KS
Kansas Senate Bill SB88

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB88 Compare Versions

OldNewDifferences
1+Session of 2025
12 SENATE BILL No. 88
2-AN ACT concerning the state long-term care ombudsman; requiring the state long-term
3-care ombudsman and any regional ombudsman to receive training in memory care;
4-amending K.S.A. 75-7306 and repealing the existing section.
3+By Committee on Public Health and Welfare
4+1-28
5+AN ACT concerning the state long-term care ombudsman; requiring the
6+state long-term care ombudsman and any regional ombudsman to
7+receive training in memory care; amending K.S.A. 75-7306 and
8+repealing the existing section.
59 Be it enacted by the Legislature of the State of Kansas:
6-Section 1. K.S.A. 75-7306 is hereby amended to read as follows:
7-75-7306. The state long-term care ombudsman shall be an advocate of
10+Section 1. K.S.A. 75-7306 is hereby amended to read as follows: 75-
11+7306. The state long-term care ombudsman shall be an advocate of
812 residents in facilities throughout the state. The state long-term care
913 ombudsman shall:
1014 (a) Investigate and resolve complaints made by or on behalf of the
1115 residents:
1216 (1) Relating to action, inaction or decisions of providers, or
13-representatives of providers, of long-term care, public agencies or
14-health and social services agencies, except that complaints of abuse,
15-neglect or exploitation of a resident may be referred to the secretary for
16-aging and disability services in accordance with the provisions of
17-K.S.A. 39-1401 et seq., and amendments thereto, with the resident or
18-resident's representative's consent or as permitted by federal law; or
17+representatives of providers, of long-term care, public agencies or health
18+and social services agencies, except that complaints of abuse, neglect or
19+exploitation of a resident may be referred to the secretary for aging and
20+disability services in accordance with the provisions of K.S.A. 39-1401 et
21+seq., and amendments thereto, with the resident or resident's
22+representative's consent or as permitted by federal law; or
1923 (2) regarding the welfare and rights of residents with respect to the
2024 appointment or activities of resident representatives;
2125 (b) develop continuing programs to inform residents, their family
2226 members or other persons responsible for residents regarding the rights
2327 and responsibilities of residents and such other persons;
2428 (c) provide the legislature and the governor with an annual report
2529 containing data, findings and outcomes regarding the types of problems
2630 experienced and complaints received by or on behalf of residents and
2731 containing policy, regulatory and legislative recommendations to solve
2832 such problems, resolve such complaints and improve the quality of care
2933 and life in facilities and shall present such report and other appropriate
3034 information and recommendations to the senate committee on public
31-health and welfare, the senate committee on ways and means, the house
32-of representatives committee on health and human services and the
33-house of representatives committee on appropriations during each
34-regular session of the legislature;
35+health and welfare, the senate committee on ways and means, the house of
36+representatives committee on health and human services and the house of
37+representatives committee on appropriations during each regular session of
38+the legislature;
3539 (d) analyze and monitor the development and implementation of
36-federal, state and local government laws, rules and regulations,
37-resolutions, ordinances and policies with respect to long-term care
38-facilities and services provided in this state, and recommend any
39-changes in such laws, regulations, resolutions, ordinances and policies
40-deemed by the office to be appropriate;
40+1
41+2
42+3
43+4
44+5
45+6
46+7
47+8
48+9
49+10
50+11
51+12
52+13
53+14
54+15
55+16
56+17
57+18
58+19
59+20
60+21
61+22
62+23
63+24
64+25
65+26
66+27
67+28
68+29
69+30
70+31
71+32
72+33
73+34
74+35
75+36 SB 88 2
76+federal, state and local government laws, rules and regulations, resolutions,
77+ordinances and policies with respect to long-term care facilities and
78+services provided in this state, and recommend any changes in such laws,
79+regulations, resolutions, ordinances and policies deemed by the office to be
80+appropriate;
4181 (e) provide information to public and private agencies, the media,
4282 legislators and others, as deemed necessary by the office, regarding the
4383 problems and concerns of residents in facilities, including
4484 recommendations related thereto. The state long-term care ombudsman
4585 may give the information or recommendations to any directly affected
4686 public and private agency or legislator or their representatives before
4787 providing such information or recommendations to news media
4888 representatives;
49-(f) prescribe and provide for the training of each regional long-
50-term care ombudsman, and any individual designated as an ombudsman
51-under subsection (h) of this section, and any individual who is an
52-ombudsman volunteer in:
89+(f) prescribe and provide for the training of each regional long-term
90+care ombudsman, and any individual designated as an ombudsman under
91+subsection (h) of this section, and any individual who is an ombudsman
92+volunteer in:
5393 (1) Federal, state and local laws, rules and regulations, resolutions,
5494 ordinances and policies with respect to facilities located in Kansas;
5595 (2) investigative techniques;
5696 (3) the needs and rights of long-term care residents who have
5797 Alzheimer's disease and other dementia and strategies to care for and
5898 address the specific issues encountered by such residents. Topics shall
5999 include, but not be limited to:
60-(A) Understanding the warning signs and symptoms of SENATE BILL No. 88—page 2
61-Alzheimer's and other dementia;
100+(A) Understanding the warning signs and symptoms of Alzheimer's
101+and other dementia;
62102 (B) knowledge of person-centered dementia care;
63103 (C) effectively communicating with individuals living with
64104 Alzheimer's and other dementia;
65105 (D) recognizing behavioral symptoms, including alternatives to
66106 physical and chemical restraints for residents;
67107 (E) addressing specific threats to residents' safety, such as
68108 wandering;
69109 (F) referring residents' care partners and families to accurate and
70110 up-to-date sources of information, support and resources regarding
71111 Alzheimer's and other dementia; and
72-(G) protocols for connecting individuals living with Alzheimer's
73-and other dementia to local care resources and professionals who are
74-skilled in dementia care to encourage cross-referral and reporting
75-regarding incidents of abuse; and
112+(G) protocols for connecting individuals living with Alzheimer's and
113+other dementia to local care resources and professionals who are skilled
114+in dementia care to encourage cross-referral and reporting regarding
115+incidents of abuse; and
76116 (3) (4) such other matters as the state long-term care ombudsman
77117 deems appropriate;
78-(g) coordinate ombudsman services provided by the office with
79-the protection and advocacy systems for individuals with
80-developmental disabilities and mental illness established under part A
81-of the federal developmental disabilities assistance and bill of rights
82-act, 42 U.S.C.A. § 6001 et seq., and under the federal protection and
83-advocacy for mentally ill individuals act of 1986, public law 99-316;
84-(h) authorize an individual, who is an employee of the office and
85-who has satisfactorily completed the training prescribed by the state
86-long-term care ombudsman under subsection (f), to be an ombudsman
87-or a volunteer ombudsman and to be a representative of the office and
88-such an authorized individual shall be deemed to be a representative of
89-the office for the purposes of and subject to the provisions of the long-
90-term care ombudsman act;
91-(i) establish and maintain a system to recruit and train individuals
92-to become volunteer ombudsmen;
118+(g) coordinate ombudsman services provided by the office with the
119+1
120+2
121+3
122+4
123+5
124+6
125+7
126+8
127+9
128+10
129+11
130+12
131+13
132+14
133+15
134+16
135+17
136+18
137+19
138+20
139+21
140+22
141+23
142+24
143+25
144+26
145+27
146+28
147+29
148+30
149+31
150+32
151+33
152+34
153+35
154+36
155+37
156+38
157+39
158+40
159+41
160+42
161+43 SB 88 3
162+protection and advocacy systems for individuals with developmental
163+disabilities and mental illness established under part A of the federal
164+developmental disabilities assistance and bill of rights act, 42 U.S.C.A. §
165+6001 et seq., and under the federal protection and advocacy for mentally ill
166+individuals act of 1986, public law 99-316;
167+(h) authorize an individual, who is an employee of the office and who
168+has satisfactorily completed the training prescribed by the state long-term
169+care ombudsman under subsection (f), to be an ombudsman or a volunteer
170+ombudsman and to be a representative of the office and such an authorized
171+individual shall be deemed to be a representative of the office for the
172+purposes of and subject to the provisions of the long-term care
173+ombudsman act;
174+(i) establish and maintain a system to recruit and train individuals to
175+become volunteer ombudsmen;
93176 (j) develop and implement procedures for authorizing and for
94177 withdrawing the authorization of individuals to be ombudsmen or
95178 volunteer ombudsmen to represent the office in providing ombudsmen
96179 services;
97180 (k) provide services to residents of facilities throughout the state,
98181 directly or through service providers, to meet needs for ombudsmen
99182 services;
100183 (l) collaborate with the Kansas department for aging and disability
101184 services to review and maintain the statewide system that collects and
102185 analyzes information on complaints and conditions in facilities; and
103-(m) perform such other duties and functions as may be provided
104-by law.
105-Sec. 2. K.S.A. 75-7306 is hereby repealed. SENATE BILL No. 88—page 3
186+(m) perform such other duties and functions as may be provided by
187+law.
188+Sec. 2. K.S.A. 75-7306 is hereby repealed.
106189 Sec. 3. This act shall take effect and be in force from and after its
107190 publication in the statute book.
108-I hereby certify that the above BILL originated in the
109-SENATE, and passed that body
110-_________________________
111- _________________________
112-President of the Senate.
113-_________________________
114-Secretary of the Senate.
115-
116-Passed the HOUSE ________________________
117- _________________________
118-Speaker of the House.
119-_________________________
120-Chief Clerk of the House.
121-APPROVED ____________________________
122-_________________________
123-Governor.
191+1
192+2
193+3
194+4
195+5
196+6
197+7
198+8
199+9
200+10
201+11
202+12
203+13
204+14
205+15
206+16
207+17
208+18
209+19
210+20
211+21
212+22
213+23
214+24
215+25
216+26
217+27
218+28
219+29