Kansas 2025-2026 Regular Session

Kansas Senate Bill SB257 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 257
3	3	By Committee on Ways and Means
4	4	2-10
5	5	AN ACT concerning health and healthcare; relating to health insurance
6	6	coverage; expanding medical assistance eligibility; enacting the
7	7	healthcare access for working Kansans (HAWK) act; directing the
8	8	department of health and environment to study certain medicaid
9	9	expansion topics; adding meeting days to the Robert G. (Bob) Bethell
10	10	joint committee on home and community based services and KanCare
11	11	oversight to monitor implementation of expanded medical assistance
12	12	eligibility; amending K.S.A. 39-7,160 and 40-3213 and repealing the
13	13	existing sections.
14	14	Be it enacted by the Legislature of the State of Kansas:
15	15	New Section 1. (a) Sections 1 through 11, and amendments thereto,
16	16	shall be known and may be cited as the healthcare access for working
17	17	Kansans (HAWK) act.
18	18	(b) The legislature expressly consents to expand eligibility for receipt
19	19	of benefits under the Kansas program of medical assistance, as required by
20	20	K.S.A. 39-709(e)(2), and amendments thereto, by the passage and
21	21	enactment of the act, subject to all requirements and limitations established
22	22	in the act.
23	23	(c) The secretary of health and environment shall adopt rules and
24	24	regulations as necessary to implement and administer the act.
25	25	(d) As used in sections 1 through 11, and amendments thereto, unless
26	26	otherwise specified:
27	27	(1) "138% of the federal poverty level," or words of like effect,
28	28	includes a 5% income disregard permitted under the federal patient
29	29	protection and affordable care act.
30	30	(2) "Act" means the healthcare access for working Kansans (HAWK)
31	31	act.
32	32	New Sec. 2. (a) The secretary of health and environment shall submit
33	33	to the United States centers for medicare and medicaid services any state
34	34	plan amendment, waiver request or other approval request necessary to
35	35	implement the act. At least 10 calendar days prior to submission of any
36	36	such approval request to the United States centers for medicare and
37	37	medicaid services, the secretary of health and environment shall submit
38	38	such approval request application to the state finance council.
39	39	(b) For purposes of eligibility determinations under the Kansas
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 SB 257 2
76	76	program of medical assistance on and after January 1, 2026, medical
77	77	assistance shall be granted to any adult under 65 years of age who is not
78	78	pregnant and whose income meets the limitation established in subsection
79	79	(c), as permitted under the provisions of 42 U.S.C. § 1396a, as it exists on
80	80	the effective date of the act, and subject to a 90% federal medical
81	81	assistance percentage and all requirements and limitations established in
82	82	the act.
83	83	(c) The secretary of health and environment shall submit to the
84	84	United States centers for medicare and medicaid services any approval
85	85	request necessary to provide medical assistance eligibility to individuals
86	86	described in subsection (b) whose modified adjusted gross income does
87	87	not exceed 138% of the federal poverty level.
88	88	New Sec. 3. (a) The secretary of health and environment shall require
89	89	each applicant for coverage under the act to provide employment
90	90	verification at the time of initial application or renewal application. Such
91	91	verification shall be a prerequisite for coverage under the act.
92	92	(b) "Employment verification" means documentation demonstrating
93	93	employment during the preceding 12 months that meets the eligibility
94	94	requirements of the act. "Employment verification" includes, but is not
95	95	limited to:
96	96	(1) Federal form W-2 wage and tax statement;
97	97	(2) a pay stub demonstrating gross income;
98	98	(3) employment records;
99	99	(4) federal form 1099 demonstrating payments for contract labor;
100	100	(5) compliance with the requirements of K.S.A. 39-709(b), and
101	101	amendments thereto; and
102	102	(6) any other documentation as determined by the secretary of health
103	103	and environment.
104	104	(c) The following individuals shall be exempt from the requirements
105	105	of this subsection:
106	106	(1) A full-time student enrolled in a postsecondary educational
107	107	institution or technical college, as defined by K.S.A. 74-3201b, and
108	108	amendments thereto, for each year the student is enrolled in such
109	109	educational setting;
110	110	(2) a parent or guardian of a dependent child under 18 years of age or
111	111	a parent or guardian of an incapacitated adult;
112	112	(3) an individual who is mentally or physically unfit for employment,
113	113	as defined by the secretary of health and environment, or has a pending
114	114	application for supplemental security income or social security disability
115	115	insurance;
116	116	(4) an individual who has a permanent partial disability, as such term
117	117	is used in K.S.A. 44-510e, and amendments thereto;
118	118	(5) an individual who is engaged in volunteer work for at least 20
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 SB 257 3
162	162	hours per week at a nonprofit organization, as such term is defined in
163	163	K.S.A. 17-1779, and amendments thereto;
164	164	(6) an individual experiencing homelessness, as such term is defined
165	165	in 42 U.S.C. § 11302, as in effect on the effective date of this act;
166	166	(7) an individual who served in the active military, naval, air or space
167	167	service and was discharged or released from such military service under
168	168	conditions other than dishonorable;
169	169	(8) an individual who is not more than 22 years of age and in the
170	170	custody of the secretary of children and families on the date that the
171	171	individual reached 18 years of age; and
172	172	(9) any individual who the secretary determines is experiencing
173	173	hardship.
174	174	New Sec. 4. (a) Except to the extent prohibited by 42 U.S.C. §
175	175	1396u-2(a)(2), as it exists on the effective date of this act, the secretary of
176	176	health and environment shall administer medical assistance benefits using
177	177	a managed care delivery system using organizations subject to assessment
178	178	of the privilege fee under K.S.A. 40-3213, and amendments thereto. If the
179	179	United States centers for medicare and medicaid services determines that
180	180	the assessment of a privilege fee provided in K.S.A. 40-3213, and
181	181	amendments thereto, is unlawful or otherwise invalid, then the secretary of
182	182	health and environment shall administer state medicaid services using a
183	183	managed care delivery system.
184	184	(b) In awarding a contract for an entity to administer state medicaid
185	185	services using a managed care delivery system, the secretary of health and
186	186	environment shall:
187	187	(1) Not provide favorable or unfavorable treatment in awarding a
188	188	contract based on an entity's for-profit or not-for-profit tax status;
189	189	(2) give preference in awarding a contract to an entity that provides
190	190	health insurance coverage plans on the health benefit exchange in Kansas
191	191	established under the federal patient protection and affordable care act; and
192	192	(3) require that any entity administering state medicaid services
193	193	provide tiered benefit plans with enhanced benefits for covered individuals
194	194	who demonstrate healthy behaviors, as determined by the secretary of
195	195	health and environment, to be implemented on or before July 1, 2027.
196	196	New Sec. 5. If the federal medical assistance percentage for coverage
197	197	of medical assistance participants described in section 1902(a)(10)(A)(i)
198	198	(VIII) of the federal social security act, 42 U.S.C. § 1396a, as it exists on
199	199	the effective date of this act, becomes lower than 90%, then the secretary
200	200	of health and environment shall terminate coverage under the act over a
201	201	12-month period, beginning on the first day that the federal medical
202	202	assistance percentage becomes lower than 90%. No individual shall be
203	203	newly enrolled for coverage under the act after such date.
204	204	New Sec. 6. (a) Section 5, and amendments thereto, shall be
205	205	1
206	206	2
207	207	3
208	208	4
209	209	5
210	210	6
211	211	7
212	212	8
213	213	9
214	214	10
215	215	11
216	216	12
217	217	13
218	218	14
219	219	15
220	220	16
221	221	17
222	222	18
223	223	19
224	224	20
225	225	21
226	226	22
227	227	23
228	228	24
229	229	25
230	230	26
231	231	27
232	232	28
233	233	29
234	234	30
235	235	31
236	236	32
237	237	33
238	238	34
239	239	35
240	240	36
241	241	37
242	242	38
243	243	39
244	244	40
245	245	41
246	246	42
247	247	43 SB 257 4
248	248	nonseverable from the remainder of the act. If the provisions of section 5,
249	249	and amendments thereto, are not approved by the United States centers for
250	250	medicare and medicaid services, then the act shall be null and void and
251	251	shall have no force and effect.
252	252	(b) A denial of federal approval or federal financial participation that
253	253	applies to any provision of the act not enumerated in subsection (a) shall
254	254	not prohibit the secretary of health and environment from implementing
255	255	any other provision of the act.
256	256	New Sec. 7. (a) On or before January 10, 2027, and on or before the
257	257	first day of the regular session of the legislature each year thereafter, the
258	258	secretary of health and environment shall prepare and deliver a report to
259	259	the legislature that summarizes the cost savings achieved by the state from
260	260	the movement of covered individuals from the KanCare program to
261	261	coverage under the act, including, but not limited to, the MediKan
262	262	program, the medically needy spend-down program and the breast and
263	263	cervical cancer program.
264	264	(b) State cost savings shall be determined by calculating the cost of
265	265	providing services to covered individuals in the KanCare program less the
266	266	cost of services provided to covered individuals under the act.
267	267	(c) If the secretary of health and environment implements other
268	268	initiatives using cost savings achieved through the implementation of the
269	269	act, the secretary shall include such initiatives as part of the report required
270	270	in subsection (a).
271	271	New Sec. 8. (a) The secretary of corrections and the secretary of
272	272	health and environment shall coordinate with a county sheriff or such
273	273	sheriff's deputy who requests assistance in facilitating medicaid coverage
274	274	for any individual committed to a county jail or correctional facility during
275	275	any time period that such individual is eligible for coverage under state or
276	276	federal law.
277	277	(b) If an individual is enrolled in medicaid when such individual is
278	278	committed to a county jail or correctional facility, such medicaid status
279	279	shall not be suspended or terminated based on such individual's
280	280	incarceration for a minimum of 30 days. After 30 days, medicaid coverage
281	281	may be suspended, but not terminated, up to the maximum amount of time
282	282	permitted by state and federal law.
283	283	(c) The secretary of health and environment shall coordinate with a
284	284	county sheriff or such sheriff's deputy and the department of corrections to
285	285	assist any individual who is committed to a county jail or correctional
286	286	facility in applying for medicaid coverage prior to such individual's release
287	287	from custody if such individual is likely to meet the requirements for
288	288	medicaid coverage to allow adequate time for medicaid coverage to begin
289	289	promptly upon release.
290	290	(d) The secretary of health and environment shall adopt any rules and
291	291	1
292	292	2
293	293	3
294	294	4
295	295	5
296	296	6
297	297	7
298	298	8
299	299	9
300	300	10
301	301	11
302	302	12
303	303	13
304	304	14
305	305	15
306	306	16
307	307	17
308	308	18
309	309	19
310	310	20
311	311	21
312	312	22
313	313	23
314	314	24
315	315	25
316	316	26
317	317	27
318	318	28
319	319	29
320	320	30
321	321	31
322	322	32
323	323	33
324	324	34
325	325	35
326	326	36
327	327	37
328	328	38
329	329	39
330	330	40
331	331	41
332	332	42
333	333	43 SB 257 5
334	334	regulations and supporting policies and procedures as necessary to
335	335	implement and administer this section prior to January 1, 2026.
336	336	New Sec. 9. On or before February 15, 2027, and on or before
337	337	February 15 of each year thereafter, the secretary of health and
338	338	environment shall present a report to the house of representatives standing
339	339	committee on appropriations and the senate standing committee on ways
340	340	and means that summarizes the costs of the act and the cost savings and
341	341	additional revenues generated during the preceding fiscal year.
342	342	New Sec. 10. (a) There is hereby established the rural health advisory
343	343	committee.
344	344	(b) The rural health advisory committee shall consist of 15 members
345	345	appointed by the governor. The membership shall be comprised of
346	346	individuals with a variety of backgrounds including medicine, education,
347	347	farming, finance, business and individuals representing community
348	348	interests in rural Kansas.
349	349	(c) The governor shall designate one of the appointed members to be
350	350	chairperson of the committee. The members of the advisory committee
351	351	shall select a vice chairperson from the membership of the advisory
352	352	committee.
353	353	(d) Upon first appointment, five of the members shall serve for a term
354	354	of one year, five of the members shall be appointed for a term of two years
355	355	and five of the members shall be appointed for term of three years, as
356	356	designated by the governor. The member designated as chairperson shall
357	357	serve for a term of three years. Subsequent appointees shall serve terms of
358	358	three years.
359	359	(e) (1) The advisory committee may meet at any time and at any
360	360	place within the state on the call of the chairperson. The advisory
361	361	committee shall meet regularly, but shall meet at least once every calendar
362	362	quarter.
363	363	(2) A quorum of the advisory committee shall be eight voting
364	364	members. All actions of the advisory committee shall be adopted by a
365	365	majority of those voting members present when there is a quorum.
366	366	(f) The advisory committee shall:
367	367	(1) Advise the governor and other state agencies on rural health
368	368	issues;
369	369	(2) recommend and evaluate mechanisms to encourage greater
370	370	cooperation between rural communities and rural health providers;
371	371	(3) recommend and evaluate approaches to rural health issues that are
372	372	sensitive to the needs of local communities;
373	373	(4) develop methods to identify individuals who are underserved by
374	374	the Kansas rural healthcare system; and
375	375	(5) beginning in 2026, provide an annual report to the governor
376	376	containing the advice, recommendations and conclusions of the advisory
377	377	1
378	378	2
379	379	3
380	380	4
381	381	5
382	382	6
383	383	7
384	384	8
385	385	9
386	386	10
387	387	11
388	388	12
389	389	13
390	390	14
391	391	15
392	392	16
393	393	17
394	394	18
395	395	19
396	396	20
397	397	21
398	398	22
399	399	23
400	400	24
401	401	25
402	402	26
403	403	27
404	404	28
405	405	29
406	406	30
407	407	31
408	408	32
409	409	33
410	410	34
411	411	35
412	412	36
413	413	37
414	414	38
415	415	39
416	416	40
417	417	41
418	418	42
419	419	43 SB 257 6
420	420	committee.
421	421	(g) The secretary of health and environment shall facilitate the work
422	422	of the committee by providing access to meeting space and other necessary
423	423	staff and office support. The secretary of health and environment may
424	424	adopt any rules and regulations and supporting policies and procedures
425	425	that are necessary to support the work of the advisory committee.
426	426	New Sec. 11. The healthcare access for working Kansans (HAWK)
427	427	act shall not provide coverage for abortion services, except in cases where
428	428	coverage is mandated by federal law and federal financial participation is
429	429	available.
430	430	Sec. 12. K.S.A. 39-7,160 is hereby amended to read as follows: 39-
431	431	7,160. (a) There is hereby established the Robert G. (Bob) Bethell joint
432	432	committee on home and community based services and KanCare
433	433	oversight. The joint committee shall review the number of individuals who
434	434	are transferred from state or private institutions and long-term care
435	435	facilities to the home and community based services and the associated
436	436	cost savings and other outcomes of the money-follows-the-person
437	437	program. The joint committee shall review the funding targets
438	438	recommended by the interim report submitted for the 2007 legislature by
439	439	the joint committee on legislative budget and use them as guidelines for
440	440	future funding planning and policy making. The joint committee shall have
441	441	oversight of savings resulting from the transfer of individuals from state or
442	442	private institutions to home and community based services. As used in
443	443	K.S.A. 39-7,159 through 39-7,162, and amendments thereto, "savings"
444	444	means the difference between the average cost of providing services for
445	445	individuals in an institutional setting and the cost of providing services in a
446	446	home and community based setting. The joint committee shall study and
447	447	determine the effectiveness of the program and cost-analysis of the state
448	448	institutions or long-term care facilities based on the success of the transfer
449	449	of individuals to home and community based services. The joint
450	450	committee shall consider the issues of whether sufficient funding is
451	451	provided for enhancement of wages and benefits of direct individual care
452	452	workers and their staff training and whether adequate progress is being
453	453	made to transfer individuals from the institutions and to move them from
454	454	the waiver waiting lists to receive home and community based services.
455	455	The joint committee shall review and ensure that any proceeds resulting
456	456	from the successful transfer be applied to the system of provision of
457	457	services for long-term care and home and community based services. The
458	458	joint committee shall monitor and study the implementation and operations
459	459	of the home and community based service programs, the children's health
460	460	insurance program, the program for the all-inclusive care of the elderly
461	461	and the state medicaid programs including, but not limited to, access to
462	462	and quality of services provided and any financial information and
463	463	1
464	464	2
465	465	3
466	466	4
467	467	5
468	468	6
469	469	7
470	470	8
471	471	9
472	472	10
473	473	11
474	474	12
475	475	13
476	476	14
477	477	15
478	478	16
479	479	17
480	480	18
481	481	19
482	482	20
483	483	21
484	484	22
485	485	23
486	486	24
487	487	25
488	488	26
489	489	27
490	490	28
491	491	29
492	492	30
493	493	31
494	494	32
495	495	33
496	496	34
497	497	35
498	498	36
499	499	37
500	500	38
501	501	39
502	502	40
503	503	41
504	504	42
505	505	43 SB 257 7
506	506	budgetary issues. Any state agency shall provide data and information on
507	507	KanCare programs, including, but not limited to, pay for performance
508	508	measures, quality measures and enrollment and disenrollment in specific
509	509	plans, KanCare provider network data and appeals and grievances made to
510	510	the KanCare ombudsman, to the joint committee, as requested.
511	511	(b) The joint committee shall consist of 11 members of the legislature
512	512	appointed as follows: (1) Two members of the house committee on health
513	513	and human services appointed by the speaker of the house of
514	514	representatives; (2) one member of the house committee on health and
515	515	human services appointed by the minority leader of the house of
516	516	representatives; (3) two members of the senate committee on public health
517	517	and welfare appointed by the president of the senate; (4) one member of
518	518	the senate committee on public health and welfare appointed by the
519	519	minority leader of the senate; (5) two members of the house of
520	520	representatives appointed by the speaker of the house of representatives,
521	521	one of whom shall be a member of the house committee on appropriations;
522	522	(6) one member of the house of representatives appointed by the minority
523	523	leader of the house of representatives; and (7) two members of the senate
524	524	appointed by the president of the senate, one of whom shall be a member
525	525	of the senate committee on ways and means.
526	526	(c) Members shall be appointed for terms coinciding with the
527	527	legislative terms for which such members are elected or appointed. All
528	528	members appointed to fill vacancies in the membership of the joint
529	529	committee and all members appointed to succeed members appointed to
530	530	membership on the joint committee shall be appointed in the manner
531	531	provided for the original appointment of the member succeeded.
532	532	(d) (1) The members originally appointed as members of the joint
533	533	committee shall meet upon the call of the member appointed by the
534	534	speaker of the house of representatives, who shall be the first chairperson,
535	535	within 30 days of the effective date of this act. The vice-chairperson of the
536	536	joint committee shall be appointed by the president of the senate.
537	537	Chairperson and vice-chairperson shall alternate annually between the
538	538	members appointed by the speaker of the house of representatives and the
539	539	president of the senate. The ranking minority member shall be from the
540	540	same chamber as the chairperson. On and after the effective date of this act
541	541	Except as provided in paragraph (2), the joint committee shall meet at
542	542	least once in January and once in April when the legislature is in regular
543	543	session and at least once for two consecutive days during each of the third
544	544	and fourth calendar quarters, on the call of the chairperson, but not to
545	545	exceed six meetings in a calendar year, except additional meetings may be
546	546	held on call of the chairperson when urgent circumstances exist which
547	547	require such meetings. Six members of the joint committee shall constitute
548	548	a quorum.
549	549	1
550	550	2
551	551	3
552	552	4
553	553	5
554	554	6
555	555	7
556	556	8
557	557	9
558	558	10
559	559	11
560	560	12
561	561	13
562	562	14
563	563	15
564	564	16
565	565	17
566	566	18
567	567	19
568	568	20
569	569	21
570	570	22
571	571	23
572	572	24
573	573	25
574	574	26
575	575	27
576	576	28
577	577	29
578	578	30
579	579	31
580	580	32
581	581	33
582	582	34
583	583	35
584	584	36
585	585	37
586	586	38
587	587	39
588	588	40
589	589	41
590	590	42
591	591	43 SB 257 8
592	592	(2) During calendar year 2026 and calendar year 2027, the joint
593	593	committee shall meet for one additional day per meeting pursuant to
594	594	paragraph (1) in order to monitor the implementation of the healthcare
595	595	access for working Kansans act and to review the following topics relating
596	596	to such implementation:
597	597	(A) Payment integrity and eligibility audits;
598	598	(B) outcomes related to section 3, and amendments thereto;
599	599	(C) health outcomes for individuals covered under the act;
600	600	(D) budget projections and actual expenditures related to
601	601	implementation of the act; and
602	602	(E) expenses incurred by hospitals arising from charity care and
603	603	services provided to patients who are unwilling or unable to pay for such
604	604	services.
605	605	(e) (1) At the beginning of each regular session of the legislature, the
606	606	committee shall submit to the president of the senate, the speaker of the
607	607	house of representatives, the house committee on health and human
608	608	services and the senate committee on public health and welfare a written
609	609	report on numbers of individuals transferred from the state or private
610	610	institutions to the home and community based services including the
611	611	average daily census in the state institutions and long-term care facilities,
612	612	savings resulting from the transfer certified by the secretary for aging and
613	613	disability services in a quarterly report filed in accordance with K.S.A. 39-
614	614	7,162, and amendments thereto, and the current balance in the home and
615	615	community based services savings fund of the Kansas department for
616	616	aging and disability services.
617	617	(2) Such report submitted under this subsection shall also include, but
618	618	not be limited to, the following information on the KanCare program:
619	619	(A) Quality of care and health outcomes of individuals receiving state
620	620	medicaid services under the KanCare program, as compared to the
621	621	provision of state medicaid services prior to January 1, 2013;
622	622	(B) integration and coordination of health care healthcare procedures
623	623	for individuals receiving state medicaid services under the KanCare
624	624	program;
625	625	(C) availability of information to the public about the provision of
626	626	state medicaid services under the KanCare program, including, but not
627	627	limited to, accessibility to health services, expenditures for health services,
628	628	extent of consumer satisfaction with health services provided and
629	629	grievance procedures, including quantitative case data and summaries of
630	630	case resolution by the KanCare ombudsman;
631	631	(D) provisions for community outreach and efforts to promote the
632	632	public understanding of the KanCare program;
633	633	(E) comparison of the actual medicaid costs expended in providing
634	634	state medicaid services under the KanCare program after January 1, 2013,
635	635	1
636	636	2
637	637	3
638	638	4
639	639	5
640	640	6
641	641	7
642	642	8
643	643	9
644	644	10
645	645	11
646	646	12
647	647	13
648	648	14
649	649	15
650	650	16
651	651	17
652	652	18
653	653	19
654	654	20
655	655	21
656	656	22
657	657	23
658	658	24
659	659	25
660	660	26
661	661	27
662	662	28
663	663	29
664	664	30
665	665	31
666	666	32
667	667	33
668	668	34
669	669	35
670	670	36
671	671	37
672	672	38
673	673	39
674	674	40
675	675	41
676	676	42
677	677	43 SB 257 9
678	678	to the actual costs expended under the provision of state medicaid services
679	679	prior to January 1, 2013, including the manner in which such cost
680	680	expenditures are calculated;
681	681	(F) comparison of the estimated costs expended in a managed care
682	682	system of providing state medicaid services under the KanCare program
683	683	after January 1, 2013, to the actual costs expended under the KanCare
684	684	program of providing state medicaid services after January 1, 2013;
685	685	(G) comparison of caseload information for individuals receiving
686	686	state medicaid services prior to January 1, 2013, to the caseload
687	687	information for individuals receiving state medicaid services under the
688	688	KanCare program after January 1, 2013; and
689	689	(H) all written testimony provided to the joint committee regarding
690	690	the impact of the provision of state medicaid services under the KanCare
691	691	program upon residents of adult care homes.
692	692	(3) The joint committee shall consider the external quality review
693	693	reports and quality assessment and performance improvement program
694	694	plans of each managed care organization providing state medicaid services
695	695	under the KanCare program in the development of the report submitted
696	696	under this subsection.
697	697	(4) The report submitted under this subsection shall be published on
698	698	the official website of the legislative research department.
699	699	(f) Members of the committee shall have access to any medical
700	700	assistance report and caseload data generated by the Kansas department of
701	701	health and environment division of health care finance. Members of the
702	702	committee shall have access to any report submitted by the Kansas
703	703	department of health and environment division of health care finance to
704	704	the centers for medicare and medicaid services of the United States
705	705	department of health and human services.
706	706	(g) Members of the committee shall be paid compensation, travel
707	707	expenses and subsistence expenses or allowance as provided in K.S.A. 75-
708	708	3212, and amendments thereto, for attendance at any meeting of the joint
709	709	committee or any subcommittee meeting authorized by the committee.
710	710	(h) In accordance with K.S.A. 46-1204, and amendments thereto, the
711	711	legislative coordinating council may provide for such professional services
712	712	as may be requested by the joint committee.
713	713	(i) The joint committee may make recommendations and introduce
714	714	legislation as it deems necessary in performing its functions.
715	715	Sec. 13. K.S.A. 40-3213 is hereby amended to read as follows: 40-
716	716	3213. (a) Every health maintenance organization and medicare provider
717	717	organization subject to this act shall pay to the commissioner the following
718	718	fees:
719	719	(1) For filing an application for a certificate of authority, $150;
720	720	(2) for filing each annual report, $50; and
721	721	1
722	722	2
723	723	3
724	724	4
725	725	5
726	726	6
727	727	7
728	728	8
729	729	9
730	730	10
731	731	11
732	732	12
733	733	13
734	734	14
735	735	15
736	736	16
737	737	17
738	738	18
739	739	19
740	740	20
741	741	21
742	742	22
743	743	23
744	744	24
745	745	25
746	746	26
747	747	27
748	748	28
749	749	29
750	750	30
751	751	31
752	752	32
753	753	33
754	754	34
755	755	35
756	756	36
757	757	37
758	758	38
759	759	39
760	760	40
761	761	41
762	762	42
763	763	43 SB 257 10
764	764	(3) for filing an amendment to the certificate of authority, $10.
765	765	(b) Every health maintenance organization subject to this act shall
766	766	pay annually to the commissioner at the time such organization files its
767	767	annual report, a privilege fee in an amount equal to the following
768	768	percentages 5.77% of the total of all premiums, subscription charges or
769	769	any other term that may be used to describe the charges made by such
770	770	organization to enrollees: 3.31% during the reporting period beginning
771	771	January 1, 2015, and ending December 31, 2017; and 5.77% on and after
772	772	January 1, 2018. In such computations all such organizations shall be
773	773	entitled to deduct therefrom any premiums or subscription charges
774	774	returned on account of cancellations and dividends returned to enrollees. If
775	775	the commissioner shall determine at any time that the application of the
776	776	privilege fee, or a change in the rate of the privilege fee, would cause a
777	777	denial of, reduction in or elimination of federal financial assistance to the
778	778	state or to any health maintenance organization subject to this act, the
779	779	commissioner is hereby authorized to terminate the operation of such
780	780	privilege fee or the change in such privilege fee.
781	781	(c) For the purpose of insuring the collection of the privilege fee
782	782	provided for by subsection (b), every health maintenance organization
783	783	subject to this act and required by subsection (b) to pay such privilege fee
784	784	shall at the time it files its annual report, as required by K.S.A. 40-3220,
785	785	and amendments thereto, make a return, generated by or at the direction of
786	786	its chief officer or principal managing director, under penalty of K.S.A.
787	787	21-5824, and amendments thereto, to the commissioner, stating the amount
788	788	of all premiums, assessments and charges received by the health
789	789	maintenance organization, whether in cash or notes, during the year ending
790	790	on the last day of the preceding calendar year. Upon the receipt of such
791	791	returns the commissioner of insurance shall verify such returns and
792	792	reconcile the fees pursuant to subsection (f) upon such organization on the
793	793	basis and at the rate provided in this section.
794	794	(d) Premiums or other charges received by an insurance company
795	795	from the operation of a health maintenance organization subject to this act
796	796	shall not be subject to any fee or tax imposed under the provisions of
797	797	K.S.A. 40-252, and amendments thereto.
798	798	(e) Fees charged under this section shall be remitted to the state
799	799	treasurer in accordance with the provisions of K.S.A. 75-4215, and
800	800	amendments thereto. Upon receipt of each such remittance, the state
801	801	treasurer shall deposit the entire amount in the state treasury to the credit
802	802	of the medical assistance fee fund created by K.S.A. 40-3236, and
803	803	amendments thereto.
804	804	(f) (1) On and after January 1, 2018, In addition to any other filing or
805	805	return required by this section, each health maintenance organization shall
806	806	submit a report to the commissioner on or before March 31 and September
807	807	1
808	808	2
809	809	3
810	810	4
811	811	5
812	812	6
813	813	7
814	814	8
815	815	9
816	816	10
817	817	11
818	818	12
819	819	13
820	820	14
821	821	15
822	822	16
823	823	17
824	824	18
825	825	19
826	826	20
827	827	21
828	828	22
829	829	23
830	830	24
831	831	25
832	832	26
833	833	27
834	834	28
835	835	29
836	836	30
837	837	31
838	838	32
839	839	33
840	840	34
841	841	35
842	842	36
843	843	37
844	844	38
845	845	39
846	846	40
847	847	41
848	848	42
849	849	43 SB 257 11
850	850	30 of each year containing an estimate of the total amount of all premiums,
851	851	subscription charges or any other term that may be used to describe the
852	852	charges made by such organization to enrollees that the organization
853	853	expects to collect during the current calendar year. Upon filing each March
854	854	31 report, the organization shall submit payment equal to ½ of the
855	855	privilege fee that would be assessed by the commissioner for the current
856	856	calendar year based upon the organization's reported estimate. Upon filing
857	857	each September 30 report, the organization shall submit payment equal to
858	858	the balance of the privilege fee that would be assessed by the
859	859	commissioner for the current calendar year based upon the organization's
860	860	reported estimates.
861	861	(2) Any amount of privilege fees actually owed by a health
862	862	maintenance organization during any calendar year in excess of estimated
863	863	privilege fees paid shall be assessed by the commissioner and shall be due
864	864	and payable upon issuance of such assessment.
865	865	(3) Any amount of estimated privilege fees paid by a health
866	866	maintenance organization during any calendar year in excess of privilege
867	867	fees actually owed shall be reconciled when the commissioner assesses
868	868	privilege fees in the ensuing calendar year. The commissioner shall credit
869	869	such excess amount against future privilege fee assessments. Any such
870	870	excess amount paid by a health maintenance organization that is no longer
871	871	doing business in Kansas and that no longer has a duty to pay the privilege
872	872	fee shall be refunded by the commissioner from funds appropriated by the
873	873	legislature for such purpose.
874	874	Sec. 14. K.S.A. 39-7,160 and 40-3213 are hereby repealed.
875	875	Sec. 15. This act shall take effect and be in force from and after its
876	876	publication in the Kansas register.
877	877	1
878	878	2
879	879	3
880	880	4
881	881	5
882	882	6
883	883	7
884	884	8
885	885	9
886	886	10
887	887	11
888	888	12
889	889	13
890	890	14
891	891	15
892	892	16
893	893	17
894	894	18
895	895	19
896	896	20
897	897	21
898	898	22
899	899	23
900	900	24
901	901	25
902	902	26
903	903	27