Kansas 2025-2026 Regular Session

Kansas Senate Bill SB271 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. 271
3	3	By Committee on Ways and Means
4	4	2-17
5	5	AN ACT concerning the state children's health insurance program; relating
6	6	to eligibility; updating income requirements therefor; amending K.S.A.
7	7	38-2001 and repealing the existing section.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. K.S.A. 38-2001 is hereby amended to read as follows: 38-
10	10	2001. (a) The department of health and environment shall develop and
11	11	submit a plan consistent with federal guidelines established under section
12	12	4901 of public law 105-33 (, 42 U.S.C. § 1397aa et seq.;, title XXI).
13	13	(b) The plan developed under subsection (a) shall be a capitated
14	14	managed care plan covering Kansas children from zero to 19 years which
15	15	of age that:
16	16	(1) Contains benefit levels at least equal to those for the early and
17	17	periodic screening, diagnosis and treatment program;
18	18	(2) provides for presumptive eligibility for children where applicable;
19	19	(3) provides continuous eligibility for 12 months once a formal
20	20	determination is made that a child is eligible subject to subsection (e);
21	21	(4) has performance based performance-based contracting with
22	22	measurable outcomes indicating age appropriate utilization of plan
23	23	services to include, including, but not limited to, such measurable services
24	24	as immunizations, vision, hearing and dental exams, emergency room
25	25	utilization, annual physical exams and asthma;
26	26	(5) shall use the same prior authorization standards and requirements
27	27	as used for health care services under medicaid to further the goal of
28	28	seamlessness of coverage between the two programs;
29	29	(6) shall provide targeted low-income children, as defined under
30	30	section 4901 of public law 105-33 (, 42 U.S.C. § 1397aa, et seq.),
31	31	coverage subject to appropriations; and
32	32	(7) shall provide coverage, subject to appropriation of funds and
33	33	eligibility requirements, for children residing in a household having a
34	34	gross household income (A) for 2009, at or under 225% of the 2008
35	35	federal poverty income guidelines and (B) for 2010 and subsequent years,
36	36	at or under 250% of the 2008 federal poverty income guidelines;. The
37	37	participants receiving coverage shall contribute to the payment for such
38	38	coverage through a sliding-fee scale based upon ability to pay as
39	39	established by rules and regulations of the secretary of health and
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 271 2
76	76	environment; and
77	77	(8) contains a provision which requires the newly enrolled
78	78	participants with a family income over 200% of the federal poverty
79	79	income guidelines to wait at least 8 months before participating in this
80	80	program, if such participants previously had comprehensive health benefit
81	81	coverage through an individual policy or a health benefit plan provided by
82	82	any health insurer as defined in K.S.A. 40-4602, and amendments thereto.
83	83	This waiting period provision shall not apply when the prior coverage
84	84	ended due to loss of employment other than the voluntary termination,
85	85	change to a new employer that does not provide an option for dependent
86	86	coverage, discontinuation of health benefits to all employees, expiration of
87	87	COBRA coverage period or any other situations where the prior coverage
88	88	ended due to reasons unrelated to the availability of this program.
89	89	(c) The secretary of health and environment is authorized to contract
90	90	with entities authorized to transact health insurance business in this state to
91	91	implement the health insurance coverage plan pursuant to subsection (a)
92	92	providing for several plan options to enrollees which are coordinated with
93	93	federal and state child health care programs, except that when contracting
94	94	to provide managed mental health care services the secretary of health and
95	95	environment shall assure that contracted entities demonstrate the ability to
96	96	provide a full array of mental health services in accordance with the early
97	97	and periodic screening, diagnosis and treatment plan. The secretary of
98	98	health and environment shall not develop a request for proposal process
99	99	which excludes community mental health centers from the opportunity to
100	100	bid for managed mental health care services.
101	101	(d) When developing and implementing the plan in subsection (a), the
102	102	secretary of health and environment to the extent authorized by law:
103	103	(1) Shall include provisions that encourage contracting insurers to
104	104	utilize and coordinate with existing community health care institutions and
105	105	providers;
106	106	(2) may work with public health care providers and other community
107	107	resources to provide educational programs promoting healthy lifestyles
108	108	and appropriate use of the plan's health services;
109	109	(3) shall plan for outreach and maximum enrollment of eligible
110	110	children through cooperation with local health departments, schools, child
111	111	care facilities and other community institutions and providers;
112	112	(4) shall provide for a simplified enrollment plan;
113	113	(5) shall provide cost sharing as allowed by law;
114	114	(6) shall not count the caring program for children, the Kansas health
115	115	insurance association plan or any charity health care plan as insurance
116	116	under subsection (e)(1);
117	117	(7) may provide for payment of health insurance premiums, including
118	118	contributions to a health savings account if applicable, and, in conjunction
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 271 3
162	162	with an employer sponsored insurance premium assistance plan, may
163	163	provide that supplemental benefits be purchased outside of the capitated
164	164	managed care plan, if it is determined cost effective, taking into account
165	165	the number of children to be served and the benefits to be provided;
166	166	(8) may provide that prescription drugs, transportation services and
167	167	dental services are purchased outside of the capitated managed care plan to
168	168	improve the efficiency, accessibility and effectiveness of the program; and
169	169	(9) shall include a provision that requires any individual to be a
170	170	citizen or an alien lawfully admitted to the United States for purposes of
171	171	establishing eligibility for benefits under the plan and to present
172	172	satisfactory documentary evidence of citizenship or lawful admission of
173	173	the individual. The criteria for determining whether the documentation is
174	174	satisfactory shall be no more restrictive than the criteria used by the social
175	175	security administration to determine citizenship. A document issued by a
176	176	federally-recognized Indian tribe evidencing membership or enrollment in,
177	177	or affiliation with, such tribe, such as a tribal enrollment card or certificate
178	178	of degree of Indian blood shall be satisfactory documentary evidence of
179	179	citizenship or lawful admission.
180	180	(e) A child shall not be eligible for coverage and shall lose coverage
181	181	under the plan developed under subsection (a) of K.S.A. 38-2001, and
182	182	amendments thereto, if such child's family has not paid the enrollee's
183	183	applicable share of any premium due. If the family pays all of the
184	184	delinquent premiums owed during the year, such child will again be
185	185	eligible for coverage for the remaining months of the continuous eligibility
186	186	period.
187	187	(f) The plan developed under section 4901 of public law 105-33 (, 42
188	188	U.S.C. § 1397aa et seq., and amendments thereto) is not an entitlement
189	189	program. The availability of the plan benefits shall be subject to funds
190	190	appropriated. The secretary of health and environment shall not utilize
191	191	waiting lists, but shall monitor costs of the program and make necessary
192	192	adjustments to stay within the program's appropriations.
193	193	(g)(f) Eligibility and benefits under the plan prescribed by subsection
194	194	(b)(7) are not and shall not be construed to be entitlements, are for legal
195	195	residents of the state of Kansas and are subject to availability of state and
196	196	federal funds and to any state and federal requirements and the provisions
197	197	of appropriation acts. If the secretary of health and environment
198	198	determines that the available federal funds and the state funds appropriated
199	199	are insufficient to sustain coverage for the income eligibility levels
200	200	prescribed by subsection (b)(7), a lower income level shall be adopted and
201	201	implemented by the secretary of health and environment, within the limits
202	202	of appropriations available therefor, and all such changes shall be
203	203	published by the secretary of health and environment in the Kansas
204	204	register.
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 271 4
248	248	Sec. 2. K.S.A. 38-2001 is hereby repealed.
249	249	Sec. 3. This act shall take effect and be in force from and after its
250	250	publication in the statute book.
251	251	1
252	252	2
253	253	3