SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2751
As Amended by Senate Committee on Public
Health and Welfare

Brief*
HB 2751, as amended, would permit the Secretary for
Aging and Disability Services (Secretary) to waive a
requirement of the rules and regulations related to licensing
of disability services in certain circumstances, would include a
definition for “day service provider” as it relates to criminal
history record checks, and would require notices to licensees
include information on appeals available under the Kansas
Administrative Procedure Act (KAPA) and the Kansas Judicial
Review Act (KJRA).
The bill would also make technical amendments.

Waivers of Adopted Rules and Regulations
The bill would allow the Secretary to grant a waiver for
disability service provider licenses for a violation of rules and
regulations if the waiver is in the public interest and would not
detrimentally affect the life, safety, health, or welfare of any
person receiving care or treatment in a licensed center,
facility, or hospital, or an individual receiving services from a
licensed provider.

Criminal History Record Checks
The bill would require persons who meet the definition of
“day service provider” to have a criminal history record check
____________________
*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
completed and could be disqualified from employment based
upon their criminal history record check.
The term “day service provider” would mean a provider
of day support services for development in self-help, social,
recreational, and work skills for adults with intellectual or
developmental disabilities that is licensed by the Department
for Aging and Disability Services (KDADS) or a separate and
distinct dedicated division of a provider of day support
services for development in self-help, social, recreational, and
work skills for adults with intellectual or developmental
disabilities licensed by KDADS.

Licensing Failure to Comply
Whenever a failure to comply with requirements,
standards, or adopted rules and regulations is found, the bill
would permit the licensing agency to make an order denying,
conditioning, restricting, suspending, or revoking the disability
service provider license after issuing a notice and opportunity
for a hearing in accordance with KAPA. [Note: Current law
requires the licensing agency to issue an order denying,
suspending, or revoking the license of a disability service
provider when a substantial failure to comply with
requirements, standards, or rules and regulations is found.]
The bill would also provide for a person to appeal an
order made on a license. “Person” would be defined as any
person:
● Who is an applicant for a license or who is the
licensee and who has any direct or indirect
ownership interest of 25 percent or more in the
center, facility, or hospital; or
● Who is the owner, in whole or in part, of any
mortgage, deed of trust, note, or other obligation
secured, in whole or in part, by the center, facility,
or hospital; or

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 ● Who, if the center, facility, hospital, or provider is
organized as a corporation, is an officer or director
of the corporation, or who, if the facility is
organized as a partnership, is a partner.
Notice of Appeal
Current law provides for, if it is found upon reinspection
that a licensee has not corrected the deficiency or
deficiencies specified in the correction order, the Secretary
may assess a civil penalty, and a written notice of
assessment would be served upon the licensee. The bill
would require that when a licensee is issued a written notice
of assessment, the licensee would be notified of the
opportunity to be heard under KAPA and that an appeal of an
administrative order may be made to the district court, in
accordance with the provisions of KJRA.
Civil Penalty
The bill would require that a licensee has ten days to
appeal a civil penalty assessment after receiving written
notice of assessment. The licensee would be required to file a
written notice of appeal with the Office of Administrative
Hearings (OAH) specifying why the civil penalty should not be
assessed. However, the filing of a notice of appeal would not
stay the payment of a civil penalty. OAH would be required to
have a hearing on the notice of appeal. If OAH finds in favor
of the appellant licensee and the Secretary affirms the initial
order, the civil penalty would be refunded to the appellant
licensee. Either party would be permitted to file an appeal on
the final order to the District Court in accordance with KJRA.

Background
The bill was introduced in the House Committee on
Health and Human Services at the request of Representative
Haswood on behalf of KDADS.
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House Committee on Health and Human Services
In the House Committee hearing on February 12, 2024,
a representative of KDADS provided proponent testimony,
generally stating that the bill would provide additional
remedies regarding licensure. A representative of Goodwill
Industries of Kansas testified in support of the bill in general,
but expressed concern regarding the criminal history records
check, as Goodwill Industries of Kansas is a second-chance
employer.
Written-only proponent testimony was provided by a
representative of InterHab.
No other testimony was provided.
The House Committee amended the bill to add a
definition for “day service provider.”

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 13, 2024,
proponent testimony was provided by a representative of
KDADS, who generally stated the bill would add the ability to
place a condition or restriction on a license, add the
Secretary’s authority to waive a regulatory requirement when
health, safety, or welfare would not be jeopardized by the
waiver, and clarify that KAPA and KJRA processes apply for
all remedies. The KDADS representative presented a
proposed amendment agreed to by Goodwill Industries of
Kansas and InterHab that would replace the definition of “day
service provider.” Goodwill Industries of Kansas testified in
support of the bill but expressed concern with the definition of
“day service provider,” noting the amendment proposed by
KDADS would resolve the concern and allow its day services
operations to resume in an integrated employment setting
that benefits individuals with intellectual and developmental
disabilities.

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 Written-only proponent testimony was provided by
InterHab.
No other testimony was provided.
The Senate Committee amended the definition of “day
service provider.”

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration states enactment of the bill could increase the
number of cases filed in district courts because it would allow
for either party to appeal the final order under KJRA, which
would increase the time spent by district court judicial and
nonjudicial personnel in processing, researching, and hearing
cases. However, an accurate estimate of the fiscal effect on
expenditures by the Judicial Branch cannot be given until the
courts have had an opportunity to operate under the
provisions of the bill. The bill would not have a fiscal effect on
revenues to the Judicial Branch, but enactment of the bill
could result in the collection of docket fees and civil penalties
in cases filed under the provisions of the bill, which would be
deposited in the State General Fund.
According to the State Fire Marshal, KDADS, and OAH,
enactment of the bill would have no fiscal effect on the
respective agencies. Any fiscal effect associated with the bill
is not reflected in The FY 2025 Governor’s Budget Report.
Kansas Department for Aging and Disability Services; licensing; disability services;
day service provider; criminal history record checks; Kansas Administrative
Procedure Act


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Statutes affected:
As introduced: 39-2004, 39-2013, 39-2016
As Amended by House Committee: 39-2004, 39-2009, 39-2013, 39-2016
As Amended by Senate Committee: 39-2004, 39-2009, 39-2013, 39-2016