Session of 2025
HOUSE BILL No. 2310
By Committee on Commerce, Labor and Economic Development
Requested by Representative L. Williams
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AN ACT concerning individuals with developmental or intellectual
disabilities and direct support workers; enacting the career
advancement, resources, employment and supports for the disability
workforce act, providing for the development of career education
programs and other efforts by the secretary for aging and disability
services to encourage the growth of support for individuals with
disabilities as a profession; requiring the secretary to develop career
education and enhancement programs for such professionals;
mandating performance-based contracting for managed care
organizations and other disability services providers; providing for the
development of processes and procedures that facilitate choice by
individuals with disabilities of service providers and the nature of the
service; requiring rate parity across all state waiver programs; requiring
the secretary to develop and implement an online data portal system for
the management of waitlists and the provision of information to and
communication with individuals with disabilities on a waitlist or
receiving services through a waiver program administered by the
secretary; requiring the secretary of labor to initiate or enhance
classification of and information regarding the disability service
provider workforce and publish such information; providing that
certain direct support workers may be covered by the state health plan;
amending K.S.A. 75-6506 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Sections 1 through 8, and amendments thereto,
shall be known and may be cited as the career advancement, resources,
employment and supports for the disability workforce act or the Kansas
CARES act.
(b) This act shall be a part of and supplemental to K.S.A. 39-2001
through 39-2017, and amendments thereto.
New Sec. 2. For purposes of the career advancement, resources,
employment and supports for the disability workforce act:
(a) "Act" means the career advancement, resources, employment and
supports for the disability workforce act, sections 1 through 8, and
amendments thereto.
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(b) "Career ladder program" means a structured pathway that outlines
career progression and development opportunities for direct support
professionals, including training, certifications and promotions.
(c) "Credentialing body" means an authorized organization
responsible for certifying the training and skills of direct support
professionals.
(d) "Disability services provider" means a public or private agency or
organization or a subdivision or subunit of such agency or organization
that is a developmental or intellectual disability services provider that
provides one or more health, supportive, attendant care or other disability
services, in accordance with the rules and regulations adopted by the
secretary, for a fee by direct support professionals or personal care
attendants for individuals with developmental or intellectual disabilities.
(e) "Direct support professional" means an individual with credentials
as required by law that provides services to individuals with intellectual
and developmental disabilities to support such individuals to live
independently.
(f) "Direct support worker" means an individual with credentials as
required by law that provides services in general to individuals with a
disability. A "direct support worker" includes a "direct support
professional."
(g) "Participating employer" means any organization or entity
employing direct support professionals that opts into the career ladder
program.
(h) "Personal care attendant" means an individual who provides daily
living activity support to individuals with intellectual and developmental
disabilities.
(i) "Subunit" or "subdivision" means any organizational unit of a
larger organization that can be clearly defined as a separate entity within
the larger structure, meets all of the requirements of law, independent of
the larger organization, may be held accountable for the care of individuals
with developmental or intellectual disabilities that the organizational unit
is serving and provides to such individuals care and services meeting the
standards and requirements of law.
New Sec. 3. (a) The department, in partnership with the Kansas state
department of education, shall pursue the development and support of
career education programs in Kansas that inform high school and
community college students about careers as direct support professionals
and community or technical college programs that prepare students for
such careers.
(b) In fulfilling this directive, the department shall:
(1) Seek the assistance and cooperation of the midwestern higher
education compact;
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(2) identify and obtain information and guidance from successful
programs in Kansas and other states;
(3) review similar successful programs in Kansas public schools and
community or technical colleges, including, but not limited to, programs
that develop careers as certified nursing assistants or in the field of
emergency medical services; and
(4) engage with Kansas providers that have experience in such
programs and high school or community college students to identify best
practices, successes, challenges and next steps to develop and expand a
successful program.
(c) The department shall adopt the e-badge academy program of the
national alliance for direct support professionals or a substantially similar
career development and professional certification program for applicable
department employees and contractors by December 31, 2025. The
department shall encourage and support participation in such e-badge
academy program or substantially similar career development and
professional certification programs in this state.
New Sec. 4. (a) In cooperation with the secretary of administration,
the secretary shall adopt a performance-based contract program whereby
the department shall measure and improve care management quality by
including contract quality terms in contracts with managed care
organizations and other contractors and shall withhold a portion of state
payments to such contractors for release when such contract quality terms
are met.
(b) The secretary shall develop and require such contract quality
terms to achieve identified and measurable goals, including, but not
limited to:
(1) Identification and pursuit of opportunities to decrease unnecessary
service utilization, including, but not limited to, use of hospital emergency
departments with a focus on such use by individuals with behavioral health
needs and low-income children;
(2) reduction of preventable admissions and 30-day hospital
readmissions for all causes;
(3) improvement of the timeliness of prenatal care and other efforts
that support the reduction of births of babies affected by prenatal drug or
fetal alcohol exposure, including, but not limited to, neonatal abstinence
syndrome;
(4) improvement of integration of physical and behavioral health,
including, but not limited to, increasing the timeliness of follow-up care
after a mental illness or substance use disorder admission;
(5) improvement of management and effectiveness of pharmacy
utilization, including, but not limited to, use of incentive arrangements
with participating providers;
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(6) enhancement of access to and effectiveness of substance abuse
treatment;
(7) identification of social determinants of health and development
and implementation of methods to utilize such information to improve
health;
(8) implementation of methods to better address the needs of patients
that are boarded in hospital emergency departments and waiting for
placements or services and the reduction of such boarding;
(9) identification, development and implementation of means to
address emerging public health trends determined to be a priority by the
department; and
(10) development of a required standard for completion of specified
advanced training by one or more disability service workers employed by
the contractor.
(c) In connection with the performance-based contract program, the
secretary shall require managed care organizations and other large
providers or provider systems, as determined and identified by the
secretary, to adopt a total cost of care model with shared savings to the
maximum extent feasible. Such total cost of care model shall include
quality thresholds or benchmarks as required by subsections (a) and (b).
When developing the performance-based contract program for small
providers, as determined and identified by the secretary, the secretary shall
take into consideration the capacity of the provider, incorporating
collaborative care models, pay-for-performance bonus incentives or per-
member-per-month payments related to such a provider's success in
meeting actuarially relevant cost and quality targets.
New Sec. 5. (a) On or before December 31, 2026, the secretary shall
develop and implement procedures and guidelines that permit individuals
with intellectual and developmental disabilities greater choice when
receiving supports and services through waiver programs administered by
the secretary. The secretary shall develop and implement these procedures
and guidelines with the goal of increasing flexibility for waiver
participants to select personalized services and supports, including the
selection of the provider of such services and the manner by which such
services are provided. Such procedures and guidelines shall be developed
to allow waiver participants to take responsibility for managing all aspects
of service delivery in the supports and services planning process.
(b) Subject to appropriations on or before December 31, 2026, the
secretary shall achieve rate parity across all state waiver programs
administered by the secretary. Thereafter, the secretary shall require that an
increase in the rate for one waiver program is matched with an equivalent
increase in rates in all other waiver programs.
(c) On or before December 31, 2025, the secretary shall establish a
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statewide registry for direct support workers for the purpose of ensuring
that individuals with intellectual and developmental disabilities receiving
medicaid-covered home and community-based services have awareness of
and access to qualified direct support workers that deliver such services.
The secretary shall require registration of business contact information and
services provided by direct support workers engaged in programs
administered by the secretary or employees of managed care organizations
or other contractors. No personal identification information shall be
required. The secretary shall publish the registry on the department's
website for access by the public. The registry shall be consistent with
relevant recommendations of the federal centers for medicare and
medicaid services for such a registry.
New Sec. 6. On or before October 1, 2025, the secretary of labor, in
cooperation with the secretary for aging and disability services, shall
initiate or expand tracking of labor statistics and information for direct
support professionals and personal care attendants, including, but not
limited to, currently open positions, the near-term, medium-term and long-
term anticipated need for such workers and the number of qualified
workers in this state available to meet such labor needs. As necessary, the
secretary of labor shall adopt occupational codes for direct support
professionals and personal care attendants. The secretary of labor shall
publish such information in the manner that other department of labor
statistics are published and shall also provide such information to the
secretary for aging and disability services upon request by the secretary
and at least annually.
New Sec. 7. (a) (1) Subject to appropriations therefor, the secretary
shall cause to be developed and implemented and shall administer a new
online data portal system on the website of the department that shall
support waiting list management for agency staff and provide waitlist and
waiver program information to individuals with disabilities who are on the
intellectual and developmental disability and physical disability waiver
waitlists. The system shall enable and facilitate communication between
the department and individuals on a waiver waitlist and their families as to
the health, disability service or support needs of such individuals. The
system shall have the capability of monitoring performance and staffing
across all waiver programs administered by the secretary. The system shall
be developed and implemented on or before December 31, 2026, or as
soon thereafter as appropriations permit. The secretary shall make
quarterly reports to the legislature on the progress of development and
implementation of the system, including, but not limited to, progress made
in engaging a contractor or acquiring additional staff and progress by the
contractor or inhouse personnel in developing and implementing the
system.
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(2) The online data portal system shall provide public access on the
department's website to nonconfidential information regarding the waiver
waitlists and waiver programs while securing and ensuring confidential
data integrity and shall be integrated and interoperable with other data or
systems that are part of the home and community-based services waiver
program and other waiver programs administered by the secretary. The
system shall support the generation of waiting list reports and ensure
compliance with the federal medicaid access rule. The system shall
provide the capability of accessing data by geographical regions and
demographics.
(b) (1) The online data portal system shall enable:
(A) Families and individuals to securely access current information
about their position on the intellectual and developmental disability or
physical disability waiver waitlist;
(B) users to confirm the accuracy of their personal and waiver
application information and make necessary updates, thereby reducing
errors and ensuring efficient processing;
(C) users to directly submit questions about required documentation
and waiver eligibility through the portal;
(D) the reduction of errors and enhancement of efficiency in
processing applications and other documents and facilitation of timely
responses by department staff to user questions; and
(E) communication between department staff and individuals with
disabilities and their families on waitlists or participating in waiver
programs regarding health or disability service or support needs of such
individuals.
(2) The secretary shall ensure the online data portal system meets the
following requirements. The system shall:
(A) Accommodate diverse communication capabilities and
preferences between department staff and individuals with disabilities and
their families to ensure accessibility, including options for encrypted
email, secure text messaging and phone call notifications. Families and
individuals on the waitlist or on a waiver shall be able to select their
preferred method of communication to receive updates and
correspondence from the department and make requests, seek assistance,
ask questions or provide information to the department;
(B) comply with state and federal data privacy regulations and
incorporate robust encryption and authentication methods to protect
sensitive or confidential information;
(C) include educational resources, FAQs and guidance documents to
assist families and individuals in navigating the waiver process and
understanding their rights and responsibilities; and
(D) provide automated notifications to inform families and
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individuals of any changes to their waitlist status or additional information
or action needed by the department and other measures to enhance
transparent and proactive communications.
Sec. 8. K.S.A. 75-6506 is hereby amended to read as follows: 75-
6506. (a) The participation of a person qualified to participate in the state
health care healthcare benefits program shall be voluntary, and the cost of
the state health care healthcare benefits program for such person shall be
established by the Kansas state employees health care healthcare
commission.
(b) Periodic deductions from state payrolls may be made in
accordance with procedures prescribed by the secretary of administration
to cover the costs of the state health care healthcare benefits program
payable by persons who are on the state payroll when authorized by such
persons. Any such periodic payroll deductions in effect on an
implementation date for biweekly payroll periods shall be collected in the
manner prescribed by the secretary of administration.
(c) In the event that the Kansas state employees health care
healthcare commission designates by rules and regulations a group of
persons on the payroll of a county, township, city, special district or other
local governmental entity, public school district, licensed child care facility
operated by a not-for-profit corporation providing residential group foster
care for children and receiving reimbursement for all or part of such care
from the Kansas department for children and families, nonprofit
community mental health center, as provided in K.S.A. 19-4001 et seq.,
and amendments thereto, nonprofit community facility for people with
intellectual disability, as provided in K.S.A. 19-4001 et seq., and
amendments thereto, or nonprofit independent living agency, as defined in
K.S.A. 65-5101, and amendments thereto, or disability services provider,
as defined in section 2, and amendments thereto, as qualified to participate
in the state health care healthcare benefits program, periodic deductions
from payrolls of the local governmental entity, public school district,
licensed child care facility operated by a not-for-profit corporation
providing residential group foster care for children and receiving
reimbursement for all or part of such care from the Kansas department for
children and families, nonprofit community mental health center, as
provided in K.S.A. 19-4001 et seq., and amendments thereto, nonprofit
community facility for people with intellectual disability, as provided in
K.S.A. 19-4001 et seq., and amendments thereto, or nonprofit independent
living agency, as defined in K.S.A. 65-5101, and amendments thereto, or
disability services provider, as defined in section 2, and amendments
thereto, may be made to cover the costs of the state health care healthcare
benefits program payable by such persons when authorized by such
persons. All such moneys deducted from payrolls shall be remitted to the
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Kansas state employees health care commission in accordance with the
directions of the commission.
(d) Whenever the Kansas state employees health care commission
designates any entity listed in subsection (c) as qualified to participate in
the state health care healthcare benefits program, such entity's
participation shall be conditioned upon the following:
(1) At least 70% of such entity's employees shall participate in the
state health care healthcare plan;
(2) except as provided by paragraph (6) of this subsection, the rate of
the premium paid by the entity as the employer's share of the total amount
of premium paid shall be at least equal to the rate paid by the state of
Kansas for its employees;
(3) the entity shall not create, maintain or permit any exemption from
participation in the state health care healthcare plan for such entity's
employees;
(4) the rate charged to such entity shall be sufficient to pay for any
administrative or underwriting costs incurred by the state employees health
care commission;
(5) the rate charged to such entity shall not increase the rate of
premium paid by the state of Kansas for its employees;
(6) the entity shall elect to participate for a minimum of three
consecutive years in the state health care healthcare benefits program; and
(7) the commission may authorize an entity to pay less than the state
rate for the employee coverage for no more than three years and no more
than five years for dependent coverage on the condition that the entity
elects to participate for at least three consecutive years after first paying
the state rate for employee coverage.
Sec. 9. K.S.A. 75-6506 is hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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