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Session of 2025
HOUSE BILL No. 2314
Committee on Social Services Budget
Requested by Representative W. Carpenter
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AN ACT concerning healthcare; relating to secretary for disability and
aging services; establishing peer support specialist certification
standards; requiring a background check for certification; directing the
secretary for health and environment to pursue a medicaid code for
telehealth services provided by peer support specialists; authorizing the
secretary for aging and disability services to adopt rules and
regulations; amending K.S.A. 2024 Supp. 22-4715 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Subject to appropriations, the secretary for aging
and disability services shall provide training and expand opportunities for
peer support specialist certification. The secretary shall contract with third
party entities to provide such training and certification.
(b) The secretary for aging and disability services shall establish
standards for peer support specialist certification, including:
(1) Level one peer support specialists shall provide services not more
than 30 billable hours per week;
(2) level two peer support specialists shall provide services not more
than 40 billable hours per week;
(3) limiting level two peer support specialist training sessions to not
more than eight sessions per year, except when determined necessary by
the secretary, in consultation with the third party entity providing such
training;
(4) limiting that each level two peer support specialist training session
conducted in person be available to not more than 50 participants
participating in such session;
(5) allowing each level two peer support specialist training session
conducted via electronic means to be available to an unlimited number of
participants participating in such session;
(6) providing not more than 300 hours of services per year per person
receiving peer support specialist services, except when allowed with prior
authorization from such person's managed care organization; and
(7) that provision of peer support specialist supervision may be
performed by non-licensed professionals.
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(c) (1) Before a third party entity grants a certification, the secretary
shall cause the Kansas bureau of investigation to conduct a criminal
history record check and background investigation of the applicant for
certification in accordance with K.S.A. 2024 Supp. 22-4715, and
amendments thereto. The secretary shall provide to each such entity the
criminal history record information.
(2) The secretary for aging and disability services or a contracting
entity is authorized to conduct a check of registers of reports of abuse,
neglect and exploitation investigated and held by the Kansas department
for aging and disability services pursuant to K.S.A. 39-936 and 39-1411,
and amendments thereto, and the Kansas department for children and
families pursuant to K.S.A. 38-2226, 39-1401 and 39-1434, and
amendments thereto, for the purpose of obtaining background information
on persons applying for peer support specialist certification.
(3) Information obtained from checks conducted under this
subsection shall be used for the purpose of determining qualification for
certification.
(4) The secretary for aging and disability services or contracting
agency shall not be liable for civil damages to any person denied
certification because of actions taken by the secretary in good faith based
on information obtained under this subsection.
(d) (1) Certified peer support specialists may provide peer support
services by means of telehealth. Such services shall be an allowable cost
for state medicaid reimbursement purposes.
(2) The secretary of health and environment shall submit to the
United States centers for medicare and medicaid services any approval
request necessary to implement this subsection. The secretary of health
and environment shall amend the state plan for medicaid upon such
approval.
(e) The secretary for aging and disability services shall adopt rules
and regulations necessary to implement this section.
(f) As used in this section, "telehealth" means the same as defined in
K.S.A. 40-2,211, and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 22-4715 is hereby amended to read as
follows: 22-4715. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a name-based criminal history record check
of a person from the Kansas bureau of investigation from the state
database. An agency identified in subsection (b) may use the information
obtained from the criminal history record check for the purposes of
determining whether the person has a record of criminal history in this
state that would prohibit such person from certification, employment,
licensure, registration or obtaining a permit.
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(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions and adult non-
convictions to:
(A) The state board of healing arts for determining qualifications for
an original application or reinstatement of a license, permit registration or
certification as described in K.S.A. 65-2839a, and amendments thereto;
and
(B) the state lottery for the purpose of awarding major contracts as
described in K.S.A. 74-8705, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department for aging and disability services for applicants
for an adult care home operator license as described in K.S.A. 39-969, and
amendments thereto;
(B) the joint committee on Kansas security for committee staff
members of the office of revisor of statutes and the legislative research
department as described in K.S.A. 46-3301, and amendments thereto;
(C) the attorney general for applicants for roofing contractors
registration as described in K.S.A. 50-6,126, and amendments thereto;
(D) the department of health and environment for applicants for a
permit to construct, alter or operate a solid waste processing facility as
described in K.S.A. 65-3407, and amendments thereto;
(E) the Kansas department for aging and disability services for
applicants for licensure as an adult care home administrator as described in
K.S.A. 65-3503, and amendments thereto;
(F) the board of nursing for applicants for a mental health technician
license as described in K.S.A. 65-4209, and amendments thereto;
(G) the board of nursing for applicants for nurse licensure as
described in K.S.A. 65-1120, and amendments thereto;
(H) the state lottery for applicants for employment at the lottery as
described in K.S.A. 74-8763, and amendments thereto;
(I) the state lottery for applicants for employment at the lottery as
described in K.S.A. 74-8769, and amendments thereto;
(J) the governor and the senate for appointees to the Kansas racing
and gaming commission as described in K.S.A. 74-8803, and amendments
thereto;
(K) the governor and the senate for an appointee as executive director
of the Kansas racing and gaming commission as described in K.S.A. 74-
8805, and amendments thereto;
(L) the Kansas racing and gaming commission for employees who
are animal health officers as described in K.S.A. 74-8806, and
amendments thereto; and
(M) the governor and the senate for an appointee as executive
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director of the state gaming agency as described in K.S.A. 74-9804, and
amendments thereto; and
(N) the secretary for aging and disability services for applicants for
peer support specialist certification as described in section 1, and
amendments thereto.
(c) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(d) Criminal history record information received pursuant to this
section shall be confidential and shall not be subject to the provisions of
the Kansas open records act, K.S.A. 45-215 et seq., and amendments
thereto. The provisions of this paragraph shall expire on July 1, 2029,
unless the legislature reviews and reenacts this provision pursuant to
K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
Sec. 3. K.S.A. 2024 Supp. 22-4715 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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