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Week 7 of the 2026 Session

After a brief break following Turnaround Day on Feb. 19, legislators returned to the Capitol on Tuesday, Feb. 24. While awaiting bills being referred back to committees, many took a pause, but a few bills continued to progress on health-related topics, including interstate compacts for health care providers, applied behavioral analysis services in public schools, scope of work for optometrists, and behavioral health services for juveniles. The House passed its budget bill and the Senate Ways and Means budget bill was on its way to the Senate chamber.

This edition of Health at the Capitol looks at health-related policy issues addressed by the Kansas Legislature the week of Feb. 23.

Health at the Capitol is a weekly summary providing highlights of the Kansas legislative session, with a specific focus on health policy related issues. Sign up here to receive these summaries and more, and also follow KHI on Facebook, X, LinkedIn and Instagram . Previous editions of Health at the Capitol can be found on our ARCHIVE PAGE.

On Friday, Feb. 27, Gov. Laura Kelly announced that the administration has secured an agreement from the U.S. Department of Agriculture (USDA) that Kansans' personal private data will not be shared with foreign governments and complies with state and federal privacy laws related to the Supplemental Nutrition Assistance Program (SNAP). The agreement resolves the appeal filed by the Kansas Department for Children and Families (DCF) after the USDA rejected DCF's Corrective Action Proposal in response to the data request in September 2025. The filing of the appeal prevented the USDA from withholding $10.4 million in administrative funding for SNAP, and the agreement announced on Friday ensures that the USDA will cancel its disallowance letter issued on Aug. 20, 2025, after the data is shared. The state has not lost any SNAP administrative funding.

Senate Committee on Public Health and Welfare
(Sen. Beverly Gossage, Chair) 

On Wednesday, Feb. 25, the Committee held a hearing on House Bill (HB) 2533, which, as amended, would enact the Occupational Therapy Licensure Compact. The bill had previously passed the House on a vote of 121-0 on Feb. 11.

Read testimony submitted by all conferees.

Proponents stated the compact would streamline licensure portability, strengthen the health care workforce and reduce employment barriers for military spouses. There was no neutral or opponent testimony submitted.

The Committee also held a hearing on HB 2534, which, as amended, would enact the Respiratory Care Interstate Compact. The bill had also passed the House on a vote of 121-0 on Feb. 11.

Read testimony submitted by all conferees.

Proponents generally argued that the compact would support workforce mobility and benefit military families by improving licensure portability. There was no neutral or opponent testimony submitted. (Note: As of Feb. 5, 2026, the Compact has been enacted in five states: Alabama, Iowa, Montana, Washington and Wisconsin. The Compact is being considered in 11 states, including Kansas, and will become active once it is enacted by seven stat

On Thursday, Feb. 27, the Committee held a hearing on HB 2557, which would enact the Interstate Compact for the Placement of Children (ICPC) by repealing the existing compact language and replacing it with the updated 2007 version.

Read testimony submitted by all conferees.

Proponent testimony was provided by Rebecca Gerhardt, Director of Permanency and Licensing for DCF. She stated the revised compact would modernize statutory language, increase definitional clarity (expanding from approximately three definitions to 28), remove outdated terminology and improve consistency across states. She noted that the revised compact would add an emphasis on timeliness of placements, allow provisional placements to expedite safe placements while additional checks are completed, and create, for the first time, a third-party appeal process if a proposed placement is denied. She also stated the revised compact would establish enforcement mechanisms, provide a transparent rulemaking process with public comment, and require annual reporting to the Governor and Legislature. She emphasized that if 35 states adopt the revised compact and Kansas has not done so, Kansas would become a non-member state when the current compact is nullified.

There was no neutral or opponent testimony submitted.

Committee members asked questions regarding when the revised compact was first adopted (the Revisor said it has been in place since approximately 2007, with the first states joining in 2008); fiscal note impacts and whether there would be additional judicial branch costs (Gerhardt said they do not anticipate additional costs beyond current participation and would confirm with judicial partners); the discrepancy between requests sent and placements approved (Gerhardt cited factors such as criminal or environmental checks, licensing standards in the receiving state and families opting not to proceed); and whether Kansas would retain sovereignty and the ability to withdraw if the compact no longer served the state's interests (Gerhardt said the compact includes a statutory withdrawal mechanism and that the revised language is consistent with current Kansas practice).

House Committee on Child Welfare and Foster Care
(Rep. Cyndi Howerton, Chair)

On Wednesday, Feb. 25, the Committee met to approve minutes for previous meetings. Chair Howerton then asked members what topics they would like to address during the remaining committee days and noted that since the committee is not an exempt committee it would not be taking action on additional bills unless something is referred. She then stated she did not anticipate additional referrals this session and that remaining work would be informational. She announced that next Wednesday, Mar. 4, there would be an informational hearing on HB 2742, which would enact the Family Rights in Medical Investigations Act to establish requirements for medical professionals reporting suspected child abuse or neglect, require parental notice before a Child Abuse Review and Evaluation (CARE) exam is conducted, and allow parents to request a second medical opinion. For this hearing, the Committee would be hearing from parents and physicians regarding how the CARE exam program is functioning and whether additional safeguards are needed.

Rep. Ford Carr asked whether the Committee could receive information regarding children placed in juvenile detention facilities, including the rules governing treatment and care of youth in custody, and noted that some youth involved in the foster care system may later enter detention. The Chair responded that detention policy primarily falls under the Corrections and Juvenile Justice Committee but stated the Committee could consider reviewing related issues. Following a brief discussion of HB 2329, which would increase cumulative detention limits and criminal penalties for certain juvenile offenders, including those who use a firearm or are repeat offenders, Rep. Carr reiterated interest in examining how detention practices affect youth with foster care involvement or other underlying circumstances. The Chair indicated that the Committee could look further into the matter.

Additional member requests included exploring data on psychotropic medication prescribing among children, particularly those in foster care, reviewing year-over-year trends in foster family recruitment and retention and what agencies are doing to address shortages. The Chair encouraged members to review HB 2742 ahead of the upcoming informational hearing and adjourned the meeting.

House Committee on Taxation
(Rep. Carl Turner, Chair)

On Thursday, Feb. 26, the Committee held a hearing on SB 368, which, as amended by the Senate Committee of the Whole, would enact the Health Care Sharing Ministries Tax Deduction Act, providing a subtraction modification for taxpayers for qualified health care sharing expenses and amount of qualified health care share received by taxpayers. The subtraction modification for health care sharing expenses could not exceed $5,000 for an individual or $10,000 for a married couple filing a joint return.

Read testimony submitted by all conferees.

Proponents, including Sen. Virgil Peck, stated that, for individuals and families that choose health care sharing ministries (HCSMs) rather than health insurance for their health care coverage, the bill will provide similar tax treatment for their expenses, including monthly share payments for medical expenses and administrative fees. Opponents, including a representative of the American Cancer Society Cancer Action Network, argued that HCSMs are unregulated health care products and the bill would be promoting plans that do not include the benefits and services that patients need. There was no neutral testimony presented.

Senate Committee on Education
(Sen. Renee Erickson, Chair)

On Wednesday, Feb. 25, the Committee held a hearing on SB 441, which would enact the Applied Behavior Analysis Services in School Act. The bill would prohibit all school districts from prohibiting a private provider from providing medically necessary behavioral health services during school hours to students. A parent would be required to provide the school district with an evaluation performed and an assessment and treatment plan chosen by the parent that shows that services are necessary during school hours and would have to consent to release information in a manner determined by the school district that would authorize the release of information between the private provider and the school district. The school district also would be required to evaluate the medically necessary behavioral health services to determine how the services can be integrated with the student's schooling.

Read testimony submitted by all conferees.

Proponents, including Sen. Kenny Titus, the Disability Rights Center of Kansas, and many applied behavior analysis (ABA) services providers, parents of children with autism, and teachers, stated that ABA services are medically necessary health care for children with autism and pointed to improvements in emotional regulation, communication skills, vocabulary, attention span, interaction with peers, understanding social norms and participation in classroom activities. They also argued that in-school ABA providers provide needed support for teachers in the classroom and that early and consistent access to ABA services early have been shown to improve long-term outcomes and reduced reliance on more intensive and costly services over time. Finally, they asserted that the federal Americans with Disabilities Act and Section 504 of the Rehabilitation Act require all entities, including school districts, to provide reasonable accommodations for children with autism and SB 441 would eliminate the need for parents to litigate this issue in the courts.

Opponents, including representative of the Kansas Association of School Boards, the Kansas State Board of Education and many school districts and educators, argued that SB 441 ignores the differences between educational and medical settings and raises concerns about the educational impact it will have on teachers, students who are not directly benefiting from the ABA services, educational access and equity, student privacy and parental rights. They also stated that the bill's provisions are in conflict with federal and state special education law processes and interfere with a local school board's ability to fulfill their legal responsibilities to all students, not just those covered by the bill. They noted that the bill intrudes on the authority of a school district to manage their buildings, instructional time for all students when there are medical service providers in the classroom, staffing and daily operation, and raised concerns about potential risk to a school's tax exempt status and the potential for questions regarding improper private use of public assets if they allow a private ABA business to conduct services during the school day using public facilities, utilities and space. Finally, they stressed that public schools are federally obligated under the Individuals with Disabilities Education Act to provide a free appropriate public education through individualized education programs (IEPs), and SB 441 would prohibit districts from limiting private ABA services during the school day, even if those services conflict with or disrupt a student's IEP or instructional programming.

Neutral conferees, including a representative of the Kansas State Department of Education (KSDE), expressed support for ensuring that students with autism have access to medically necessary supports that help them succeed both academically and socially but encouraged the Committee to consider how the bill will function along with existing federal law and established school-based processes. The KSDE representative specifically noted that KSDE does not have sufficient staff to provide dispute resolution services as called for in the bill and that KSDE staff who currently provide dispute resolution services for special education are funded with federal funds that cannot be used for a state purpose. Therefore, additional funding will be needed as noted in the fiscal note.

Other Bills With Action During Week 7

HB 2223, as amended by the Senate Committee of the Whole, would amend the optometry law regarding scope of practice and make technical and conforming amendments. The House concurred with the Senate amendments on a vote of 98-23 on Thursday, Feb. 26.

HB 2329, as amended by the Senate Committee of the Whole, would authorize a court to sentence juveniles considered chronic offenders, as defined in current law, to a juvenile correctional facility if they are assessed as moderate risk or high risk on a risk and needs assessment. The bill also would direct the Secretary of the Department of Corrections between July 1, 2026, and July 1, 2030, to contract for the use of no less than 35 nor more than 45 non-foster home beds in youth residential facilities, with no more than 15 beds in one facility. The bill would allow the Secretary, on and after July 1, 2030, to contract for the use of not more than 50 non-foster home beds in youth residential facilities. The bill would further direct the Secretary to use available data on juvenile case filings to determine regional need and corresponding allocation of non-foster home beds. The bill would also authorize the Secretary to enter into a memorandum of agreement (MOA) to provide money from the Evidence-Based Program Accounts to additional types of facilities with a program purpose of behavioral health crisis intervention for juveniles. The House nonconcurred with the Senate amendments, requested a Conference Committee. A motion to accede was adopted by the Senate on Wednesday, Feb. 25.

Substitute for HB 2434, making and concerning supplemental appropriations for fiscal year (FY) 2026 and appropriations for FYs 2027 and 2028 for various state agencies. The House Committee of the Whole considered but rejected several amendmentson Wednesday, Feb. 25. The substitute bill was passed on a vote of 68-53 on Thursday, Feb. 26, and referred to the Senate Committee on Ways and Means on Friday, Feb. 27.

Substitute for Senate Bill 315, making and concerning supplemental appropriations for FY 2026 and appropriations for FYs 2027 through 2030 for various state agencies. For FY 2027, the bill provides the following:

• Adds $75.5 million, including $29.3 million in State General Funds (SGFs), for a Medicaid capacity payment for nursing facilities of $20 per resident per day
• Adds $69.5 million, including $26.7 million SGF, to provide a 10.0 percent reimbursement rate increase for providers of Home and Community-Based Services (HCBS) Intellectual/Developmental Disability (I/DD) waiver services
• Adds $56.5 million, including $15.0 million SGF, for the Children's Health Insurance Program (CHIP)
• Adds $49.0 million, including $30.0 million SGF for the HCBS Frail Elderly waiver
• Adds $22.0 million, including $20.0 million SGF, for first year operations at the South Central Regional Mental Health Hospital
• Adds $12.0 million SGF for contract staffing
• Adds $10.0 million SGF for hospitals providing inpatient behavioral health services for adults
• Adds $8.7 million, including $3.0 million SGF, for the HCBS Brain Injury Waiver
• Adds $8.1 million, including $3.2 million SGF, to increase the physical disability agency-directed personal care services rate to $23 per hour and increase the frail elderly personal care services level 1 and 2 rate to $31 per hour
• Adds $7.0 million, including $2.5 million SGF, for the HCBS Technology Assisted waiver
• Adds $5.0 million SGF to provide funding for individuals who are included in the uninsured, non-Medicaid eligible federal block grant population
• Adds $4.0 million SGF for grants for community mental health centers
• Adds $4.3 million, including $1.9 million SGF, to address the Centers for Medicare and Medicaid Services (CMS)Final Rule (0057-f), which modernizes electronic pharmacy transactions and to address CMS Final Rule (0056-F) to complete system changes with Gainwell pertaining to interoperability of Medicaid data
• Adds $3.5 million, all from federal American Rescue Plan Act (ARPA) funds, for Inclusion Connections
• Adds $3.5millionState Institutions Building Fund (SIBF) to remodel the A building at Adair Acute Care on the campus of Osawatomie State Hospital
• Adds $3.0 million SGF for nutrition services. Adds language requiring expenditures to be distributed proportionally based on the number of meals provided plus the number of individuals on a waitlist and specifying that no less than $5.0 million be disbursed directly to Meals on Wheels service providers
• Adds $3.0 million SIBF to establish a Kids State Hospital
• Adds $1.8 million SGF for workforce development for substance use disorder providers through Mirror, Inc.
• Adds $1.5 million SGF for cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) grants
• Adds $1.0 million in Temporary Assistance for Needy Families (TANF) funds for Kansas Big Brothers Big Sisters
• Adds $1.0 million, all from the Kansas Empowerment for Youth (KEY) fund, and deletes the same amount from the Children's Initiative Fund, to swap funding for the smoking prevention grants
• Deletes $12.1 million in federal funds to reflect the One Big Beautiful Bill Act (OBBBA) reduction in the federal cost share of SNAP administration costs. Adds language that, upon certifying to the State Finance Council that the agency has provided federally requested data to the United States Department of Agriculture (USDA), $12.1 million SGF will be released to the agency to offset the federal funds reduction
• Deletes $1.0 million SGF for counties and hospital reimbursements to bring funding in line with actuals expenditures
• Adopts fall consensus caseload estimate for human services
• Establishes the Office of Early Childhood and authorizes funding and full-time equivalent (FTE) positions to be transferred from the Kansas Department of Health and Environment (KDHE), DCF, and KSDE to this new agency
• Adds language prohibiting the agency from expending any funds (including through entering a contract or making a grant) to assist, provide, perform, promote, counsel towards, or refer for abortions. Additionally, this language includes prohibitions against providing facilities or training for abortions
• Adds language directing DCF to certify to the Division of Budget that DCF has requested and implemented a SNAP healthy foods waiver prior to expending Summer Electronic Benefit Transfer (EBT) "Sun Bucks" administrative funds and adds language that if such certification is not made, $825,000 SGF in the Summer EBT account be lapsed

The bill also adds language to credit interest earned to the SGF for FY 2027-2030. This provision would take effect only when the Budget Stabilization Fund balance reaches 20.0 percent of actual tax receipt revenues in the previous fiscal year. This transfer would be limited to 50.0 percent of the amount of tax-only receipts that exceed Consensus Revenue Estimates. The Senate Committee on Way and Means passed the substitute bill on Feb. 24.

SB 363 would require the Secretary for the DCF to receive and review information concerning individuals and households enrolled in programs for food or medical assistance. The bill also would direct KDHE to submit data to CMS prohibiting certain waivers or exemptions without legislative approval, prohibiting self-attestation for determining eligibility, and requiring quarterly redetermination of eligibility. The bill also would prohibit certain exemptions from work requirements under the food assistance program by raising the age limit for exemptions for able-bodied adults from 40 to 64 and changing the dependent requirement for an exemption to dependents under the age of 14. Time-limited assistance exemptions for the homeless, veterans and young adults aged out of foster care also would be restricted. The bill was rereferred to the Senate Committee on Government Efficiency on Tuesday, Feb. 24, and was amended to:

• Include language regarding KDHE and the Kansas Department for Aging and Disability Services to seek federal approval to establish continuous Medicaid eligibility protections for individuals with intellectual and developmental disabilities who are receiving services under a home and community-based services waiver and exclude these individuals from quarterly redeterminations
• Maintain the Medicaid eligibility standards in effect on June 30, 2026, for certain individuals
• Require quarterly and annual reports to select legislative committees regarding the number of Kansans becoming ineligible for benefits and why they are becoming ineligible

The bill was passed favorably out of committee on Thursday, Feb. 26.