Kansas Telemedicine Act (HB 2028)
This law was last updated on Jan 2, 2019
HB 2028 defines telemedicine and telehealth and would require that insurers reimburse at the same rate whether a patient visited a doctor in person or received care remotely.
The law prohibits abortion via telemedicine, which is already prohibited under state law, and instructs the entire law to be nullified in the event that a court strikes down the abortion ban clause.
The law prohibits abortion via telemedicine, which has been banned under state law since 2011 with the passage of SB 36 (codified at K.S.A. § 65-4a10). The original law requires a physician be present when a pregnant person takes an abortion-inducing drug. In response to a court battle over the law (see Hodes & Nauser v. Moser), the requirement was amended in 2015 by HB 2228, which clarified that only the initial dose of mifepristone must be administered in the presence of a physician.
Originally sponsored by the House Committee on Health and Human Services.
Currently sponsored by the Senate Committee on Public Health and Welfare.
Anti-choice group, Kansans for Life, lobbied for the anti-abortion language to be included in the bill.
The original version of the bill, which did not include anti-abortion language, passed the house on January 30, 2017, by a 118-2 vote.
The senate passed a substitute bill on March 29, 2018, by a 40-vote. The house did not agree with the substitute. The senate passed a second substitute bill on April 7, 2018, by a 24-14 vote. The house, once again, did not agree.
The senate passed a final version of the bill, which included the anti-abortion language, on April 30, 2018, by a 32-6 vote.
The house adopted the final version on April 30, 2018, by a 107-13 vote.
Signed into law by Gov. Jeff Colyer (R) May 12, 2018.
On December 31, 2018, District Court Judge Franklin R. Theis temporarily blocked the law pending the outcome of a similar lawsuit filed in 2011.