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Session of 2025
HOUSE BILL No. 2002
By Legislative Post Audit Committee
1-10
AN ACT concerning health and healthcare; relating to the lay caregiver
act; requiring the department of health and environment to audit
hospital compliance with such act and report such audit results to the
legislature; amending K.S.A. 65-431a and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-431a is hereby amended to read as follows: 65-
431a. (a) This section shall be known and may be cited as the Kansas lay
caregiver act.
(b) As used in this section:
(1) "Aftercare" means assistance that:
(A) Is provided by a caregiver to an eligible patient after discharge of
the patient from a hospital;
(B) is related to the condition of the patient at the time of discharge;
and
(C) does not require professional licensure pursuant to chapter 65 of
the Kansas Statutes Annotated, and amendments thereto, in order to
perform the assistance.
(2) "Caregiver" means an individual who:
(A) Is 16 years of age or older;
(B) has a significant relationship with the patient, including, but not
limited to, next of kin, partner, friend or neighbor;
(C) provides aftercare to an individual; and
(D) is identified by the patient, or the patient's legal guardian, as a
person who is involved with the healthcare of the patient.
(3) "Discharge" means the release of a patient from hospital care to
the residence or another location identified by the patient or legal guardian
as the temporary residence of the patient following an inpatient admission.
(4) "Hospital" means the same as defined by in K.S.A. 65-425, and
amendments thereto.
(5) "Legal guardian" means an individual who is appointed by a court
to make decisions regarding the healthcare of a patient.
(6) "Patient" means an individual who has been admitted to a hospital
for inpatient care.
(7) "Residence" means the dwelling that the patient considers to be
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the home of the patient , but does not include any rehabilitative facility,
hospital, nursing adult care home, assisted living facility, group home or
any other healthcare facility licensed by the department of health and
environment.
(c) (1) A hospital shall provide each patient, or the patient's legal
guardian, with an opportunity to designate a caregiver following the
patient's admission into the hospital and prior to the discharge of the
patient.
(2) Prior to discharge, a patient may elect to change the patient's
designated caregiver in the event that the original designated caregiver
becomes unavailable, unwilling or unable to care for the patient.
(3) Nothing in this section shall be construed to require an individual
that who has been designated as a caregiver by a patient to accept the role
of caregiver.
(4) Nothing in this section shall be construed to require a patient to
designate a caregiver.
(5) A hospital shall be deemed to have complied in full with the
requirements of this subsection if the patient or the patient's legal guardian:
(A) Declines to designate a caregiver when given the opportunity; or
(B) objects to the disclosure of medical information to the caregiver
regarding the patient.
(d) (1) If a patient has designated a caregiver, the hospital shall notify
the designated caregiver concerning the discharge or transfer of the patient
to another licensed healthcare facility as soon as practicable prior to
discharge or transfer.
(2) In the event that the hospital is unable to contact the designated
caregiver, such lack of contact shall not interfere with, delay or otherwise
affect the medical care or appropriate discharge provided to the patient,
consultation with the caregiver or discharge instructions.
(3) As soon as practicable prior to the discharge of the patient, the
hospital shall attempt to consult with the designated caregiver to prepare
the caregiver to provide aftercare for the patient. The hospital shall provide
the designated caregiver and the patient an opportunity to ask questions
during the consultation.
(4) At or before discharge, the hospital shall:
(A) Provide the caregiver with any discharge instructions for the
patient, including any aftercare needs of the patient; and
(B) educate the caregiver concerning the aftercare of the patient in a
manner that is consistent with current accepted practices, based on the
learning needs of the caregiver and that allows the caregiver the
opportunity to ask questions about any aftercare tasks.
(5) In the event that the hospital is unable to contact the designated
caregiver, such lack of contact shall not interfere with, delay or otherwise
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affect an appropriate discharge of the patient.
(e) This section shall not be construed to:
(1) Confer upon a caregiver any authority to make healthcare
decisions on behalf of a patient;
(2) create a private right of action against a hospital, hospital
employee or duly authorized agent of the hospital for any acts or
omissions pursuant to this section, including any acts or omissions by a
caregiver;
(3) remove the obligation of a third-party payer to cover a healthcare
item or service that the third-party payer is obligated to provide to a patient
under the terms of a valid agreement, insurance policy, plan, certification
of coverage or health maintenance organization contract; or
(4) provide grounds for any adverse licensure action or other
disciplinary action against any hospital by the department of health and
environment, against any licensee of the state board of healing arts or
against any licensee of the board of nursing.
(f) The department of health and environment shall verify that each
hospital is in compliance with the requirements of this act. B eginning in
2026, the department shall audit hospital compliance with this act,
compile the results of such audits and report the compiled audit results
and any other information relating to this act deemed relevant by the
department to the house standing committee on health and human services
and the senate standing committee on public health and welfare or any
successor committees on or before January 31 each year.
Sec. 2. K.S.A. 65-431a is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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