KS
Kansas Senate Bill SB228

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB228 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 Session of 2025
22 SENATE BILL No. 228
33 By Committee on Ways and Means
44 2-6
55 AN ACT concerning health and healthcare; relating to the Kansas
66 department for aging and disability services; providing for the
77 regulation of supplemental nursing services agencies and healthcare
88 worker platforms thereby; creating the supplemental nursing services
99 agency and healthcare worker platforms regulation fund.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. As used in sections 1 through 4, and amendments thereto:
1212 (a) "Controlling person" means:
1313 (1) A business entity, officer, program administrator or director whose
1414 responsibilities include the direction of the management or policies of a
1515 supplemental nursing services agency; or
1616 (2) a person who, directly or indirectly, beneficially owns an interest
1717 in a corporation, partnership or other business association described in
1818 paragraph (1).
1919 (b) "Healthcare facility" includes any:
2020 (1) Medical care facility, as defined in K.S.A. 65-425, and
2121 amendments thereto; or
2222 (2) adult care home, as defined in K.S.A. 39-923, and amendments
2323 thereto.
2424 (c) "Hospital long-term care unit" means a nursing facility, as defined
2525 in K.S.A. 39-923, and amendments thereto, that is owned and operated by
2626 and a part of a hospital, as defined in K.S.A. 65-425, and amendments
2727 thereto.
2828 (d) "Healthcare personnel" means any individual licensed, registered,
2929 certified or credentialed by the state of Kansas to perform specified health
3030 services acting within the scope of practice as required by law.
3131 (e) "Person" means any natural or artificial person, including, but not
3232 limited to, individuals, corporations, partnerships or other business
3333 associations.
3434 (f) "Secretary" means the secretary for aging and disability services.
3535 (g) (1) "Supplemental nursing services agency" means a person
3636 engaged for hire in the business of providing or procuring temporary
3737 employment of healthcare personnel in healthcare facilities.
3838 (2) "Supplemental nursing services agency" does not include any
3939 individual who only engages in providing such individual's services on a
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 SB 228 2
7676 temporary basis to healthcare facilities.
7777 (h) "Healthcare worker platform" means an individual, corporation,
7878 partnership or other business association that operates an electronic
7979 platform, system or application on which healthcare personnel who are
8080 independent contractors may be listed as available to serve as a temporary
8181 healthcare personnel in healthcare facilities.
8282 Sec. 2. (a) The secretary shall adopt rules and regulations as
8383 necessary to implement the provisions of sections 1 through 4, and
8484 amendments thereto.
8585 (b) The secretary shall be responsible for the oversight of
8686 supplemental nursing services agencies and healthcare worker platforms
8787 through unannounced surveys, complaint investigations and other actions
8888 necessary to ensure compliance with sections 1 through 4, and
8989 amendments thereto.
9090 (c) The secretary shall establish a system for the reporting of
9191 complaints against supplemental nursing services agencies, healthcare
9292 personnel employed by supplemental nursing services agencies, healthcare
9393 worker platforms and independent contractors serving as temporary
9494 healthcare personnel. Complaints may be made by any member of the
9595 public.
9696 Sec. 3. (a) A person who operates a supplemental nursing services
9797 agency or healthcare worker platform shall register annually with the
9898 secretary. If such supplemental nursing services agency has more than one
9999 business location in Kansas, each such location shall be individually
100100 registered with the secretary.
101101 (b) The secretary shall establish forms and procedures for processing
102102 each supplemental nursing services agency and healthcare worker platform
103103 registration application. An application for a supplemental nursing services
104104 agency and healthcare worker platform registration shall include, but not
105105 be limited to:
106106 (1) The names and addresses of the owner or owners of the
107107 supplemental nursing services agency or healthcare worker platform;
108108 (2) if the owner is a corporation, copies of the corporation's articles of
109109 incorporation and current bylaws, together with the names and addresses
110110 of the corporation's officers and directors;
111111 (3) satisfactory proof of compliance with section 4(a)(1)(E) through
112112 (G), and amendments thereto;
113113 (4) any other relevant information that the secretary determines is
114114 necessary to properly evaluate an application for registration;
115115 (5) a policy and procedure that describes how the supplemental
116116 nursing services agency's or healthcare worker platform's records will be
117117 immediately available at all times to the secretary; and
118118 (6) a registration fee of $2,035.
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 SB 228 3
162162 (c) If a supplemental nursing services agency or healthcare worker
163163 platform fails to provide the information required by this section to the
164164 secretary, the secretary shall immediately deny the supplemental nursing
165165 services agency's or healthcare worker platform's registration. The
166166 supplemental nursing services agency or healthcare worker platform may
167167 appeal the secretary's findings in accordance with the provisions of the
168168 Kansas administrative procedure act, K.S.A. 77-501 et seq., and
169169 amendments thereto, except that the hearing shall be conducted by an
170170 administrative law judge within 60 calendar days after the secretary
171171 receives any such request for a hearing.
172172 (d) A registration issued by the secretary according to this section is
173173 effective for a period of one year from the date of issuance unless the
174174 registration is revoked under section 4, and amendments thereto, or unless
175175 the supplemental nursing services agency or healthcare worker platform is
176176 sold, or ownership or management of the agency or platform is transferred.
177177 If a supplemental nursing services agency or healthcare worker platform is
178178 sold, or ownership or management of the agency or platform is transferred,
179179 the registration of the agency or platform shall be voided and the new
180180 owner or operator may apply for a new registration.
181181 (e) There is hereby created in the state treasury the supplemental
182182 nursing services agency and healthcare worker platform regulation fund.
183183 The fund shall be administered by the secretary. All expenditures from the
184184 supplemental nursing services agency and healthcare worker platform
185185 regulation fund shall be made in accordance with appropriation acts upon
186186 warrants of the director of accounts and reports issued pursuant to
187187 vouchers signed by the secretary or the secretary's designee.
188188 (f) The secretary shall remit all moneys received from fees collected
189189 under this section to the state treasurer in accordance with the provisions
190190 of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
191191 remittance, the state treasurer shall deposit the entire amount in the state
192192 treasury to the credit of the supplemental nursing services agency and
193193 healthcare worker platform regulation fund.
194194 Sec. 4. (a) (1) The secretary shall require, as a condition of
195195 registration, that the supplemental nursing services agency and healthcare
196196 worker platform shall:
197197 (A) Document that each temporary healthcare personnel or
198198 independent contractor provided to healthcare facilities currently meets the
199199 minimum licensing, training and continuing education standards for the
200200 position in which the healthcare personnel or independent contractor will
201201 be working;
202202 (B) comply with all applicable legal requirements relating to the
203203 qualifications of healthcare personnel or independent contractors who
204204 work in the healthcare facility, including the performance of criminal
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 SB 228 4
248248 history record checks in accordance with K.S.A. 39-970, and amendments
249249 thereto;
250250 (C) not restrict, in any manner, the employment opportunities of its
251251 healthcare personnel or independent contractors;
252252 (D) carry medical malpractice insurance coverage for the loss,
253253 damage or expense incident to a claim arising out of the death or injury of
254254 any person as the result of negligence or malpractice in the provision of
255255 healthcare services by the supplemental nursing services agency, any
256256 healthcare personnel employed by the agency, the healthcare worker
257257 platform or any independent contractor;
258258 (E) carry a fidelity bond or fidelity insurance in the amount of at least
259259 $10,000;
260260 (F) maintain insurance coverage for workers compensation for all
261261 healthcare personnel and independent contractors provided or procured by
262262 the agency or platform;
263263 (G) for supplemental nursing services agencies, comply with the
264264 applicable requirements of the Kansas withholding and declaration of
265265 estimated tax act, K.S.A. 79-3294 et seq., and amendments thereto;
266266 (H) for healthcare worker platforms, provide the name and addresses
267267 of each independent contractor for whom income taxes will not be
268268 withheld;
269269 (I) in any contract with any healthcare personnel, independent
270270 contractor or healthcare facility, not require the payment of liquidated
271271 damages, employment fees or other compensation if any such healthcare
272272 personnel or independent contractor is hired as a permanent employee of a
273273 healthcare facility;
274274 (J) document that personnel provided to healthcare facilities are
275275 healthcare personnel of the agency or independent contractors;
276276 (K) retain all records for five calendar years and organize such
277277 records so that they can be made immediately available to the secretary
278278 upon request; and
279279 (L) submit a report to the secretary on a quarterly basis for each
280280 healthcare facility that participates in medicare or medicaid with which the
281281 supplemental nursing services agency or healthcare worker platform
282282 contracts, and such report shall include a detailed list of the average
283283 amount:
284284 (i) Charged to the healthcare facility for each individual agency
285285 healthcare personnel or independent contractor category; and
286286 (ii) paid by the agency to healthcare personnel and healthcare worker
287287 platforms to independent contractors in each individual agency worker
288288 category.
289289 (2) In order to retain registration, the supplemental nursing services
290290 agency or healthcare worker platform shall provide services to a healthcare
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 SB 228 5
334334 facility during the year preceding the supplemental nursing services
335335 agency's or healthcare worker platform's registration renewal date.
336336 (b) Failure to comply with this section shall subject the supplemental
337337 nursing services agency or healthcare worker platform to revocation or
338338 nonrenewal of its registration. A supplemental nursing services agency's or
339339 healthcare worker platform's registration or renewal registration
340340 application shall not be revoked or denied without a hearing held in
341341 accordance with the provisions of the Kansas administrative procedure act,
342342 K.S.A. 77-501 et seq., and amendments thereto, except that any such
343343 hearing shall be conducted by an administrative law judge within 60
344344 calendar days after the secretary receives a request for any such hearing.
345345 (c) Notwithstanding subsection (b), the secretary shall revoke the
346346 registration of any supplemental nursing services agency or healthcare
347347 worker platform that knowingly supplies to a healthcare facility any
348348 healthcare personnel or independent contractor with an illegally or
349349 fraudulently obtained or issued diploma, registration, license, certificate or
350350 background study. The secretary shall not be required to provide the
351351 agency or platform with an opportunity for a hearing described in
352352 subsection (b) prior to revoking the registration under this subsection. The
353353 secretary shall notify the supplemental nursing services agency or
354354 healthcare worker platform at least 15 calendar days in advance of the date
355355 of revocation.
356356 (d) (1) The controlling person of a supplemental nursing services
357357 agency or healthcare worker platform whose registration has not been
358358 renewed or has been revoked because of noncompliance with the
359359 provisions of sections 1 through 4, and amendments thereto, shall not be
360360 eligible to apply for or be granted a registration for five years following
361361 the effective date of such nonrenewal or revocation.
362362 (2) The secretary shall not issue or renew a registration to a
363363 supplemental nursing services agency or healthcare worker platform if the
364364 controlling person of such agency or platform includes any person or
365365 entity who was a controlling person of a supplemental nursing services
366366 agency or healthcare worker platform whose registration was not renewed
367367 or was revoked under this subsection for five years following the effective
368368 date of such nonrenewal or revocation.
369369 Sec. 5. This act shall take effect and be in force from and after its
370370 publication in the statute book.
371371 1
372372 2
373373 3
374374 4
375375 5
376376 6
377377 7
378378 8
379379 9
380380 10
381381 11
382382 12
383383 13
384384 14
385385 15
386386 16
387387 17
388388 18
389389 19
390390 20
391391 21
392392 22
393393 23
394394 24
395395 25
396396 26
397397 27
398398 28
399399 29
400400 30
401401 31
402402 32
403403 33
404404 34
405405 35
406406 36
407407 37