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 13, 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 139 by Senators Sykes and Blasi
In accordance with KSA 75-3715a, the following fiscal note concerning SB 139 is
respectfully submitted to your committee.
SB 139 would specify that provisions related to newborn screening contained in KSA 65-
180 through 65-183 would be known as the “Newborn Screening Act” and would establish an
advance universal newborn screening program to be administered by the Secretary of Health and
Environment. The bill would remove specific conditions listed throughout current sections and
instead reference a single section of the bill that would state that the Secretary shall determine the
conditions to be included in the newborn screening tests, including, but not limited to, conditions
listed in the recommended uniform screening panel recommended by the United States Secretary
of Health and Human Services as determined by the agency to provide more appropriate newborn
screening guidelines to protect the health and welfare of newborns for treatable conditions.
The bill would remove current provisions related to the reimbursement of medically
necessary food treatment products and specify this reimbursement would be in accordance with
rules and regulations adopted by the Secretary. The bill would change the limitation on the annual
transfer to the Kansas Newborn Screening Fund from $2,500,000 to $5,000,000.
According to the Kansas Department of Health and Environment, funds transferred to the
Kansas Newborn Screening Fund are based on actual expenditures and the agency estimates that
reaching the maximum limitation of $5,000,000 would occur over time. The limitation has been
changed from $2,500,000 to $5,000,000 through the appropriations bill since FY 2021. The
agency reports a three-year average of expenditures of $3.2 million for newborn screening for FY
2020 through FY 2022. Expenditures are estimated to continue to increase due to program growth
over time, increased costs, and testing for new conditions.
The Honorable Beverly Gossage, Chairperson
Page 2—SB 139

The increased transfer limitation does not affect overall state revenues but would decrease
the amount available for use in the Medical Assistance Fee Fund depending on how much the
actual transfer was increased. The increase on the limitation of the transfer to the Kansas Newborn
Screening Fund to $5,000,000 included in SB 139 is reflected in The FY 2024 Governor’s Budget


Adam Proffitt
Director of the Budget

cc: Amy Penrod, Department of Health & Environment

Statutes affected:
As introduced: 65-180, 65-183, 65-181