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HB 2039

Adding maternity center to the definition of healthcare provider for purposes of the healthcare provider insurance availability act, amending definitions in the Kansas credentialing act to provide that certain entities providing physical therapy, occupational therapy and speech-language pathology are not home health agencies, clarifying that the authorized activities of paramedics, advanced emergency medical technicians, emergency medical technicians and emergency medical responders may be authorized upon the order of a healthcare professional, permitting certain ambulance services to offer service for less than 24 hours per day, every day of the year, and requiring entities that control automated external defibrillators to register the device with the emergency medical services board.

2025-2026 Regular Session

HB 2039 reduces outpatient in-home therapy credentialing by excluding certain providers from home health agency rules while adding maternity centers to insurer framework and mandat

Engrossed on Monday, March 31, 2025
#hb2280 #hb2335
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Bill Summary · HB 2039

Summary — HB 2039 (Kansas, 2025)

Status: Approved by Governor (April 8, 2025). Effective upon publication in the Kansas Register.
Introduced: Jan 23, 2025. Sponsor/request: Rep. Buehler on behalf of Fox Rehabilitation.

Purpose / intent

HB 2039 makes several targeted changes to Kansas law affecting (1) the scope of what counts as a “home health agency” under the Kansas credentialing act, (2) the definition of “healthcare provider” for the healthcare provider insurance availability act, (3) certain emergency medical services (EMS) practice and operational rules, and (4) registration of automated external defibrillators (AEDs). The intent is to reduce unintended credentialing/licensing burdens on outpatient therapy providers who deliver in-home services, clarify EMS authorization practices and operational requirements, and improve AED oversight.

Key provisions (by subject)

  • Kansas Credentialing / Home Health Agencies

    • Amends K.S.A. 65-5101 to clarify the definition of “home health agency.”
    • Exempts from that definition entities that:
    • are not reimbursed by Medicare Part A, and
    • only provide services delivered by persons licensed/certified under the Physical Therapy Practice Act, Occupational Therapy Practice Act, or licensed as speech‑language pathologists.
    • Technical and conforming edits; the prior version of K.S.A. 65-5101 is repealed and replaced.

  • Healthcare Provider Insurance Availability Act

    • Amends K.S.A. 40-3401 to add “maternity center” (accredited by the Commission for Accreditation of Birth Centers and meeting K.S.A. 65-503) to the statutory list of “healthcare provider(s).”
    • This places accredited maternity centers within the scope of the insurance availability / healthcare stabilization framework (e.g., basic coverage requirements and fund eligibility/obligations).

  • Emergency Medical Services (EMS)

    • Clarifies that authorized activities of paramedics, advanced EMTs, EMTs, and emergency medical responders may be performed upon the order of a healthcare professional (codifying authorization-by-order practice).
    • Permits certain nonemergency ambulance services to operate fewer than 24 hours per day, 365 days per year (removes or relaxes a 24/7 operational expectation for some providers).
    • Allows certain rural county EMS operations to function with a single EMS provider under specified conditions (intended to support rural service continuity).

  • Automated External Defibrillator (AED) registration

    • Requires entities that place or control AEDs for use in Kansas to register devices with the Kansas Emergency Medical Services Board (for tracking/oversight).

Who is affected

  • Outpatient therapy providers and agencies (physical therapists, occupational therapists, speech‑language pathologists) that deliver Medicare Part B in-home services — these entities are now explicitly excluded from being treated as “home health agencies” when they meet the Medicare Part A non‑reimbursable / limited‑services condition.
  • Accredited maternity centers — newly included under the healthcare provider insurance framework.
  • EMS personnel and ambulance service operators (especially nonemergency and rural services) — operational and authorization rules changed.
  • Organizations and facilities that own/place AEDs — now required to register devices with the EMS Board.
  • State agencies (KDHE, KDADS) — fiscal note indicates no fiscal effect on these agencies.

Fiscal and procedural notes

  • Fiscal note (Division of the Budget): enactment would have no fiscal effect on the Kansas Department of Health and Environment or the Department for Aging and Disability Services.
  • Effective date: upon publication in the Kansas Register.
  • Statutory sections amended/repealed include K.S.A. 40-3401; K.S.A. 65-5101 (repealed and replaced) and various K.S.A. 2024 Supp. EMS-related sections referenced in the enrolled version.

Practical impact

  • Reduces credentialing/licensing barriers for therapy providers delivering in‑home outpatient care (Medicare Part B), allowing them to operate without the additional home health agency credentialing that previously could apply.
  • Brings accredited maternity centers into the state’s healthcare provider insurance framework (affecting liability/coverage considerations).
  • Provides more flexible EMS operational rules for nonemergency and rural services and clarifies scope-of-practice authorization procedures.
  • Improves statewide oversight of AED deployment through mandatory registration.

This summary focuses on the enacted Kansas provisions of HB 2039. If you want, I can pull and display the exact amended statutory language or outline implementation questions for affected providers (licensing steps, AED registration procedure, or insurer implications).

Compiled from official sources — confirm details with the bill’s official record.

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