CHAPTER 110
Senate Substitute for House Bill No. 2240*
An Act concerning public assistance; requiring approval by an act of the legislature prior to any state agency seeking or implementing any public assistance program waiver or other authorization from the federal government that expands eligibility for any public assistance program, increases cost to the state or makes certain changes in services for persons with intellectual or developmental disabilities; authorizing approval of such waivers, other authorizations or changes by the legislative coordinating council when the legislature is not in session.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Except as provided in subsection (b), on and after July 1, 2025, no state agency shall seek or implement any:
(1) Public assistance program waiver or other authorization from the federal government, including, but not limited to, a medicaid state plan, state plan amendment, state demonstration or a waiver pursuant to section 1115 or 1915 of the federal social security act, that would expand eligibility for any public assistance program to any additional individuals or class of individuals or would increase any cost to the state unless the legislature expressly consents to and approves of such waiver or other authorization by an act of the legislature; or
(2) changes to funding structures, day services or targeted case management services for persons with intellectual or developmental disabilities unless the legislature expressly consents to and approves of such change by an act of the legislature.
(b) (1) When the legislature is not in session, a state agency may request that the legislative coordinating council approve a public assistance program waiver or other authorization or a change to funding structures, day services or targeted case management services for persons with intellectual or developmental disabilities.
(2) A state agency shall provide official notification to the legislative coordinating council that such agency is requesting approval of an action that requires legislative approval pursuant to this section. Upon official receipt of such notification, the legislative coordinating council shall meet within 14 calendar days to consider and take action on such request.
(3) Pursuant to K.S.A. 46-1202, and amendments thereto, the legislative coordinating council may take action to approve or refuse a state agency’s request or designate a standing committee or special committee to review such state agency’s request and make recommendations to the legislative coordinating council based on the committee’s review.
(c) For purposes of this section:
(1) “Public assistance program” means any assistance under K.S.A. 39-709, and amendments thereto; and
(2) “state agency” means the same as defined in K.S.A. 75-3701, and amendments thereto.
Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.
Governor’s veto overridden.
(See Message from the Governor)
CERTIFICATE
In accordance with K.S.A. 45-304, it is certified that HB 2240, was not approved by the Governor on April 9, 2025. The bill was approved on April 10, 2025 by two-thirds of the members elected to the House of Representatives notwithstanding the objections of the Governor; was reconsidered by the Senate and approved on April 10, 2025 by two-thirds of the members elected to the Senate notwithstanding the objections, and the bill did pass and shall become law.
This certificate is made this 10th day of April 2025, by the President of the Senate and Secretary of the Senate and the Speaker of the House and Chief Clerk of the House.
Ty Masterson
President of the Senate
Corey Carnahan
Secretary of the Senate
Daniel R. Hawkins
Speaker of the House of Representatives
Susan W. Kannarr
Chief Clerk of the House of Representatives