On May 26, the 2021 legislative session came to its ceremonial end as the House and Senate adjourned Sine Die. The full legislature will not return until Jan. 10 of next year to convene its 2022 session. This was an unprecedented session in many ways, from COVID-19 challenges to the passage of a constitutional amendment, tax and election reforms, and the first-ever medical cannabis bill to pass out of committee and across the House floor with bipartisan support.
Enacted Legislation - Many bills were signed by the Governor, while several were vetoed and some overridden by the required two-thirds majority vote in each chamber. Of a majority of the bills she signed into law, Gov. Kelly said: “This is the kind of success that can be achieved when we work together – not as Republicans or Democrats – but as Kansans. I want to thank my colleagues in the legislature, on both sides of the aisle, for their efforts.”
Below are some of the more notable bills either approved by the Governor, bills that became law without her signature, and those bills that were vetoed and overridden, becoming law without her approval.
- SB13 - Property tax reform, including county tax lid discontinuance and establishing the taxpayer notification costs fund
- SB14 - Extending certain provisions of the governmental response to the COVID-19 pandemic in Kansas and providing certain relief related to health, welfare, property and economic security
- SB60 - Creating the crime of sexual extortion and requiring an offender to register under the Kansas offender registration act, other increased criminal penalties
- SB88 - Establishing the city utility low-interest loan program following the extreme weather event of February 2021
- SB170 - Enacting the physical therapy licensure compact, other healthcare measures
- SB283 - Continuing the governmental response to the COVID-19 pandemic in Kansas by extending the expanded use of telemedicine and granting of certain temporary emergency licenses
- HB2064 - Creating the Kansas promise scholarship act
- HB2066 - Expanding the military spouse and service members expedited licensure law to all applicants who have established or intend to establish residency in Kansas
- HB2085 - Creating the students' right to know act to provide information on postsecondary education options
- HB2134 - Making appropriations for the Kansas state department of education for FY 2021-2023, amending at-risk definitions, extending high-density at-risk weighting, and other provisions for schools
- HB2187 - Enacting the first-time home buyer savings account act
- HB2196 - Unemployment system modernization, creating the unemployment compensation modernization and improvement council, development of a new unemployment insurance information technology system, and other provisions
- HB2208 - Enacting the rural emergency hospital act to provide for the licensure of rural emergency hospitals
- HB2379 - Enacting the peer-to-peer vehicle sharing act
Vetoed and Overridden:
- SB50 - Tax reform, requiring marketplace facilitators to collect and remit sales, providing for addition and subtraction modifications for the treatment of global intangible low-taxed income, expanding the expense deduction for income taxpayers and calculating the deduction amount, providing the ability to elect to itemize for individuals, other provisions
- HB2058 - Providing reciprocity for licenses to carry concealed handguns and creating a new class of concealed carry license for individuals 18 to 20 years of age, and creating the Kansas protection of firearm rights act to restore the right to possess a firearm upon expungement of certain convictions
- HB2183 - Election reforms, creating the transparency in revenues underwriting elections act; prohibiting the receipt and expenditure of private moneys by election officials; directing the secretary of state to publish certain registered voter totals, limiting the number of such ballots that can be delivered, removing the secretary of state's authority to provide additional time for receipt of such ballots, creating the crime of false representation of an election official; and, expanding the crime of electioneering, other provisions
- HB2332 - Further election reforms, prohibiting the modification of election laws other than by legislative process, requiring identification of the sender on third party solicitations to registered voters to file an application for an advance voting ballot and prohibiting such solicitations by nonresidents of this state, expanding the crime of election tampering and providing for the appointment of elected officials when vacancy is due to military service
*Note: One veto override was attempted on Sine Die - SB 29 (providing for short-term, limited duration health plans). The two-thirds majority vote requirement was met in the Senate but fell short in the House, and the veto was sustained.
1861 Consulting, on behalf of the Kansas Pharmacists Association, actively tracked 47 bills, and lobbied 13 bills on during the 2021 Session. The biggest wins from this session were the passage of the Telepharmacy and Modernization bill, the continued interest in prescription costs, and the hearing, conversations, and legislative support on a Point of Care Test and Treat bill. We will continue conversations with legislators and stakeholders over the interim on these issues to keep KPhA support and momentum going into the 2022 Legislative Session.
Board of Pharmacy Authority, Telepharmacy (CCR SB 238 / HB 2280) - HB 2280 would amend the Board of Pharmacy's regulatory and investigative authority, allow for telepharmacy in Kansas, and a series of other technical updates including updating the definition of “dispense”. On April 8th a conference committee inserted the contents of HB 2280 into SB 238 without changes made in the Senate on off-label physician prescribing. On April 9th the House approved CCR SB 238 on a vote of 116-7 and on May 5th the Senate on a vote of 36-4. SB 238 was signed into law by Gov. Kelly on May 19th and will take effect upon publication in the Register.
PBM Licensure, Enhanced Regulation (SB 244 / HB 2383) - SB 244 and HB 2383 would require licensure of pharmacy benefits managers and their enhanced regulation. Neither SB 244 nor HB 2383 were enacted during the 2021 Session and will carry over for the 2022 Session.
Point of Care Test & Treat (SB 200 / HB 2385) - HB 2385 and SB 200 would allow a pharmacist to test and initiate therapy for a health condition that is generally managed with minimal treatment including, but not limited to: Influenza, streptococcus, COVID-19, pre-exposure prophylaxis, post-exposure prophylaxis, and other CLIA waived tests. SB 200 & HB 2385 are DEAD for the 2021 Session. Neither SB 200 nor HB 2385 were enacted during the 2021 Session and will carry over for the 2022 Session.
Reimbursement for Pharmacist Services (HB 2388) - HB 2388 would require insurers that provide coverage of a professional service provided by a physician, APRN, or a PA also provide coverage for such services if lawfully provided by a pharmacist. HB 2388 was not enacted during the 2021 Session and will carry over for the 2022 Session.
340B Amendment / Omnibus Budget (SB 159) - The Legislature included an interim review of the 340B program within HB 159. This 13-member LCC-appointed committee, with a Chair appointed by the Speaker of the House, will review federal law requirements; the role of qualifying 340B providers, pharmacies, PBMs and pharmaceutical drug manufacturers; the fiscal impact; federal or state law changes; marketplace developments; healthcare payers, including insureds, self-insureds and government programs. SB 159 was signed into law by Gov. Kelly on May 21st and will take effect upon publication in the Register.
PBM Treatment of 340B Pharmacies (SB 128 / HB 2260) - SB 128 and HB 2260 would limit PBM’s from interfering with a covered person’s choice, under certain conditions requiring collection of a cost share, or disparate treatment of a pharmacy by requiring terms that differ from those imposed on another pharmacy based solely on such pharmacy's designation on a 340B covered entity. Neither SB 128 or HB 2260 were enacted during the 2021 Session and will carry over for the 2022 Session.
Expedited Licensure (HB 2066) - HB 2066 expands the expedited licensure law currently in place for a military spouse and service member to all applicants who have established or intend to establish residence in Kansas. HB 2066 was signed into law by Gov. Kelly on April 21st and will take effect July 1, 2021.