Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 Division of the Budget http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor

February 6, 2023


The Honorable Brenda Landwehr, Chairperson
House Committee on Health and Human Services
300 SW 10th Avenue, Room 112-N
Topeka, Kansas 66612
Dear Representative Landwehr:
SUBJECT: Fiscal Note for HB 2161 by House Committee on Health and Human
Services
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2161 is
respectfully submitted to your committee.
HB 2161 would create the Patient Right to Visitation Act. The bill would make definitions
and establish requirements for in-person visitation in certain circumstances at patient care
facilities. Facilities would be required to establish or revise policies and procedures that comply
with the Act prior to September 1, 2023. The Department of Health and Environment would be
required to provide information on the agency’s website that explains the requirements of the Act
with a link to report complaints against patient care facilities alleging violations.
According to the Kansas Department of Health and Environment and the Kansas
Department for Aging and Disability Services (KDADS), enactment of HB 2161 would not have
a fiscal effect on the operations of either agency. KDADS notes that both agencies are required to
provide regulatory oversight and enforcement of participation standards to providers that
participate in the Medicaid and Medicare programs which are subject to federal requirements. If
provisions of the bill were to come in conflict with federal requirements, the federal share of
provider payments and provider agreements could be at risk.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Amy Penrod, Department of Health & Environment
Leigh Keck, Department for Aging & Disability Services