The hearing on HB2509 was opened.
Carly Choi, Revisor of Statutes, provided a review of HB2509 (Attachment 1).
Ms. Choi responded to questions from the committee.
Rachelle Colombo, Executive Director, Kansas Medical Society, provided testimony in support of HB2509 (Attachment 2). The bill would amend provisions of the Healthcare Stabilization Fund (Fund) to add two categories of nurse practitioners to the list of healthcare providers who are required to maintain professional liability insurance as a condition of providing professional clinical services in Kansas. A brief history of why the Fund was created was provided to the committee. The Fund serves two purposes: insuring that there is a reliable source of professional liability insurance for healthcare providers, as well as, providing a guaranteed source of monetary recovery for patients who are injured as a result of medical malpractice. The Fund has provided tremendous benefit to both patients and healthcare providers. Currently, only two of the four categories of advanced practice nurses licensed in Kansas are required to comply with the provisions of the Fund, nurse anesthetists and nurse midwives. When the legislature granted APRNs the authority to independently prescribe drugs and durable medical devices in 2022, the legislature also required them to maintain malpractice insurance, but it did not mandate a minimum level of coverage. This bill would make the minimum coverage requirements for all APRNs consistent with that of all other healthcare providers participating in the Fund.
Ms. Colombo responded to questions from the committee.
The following provide written only proponent testimony:
Travis Oiler, Executive Director, Kansas Chiropractic Association (Attachment 3)
Dustin Baker, President, Kansas Advanced Practice Registered Nurse Association, provided testimony in opposition of HB2509 (Attachment 4). Today, APRNs in Kansas are required to obtain and maintain malpractice insurance coverage as a condition to practice. Finding coverage for APRNs today is simply not as difficult as it was. Concerns with the Healthcare Stabilization Fund and proposed language in the bill were provided to the committee. Kansas APRNs would respectfully ask the committee to contest the current bill as written. A more comprehensive review to clarify eligibility or consideration of additional amendments to the Kansas KCSF should be considered.
Mr. Baker responded to questions from the committee.
The following provided written only opposition testimony:
Kelly Fritz, Private Citizen (Attachment 5)
Susan Hofmann, Private Citizen (Attachment 6)
Clark Shultz, Executive Director, Health Care Stabilization Fund (HCSF), provided neutral testimony on HB2509 (Attachment 7). The HCSF was created to provide supplemental coverage above the primary coverage purchased by healthcare providers. Currently coverage is provided for 22,790 health care providers who serve the healthcare needs of Kansans. During the fiscal year ending June30, 2025, the FUND was able to close 556 claims and paid over $31,668,947. Kansas is in the top 5 states in liability insurance rates with the least expensive annual malpractice liability insurance rates.
Mr. Shultz responded to questions from the committee.
The hearing on HB2509 was closed.