Kansas SB 228: Amending license and renewal application fees for insurance third party administrators.

Bill Text

Session of 2025
SENATE BILL No. 228
By Committee on Ways and Means
2-6
AN ACT concerning health and healthcare; relating to the Kansas
department for aging and disability services; providing for the
regulation of supplemental nursing services agencies and healthcare
worker platforms thereby; creating the supplemental nursing services
agency and healthcare worker platforms regulation fund.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in sections 1 through 4, and amendments thereto:
(a) "Controlling person" means:
(1) A business entity, officer, program administrator or director whose
responsibilities include the direction of the management or policies of a
supplemental nursing services agency; or
(2) a person who, directly or indirectly, beneficially owns an interest
in a corporation, partnership or other business association described in
paragraph (1).
(b) "Healthcare facility" includes any:
(1) Medical care facility, as defined in K.S.A. 65-425, and
amendments thereto; or
(2) adult care home, as defined in K.S.A. 39-923, and amendments
thereto.
(c) "Hospital long-term care unit" means a nursing facility, as defined
in K.S.A. 39-923, and amendments thereto, that is owned and operated by
and a part of a hospital, as defined in K.S.A. 65-425, and amendments
thereto.
(d) "Healthcare personnel" means any individual licensed, registered,
certified or credentialed by the state of Kansas to perform specified health
services acting within the scope of practice as required by law.
(e) "Person" means any natural or artificial person, including, but not
limited to, individuals, corporations, partnerships or other business
associations.
(f) "Secretary" means the secretary for aging and disability services.
(g) (1) "Supplemental nursing services agency" means a person
engaged for hire in the business of providing or procuring temporary
employment of healthcare personnel in healthcare facilities.
(2) "Supplemental nursing services agency" does not include any
individual who only engages in providing such individual's services on a
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temporary basis to healthcare facilities.
(h) "Healthcare worker platform" means an individual, corporation,
partnership or other business association that operates an electronic
platform, system or application on which healthcare personnel who are
independent contractors may be listed as available to serve as a temporary
healthcare personnel in healthcare facilities.
Sec. 2. (a) The secretary shall adopt rules and regulations as
necessary to implement the provisions of sections 1 through 4, and
amendments thereto.
(b) The secretary shall be responsible for the oversight of
supplemental nursing services agencies and healthcare worker platforms
through unannounced surveys, complaint investigations and other actions
necessary to ensure compliance with sections 1 through 4, and
amendments thereto.
(c) The secretary shall establish a system for the reporting of
complaints against supplemental nursing services agencies, healthcare
personnel employed by supplemental nursing services agencies, healthcare
worker platforms and independent contractors serving as temporary
healthcare personnel. Complaints may be made by any member of the
public.
Sec. 3. (a) A person who operates a supplemental nursing services
agency or healthcare worker platform shall register annually with the
secretary. If such supplemental nursing services agency has more than one
business location in Kansas, each such location shall be individually
registered with the secretary.
(b) The secretary shall establish forms and procedures for processing
each supplemental nursing services agency and healthcare worker platform
registration application. An application for a supplemental nursing services
agency and healthcare worker platform registration shall include, but not
be limited to:
(1) The names and addresses of the owner or owners of the
supplemental nursing services agency or healthcare worker platform;
(2) if the owner is a corporation, copies of the corporation's articles of
incorporation and current bylaws, together with the names and addresses
of the corporation's officers and directors;
(3) satisfactory proof of compliance with section 4(a)(1)(E) through
(G), and amendments thereto;
(4) any other relevant information that the secretary determines is
necessary to properly evaluate an application for registration;
(5) a policy and procedure that describes how the supplemental
nursing services agency's or healthcare worker platform's records will be
immediately available at all times to the secretary; and
(6) a registration fee of $2,035.
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(c) If a supplemental nursing services agency or healthcare worker
platform fails to provide the information required by this se