Conference committee approves amended HB 2240 requiring legislative approval for certain federal waivers and IDD service changes

At a conference committee meeting, members approved a conference committee report on House Bill 2240 as amended, which would require the Legislature to expressly consent to and approve certain federal waivers, authorizations and specified changes affecting services for people with intellectual and developmental disabilities.

The bill, as described by David, a committee revisor, would bar state agencies, on and after July 1, 2025, from seeking or implementing any public-assistance program waiver or other authorization from the federal government that would expand eligibility for public-assistance programs to additional individuals or classes or that would increase any cost to the state unless the Legislature “expressly consents to and approves of such a waiver or other authorization by an act of the legislature.” The draft also places a legislative approval requirement on changes to funding structures, day services or target case management services for persons with intellectual or developmental disabilities (IDD).

The measure defines “public assistance program” by reference to KSA 39-709; David listed examples that the bill’s scope would include Medicaid, TANF, SNAP and child-care subsidy programs. The amendment reorganizes the text of HB 2240, adds a process for review by the Legislative Coordinating Council (LCC) when the Legislature is not in session, and sets timing expectations for that review.

Under the amendment, a state agency may request LCC approval of a public-assistance waiver, authorization or the specified IDD-related changes when the Legislature is not in session. The agency must provide official notification; the LCC (or a designated standing or special committee) must meet within 14 calendar days of receipt to consider and take action. The LCC may approve or refuse the agency’s request or designate a committee to review and make recommendations to the LCC.

Senator Erickson praised the amendment’s clarifications during the meeting, saying it “does provide the consistency and clarity of the intent” and that “I think this strengthens the bill.” Several lawmakers, however, reiterated opposition to the underlying measure. Representative Bauza said she continued to have “the same concerns with 2,240” including that “this has potential to delay services and possibly even forfeit Federal funds,” and said she would not support the conference committee report.

The committee voted to adopt the amendment (moved by the chair; seconded by Representative Bridal) and then voted to pass the conference committee report on HB 2240 as amended (moved by the chair; seconded by Chair Erickson). Members noted there were two no votes on the conference committee report; Representative Bautista said she would not sign the commerce committee report, and Senator Hoelscher likewise said she would prefer not to sign and recommended preparing an “agree to disagree” position so the process could continue the following day.

The bill text and the conference committee amendment also remove or alter certain prior exemptions: the drafter noted the amendment drops language that had said the provision would not affect any state-plan amendment or waiver already implemented prior to July 1, 2025. The amendment instead focuses on the prohibitions and the LCC review path when the Legislature is not in session.

The committee did not announce a roll-call vote tally in the transcript. The conference committee report as amended passed; at least two members indicated opposition and declined to sign the commerce committee report, leaving the option of an “agree to disagree” to continue the process.

Next steps: the committee indicated further procedural steps the following day if members pursue an agree-to-disagree process or if final signatures are collected. The bill’s effective constraints are written to apply beginning July 1, 2025.