These are the legal provisions related to hospital financial assistance/charity care in the state of Kansas. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
Kansas's law is as follows: Counties between 175,000 and 250,000 people may have a property tax that pays for the care for patients at or below 100% FPL.
Qualifications for charity care in Kansas
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
Kansas law specifies the minimum at 100% of the Federal Poverty Level.
Does the law specify a minimum deadline for applying for charity care?
Kansas law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
Kansas law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because they are insured.
Does the law specify that patients must be residents to be eligible for charity care?
To receive funds from the county for patients at or below 100% FPL, the patient must have resided in that county for at least 1 year.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
Kansas law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
Kansas law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in Kansas
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
Kansas prohibits requiring a copay for emergency services.
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
Kansas prohibits requiring a copay for emergency services.
Collections laws related to charity care in Kansas
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A nonprofit hospital must have and follow its Billing and Collections policy. At a minimum it cannot sell a debt, refer it to a credit reporting bureau, or engage in a judicial process (such as filing a lawsuit or garnishing wages) for at least 120 days after it sent the patient the first post-discharge bill. Under Kansas state law, if you are uninsured and eligible for charity care, the hospital can only collect up to 20% of your household income in a 12-month period.
Length of time charity care can be applied to future bills in Kansas
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
Kansas law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.