Requiring legislative approval prior to any state agency seeking or implementing a public assistance program waiver or other authorization from the federal government that expands eligibility for any public assistance program or increases cost to the state or making certain changes in services for persons with intellectual or developmental disabilities.

As Amended by Senate Committee
Session of 2025
SENATE BILL No. 161
By Committee on Government Efficiency
2-3
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 or increases cost to the state or making certain changes in
services for persons with intellectual or developmental disabilities;
authorizing approval of waivers or other authorizations 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 further, on and after July 1, 2025,
no state agency shall seek or implement any 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. The legislative coordinating council, as provided in K.S.A.
46-1202, and amendments thereto, may approve such waiver or other
authorization when the legislature is not in session. The provisions of
this paragraph section shall not affect any state plan amendment or waiver
program already being implemented prior to July 1, 2025.
(b) On and after July 1, 2025, no state agency shall seek or
implement any change 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.
(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.
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