HB 2387 - Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program - Kansas Key Vote

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Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

Vote Smart's Synopsis:

Vote to override a governor's veto and pass a bill that prohibits the Governor or any state agency from issuing a request for proposal for the medical assistance program.

Highlights:

  • Prohibits state agencies, including the Governor from issuing a “request for proposal,” or a formal document requesting vendors to offer bids, for the administration and distribution of benefits within the medical assistance program, on or before January 31, 2022 (Sec. 1).

  • Prohibits state agencies, including the Governor, from entering into any new contracts with managed care organizations (MCOs) for the administration and distribution of benefits within the medical assistance program, on or before January 31, 2022, with the following added requirements (Sec. 1):

    • That the secretary of health and environment shall continue to administer medical assistance benefits using MCOs as described and/or limited by existing state and federal law; and 

    • That this and previous provisions shall expire on January 31, 2022.

  • Authorizes the Governor to serve as Commander-and-Chief during state of disaster emergencies, as provided by existing law, and possess the power to issue executive orders that are taken as law, including with regards to suspending existing laws about conducting state business and regulating state agencies, with the following exceptions (Sec. 2):

    • That the suspension of any law, provision, order, rule, or regulation must be because its existence impeded in any way the attempts to address the state of disaster;

    • That the Legislative Coordinating Council (LCC) shall meet within 24 hours of an executive order being issued to review said executive order;

    • That executive orders may be revoked at any time upon a concurrent resolution by the legislature;

    • That such executive orders may be revoked by the LCC with an affirmative vote of 5 members if the legislature is not in session, or if it is adjourned during session for 3 or more days;

    • That any such orders or powers granted to the Governor by this provision will be null and no longer in place after the state of disaster is over;

    • That the authorities and powers granted in this provision do not extend to the alteration of state election laws, the overlook of existing state laws regarding purchase, ownership and seizure of guns, or the violation of any state law regarding religious practice or worship;

    • That any party aggrieved by an executive order issued under this provision may file a civil action in their county district court; and

    • That any county’s board of county commissioners may adopt alternative policies regarding public health than those issued statewide by an executive order if the board has consulted with a trained public health consultant, has deemed the requirements of the executive order unnecessary to maintain public health in their county after consultation, and provides all other findings used to come to the board’s decisions.

See How Your Politicians Voted

Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

Vote Smart's Synopsis:

Vote to override a governor's veto and pass a bill that prohibits the Governor or any state agency from issuing a request for proposal for the medical assistance program.

Highlights:

 

  • Prohibits state agencies, including the Governor from issuing a “request for proposal,” or a formal document requesting vendors to offer bids, for the administration and distribution of benefits within the medical assistance program, on or before January 31, 2022 (Sec. 1).

  • Prohibits state agencies, including the Governor, from entering into any new contracts with managed care organizations (MCOs) for the administration and distribution of benefits within the medical assistance program, on or before January 31, 2022, with the following added requirements (Sec. 1):

    • That the secretary of health and environment shall continue to administer medical assistance benefits using MCOs as described and/or limited by existing state and federal law; and 

    • That this and previous provisions shall expire on January 31, 2022.

  • Authorizes the Governor to serve as Commander-and-Chief during state of disaster emergencies, as provided by existing law, and possess the power to issue executive orders that are taken as law, including with regards to suspending existing laws about conducting state business and regulating state agencies, with the following exceptions (Sec. 2):

    • That the suspension of any law, provision, order, rule, or regulation must be because its existence impeded in any way the attempts to address the state of disaster;

    • That the Legislative Coordinating Council (LCC) shall meet within 24 hours of an executive order being issued to review said executive order;

    • That executive orders may be revoked at any time upon a concurrent resolution by the legislature;

    • That such executive orders may be revoked by the LCC with an affirmative vote of 5 members if the legislature is not in session, or if it is adjourned during session for 3 or more days;

    • That any such orders or powers granted to the Governor by this provision will be null and no longer in place after the state of disaster is over;

    • That the authorities and powers granted in this provision do not extend to the alteration of state election laws, the overlook of existing state laws regarding purchase, ownership and seizure of guns, or the violation of any state law regarding religious practice or worship;

    • That any party aggrieved by an executive order issued under this provision may file a civil action in their county district court; and

    • That any county’s board of county commissioners may adopt alternative policies regarding public health than those issued statewide by an executive order if the board has consulted with a trained public health consultant, has deemed the requirements of the executive order unnecessary to maintain public health in their county after consultation, and provides all other findings used to come to the board’s decisions.

NOTE: A TWO-THIRDS MAJORITY VOTE OF ELECTED (OR APPOINTED) MEMBERS IS REQUIRED TO OVERRIDE A GOVERNOR'S VETO.

Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

Title: Prohibits the Governor or Any State Agency from Issuing a Request for the Medical Assistance Program

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