Kansas committee hears bill to require annual hospital audits of Lay Caregiver Act compliance

Senate Bill 3 would require the Kansas Department of Health and Environment to audit hospitals for compliance with the Kansas Lay Caregiver Act and report the results to the Legislature annually, beginning in 2026, a staff bill brief said.

The brief, delivered by a staff member identified only as Jenna, said the bill "adds a new subsection F" to the statute and would require the department to verify hospital compliance and compile results into a report delivered to the House Committee on Health and Human Services and the Senate Committee on Public Health and Welfare before Jan. 31 each year.

The bill drew emotional testimony from a family member and guarded comments from the Kansas Hospital Association during a committee hearing. Jody Fowler testified as a proponent and described the discharge and death of her mother, Sharon Fowler, on Aug. 9, 2023. "I am here as a proponent of Senate Bill 3 as the daughter of Sharon Fowler who passed away on 8 9 of 20 23," Fowler said. She told the committee that, although the hospital knew she was her mother's legal guardian, staff did not notify her of her mother's discharge or give her the opportunity to appeal discharge plans under the Lay Caregiver Act. Fowler said the patient was discharged to a skilled nursing level of care and was placed on hospice within hours.

"I beg of you, please pass Senate Bill 3 so this doesn't happen to other families or caregivers," Fowler told the committee.

Tara Mays, representing the Kansas Hospital Association, testified as neutral and said hospitals already must meet federal Centers for Medicare & Medicaid Services conditions of participation and are subject to investigation by the Joint Commission and by the Kansas Department of Health and Environment when complaints are filed. "We see this a little bit as government duplication," Mays said. She urged lawmakers to consider broader investments, such as programs addressing guardianship and access to caregivers for patients who have none.

Mays also noted the state agency's fiscal estimate. As she described it, a fiscal note submitted by the agency projects increased administrative expenditures "by at least $325,000" and would require roughly 2.3 additional staff positions to carry out audits of all hospitals across the state.

Committee members asked whether existing complaint and oversight avenues were used in the case described by Fowler and whether hospitals typically notify a listed power of attorney. Fowler said she filed grievances with the hospital and that written correspondence dated in August 2023 documenting the grievance was included with her testimony. Mays said KDHE and the Joint Commission have review processes but that hospitals cannot share patient-specific investigatory details publicly because of privacy rules.

The committee did not take final action on Senate Bill 3 at the hearing. The chair closed the hearing and noted the committee would not take final action at that time.

The hearing record shows proponents argued the bill would reduce the risk of missed notifications to legal guardians and caregivers, while hospital representatives cautioned that the proposal could duplicate existing federal oversight and carry a state fiscal cost. No vote or formal directive to staff was recorded during the session.