Kansas 2025-2026 Regular Session Status: Enacted

SB 126 — House Sub for SB 126 - Establishing an advance universal newborn screening program, providing for the reimbursement of certain treatment services and extending the transfer of moneys to the Kansas newborn screening fund, increasing state financial assistance for local health departments under certain circumstances and increasing the annual assessment rate on hospital providers.

Last action — Enrolled and presented to Governor on Friday, April 4, 2025

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2025. Enacted.

Signed by Governor Laura Kelly (Democratic) on April 10, 2025.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

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Bill Text

What changed in the latest version

370 added · 461 removed

370 line(s) added, 461 removed.

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Session of 2025 House Substitute for SENATE BILLNo.
House Substitute for SENATE BILL No.
126 By Committee on Health and Human Services 3-7 AN ACT concerning health and healthcare;
126 AN ACTconcerning health and healthcare;
updating income eligibility requirements for the children's health insurance program;
38-2001, 65-181, 65-183, 65-242 and 65-6210 and K.S.A.
65-181, 65-183, 65-242 and 65-6210 and K.S.A.
38-2001 is hereby amended to read as follows:
38- 2001.
(a) The department of health and environment shall develop and submit a plan consistent with federal guidelines established under section 4901 of public law 105-33 (, 42 U.S.C.
§ 1397aa et seq.;, title XXI).
(b) The plan developed under subsection (a) shall be a capitated managed care plan covering Kansas children from zero to through 19 years which of age that:
(1) Contains benefit levels at least equal to those for the early and periodic screening, diagnosis and treatment program;
(2) provides for presumptive eligibility for children where applicable;
(3) provides continuous eligibility for 12 months once a formal determination is made that a child is eligible subject to subsection (e);
(4) has performance based performance-based contracting with measurable outcomes indicating age appropriate age-appropriate utilization of plan services to include, including, but not limited to, such measurable services as immunizations, vision, hearing and dental exams, emergency room utilization, annual physical exams and asthma;
(5) shall useuses the same prior authorization standards and requirements as used for health care services under medicaid to further the goal of seamlessness of coverage between the two programs;
(6) shall provideprovides targeted low-income children, as defined H Sub for SB 126 2 under section 4901 of public law 105-33 (, 42 U.S.C.
§ 1397aa, et seq.), coverage subject to appropriations;
and (7) shall provideprovides coverage, subject to appropriation of funds and eligibility requirements, for children residing in a household having a gross household income (A) for 2009, at or under 225% of the 2008 federal poverty income guidelines and (B) for 2010 and subsequent years, at or under 250% of the 2008 federal poverty income guidelines;.
The participants receiving coverage shall contribute to the payment for such coverage through a sliding-fee scale based upon ability to pay as established by rules and regulations of the secretary of health and environment;
and (8) contains a provision which requires the newly enrolled participants with a family income over 200% of the federal poverty income guidelines to wait at least 8 months before participating in this program, if such participants previously had comprehensive health benefit coverage through an individual policy or a health benefit plan provided by any health insurer as defined in K.S.A.
40-4602, and amendments thereto.
This waiting period provision shall not apply when the prior coverage ended due to loss of employment other than the voluntary termination, change to a new employer that does not provide an option for dependent coverage, discontinuation of health benefits to all employees, expiration of COBRA coverage period or any other situations where the prior coverage ended due to reasons unrelated to the availability of this program.
(c) The secretary of health and environment is authorized to contract with entities authorized to transact health insurance business in this state to implement the health insurance coverage plan pursuant to subsection (a), providing for several plan options to enrollees which that are coordinated with federal and state child health care healthcare programs, except that when contracting to provide managed mental health care healthcare services, the secretary of health and environment shall assure that contracted entities demonstrate the ability to provide a full array of mental health healthcare services in accordance with the early and periodic screening, diagnosis and treatment plan.
The secretary of health and environment shall not develop a request for proposal process which that excludes community mental health centers from the opportunity to bid for managed mental health care healthcare services.
(d) When developing and implementing the plan in subsection (a), the secretary of health and environment to the extent authorized by law:
(1) Shall include provisions that encourage contracting insurers to utilize and coordinate with existing community health care healthcare institutions and providers;
(2) may work with public health care healthcare providers and other community resources to provide educational programs promoting healthy H Sub for SB 126 3 lifestyles and appropriate use of the plan's health services;
(3) shall plan for outreach and maximum enrollment of eligible children through cooperation with local health departments, schools, child care facilities and other community institutions and providers;
(4) shall provide for a simplified enrollment plan;
(5) shall provide cost sharing as allowed by law;
(6) shall not count the caring program for children, the Kansas health insurance association plan or any charity health care healthcare plan as insurance under subsection (e)(1);
(7) may provide for payment of health insurance premiums, including contributions to a health savings account if applicable, and, in conjunction with an employer sponsored insurance premium assistance plan, may provide that supplemental benefits be purchased outside of the capitated managed care plan, if it is determined to be cost effective, taking into account the number of children to be served and the benefits to be provided;
(8) may provide that prescription drugs, transportation services and dental services are purchased outside of the capitated managed care plan to improve the efficiency, accessibility and effectiveness of the program;
and (9) shall include a provision that requires any individual to be a citizen or an alien lawfully admitted to the United States for purposes of establishing eligibility for benefits under the plan and to present satisfactory documentary evidence of citizenship or lawful admission of the individual.
The criteria for determining whether the documentation is satisfactory shall be no more restrictive than the criteria used by the social security administration to determine citizenship.
A document issued by a federally-recognized federally recognized Indian tribe evidencing membership or enrollment in, or affiliation with, such tribe, such as a tribal enrollment card or certificate of degree of Indian blood shall be satisfactory documentary evidence of citizenship or lawful admission.
(e) A child shall not be eligible for coverage and shall lose coverage under the plan developed under subsection (a) of K.S.A.
38-2001, and amendments thereto, if such child's family has not paid the enrollee's applicable share of any premium due.
If the family pays all of the delinquent premiums owed during the year, such child will again be eligible for coverage for the remaining months of the continuous eligibility period.
(f) The plan developed under section 4901 of public law 105-33 (, 42 U.S.C.
§ 1397aa et seq., and amendments thereto) is not an entitlement program.
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The availability of the plan benefits shall be subject to funds appropriated.
The secretary of health and environment shall not utilize waiting lists, but shall monitor costs of the program and make necessary adjustments to stay within the program's appropriations.
H Sub for SB 126 4 (g)(f) Eligibility and benefits under the plan prescribed by subsection (b)(7) are not and shall not be construed to be entitlements, are for legal residents of the state of Kansas and are subject to availability of state and federal funds and to any state and federal requirements and the provisions of appropriation acts.
If the secretary of health and environment determines that the available federal funds and the state funds appropriated are insufficient to sustain coverage for the income eligibility levels prescribed by subsection (b)(7), a lower income level shall be adopted and implemented by the secretary of health and environment, within the limits of appropriations available therefor, and all such changes shall be published by the secretary of health and environment in the Kansas register.
Sec.
2. K.S.A.
conditions identified by the secretary in accordance with subsection (i) and establish ongoing education and H Sub for SB 126 5 support activities for individuals with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases being screened under this statute and for the families of such individuals such conditions.
conditions identified by the secretary in accordance with subsection (i) and establish ongoing education and support activities for individuals with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases being screened under this statute and for the families of such individuals such conditions.
Where If the applicable income of the person or persons who have legal responsibility for the diagnosed individual meets medicaid eligibility, such individuals' individual's needs shall be covered under the medicaid state plan.
Where If the applicable income of the person or persons who have legal responsibility for the diagnosed individual meets medicaid eligibility, such individuals' House Substitute for SENATE BILL No.
126—page 2 individual's needs shall be covered under the medicaid state plan.
(g) (1) Except for treatment products provided under subsection (e), if the secretary of health and environment shall adopt rules and regulations as needed to determine eligibility for reimbursement to individuals for the purchase of medically necessary food treatment product for diagnosed H Sub for SB 126 6 cases must be purchased, the purchaser shall be reimbursed by the department of health and environment for costs incurred up to $1,500 per year per diagnosed child age 18 or younger at 100% of the product cost upon submission of a receipt of purchase identifying the company from which the product was purchased.
(g) (1) Except for treatment products provided under subsection (e), if the secretary of health and environment shall adopt rules and regulations as needed to determine eligibility for reimbursement to individuals for the purchase of medically necessary food treatment product for diagnosed cases must be purchased, the purchaser shall be reimbursed by the department of health and environment for costs incurred up to $1,500 per year per diagnosed child age 18 or younger at 100% of the product cost upon submission of a receipt of purchase identifying the company from which the product was purchased.
(2) As an option to reimbursement authorized under subsection (g)(1) paragraph (1), the department of health and environment may purchase medically necessary food treatment products for distribution to diagnosed children in an amount not to exceed $1,500 per year per diagnosed child age 18 or younger.
(2) As an option to reimbursement authorized under subsection (g) (1) paragraph (1), the department of health and environment may purchase medically necessary food treatment products for distribution to diagnosed children in an amount not to exceed $1,500 per year per diagnosed child age 18 or younger.
The department of health and environment shall bill the person or persons who have legal responsibility for the diagnosed patient individual for a pro-rata share of the total costs, in accordance with the rules and regulations adopted pursuant to this section.
The department of health and environment shall bill the person or persons who have legal responsibility for the House Substitute for SENATE BILL No.
126—page 3 diagnosed patient individual for a pro-rata share of the total costs, in accordance with the rules and regulations adopted pursuant to this section.
Toward a Uniform Screening Panel and System" issued by the United States secretary of health and human services or another report determined H Sub for SB 126 7 by the department of health and environment to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable disorders conditions.
Toward a Uniform Screening Panel and System" issued by the United States secretary of health and human services or another report determined by the department of health and environment to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable disorders conditions.
40- 3213, and amendments thereto, and shall transfer the estimated portion of such amount that is necessary to fund the newborn screening program for the ensuing fiscal year as certified by the secretary of health and environment or the secretary's designee to the Kansas newborn screening fund.
40-3213, and amendments thereto, and shall transfer the estimated portion of such amount that is necessary to fund the newborn screening program for the ensuing fiscal year as certified by the secretary of health and environment or the secretary's designee to the Kansas newborn screening fund.
3. K.S.A.
2. K.S.A.
65-181.
65- 181.
4. K.S.A.
3. K.S.A.
65-183.
65- 183.
(a) Every physician or mid-level practitioner having knowledge of a case of congenital hypothyroidism, galactosemia or phenylketonuria and other genetic diseases as may be detected with tests given pursuant to this act a H Sub for SB 126 8 condition identified by the secretary of health and environment under K.S.A.
(a) Every physician or mid-level practitioner having knowledge of a case of congenital hypothyroidism, galactosemia or phenylketonuria and other genetic diseases as may be detected with tests given pursuant to this act a condition identified by the secretary of health and House Substitute for SENATE BILL No.
126—page 4 environment under K.S.A.
5. K.S.A.
4. K.S.A.
65-242.
65- 242.
H Sub for SB 126 9 (c) If local tax revenues allotted to a local health department for a fiscal year fall below the level of local tax revenues allotted to the local health department for the preceding fiscal year, the amount of state financial assistance under this act for which such local health department is eligible for the fiscal year shall be reduced by a percentage equal to the percentage of reduction in local tax revenue for that fiscal year.
(c) If local tax revenues allotted to a local health department for a fiscal year fall below the level of local tax revenues allotted to the local health department for the preceding fiscal year, the amount of state financial assistance under this act for which such local health department is eligible for the fiscal year shall be reduced by a percentage equal to the percentage of reduction in local tax revenue for that fiscal year.
6. K.S.A.
5. K.S.A.
65-6209, and amendments thereto, an annual assessment on services is imposed on each hospital provider in an amount not less than 1.83% of each hospital's net inpatient operating revenue and not greater than 3% 6% of each hospital's net inpatient and outpatient operating revenue, as determined by the healthcare access improvement panel in consultation with the department of health and environment, for the hospital's fiscal year three years prior to the assessment year.
65-6209, and amendments thereto, an annual assessment on services is imposed on each hospital provider in an amount not less than 1.83% of each hospital's net inpatient operating revenue and not greater than 3% 6% of each hospital's net inpatient and outpatient operating revenue, as House Substitute for SENATE BILL No.
126—page 5 determined by the healthcare access improvement panel in consultation with the department of health and environment, for the hospital's fiscal year three years prior to the assessment year.
(3) The amendments made to subsection (a) by section 1 of chapter 7 of the 2020 Session Laws of Kansas and this act shall take effect on and H Sub for SB 126 10 after January 1 or July 1 immediately following such publication of such approval.
(3) The amendments made to subsection (a) by section 1 of chapter 7 of the 2020 Session Laws of Kansas and this act shall take effect on and after January 1 or July 1 immediately following such publication of such approval.
7. K.S.A.
6. K.S.A.
65-468, and amendments thereto, with revenues below the threshold determined by the healthcare access improvement panel, or a rural emergency hospital licensed under the rural emergency hospital act, K.S.A.
65- 468, and amendments thereto, with revenues below the threshold determined by the healthcare access improvement panel, or a rural emergency hospital licensed under the rural emergency hospital act, K.S.A.
8. K.S.A.
7. K.S.A.
No installment payment of an assessment under this act shall be due and payable, however, until after:
No installment payment of House Substitute for SENATE BILL No.
126—page 6 an assessment under this act shall be due and payable, however, until after:
65-6208, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services;
65- 6208, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services;
65-6208, and amendments thereto, unless waived by the department for reasonable cause, a penalty H Sub for SB 126 11 assessment equal to the lesser of:
65- 6208, and amendments thereto, unless waived by the department for reasonable cause, a penalty assessment equal to the lesser of:
9. K.S.A.
8. K.S.A.
38-2001, 65-181, 65-183, 65-242 and 65-6210 and K.S.A.
65-181, 65-183, 65-242 and 65-6210 and K.S.A.
2024 Supp.
Supp.
Sec.
House Substitute for SENATE BILL No.
10. This act shall take effect and be in force from and after its publication in the statute book.
126—page 7 Sec.
9. This act shall take effect and be in force from and after its publication in the statute book.
I hereby certify that the abovILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.
_________________________ Secretary of the Senate.
Passed the HOUSE as amended _________________________ H OUSEadopted Conference Committee Report ________________ _________________________ Speaker of the House.
_________________________ Chief Clerk of the House.
A PPROVED_____________________________ _________________________ Governor.
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Action History

  1. Enrolled and presented to Governor on Friday, April 4, 2025

  2. Approved by Governor on Tuesday, April 8, 2025

  3. Conference Committee Report was adopted; Yea 123, Nay 1, Absent 1

  4. Conference Committee Report was adopted; Yea 40, Nay 0

  5. Conference committee report now available

  6. Motion to accede adopted; Rep. Will Carpenter, Rep. Ron Bryce and Rep. Susan Ruiz appointed as conferees

  7. Final Action - Substitute passed; Yea 119, Nay 3, Absent 3

  8. Nonconcurred with amendments; Conference Committee requested; appointed Sen. Beverly Gossage, Sen. William Clifford and Sen. Cindy Holscher

  9. Committee of the Whole - Committee Report be adopted recommending substitute bill be passed

  10. Committee of the Whole - Substitute bill be passed

  11. Committee Report recommending substitute bill be passed by House Committee on Health and Human Services

  12. Received and Introduced

  13. Referred to House Committee on Health and Human Services

  14. Final Action - Passed as amended; Yea 39, Nay 1

  15. Committee of the Whole - Committee Report be adopted

  16. Committee of the Whole - Be passed as amended

  17. Committee Report recommending bill be passed as amended by Senate Committee on Public Health and Welfare

  18. Referred to Senate Committee on Public Health and Welfare

  19. Introduced

Sponsors

  • Committee on Health and Human Services · Cosponsor
  • Committee on Public Health and Welfare · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 163 not signed on

Sponsors (1)

  • Committee on Public Health and Welfare

Co-sponsors (1)

  • Committee on Health and Human Services

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors SB 126?
SB 126 is sponsored by Committee on Health and Human Services and Committee on Public Health and Welfare.
What is the current status of SB 126?
This bill has been enacted into law. Introduced January 30, 2025. Enacted.
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