SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2335
As Amended by Senate Committee on Public
Health and Welfare
Brief*
HB 2335, as amended, would amend the Health Care
Provider Insurance Availability Act to add certain maternity
centers to the definition of “health care provider.”
The bill would require a maternity center participating in
the Health Care Stabilization Fund (HCSF) (professional
liability coverage) to have accreditation by the Commission
for the Accreditation of Birth Centers and meet the licensure
definition for maternity center (KSA 65-503). [Note: Under this
licensure definition, a “maternity center” is a facility that
provides delivery services for normal, uncomplicated
pregnancies but does not include a medical care facility, as
defined by KSA 65-425.]
The bill would also make technical amendments to
reorganize provisions listing professionals and facilities
subject to the requirement of participation in the HCSF.
The bill would be in effect upon publication in the
Kansas Register.
Background
The bill was introduced by the House Committee on
Insurance at the request of Representative Proctor.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
https://klrd.gov/ House Committee on Insurance
In the House Committee hearing, proponent testimony
was provided by a representative of the now-closed New
Birth Company. The proponent indicated health care and
hospitals are consolidating to fewer locations, causing
communities to have fewer resources to deliver babies. The
proponent explained maternity centers are a low-cost
alternative for low-risk pregnancies. Additionally, the conferee
spoke to the challenges in securing affordable malpractice
insurance and indicated the bill would provide vital access to
a birth-affirming facility service for KanCare members and
Kansas families.
Written-only neutral testimony was provided by a
representative of the HCSF Board of Governors, who
indicated that current law allows maternity centers organized
as professional corporations to be included as defined health
care providers. The bill would provide an additional avenue
for a maternity center that is not organized as a professional
corporation.
No other testimony was provided.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, proponent testimony
was provided by a representative of the now-closed New
Birth Company that was substantially similar to the testimony
provided in the House Committee hearing.
Written-only proponent testimony was provided by a
representative of CABE Consulting, LLC.
Written-only neutral testimony was provided by a
representative of the HCSF Board of Governors that was
substantially similar to the testimony provided in the House
Committee hearing.
2- 2335 No other testimony was provided.
The Senate Committee amended the bill to change the
effective date to upon publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the HCSF, Kansas
Insurance Department, and Kansas Department of Health
and Environment state that enactment of the bill would have
no fiscal effect.
Health Care Provider Insurance Availability Act; defined health care providers;
professional liability insurance; maternity centers; Health Care Stabilization Fund
3- 2335