Session of 2025
HOUSE BILL No. 2184
By Committee on Social Services Budget
Requested by Representative King on behalf of LeadingAge Kansas
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AN ACT concerning health and healthcare; relating to the Kansas
department for aging and disability services; providing for the
regulation of supplemental nursing services agencies and healthcare
worker platforms thereby; creating the supplemental nursing services
agency and healthcare worker platforms regulation fund.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in sections 1 through 4, and amendments thereto:
(a) "Controlling person" means:
(1) A business entity, officer, program administrator or director whose
responsibilities include the direction of the management or policies of a
supplemental nursing services agency; or
(2) a person who, directly or indirectly, beneficially owns an interest
in a corporation, partnership or other business association described in
paragraph (1).
(b) "Healthcare facility" includes any:
(1) Medical care facility, as defined in K.S.A. 65-425, and
amendments thereto; or
(2) adult care home, as defined in K.S.A. 39-923, and amendments
thereto.
(c) "Hospital long-term care unit" means a nursing facility, as defined
in K.S.A. 39-923, and amendments thereto, that is owned and operated by
and a part of a hospital, as defined in K.S.A. 65-425, and amendments
thereto.
(d) "Healthcare personnel" means any individual licensed, registered,
certified or credentialed by the state of Kansas to perform specified health
services acting within the scope of practice as required by law.
(e) "Person" means any natural or artificial person, including, but not
limited to, individuals, corporations, partnerships or other business
associations.
(f) "Secretary" means the secretary for aging and disability services.
(g) (1) "Supplemental nursing services agency" means a person
engaged for hire in the business of providing or procuring temporary
employment of healthcare personnel in healthcare facilities.
(2) "Supplemental nursing services agency" does not include any
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individual who only engages in providing such individual's services on a
temporary basis to healthcare facilities.
(h) "Healthcare worker platform" means an individual, corporation,
partnership or other business association that operates an electronic
platform, system or application on which healthcare personnel who are
independent contractors may be listed as available to serve as a temporary
healthcare personnel in healthcare facilities.
Sec. 2. (a) The secretary shall adopt rules and regulations as
necessary to implement the provisions of sections 1 through 4, and
amendments thereto.
(b) The secretary shall be responsible for the oversight of
supplemental nursing services agencies and healthcare worker platforms
through unannounced surveys, complaint investigations and other actions
necessary to ensure compliance with sections 1 through 4, and
amendments thereto.
(c) The secretary shall establish a system for the reporting of
complaints against supplemental nursing services agencies, healthcare
personnel employed by supplemental nursing services agencies, healthcare
worker platforms and independent contractors serving as temporary
healthcare personnel. Complaints may be made by any member of the
public.
Sec. 3. (a) A person who operates a supplemental nursing services
agency or healthcare worker platform shall register annually with the
secretary. If such supplemental nursing services agency has more than one
business location in Kansas, each such location shall be individually
registered with the secretary.
(b) (1) The secretary shall establish forms and procedures for
processing each supplemental nursing services agency and healthcare
worker platform registration application. An application for a supplemental
nursing services agency and healthcare worker platform registration shall
include, but not be limited to:
(A) The names and addresses of the owner or owners of the
supplemental nursing services agency or healthcare worker platform;
(B) if the owner is a corporation, copies of the corporation's articles
of incorporation and current bylaws, together with the names and
addresses of the corporation's officers and directors;
(C) satisfactory proof of compliance with section 4(a)(1)(E) through
(G), and amendments thereto;
(D) any other relevant information that the secretary determines is
necessary to properly evaluate an application for registration;
(E) a policy and procedure that describes how the supplemental
nursing services agency's or healthcare worker platform's records will be
immediately available at all times to the secretary; and
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(F) a registration fee of $2,035.
(c) If a supplemental nursing services agency or healthcare worker
platform fails to provide the information required by this section to the
secretary, the secretary shall immediately deny the supplemental nursing
services agency's or healthcare worker platform's registration. The
supplemental nursing services agency or healthcare worker platform may
appeal the secretary's findings in accordance with the provisions of the
Kansas administrative procedure act, K.S.A. 77-501 et seq., and
amendments thereto, except that the hearing shall be conducted by an
administrative law judge within 60 calendar days after the secretary
receives any such request for a hearing.
(d) A registration issued by the secretary according to this section is
effective for a period of one year from the date of issuance unless the
registration is revoked under section 4, and amendments thereto, or unless
the supplemental nursing services agency or healthcare worker platform is
sold, or ownership or management of the agency or platform is transferred.
If a supplemental nursing services agency or healthcare worker platform is
sold, or ownership or management of the agency or platform is transferred,
the registration of the agency or platform shall be voided and the new
owner or operator may apply for a new registration.
(e) There is hereby created in the state treasury the supplemental
nursing services agency and healthcare worker platform regulation fund.
The fund shall be administered by the secretary. All expenditures from the
supplemental nursing services agency and healthcare worker platform
regulation fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers signed by the secretary or the secretary's designee.
(f) The secretary shall remit all moneys received from fees collected
under this section to the state treasurer in accordance with the provisions
of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the supplemental nursing services agency and
healthcare worker platform regulation fund.
Sec. 4. (a) (1) The secretary shall require, as a condition of
registration, that the supplemental nursing services agency and healthcare
worker platform shall:
(A) Document that each temporary healthcare personnel or
independent contractor provided to healthcare facilities currently meets the
minimum licensing, training and continuing education standards for the
position in which the healthcare personnel or independent contractor will
be working;
(B) comply with all applicable legal requirements relating to the
qualifications of healthcare personnel or independent contractors who
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work in the healthcare facility, including the performance of criminal
history record checks in accordance with K.S.A. 39-970, and amendments
thereto;
(C) not restrict, in any manner, the employment opportunities of its
healthcare personnel or independent contractors;
(D) carry medical malpractice insurance coverage for the loss,
damage or expense incident to a claim arising out of the death or injury of
any person as the result of negligence or malpractice in the provision of
healthcare services by the supplemental nursing services agency, any
healthcare personnel employed by the agency, the healthcare worker
platform or any independent contractor;
(E) carry a fidelity bond or fidelity insurance in the amount of at least
$10,000;
(F) maintain insurance coverage for workers compensation for all
healthcare personnel and independent contractors provided or procured by
the agency or platform;
(G) for supplemental nursing services agencies, comply with the
applicable requirements of the Kansas withholding and declaration of
estimated tax act, K.S.A. 79-3294 et seq., and amendments thereto;
(H) for healthcare worker platforms, provide the name and addresses
of each independent contractor for whom income taxes will not be
withheld;
(I) in any contract with any healthcare personnel, independent
contractor or healthcare facility, not require the payment of liquidated
damages, employment fees or other compensation if any such healthcare
personnel or independent contractor is hired as a permanent employee of a
healthcare facility;
(J) document that personnel provided to healthcare facilities are
healthcare personnel of the agency or independent contractors;
(K) retain all records for five calendar years and organize such
records so that they can be made immediately available to the secretary
upon request; and
(L) submit a report to the secretary on a quarterly basis for each
healthcare facility that participates in medicare or medicaid with which the
supplemental nursing services agency or healthcare worker platform
contracts, and such report shall include a detailed list of the average
amount:
(i) Charged to the healthcare facility for each individual agency
healthcare personnel or independent contractor category; and
(ii) paid by the agency to healthcare personnel and healthcare worker
platforms to independent contractors in each individual agency worker
category.
(2) In order to retain registration, the supplemental nursing services
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agency or healthcare worker platform shall provide services to a healthcare
facility during the year preceding the supplemental nursing services
agency's or healthcare worker platform's registration renewal date.
(b) Failure to comply with this section shall subject the supplemental
nursing services agency or healthcare worker platform to revocation or
nonrenewal of its registration. A supplemental nursing services agency's or
healthcare worker platform's registration or renewal registration
application shall not be revoked or denied without a hearing held in
accordance with the provisions of the Kansas administrative procedure act,
K.S.A. 77-501 et seq., and amendments thereto, except that any such
hearing shall be conducted by an administrative law judge within 60
calendar days after the secretary receives a request for any such hearing.
(c) Notwithstanding subsection (b), the secretary shall revoke the
registration of any supplemental nursing services agency or healthcare
worker platform that knowingly supplies to a healthcare facility any
healthcare personnel or independent contractor with an illegally or
fraudulently obtained or issued diploma, registration, license, certificate or
background study. The secretary shall not be required to provide the
agency or platform with an opportunity for a hearing described in
subsection (b) prior to revoking the registration under this subsection. The
secretary shall notify the supplemental nursing services agency or
healthcare worker platform at least 15 calendar days in advance of the date
of revocation.
(d) (1) The controlling person of a supplemental nursing services
agency or healthcare worker platform whose registration has not been
renewed or has been revoked because of noncompliance with the
provisions of sections 1 through 4, and amendments thereto, shall not be
eligible to apply for or be granted a registration for five years following
the effective date of such nonrenewal or revocation.
(2) The secretary shall not issue or renew a registration to a
supplemental nursing services agency or healthcare worker platform if the
controlling person of such agency or platform includes any person or
entity who was a controlling person of a supplemental nursing services
agency or healthcare worker platform whose registration was not renewed
or was revoked under this subsection for five years following the effective
date of such nonrenewal or revocation.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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