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Appropriations Committee creates $1M Nurse Fair Treatment and Recovery Fund from nursing board fees after extended debate
Summary
The Committee on Appropriations approved a one‑year proviso transferring $1,000,000 from the Kansas Board of Nursing fee fund into a newly created Nurse Fair Treatment and Recovery Fund for FY2027 to pay eligible nonclinical claims; debate centered on whether the amount is sufficient, fee protections and oversight. Representative Hoye requested his vote be recorded as 'no.'
Vice chair Williams proposed and the Appropriations Committee approved a one‑year transfer of $1,000,000 from the Kansas State Board of Nursing fee fund into a newly created Nurse Fair Treatment and Recovery Fund intended to pay awards for eligible nonclinical claims against the state.
"This $1,000,000 would be, for any eligible claims that were filed with claims against the state for harms that were non clinical in nature," Vice chair Williams said when introducing the motion. Representative Wasinger seconded the motion.
Members engaged in extended debate about the proposal’s scope and sufficiency. Representative Tarwater said, "I think you're gonna need more than 1000000 dollars, to be honest with you," noting outstanding cases and advising that the number might need to increase. Vice chair Williams responded that $1,000,000 is a starting point for FY2027 and that the Claims Against the State process would still recommend awards; she said any excess could be covered with SGF if claims exceeded the fund.
Several members urged caution about unintended consequences. Representative Ballard warned against punitive measures toward the Board of Nursing and urged process fixes before imposing financial penalties. Representative Estes noted the ethical tension of using nurses' own fee fund to compensate harmed nurses but said she supported the principle if scope and protections were clear. Representative Tarwater and others also urged the board to clear outdated consent agreements and consider leadership changes.
The committee adopted a friendly amendment that froze nursing fee increases for FY2027 — "They can go down, but they can't [increase]," Vice chair Williams said — to reduce the risk that the board would raise fees to replenish the fund without legislative approval. The motion passed on voice vote; Representative Hoye asked to be recorded as voting 'no.'
What the proviso does - Creates a new special revenue account in the Board of Nursing for FY2027 labeled the Nurse Fair Treatment and Recovery Fund. - Transfers $1,000,000 from the Board of Nursing fee fund into that account for awards on eligible, nonclinical claims that have been approved through the Claims Against the State process. - Freezes any increases to nursing fees for FY2027 (fees could be reduced but not increased under the friendly amendment). - Leaves open the possibility of SGF supplementation if awarded claims in FY2027 exceed the $1,000,000 provision.
Why members were divided - Sufficiency: Several members said $1,000,000 may not be enough given the number of complaints and potential awards; others counseled starting with a limited, one‑year pool while broader legislative reforms proceed. - Source of funds: Critics argued the proposal uses nurses’ own fee fund rather than SGF; supporters said it directly addresses harms tied to licensing and administrative actions and reduces pressure on SGF. - Process: Committee members emphasized that claims would still be vetted by the Claims Against the State committee and that any awards would come through standard approval steps.
Next steps: The proviso is limited to FY2027. Members and staff indicated they will revisit the amount and related reforms as Representative Carpenter’s bill on expungement and other fixes proceed through committee. The Board of Nursing and Claims Against the State committee will follow the established award process, and any awards in excess of the fund would be considered for SGF coverage.
