee of a home health
agency who provides supportive care services.
Sec. 2. K.S.A. 65-5101 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11