Bill
HB 2284
Requires DOA to adopt written policies for negotiated KanCare MCO contracts, ensure record retention, transparency, a tiebreaker, and a legislative appeals process.
Status and key dates
- Introduced: January 30, 2025 (by the House Committee on Health & Human Services at the request of Rep. W. Carpenter).
- Required policy adoption deadline: Policies must be adopted and implemented prior to July 1, 2026.
- Enactment / veto override: Governor vetoed; both chambers overrode the veto (House 88–37; Senate 30–10). Law effective mid‑2025 per enrolled documents.
Purpose
- Require the Kansas Department of Administration (DOA) to adopt written policies governing negotiated procurements of Medicaid services that are to be provided by managed care organizations (MCOs) under the Kansas Program of Medical Assistance (KanCare). The aim is to establish procedural guardrails, transparency, record retention, and an appeals mechanism for KanCare MCO contracting.
Main provisions
- Written procurement policy: DOA must adopt written policies specifically governing negotiated procurement of KanCare MCO contracts (K.S.A. 75‑37,102 referenced).
- Record retention: Prohibits destruction of procurement records, including evaluation documents, in a manner consistent with the Kansas Open Records Act (KORA).
- Tiebreak procedure: Requires DOA to adopt a tiebreak procedure when evaluation scoring (by individuals or committees) is used to determine award recommendations.
- Legislative transparency: Requires DOA to be transparent with the Legislature “during each step of the procurement process” to the fullest extent permitted by state law.
- Appeals process and committee: Requires an appeals process for procurement disputes. Appeals are to be overseen and adjudicated by a ten‑member legislative appeals committee established in statute.
Appeals committee composition (statutory)
- President of the Senate;
- Chair and ranking minority member of the Senate Committee on Financial Institutions & Insurance;
- Chair and ranking minority member of the Senate Committee on Public Health & Welfare;
- Speaker of the House;
- Chair and ranking minority member of the House Committee on Insurance;
- Chair and ranking minority member of the House Committee on Health & Human Services.
Who is affected
- Department of Administration: must draft, adopt, and implement the policies.
- Kansas Department of Health and Environment (KDHE)/KanCare program staff involved in procurement.
- Managed care organizations (MCOs) bidding on KanCare contracts — subject to retention, procedural, and appeals requirements.
- Legislature — gains a formal oversight/appeals role through the statutory appeals committee.
- Vendors, procurement evaluators, and legal/records staff involved in KanCare procurements.
Fiscal impact
- The Division of the Budget fiscal note (Feb. 12, 2025) reports no fiscal effect for DOA or KDHE from enactment of the bill.
Potential effects and considerations
- Establishes formal transparency and record‑keeping requirements intended to increase oversight and consistency in KanCare procurements.
- Introduces a legislatively‑composed appeals body; this centralizes adjudication of procurement appeals within the Legislature rather than administrative courts or agency review.
- May affect procurement timelines or administrative workload for DOA/KDHE during policy development and implementation, though the fiscal note indicates no expected agency cost.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
