SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE SUBSTITUTE FOR
HOUSE BILL NO. 2062
As Recommended by Senate Committee on
Public Health and Welfare

Brief*
Senate Sub. for HB 2062 would prohibit any state
officer; any state agency; the board of county commissioners;
any employee of a state officer, state agency, or board of
county commissioners; or the governing body of any city- or
county-established and operated home for the aged or county
hospital from restricting a resident’s or patient’s right to
receive or refuse visitors in a resident’s or patient’s room or
private room or restrict any other reasonable accommodation
to receive visitors for the purpose of controlling or preventing
the transmission of an infectious disease. A board of trustees
of a city- or county-established and operated home for the
aged would also be prohibited from restricting residents in
such manner.
Every resident of a city- or county-established and
operated home for the aged or every patient of a county
hospital, or such resident’s or patient’s legal representative,
would have the right to waive, in writing, any restrictions
imposed to control or prevent the transmission of an
infectious disease by the county, a city within such county, an
employee of such county, or any federal or state agency at
any time, including during a state or local disaster emergency
declared pursuant to statute.
The bill would prohibit counties from exempting from or
modifying the provisions of the bill.
____________________
*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
 The bill would also make technical changes.

Background
HB 2062, as introduced, concerned confidentiality
provisions related to the State Child Death Review Board.
[Note: The contents of HB 2062, as amended by the Senate
Committee on Public Health and Welfare, were inserted into
HB 2158. The Senate Committee on Public Health and
Welfare removed the contents of HB 2062 and recommended
a substitute bill be passed that incorporates the provisions of
SB 303.
SB 303 was introduced by the Senate Committee on
Federal and State Affairs.

SB 303
Senate Committee on Public Health and Welfare
In the Senate Committee hearing, Representative
Jacobs, Representative Lee-Hahn, Senator Straub, and three
private citizens provided proponent testimony. The
proponents stated visitation policies at long-term care
facilities should take into consideration the importance of
connection between a resident and family members and
friends. The proponents stated the visitation policies
implemented at long-term care facilities during the COVID-19
pandemic have hurt residents of these facilities both mentally
and emotionally and infringe on the residents’ civil liberties.
Written-only proponent testimony was provided by 23
private citizens.
Neutral testimony was provided by a representative of
the Kansas Department for Aging and Disability Services
(KDADS). The representative stated KDADS is responsible
for inspection and licensing of adult care homes. The
2- 2062
representative testified KDADS acts on behalf of the Centers
for Medicare and Medicaid Services (CMS) to verify nursing
facilities and other adult care homes are in compliance with
federal guidelines and regulations, and the bill could
potentially violate these guidelines and regulations.
Opponent testimony was provided by representatives of
the Kansas Association of Counties (KAC), Kansas
Association for Assisted Living, Kansas Health Care
Association, Kansas Hospital Association, and LeadingAge
Kansas. Opponents stated the bill could threaten federal
funding if residents were allowed to waive federal CMS
requirements. Opponents also stated the counties and
nursing homes need the authority to respond to infectious
diseases in a timely fashion, and the bill would potentially
allow a single resident or patient to decide for all residents or
patients in a facility and potentially expose them to an
infectious disease.
Written-only opponent testimony was provided by
representatives of Attica Long Term Care, Kansas Adult Care
Executives, Kansas Department of Health and Environment,
Kansas Legislative Policy Group, Logan Manor Community
Health Services, and Midwest Health.

Fiscal Information

SB 303
According to the fiscal note prepared by the Division of
the Budget on SB 303, the KAC states enactment of the bill
could have a fiscal effect on counties in the form of reduced
federal revenue if a county home or hospital were determined
to be outside federal guidance because of waiving federal
restrictions on visitors. If this occurred, it could create
licensure issues, which could also jeopardize funding and
operations. There could be additional costs for staffing and
potential liability for the county if residents or patients who did

3- 2062
not waive the federal restrictions were affected by other
residents making the waivers. However, the effect on the
county expenditures cannot be estimated. The League of
Kansas Municipalities indicates the bill would have no fiscal
effect on municipalities.
Home for the aged; city-established adult care home; county-establisheded adult
care home; adult care homes; visitation; residents' rights; COVID-19; nursing homes


4- 2062


Statutes affected:
As introduced:
S Sub for: 19-101a, 19-4610, 12-4909, 48-932, 48-924, 19-101b, 19-2110