SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2325
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2325, as amended, would amend the Health Care
Provider Insurance Availability Act to add certain maternity
centers to the definition of “health care provider” and to add
facilities where elective abortions are performed to the list of
entities that are not health care providers as defined in the
bill, which would make such facilities ineligible to purchase
professional liability insurance from the Health Care
Stabilization Fund (Fund).
The bill would require a maternity center participating in
the Fund (professional liability coverage) to have
accreditation by the Commission for Accreditation of Birth
Centers and meet the licensure definition for maternity center
(KSA 65-503). [Note: Under this licensure definition, a
“maternity center” is a facility that provides delivery services
for normal, uncomplicated pregnancies but does not include a
medical care facility, as defined by KSA 65-425.]
The bill would also make technical amendments to
reorganize provisions listing professionals and facilities
subject to the requirement of participation in the Fund.
The bill would require that facilities where elective
abortions are performed would be ineligible to purchase
professional liability insurance from the Fund. The facilities
would need to maintain continuous professional liability
insurance coverage equivalent to that provided by the Fund
as a condition of licensure and to submit satisfactory proof of
____________________
*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
such coverage to the Fund’s Board of Governors, which
administers the Fund and advises the appropriate licensing
and disciplinary authorities regarding the qualifications of
healthcare providers.

Background
The bill was introduced by the House Committee on
Insurance at the request of Representative Proctor.
[Note: The bill, as introduced, would codify a budget
proviso included in Section 15 of the 2022 Omnibus
Appropriations Bill (HB 2510).]
The bill was referred to the Senate Committee on Public
Health and Welfare, which amended the bill to add the
contents of SB 219, as recommended by the Senate
Committee on Public Health and Welfare.
SB 219 was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator Erickson.
SB 219 was referred to the Senate Committee on Public
Health and Welfare. The bill was passed by the Senate
Committee of the Whole on February 22, 2023, as
recommended by the Senate Committee on Public Health
and Welfare. The bill was referred to the House Committee
on Health and Human Services, but the House Committee
took no action on the bill.

HB 2325 Add Certain Maternity Centers to the Definition
of Health Care Provider
House Committee on Insurance
In the House Committee hearing on February 15, 2023,
proponent testimony was provided by the Chief Executive
Officer and Co-founder of New Birth Company and an
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account executive with HUB Mid-America who has worked to
help the birth center to secure professional liability insurance
coverage. The conferees spoke to the challenges in securing
affordable malpractice insurance and indicated the bill would
provide vital access to a birth affirming facility service for
KanCare members and Kansas families.
Neutral testimony was provided by the Executive
Director of the Fund’s Board of Governors, who indicated that
current law allows maternity centers organized as
professional corporations to be included as defined “health
care providers.” The bill would provide an additional avenue
for a maternity center that is not organized as a professional
corporation.
The House Committee amended the bill to require
maternity centers to meet two criteria, rather than one of the
criteria.
Senate Committee on Public Health and Welfare
In the Senate Committee meeting on March 15, 2023,
proponent testimony was provided by the Chief Executive
Officer and Co-founder of New Birth Company and an
account executive with HUB Mid-America who worked to help
secure liability coverage for the stand-alone birthing center.
The proponents noted the difficulty in securing affordable
malpractice insurance and indicated the bill would ensure
needed access to life affirming birth facility services.
Neutral testimony was provided by the Executive
Director of the Fund’s Board of Governors substantially
similar to that provided in the House Committee on Insurance
hearing. The Executive Director stated the Board was neutral
on who should be included as a health care provider.
No additional testimony was provided.


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SB 219 Expand List of Facilities Ineligible to Purchase
Professional Liability Insurance from the Health Care
Stabilization Fund
Senate Committee on Public Health and Welfare
In the Senate Committee meeting on February 17, 2023,
Senators Masterson and Steffen and a precinct
committeewoman provided proponent testimony on the bill,
stating, as a matter of policy, Kansas prohibits taxpayer
funding of abortion. The proponents stated, as a natural
extension of that policy, facilities that perform elective
abortions should not be able to access the Fund, which is a
state resource.
Written-only proponent testimony was provided by
representatives of Kansans for Life and Kansas Family Voice
and 16 private citizens.
Written-only opponent testimony was provided by a
private citizen.

Fiscal Information

HB 2325 Add Certain Maternity Centers to the Definition
of Health Care Provider
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the bill would have no
fiscal effect.

SB 219 Expand List of Facilities Ineligible to Purchase
Professional Liability Insurance from the Health Care
Stabilization Fund
According to the fiscal note prepared by the Division of
the Budget on the bill, the Kansas Insurance Department and

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the Health Care Stabilization Fund (agency) both state
enactment of the bill would have no fiscal effect.
Insurance; Health Care Provider Insurance Availability Act; defined health care
providers; professional liability insurance; maternity centers; Health Care
Stabilization Fund; ineligible health care providers; elective abortion facilities


5- 2325


Statutes affected:
As introduced: 40-3401, 39-923, 75-6102
As Amended by House Committee: 40-3401, 39-923, 75-6102
As Amended by Senate Committee: 40-3401, 39-923, 75-6102, 40-3403a
Enrolled: 40-3401, 40-3403a, 39-923, 75-6102