SESSION OF 2022
SUPPLEMENTAL NOTE ON SUBSTITUTE FOR HOUSE
BILL NO. 2281
As Recommended by House Committee on
Health and Human Services

Brief*
Sub. for HB 2281 would create the Living, Investing in
Values, and Ending Suicide (LIVES) Act (Act). The Act would
implement the established 988 Suicide Prevention and
Mental Health Crisis Hotline (Hotline) in Kansas. The bill
would outline the responsibilities of the Kansas Department
for Aging and Disability Services (KDADS), Hotline centers,
and service providers. The bill would also impose the 988 fee
on telecommunications and other voice service. The bill
would establish the 988 Suicide Prevention and Mental
Health Crisis Hotline Fund (Hotline Fund) and direct, in
addition to the established 988 fees, State General Fund
moneys to be transferred to the Hotline Fund. Additionally, the
bill would provide certain protections from liability for service
providers, prohibit the imposition of 988 fees other than those
established by the bill, create the 988 Coordinating Council
(Council), and require an annual report from the Council to
select Legislative standing committees.

Definitions (Section 2)
The bill would define terms used in the Act, including:
● “Crisis-receiving and stabilization services” would
mean short-term services with capacity for
diagnosis, initial management, observation, crisis
stabilization, and follow-up referral services;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● “Hotline” would mean the 988 Suicide Prevention
and Mental Health Crisis Hotline or its successor
maintained by the federal Assistant Secretary for
Mental Health and Substance Use;
● “Hotline center” would mean a 988 Suicide
Prevention and Mental Health Crisis Hotline center,
designated by KDADS, participating in the National
Suicide Prevention Lifeline network to respond to
statewide or regional 988 calls;
● “Mobile crisis team” would mean a team of
behavioral health professionals and peers that
provide professional, community-based, crisis
intervention services, including, but not limited to,
de-escalation and stabilization for individuals who
are experiencing a behavioral health crisis. Such
services are separate and distinct from 911
emergency responses of emergency medical
services or law enforcement; and
● “NSPL” would mean the National Suicide
Prevention Lifeline, the national network of local,
certified crisis centers that provide free and
confidential emotional support to people in suicidal
crisis or emotional distress 24 hours per day, 7
days per week.
Responsibilities of KDADS, Hotline Centers, and Service
Providers (Section 3)
KDADS
In accordance with provisions of 47 CFR §52.200, the
bill would require KDADS, prior to July 16, 2022, to:
● Designate a Hotline center or network of centers to
provide crisis intervention services and care

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 coordination to individuals accessing the Hotline 24
hours per day, 7 days per week;
● Create a system for information sharing and
communication between crisis and emergency
response systems and Hotline centers for the
purpose of real-time crisis care coordination
including, but not limited to, deployment of crisis
and outgoing services specific to a crisis response
of 911 emergency responders when necessary;
● Convene mobile crisis teams;
● Develop guidelines for deploying services,
including mobile crisis teams, coordinating access
to crisis-receiving and stabilization services or
other local resources as appropriate, and providing
referrals and follow-ups;
● Coordinate consistent public messaging regarding
the Hotline with NSPL, KDADS, and the U.S.
Department of Veterans Affairs (VA);
● Require training as established by NSPL for Hotline
center staff for servicing, or transferring to
appropriate specialized centers, high-risk and
specialized populations identified by the U.S.
Substance Abuse and Mental Health Services
Administration (SAMHSA);
● Work with the Kansas Department of Health and
Environment (KDHE) and KanCare managed care
organizations (MCOs) to develop plans for
payment for KanCare members and uninsured
services;
● Create an advisory board to provide guidance to
the Secretary for Aging and Disability Services
(Secretary), gather feedback, and make
recommendations for Hotline centers, local

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 counties, and municipalities regarding the planning
and implementation of the Hotline;
● Hire a statewide suicide prevention coordinator;
and
● Adopt rules and regulations to implement the
provisions of the Act.
The bill would require KDADS, after July 16, 2022, to:
● Consult with the advisory board created by the bill
to provide guidance to the Secretary, gather
feedback, and make recommendations for Hotline
centers, local counties, and municipalities
regarding usage and services provided in response
to calls to the Hotline centers;
● Fund any uninsured services provided in response
to the Hotline if an individual receiving the services
is uninsured or the services or facility are not
covered by an individual’s insurance; and
● At the beginning of each legislative session, submit
an annual report of the Hotline’s usage and
services provided in response to calls to the
Hotline centers to the House Committee on Health
and Human Services and the Senate Committee
on Public Health and Welfare, or any successor
committees.
Hotline Centers
The bill would require the Hotline centers, prior to July
16, 2022, to:
● Establish an agreement with NSPL for participation
within the network of crisis centers;


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 ● Meet any training requirements for Hotline center
staff established by NSPL or KDADS;
● Enter into memorandums of understanding with
local service providers to be deployed according to
KDADS guidelines;
● Coordinate access to crisis-receiving and
stabilization services or other local resources as
appropriate according to KDADS guidelines;
● Provide referrals and follow-ups according to
KDADS guidelines;
● Work with the VA to route calls from self-
designated veterans for the provision of Veterans
Crisis Line (VCL) services; and
● Meet any Hotline center provisions required to be
met after July 16, 2022, if the Hotline center has
the capacity to meet such provisions prior to such
date.
The bill would require Hotline centers, after July 16,
2022, to:
● Receive all calls initiated by a service user dialing
988 from service providers;
● Deploy crisis services, including mobile crisis
teams, according to KDADS guidelines;
● Coordinate access to crisis-receiving and
stabilization services or other local resources as
appropriate according to KDADS guidelines;
● Provide referrals and follow-ups according to
KDADS guidelines;
● Continue to meet training requirements established
by NSPL and KDADS; and
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 ● Continue to work with the VA to route calls from
self-designated veterans for the provision of VCL
services.
Service Providers
The bill would require service providers, on and after
July 1, 2022, to collect fees and remit such fees to the
Hotline Fund, established pursuant to Section 7 of the bill.
The bill would require service providers, prior to July 16,
2022, to:
● Establish 988 as the unique number for suicide
prevention and mental health crisis;
● Transmit all calls initiated by a service user dialing
988 to the current toll-free access number for
NSPL;
● Complete all changes necessary to implement the
designation of the 988 dialing code; and
● Establish a system for collecting fees and remitting
such fees to the Hotline Fund.
The bill would require service providers, after July 16,
2022, to direct all calls initiated by a user dialing 988 to
Hotline centers.

Liability Protection (Section 4)
The bill would provide that each service provider and
seller, and employees, agents, suppliers, and subcontractors
of each service provider and seller, would not be liable for the
payment of damages resulting directly or indirectly from the
total or partial failure of any transmission to an emergency
communication service or for damages resulting from the
performance of installing, maintaining, or providing 988
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service, except as provided by the Kansas Tort Claims Act
and for action or inaction that constitutes gross negligence or
willful and wanton misconduct.

Monthly Fee Per Subscriber Account (Section 5)
Fee Collection
The bill would create a 988 fee in the amount of $0.20
per month per subscriber account of any of the following
service providers:
● Exchange telecommunications service;
● Wireless telecommunications service;
● Voice over Internet Protocol (VoIP) service; or
● Other voice service capable of contacting a Hotline
center.
The 988 fee described in this section of the bill would
not be imposed on prepaid wireless service. [Note: See
Section 6 for the fee imposed on prepaid wireless service.]
Billed service users would be liable for the 988 fee until
paid to the service provider. The bill would require such
service providers to collect the 988 fees. Such fees would be
added to and could be separately stated in billings for the
subscriber account. If such fee is separately stated in billings,
the fee would be labeled “988 fee.” A service provider could
combine the 988 fee with the 911 fee into a single fee to be
collected from the consumer. If the fees were combined, they
would have to be identified as the “911/988 fee” in billings for
the subscriber account. If the service provider elects to collect
one combined fee, such provider would be required to report
to the Department of Revenue (Department) on a form
prescribed by the Secretary of Revenue the respective
amounts attributable to the 988 fee and the 911 fee.
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 The provider would be required to provide annually to
the Department a list of the amount of uncollected fees and
the names and addresses of service users that carry unpaid
fee balances.
Fee Remittance
The bill would require the fees to be collected monthly
and remitted to the Department not more than 15 days after
the close of the calendar month. On or before the 15th day of
each following calendar month, a provider would be required
to file a return for the preceding month with the Department
and deliver the return, with the fee remittance, to the
Department. The provider would be required to maintain
records of the amount of fees collected for a period of three
years from the time of collection.
The Department would be required to remit the 988 fees
for deposit to the credit of the Hotline Fund.
Limitation on 988 Fee
The bill would prohibit any 988 funding obligation other
than that imposed by the bill with respect to service providers.
The state, any political subdivision of the state, or any
intergovernmental agency would be prohibited from imposing
a tax, fee, surcharge, or other charge for 988 funding
purposes on any provider or consumer with respect to the
sale, purchase, use, or provision of exchange
telecommunications service, wireless telecommunications
service, VoIP service, or other voice service.

Prepaid Wireless 988 Fee (Section 6)
The bill would impose a prepaid wireless 988 fee of 0.4
percent per retail transaction for prepaid wireless service in
Kansas. The prepaid wireless fee would be collected by the
seller from the consumer. The bill would allow the amount of

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the prepaid wireless fee to be separately stated on an
invoice, receipt, or other similar document provided to the
consumer. If such fee is stated separately on the documents
provided to the consumer, the fee would have to be labeled
“988 fee.”
The bill would clarify:
● What retail transactions would be treated as
occurring in Kansas;
● Consumer liability for the prepaid wireless fee;
● The sellers’ options for collecting combined prepaid
wireless 911 fees and prepaid 988 fees into a
single fee identified to the consumer as the
“911/988 fee” on the invoice, receipt, or similar
document and reported to the Department so as to
identify the respective amounts of each fee;
● Procedures concerning:
○ Payment and remittance of the prepaid
wireless fees;
○ Department audits; and
○ Documentation for non-retail sales.
The Department would be required to remit the 988 fees
for deposit to the credit of the Hotline Fund.
Limitation on Prepaid Wireless 988 Fee
The bill would require the prepaid wireless 988 fee
imposed by this section of the bill to be the only 988 funding
obligation imposed on prepaid wireless telecommunications
service in this state. The State, any political subdivision of the
State, or any intergovernmental agency would be prohibited
from imposing a tax, fee, surcharge, or other charge for 988
funding purposes on any provider or consumer with respect

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to the sale, purchase, use, or provision of prepaid wireless
telecommunications service.
Definitions Applicable to Section 6
The bill would define “consumer,” “prepaid wireless
service,” “retail transaction,” and “seller” to mean the same as
in KSA 2020 Supp. 12-5363, except “seller” would also
include a marketplace facilitator, as defined in KSA 2021
Supp. 79-5601.

988 Suicide Prevention and Mental Health Crisis Hotline
Fund (Section 7)
The bill would establish in the State Treasury the Hotline
Fund to be administered by the Secretary for Aging and
Disability Services (Secretary). The bill would require the
Department to remit all 988 fees, which would be deposited to
the credit of the Hotline Fund.
The bill would stipulate moneys from revenue generated
from 988 fees and amounts received from any public or
private entity for the purposes of the Hotline Fund would be
credited to the Hotline Fund.
The bill would require, on or before the 10th of each
month, the Director of Accounts and Reports to transfer from
the State General Fund to the Hotline Fund interest earnings
based on the average daily balance of moneys in the Hotline
Fund for the preceding month and the net earnings rate of the
Pooled Money Investment Portfolio for the preceding month.
The bill would require moneys credited to the Hotline
Fund to be used only to pay expenses that are reasonably
attributed to:
● Ensuring the efficient and effective routing of calls
made to the Hotline to an appropriate crisis center;
and
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 ● Personnel, the provision of acute mental health,
crisis outreach and stabilization services by directly
responding to the Hotline, public promotion, data
collection, and reporting.
The bill would mandate that moneys in the Hotline Fund
would be used for the purposes set forth in the bill and for no
other governmental purposes.
On July 1, 2022, and on each July 1 thereafter, the
Director of Accounts and Reports would be required to
transfer $3.0 million from the State General Fund to the
Hotline Fund. The transfers would be demand transfers from
the State General Fund.

Annual Report to the Legislature (Section 8)
On or before the first day of each regular session of the
Legislature, the Secretary would be required to submit a
report to the House Committees on Appropriations; Energy,
Utilities and Telecommunications; and Health and Human
Services and the Senate Committees on Ways and Means;
Utilities; and Public Health and Welfare, or any successor
committees, detailing outcomes related to implementation of
the Hotline in Kansas. The report would be required to
include, but not be limited to, key performance indicators.

Hotline Number of Student Identification Cards
(Section 9)
The bill would encourage each school district that issues
student identification cards to students in grades 6 through 12
to include on such identification cards the 988 Hotline
number, or if the Hotline is not in operation, then a local,
state, or national suicide prevention hotline telephone
number.


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988 Coordinating Council (Section 10)
Purpo