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 10, 2023


The Honorable Beverly Gossage, Chairperson
Senate Committee on Public Health and Welfare
300 SW 10th Avenue, Room 142-S
Topeka, Kansas 66612
Dear Senator Gossage:
SUBJECT: Fiscal Note for SB 191 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 191 is
respectfully submitted to your committee.
SB 191 would require an administrator or operator of any adult residential care facility to
provide a notice to a resident when they are being involuntarily discharged from the facility. The
bill specifies the elements that would be included in the notice and the timeframes for the resident
to receive the notice. For an involuntary discharge, the resident would have to receive written
notice at least 30 days before the date of the proposed transfer or discharge unless the safety of
other individuals in the facility would be endangered or the resident’s medical needs require an
immediate transfer. The bill would also allow the resident, or their representative, to appeal the
involuntary transfer or discharge to the Secretary of the Kansas Department for Aging and
Disability Services (KDADS) by filing a notice with the Office of Administrative Hearings (OAH)
within 15 days of the date of the notice. The Administrative Hearing Officer would hold a hearing
within 30 days of the notice of appeal. While the appeal is in process, the facility would not be
allowed to discharge the resident. The bill would create a similar process for appeals and required
notification to residents in cases of an emergency transfer or discharge from an adult residential
care facility. In the case of an emergency discharge or transfer, a resident’s appeal would be filed
with seven days and the OAH must hold a hearing within 14 days of receiving the notice of appeal.
If a resident was already discharged due to an emergency, the bill would require the facility to hold
a space for that resident until any appeal process is concluded.
KDADS would be required to create a form for all adult residential care facilities to use for
involuntary transfers or discharges with required information specified in the bill. The bill would
require facility administrators or operators to provide KDADS a copy of any proposed emergency
transfer or discharge. KDADS would have two days to provide written notice to the facility about
whether the notice complies with the requirements for an emergency discharge.
The Honorable Beverly Gossage, Chairperson
Page 2—SB 191

Estimated State Fiscal Effect
FY 2023 FY 2023 FY 2024 FY 2024
SGF All Funds SGF All Funds
Revenue -- -- -- --
Expenditure -- -- $487,990 $487,990
FTE Pos. -- -- -- 4.00
KDADS indicates that SB 191 would increase expenditures by $487,990 from the State
General Fund for salaries to fill an additional 2.00 FTE Attorney positions, 1.00 FTE Legal
Assistant position, 1.00 FTE Registered Nurse position, and for contractual services with the OAH.
The additional positions would be needed in KDADS because the bill would require KDADS to
be involved in disputes between residents and adult residential care facilities and to evaluate
notifications of emergency discharge and transfer within required timelines based on forms
submitted from facility administrators and operators and appeals from residents after being
transferred or discharged in emergency situations. KDADS estimates there would be between 10
and 15 requests for review of discharge or transfer requirements or appeals per month.
The OAH indicates it would have to implement an expedited hearing process due to the
requirement that the hearing be held within in certain period of time and there being no provision
allowing for a continuance of the hearing. Furthermore, the decision(s) to be rendered would be
issued within a shortened period of time. This would require dedicated docket space and
Administrative Law Judge time to accommodate the requirements of the bill. Although it is
anticipated that there could be a larger influx of cases at the outset due to the awareness, the
assumption is that the number of overall cases would be less than what the OAH currently handles
concerning involuntary transfer or discharge from a nursing facility. Therefore, it is presumed that
OAH would be able to absorb the increased caseload within the current OAH framework.
The Office of Judicial Administration indicates the bill would have a negligible fiscal effect
on Judicial Branch expenditures and revenues. Any fiscal effect associated with SB 191 is not
reflected in The FY 2024 Governor’s Budget Report.


Sincerely,

Adam Proffitt
Director of the Budget

cc: Leigh Keck, Department for Aging & Disability Services