SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 283
As Amended by House Committee on Judiciary
Brief*
SB 283, as amended, would amend law regarding the
governmental response to the COVID-19 pandemic in
Kansas.
Telemedicine
In the statute authorizing the use of telemedicine, the bill
would amend a provision allowing an out-of-state physician to
practice telemedicine to treat Kansas patients, to replace a
requirement that such physician notify the State Board of
Healing Arts (Board) and meet certain conditions with a
requirement that the physician hold a temporary emergency
license granted by the Board. The expiration date of this
section also would be extended for one year, from March 31
2021, until March 31, 2022.
Temporary Licensure
The bill would amend a statute allowing the Board to
grant temporary emergency licenses to practice the
professions overseen by the Board to add a provision
allowing an applicant to practice in Kansas pursuant to such
license upon submission of a non-resident health care
provider certification form to the Kansas Health Care
Stabilization Fund and without paying the annual premium
surcharge required by the Health Care Provider Insurance
Availability Act. The bill also would extend the expiration 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
this statute for one year, from March 31, 2021, until March 31,
2022.
Amendments to COVID-19 Response and Reopening for
Business Liability Protection Act
Business Immunity Extension
The bill would amend the COVID-19 Response and
Reopening for Business Liability Protection Act (Act) to
extend the expiration date of the statute governing COVID-19
claim immunity for persons or agents of persons conducting
business in the state by one year, until March 31, 2022.
Healthcare Provider Immunity
The bill would amend a statute in the Act regarding
immunity for healthcare providers related to COVID-19 to
specify such immunity would apply to claims arising between
March 12, 2020, and March 31, 2022, and remove references
to a declared state of disaster emergency.
Retroactivity
The bill would amend a statute regarding retroactivity of
causes of action arising under the Act to specify the
provisions related to healthcare provider immunity would
apply retroactively to any cause of action accruing on or after
March 12, 2020, and prior to March 31, 2022, rather than
applying retroactively on or after March 12, 2020, and prior to
termination of the state of disaster emergency related to
COVID-19.
Expiration of Other Provisions
The bill would amend a statute regarding hospital facility
usage for COVID-19 purposes to change its expiration to
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March 31, 2022, from 120 calendar days after the expiration
or termination of the COVID-19 state of disaster emergency
proclamation..
The bill would amend a provision regarding critical
access hospital bed limits to extend its expiration from June
30, 2021, until March 31, 2022.
Effective Date
The bill would be in effect upon publication in the
Kansas Register.
Background
The bill was introduced by the Senate Committee on
Federal and State Affairs by Senator Petersen at the request
of the Kansas Chamber. As introduced, the bill would have
removed the March 31, 2021, expiration date included in the
statute governing business liability and changed the
retroactivity provision applicable to claims under the statute.
Senate Committee on Judiciary
In the Senate Committee hearing on March 2, 2021, a
representative of the Kansas Chamber testified as a
proponent of the bill. Written-only proponent testimony was
provided by a representative of the American Property
Casualty Insurance Association. No other testimony was
provided.
On March 2, 2021, the Senate Committee adopted an
amendment to extend the March 31, 2021, expiration date to
March 31, 2022, and to remove the change to the retroactivity
of such claims.
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Senate Committee of the Whole
On March 3, 2021, the Senate Committee of the Whole
adopted amendments regarding telemedicine, temporary
licensure of professions overseen by the Board, and the
expiration dates of other COVID-19-related statutes and
provisions.
House Committee On Judiciary
In the House Committee hearing on March 18, 2021,
representatives of the Kansas Chamber and Kansas Hospital
Association provided proponent testimony on the bill.
Written-only proponent testimony was provided by a
representative of the American Property Casualty Insurance
Association and a representative of the Kansas Grain and
Feed Association, Kansas Agribusiness Retailers Association,
and Renew Kansas Biofuels Association.
Written-only opponent testimony was provided by
representatives of Kansas AFL-CIO, Kansas Trial Lawyers
Association, and Working Kansas Alliance. No other
testimony was provided.
On March 24, 2021, the House Committee adopted an
amendment to modify provisions related to healthcare
provider immunity and retroactivity in the COVID-19
Response and Reopening for Business Liability Protection
Act.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, enactment of the bill
could reduce litigation in the courts. However, it is not
possible to estimate the reduced number of court cases that
would occur and a fiscal effect cannot be estimated. Any
fiscal effect associated with enactment of the bill is not
reflected in The FY 2022 Governor’s Budget Report.
["COVID-19","business","liability","out-of-state providers","telemedicine","helath care
providers","temporary emergency licensure"]
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Statutes affected: As introduced: 60-5504, 60-5508, 48-924
As Amended by Senate Committee: 60-5504, 60-5508, 48-924
{As Amended by Senate Committee of the Whole}: 48-963, 48-964, 48-965, 40-3404, 60-5503, 60-5504, 60-5508, 48-924, 65-468
As Amended by House Committee: 48-963, 48-964, 48-965, 40-3404, 60-5503, 60-5504, 60-5508, 48-924, 65-468
Enrolled: 48-963, 48-964, 48-965, 40-3404, 60-5503, 60-5504, 60-5508, 65-468