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Minutes for HB2751 - Committee on Health and Human Services
Short Title
Authorizing the Kansas department for aging and disability services to condition or restrict a disability service provider license, granting the secretary authority to grant regulation waivers unrelated to health and safety and authorizing correction orders and civil fines to be appealed to the secretary.
Minutes Content for Mon, Feb 12, 2024
Jenna Moyer. Revisor of Statutes, provided an overview of HB2751.
Lacey Hunter, Commissioner, Survey, Certification and Credentialing, Kansas Department for Aging and Disability Services (KDADS), provided testimony in support of HB2751 (Attachment 1). KDADS requested the bill to address a gap in the statutory authority of the Secretary of KDADS under the Kansas Administrative Procedures Act (KAPA) as part of the agency regulatory authority. When reviewing the process for the implementing regulations for the Crisis Intervention Centers (CIC), the Attorney General's Office noted that KDADS lacks rules and regulations authority in K.S.A. 59-29c01 et seq. KDADS lacks legal remedies in its licensing statute that most licensing agencies have. The legal remedies do not connect with KAPA and appeals through the Kansas Judicial Review Act (KJRA). Currently KDADS can assess a fine on a licensed provider, but must file a case in district court to enforce the fine if it is unpaid. The same is true for correction orders and corrective action plans. In HB2751 KDADS is requesting to add the ability to place a condition or restriction on a license, add the Secretary's authority to waive a regulatory requirement that would not be jeopardized by the waiver, and clarify that KAPA and the KJRA process applies to all remedies. KDADS is seeking waiver authority in line with other licensing agencies. Authorities exist in some sets of regulations that were transferred from KDHE and Social and Rehabilitation Services under ERO 41. The Secretary's authority to waive regulatory requirements must be granted by the Legislature to allow reasonable waivers for regulatory requirements that prevent unreasonable costs or burden without imposing health, safety or welfare concerns for residents. HB2751 cleans up language from previous agency reorganizations that impact the statutory authority provided to KDADS and the Secretary of KDADS. KDADS will be reviewing all of its rules and regulations as part of the 5-year cycle required under statute.
Ms. Hunter responded to questions from the committee.
Chris Stanyer, Chief Mission Officer, Goodwill Industries of Kansas, provided testimony in support of HB2751 (Attachment 2). Goodwill Industries utilizes revenue from its retail stores to provide job training and opportunities for individuals with intellectual and developmental disabilities and other barriers of employment. Due to unintentional restrictions created by K.S.A. 39-2009, Goodwill has been asked to suspend day services in its Newton and Hutchinson locations. KDADS is not in favor of suspending these services and the bill will allow revision of the statute and allow Goodwill to continue providing these services for IDD individuals.
The following provided written only testimony in support of the bill:
Matt Fletcher, Executive Director, InterHab (Attachment 3)
The hearing on HB2751 was closed.
