Bill Summary – FastDemocracy

SESSION OF 2020
 SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
            HOUSE BILL NO. 2396
            As Recommended by Senate Committee on
                         Judiciary

Brief*
      Senate Sub. for HB 2396 would create and amend law
and make appropriations regarding the governmental
response to the 2020 COVID-19 pandemic in Kansas, as
follows.

Coronavirus Relief Funds
     The bill would appropriate the Coronavirus Relief Fund
(CRF) in the Legislative Coordinating Council (LCC) to
provide relief for the effects of coronavirus in the state of
Kansas in both FY 2020 and FY 2021. The bill would transfer
all moneys and obligations upon the current Coronavirus
Relief Fund – Federal Fund of the Office of the Governor into
the newly created fund in the LCC. The bill would also abolish
the current Coronavirus Relief Fund – Federal Fund in the
Office of the Governor.
     Prior to expenditures or transfers from the CRF, Kansas
state agencies would submit expenditure requests to the
Director of the Budget, who would present the requests to the
Legislative Budget Committee (LBC). The LBC would meet
and review each request and make recommendations
regarding the agency requests to the LCC. The expenditures
would be approved upon an affirmative vote of five members
of the LCC. The bill would also permit the LCC to continue
approving such requests during the Legislative Session. If
____________________
*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
approval is granted, the Director of Accounts and Reports
would appropriate any funds necessary and transfer the
moneys in the CRF to either existing or newly appropriated
funds.
      In addition to the CRF funds, the bill would apply the
same approval process described above to any federal funds
received under the federal Coronavirus Aid, Relief, and
Economic Security (CARES) Act, the Families First
Coronavirus Response Act (Families First Act), the Paycheck
Protection Program and Health Care Enhancement Act, and
any other federal law that provides moneys to the state for aid
for coronavirus relief.
     The bill would render the provisions of the 2019 and
2020 appropriations bills that provide general authority for the
Governor to approve expenditure of federal funds as null and
void, as it relates to aid received for the purposes of federal
coronavirus relief.

State of Disaster Emergencies and Kansas Emergency
   Management Act
     The bill would create and amend law related to state of
disaster emergencies and the Kansas Emergency
Management Act (KEMA), including the following provisions.
Ratification and Limitation of 2020 State of Disaster
  Emergencies
     The bill would create a new section of law ratifying the
COVID-19-related state of disaster emergency declared by
the Governor on March 12, 2020, and ratified and continued
by concurrent resolution through May 1, 2020. The bill also
would ratify and continue through May 26, 2020, the state of
disaster emergency declared by the Governor on April 30,
2020, and extended by the State Finance Council through
May 26, 2020.

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     This section also would prohibit the Governor from
proclaiming any new COVID-19-related state of disaster
emergency during 2020, unless the Governor makes specific
application to the State Finance Council and such action is
approved by an affirmative vote of at least six legislative
members.
Closure or Cessation of Business or Commercial Activity
     The bill would create a new section of law applicable
during any state of disaster emergency declared under
KEMA, prohibiting the Governor or any executive officer or
employee of the state of Kansas from ordering the closure or
cessation of any business or commercial activity in response
to any or all conditions necessitating the declared state of
disaster emergency for more than a cumulative total of 15
days in duration during 2020.
     Any order violating or exceeding these restrictions would
not have force and effect of law during the period of a state of
disaster emergency and would be null and void.
      Upon the expiration of any order by the Governor or any
other executive officer or employee of the State of Kansas
requiring the closure or cessation of any business or
commercial activity during a state of disaster emergency
declared under KEMA, the authority to determine whether
such business or commercial activity should be prohibited
from reopening and resuming business or commercial
activities would be vested in local health officials, pursuant to
applicable provisions of Chapter 65, Kansas Statutes
Annotated. In such event, the bill would require any order of
local health officials to be based on local needs and
conditions, and the order would be subject to review and
approval, disapproval, or modification by the applicable board
of county commissioners within three days.
     The provisions of this section would expire on January
1, 2021.

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Amendments to KEMA
      The bill would amend the section of KEMA providing
limitations on its effect to add a provision that nothing in
KEMA shall be construed to authorize the Governor or any
other state officer or employee to order the closure or
cessation of any business or commercial activity in response
to any or all conditions necessitating the declaration of any
state of disaster emergency, except the Governor or other
state officer or employee could order such closure or
cessation for a total period of time not exceeding 15 days
during any declared state of disaster emergency.
    The bill would amend the section of KEMA governing the
powers of the Governor during a state of disaster emergency
to:
     ●    Require orders issued by the Governor to conform
          with the Kansas Constitution and Bill of Rights;
     ●    Remove a provision allowing the Governor to
          suspend or limit the sale, dispensing, or
          transportation of alcoholic beverages, explosives,
          and combustibles;
     ●    Make the Governor’s ability to require and direct
          the cooperation and assistance of state and local
          governmental agencies and officials subject to the
          limitation regarding the closure or cessation of
          business or commercial activity described
          elsewhere in the bill;
     ●    Amend a provision allowing the Governor to
          perform and exercise other functions, powers, and
          duties to specify these must be administrative in
          nature and be exercised in conformity with the
          Kansas Constitution and Bill of Rights; and
     ●    State the Governor shall not have the power or
          authority to temporarily or permanently seize, or
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          authorize seizure of, any ammunition, or to
          suspend or limit the sale, dispensing, or
          transportation of firearms or ammunition pursuant
          to this section’s listing of powers or any other
          executive authority.
     The bill also would make technical amendments to this
section to ensure consistency in statutory references.
Penalty for Violations
      The bill would amend the KEMA section making violation
of KEMA or of any rule and regulation or lawful order or
proclamation made pursuant to it a class A misdemeanor to
require, prior to February 1, 2021, each complaint alleging a
violation of this section be brought or maintained by a county
or district attorney and the Attorney General or by the
Attorney General.

First Responder Notifications
     The bill would create a new section requiring, during a
COVID-19-related state of disaster emergency declared
under KEMA, each county health officer to work with first
responder agencies operating in the county to share
information indicating where a person testing positive for, or
under quarantine or isolation due to, COVID-19 resides or
can be expected to be present. The bill would require the
information include the person’s address and duration of any
quarantine, isolation, or expected recovery period, as
determined by the county health officer, and only be used for
the purpose of allowing the first responders to be alert to the
need for utilizing appropriate personal protective equipment
during the response activity.
     The bill would require the above information be provided
to the 911 call center serving the address provided, and
would limit the 911 call center to disseminating the

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information only to first responders responding to the listed
address.
     The information would not be a public record and would
not be subject to the Kansas Open Records Act (KORA). This
records provision would expire on July 1, 2025, unless the
Legislature reviews and reenacts the provision pursuant to
the applicable section of KORA.

Adult Care Homes
     The bill would create a new section of law requiring the
Kansas Department for Aging and Disability Services
(KDADS) to take the following actions with regard to adult
care homes:
     ●    Promptly, and no later than 30 days following the
          effective date of the bill, make or cause to be made
          infection control inspections;
     ●    Provide the necessary personal protective
          equipment, sanitizing supplies, and testing kits
          appropriate to the needs of each facility on an
          ongoing basis, based upon:
          ○    Current number of residents;
          ○    Current number of full-time and part-time staff
               members;
          ○    Number of residents and staff who have
               tested positive for COVID-19 in the last 14
               days;
          ○    Ability to separate COVID-19 residents from
               non-COVID-19 residents; and
          ○    Any other factors deemed relevant by the
               Secretary for Aging and Disability Services;
               and
     ●    Ensure that infection prevention and control best
          practices and recommendations based upon
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          guidance from the U.S. Centers for Disease
          Control and Prevention and the Kansas
          Department of Health and Environment (KDHE)
          are adopted and made available publicly.
Health Care
Telemedicine
     The bill would create a new section of law addressing
telemedicine, including the following provisions.
     The bill would allow a physician to issue a prescription
or order administration of medication, including a controlled
substance, for a patient, without conducting an in-person
examination of the patient.
     A physician under quarantine, including self-imposed
quarantine, would be allowed to practice telemedicine.
      A physician licensed in another state could practice
telemedicine to treat patients in Kansas, if the physician
advises the Board of Healing Arts (Board) of such practice in
writing and in a manner determined by the Board and the
physician holds an unrestricted license to practice medicine
and surgery in the other state and is not the subject of any
investigation or disciplinary action by the licensing agency.
The Board would be allowed to extend this provision to other
healthcare professionals licensed and regulated by the Board
as deemed necessary by the Board to address the impacts of
COVID-19 and consistent with ensuring patient safety.
     The bill would require a physician practicing
telemedicine under this section to conduct an appropriate
assessment and evaluation of the patient’s current condition
and document the appropriate medical indication for any
prescription issued.

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      The bill would specify this section would not supersede
or otherwise affect the provisions of statutes governing
performance of abortions or prohibition of abortions delivered
via telemedicine.
     The section would define “physician” and “telemedicine.”
The section would expire 120 calendar days after the
expiration or termination of the state of disaster emergency
proclamation issued by the Governor in response to the
COVID-19 public health emergency, or any extension thereof.
Hospitals and Medical Care Facilities
      The bill would create a new section of law regarding
hospital and medical care facility usage, including the
following provisions.
     The section would allow a hospital to admit patients in
excess of its number of licensed beds or inconsistent with its
licensed classification of beds, to the extent the hospital
determines is necessary to treat COVID-19 patients and to
separate COVID-19 patients and non-COVID-19 patients. A
hospital admitting patients in this manner would be required
to notify KDHE as soon as practicable, but prior authorization
would not be required.
      The section would allow a hospital to use non-hospital
space, including off-campus space, to perform COVID-19
testing, triage, quarantine, or patient care, to the extent the
hospital determines is necessary to treat COVID-19 patients
and to separate COVID-19 patients and non-COVID-19
patients. The KDHE could impose reasonable safety
requirements on such use to maximize the availability of
patient care, and non-hospital space used in this manner
would be deemed to meet the requirements of a statute
governing provision of services by a hospital consisting of
more than one establishment. A hospital using non-hospital
space in this manner would be required to notify the KDHE as

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soon as practicable, but prior authorization would not be
required.
     The section would allow a medical care facility to permit
healthcare providers authorized to provide healthcare
services in Kansas to provide healthcare services at such
medical facility without becoming a member of the facility’s
medical staff.
       “Hospital” and “medical care facility” would have the
same meaning as in statutes governing hospital and related
facility licensing, inspection, and regulation.
     The section would expire 120 calendar days after the
expiration or termination of the state of disaster emergency
proclamation issued by the Governor in response to the
COVID-19 public health emergency, or any extension thereof.
Temporary Emergency License
      The bill would create a new section of law allowing the
Board to grant a temporary emergency license to practice any
profession licensed, certified, registered, or regulated by the
Board to an applicant with qualifications the Board deems
sufficient to protect public safety and welfare, within the
scope of professional practice authorized by the temporary
emergency license, for the purpose of preparing for,
responding to, or mitigating any effect of COVID-19.
     The section would expire 120 calendar days after the
expiration or termination of the state of disaster emergency
proclamation issued by the Governor in response to the
COVID-19 public health emergency, or any extension thereof.
Critical Access Hospitals
     The bill would amend the definition of “critical access
hospital” in a statute governing rural health networks to add a
provision stating that, prior to June 30, 2021, to the extent a
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critical access hospital determines is necessary to treat
COVID-19 patients or to separate COVID-19 patients and
non-COVID-19 patients, the hospital would not be limited to
25 beds, and a facility with an approved swing bed
agreement would not be limited to a combined total of 25
extended care and acute care beds or limited to providing
acute inpatient care for a period of time that does not exceed,
on an annual average basis, 96 hours per patient.
     The bill also would make technical amendments to this
statute to ensure consistency in statutory phrasing.

Unemployment Compensation
     The bill would make a number of temporary changes to
the state unemployment compensation system in response to
the COVID-19 pandemic.
    The bill would include a policy statement that Kansas is
committed to maintaining and strengthening access to its
unemployment compensation system.
     The bill would provide that a claimant is not ineligible for
benefits on the basis of not actively seeking work during a
disaster emergency proclaimed by the Governor and in
response to the spread of COVID-19 and the State has
temporarily waived the work search requirement in
compliance with the Families First Act.
     Additionally, the bill would waive the waiting week
requirement for new claims filed from April 5, 2020, through
December 26, 2020, in accordance with the Families First Act
and the CARES Act.
      The bill would require employers to provide any
notifications to individuals in the service of the employer as
required by the Secretary of Labor pursuant to the Families
First Act.

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     For calendar year 2021, the bill would limit
unemployment contribution rates for employers to the
standard rate schedule and prohibit an additional solvency
adjustment.
     The bill would provide that benefits paid as a result of
employees being discharged by an employer directly
impacted by COVID-19 in accordance with the Families First
Act would not be charged to the account of the contributing
employer.
     Under    the   bill,  payments    of    unemployment
compensation that are wholly reimbursed to a reimbursing
employer by the federal government shall be charged for the
purpose of such reimbursement under the CARES Act.
     The bill also would eliminate the prohibition of negative
account employers participating in shared work plans, but
would provide that sha