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Committee approves bill requiring legislative approval for federal waiver changes to public assistance
Summary
Senate Bill 161, which would bar state agencies from seeking or implementing federal waivers that expand eligibility or increase state cost without legislative approval, passed out of committee after amendments allowing LCC approval when the legislature is not in session and adding a restriction for certain IDD service changes.
A Kansas Senate committee on Wednesday passed Senate Bill 161 as amended, a measure that would prohibit state agencies from seeking or implementing federal waivers or other federal authorizations that expand public assistance eligibility or increase state costs unless the legislature expressly approves by statute.
Reviser David Weese told the committee the bill defines “public assistance program” to include Temporary Assistance for Needy Families (TANF), the food assistance program (SNAP), childcare subsidy and medical assistance (Medicaid). The bill would not affect state plan amendments or waiver programs implemented as of July 1, 2025.
Senator Murphy offered an amendment to allow the Legislative Coordinating Council (LCC) to approve a waiver or authorization when the legislature is not in session; the reviser explained the amendment permits the LCC to act in the interim. Senator Thompson later offered an amendment adding a new subsection that would prevent state agencies from changing funding structures, day services or target case management services for persons with intellectual or developmental disabilities (IDD) without legislative consent.
Senators debated the measure. Senator Holscher urged caution, noting proponents on the IDD issue were scheduled to meet with KDADS later in the day and suggesting the committee may be acting prematurely. Senator Thompson said the amendment would ensure legislative oversight and allow families to provide input on proposed changes. Senator Shane supported the bill as a check on executive use of federal spending authority.
After adopting the amendments the committee passed SB 161 out of committee by voice vote.
