Volume 44 - Issue 39 - September 25, 2025
State of Kansas
Department of Health and Environment
Notice of Hearing on Proposed Administrative Regulation
The Kansas Department of Health and Environment (KDHE), Bureau of Community Health Systems, will conduct a public hearing at 10:00 a.m., December 1st, 2025, in the Azure Conference Room, Curtis State Office Building, 1000 SW Jackson St., Topeka, Kansas, to review and consider the adoption of proposed amended regulation K.A.R. 28-53-3.
The time period between the publication of this notice and the scheduled public hearing constitutes a comment period of at least 60 days for the purpose of receiving written comments on the proposed regulation. This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the public hearing to Amy Swanson, Kansas Department of Health and Environment, Bureau of Community Health Systems, 1000 SW Jackson St., Suite 340, Topeka, KS 66612, by phone at 785-296-8113, or by email to Amy.S.Swanson@ks.gov. All interested parties will be given reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. To provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. It is requested that each individual giving oral comments also provide a written copy of the comments for the record.
Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the regulations and economic impact statements in an accessible format. Requests for accommodation to participate in the public hearing should be made at least 10 business days in advance of the hearing by contacting the appointed agency contact using the contact information provided.
Copies of the proposed regulation and the economic impact statement can be requested by contacting the appointed agency contact at the contact information provided.
A summary of the proposed regulation and its estimated economic impact follows:
Summary of Regulation
K.A.R. 28-53-3. Eligibility criteria for a medically indigent person. The proposed amendment raises the income eligibility threshold for the Charitable Healthcare Provider Program from 200% to 300% of the Federal Poverty Level (FPL). This change brings Kansas more in line with neighboring states, some of which do not set income limits as long as care is provided free of charge. The adjustment is not expected to create any cost impact for businesses, individuals, or local governments.
Economic Impact
The proposed regulation raises the income eligibility threshold for indigent care from 200% to 300% of the FPL to be covered within the Charitable Healthcare Provider Program. This change aligns Kansas with neighboring states like Missouri and Nebraska, which do not impose any income cap for charitable care eligibility, only requiring that care be provided free of charge. Additionally, there are no similar federal programs specifically for healthcare providers offering tort claims indemnity to charitable healthcare providers, nor are there comparable programs in Oklahoma or Colorado. This increase in the threshold is not anticipated to have a cost impact on businesses, sectors, public utility ratepayers, individuals, or local governments.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 053500
