SESSION OF 2002

SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2722

As Amended by House Committee on

Judiciary

Brief*

       HB 2722 provides for additional measures for the Department of Social and Rehabilitation Services (SRS) to use as a part of the Estate Recovery Program to recover Medicaid expenses paid on behalf of a recipient. Under the bill a representative of SRS can request in writing any records in the possession of a financial institution related to deposits, withdrawals, on interest accrual by an applicant for or a recipient of assistance. Access to such records is designed to help in the determination of such a person’s estate assets.

       The bill also provides that a financial institution and its employees will not be civilly liable for disclosure of information that has been released in good faith reliance on a written request from the Secretary of SRS.

Background

       A delegate from SRS appeared in support of the bill. A conferee from the Kansas Bankers Association asked for the ability to charge a reasonable fee for producing the information needed. The conferee from the Kansas Trial Lawyers Association expressed opposition to the immunity provision, as drafted.

       The fiscal note was not available at the time the bill was passed out of Committee.

*Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.kslegislature.org/cgi-bin/index.cgi