Governor Laura Kelly Signs Emergency Response Bill, Will Re-Issue Executive Orders to Protect COVID-19 Recovery

~Executive orders to be revoked on March 31^st will be reissued on April 1^st~

TOPEKA – Governor Laura Kelly today signed a bill to ensure Kansas can continue providing communities with resources and support critical to the state’s COVID-19 response and recovery efforts.

Among other provisions, Senate Bill 40 modifies the procedure for the declaration and extension of a state disaster emergency under the Kansas Emergency Management Act, and extends the current disaster declaration to May 28, 2021.

“This bipartisan compromise will extend the State of Disaster Emergency that allows us to provide hospitals with PPE, support food banks and pantries, and otherwise respond to the COVID-19 pandemic,” Governor Kelly said. “The bill includes provisions that I do not support and that could complicate our emergency response efforts. But I will continue to work with legislators and local leaders to keep Kansans safe and healthy during this pandemic.”

Several executive orders related to the COVID-19 pandemic were set to expire on March 31 in conjunction with the expiration of the state of disaster emergency. Senate Bill 40 includes a provision that revokes all current executive orders related to the COVID-19 pandemic, but the Governor retains the authority to re-issue orders under the new process imposed by the bill.

On April 1, the Governor will re-issue the following orders, which will remain in effect until rescinded or until the statewide state of disaster emergency expires, whichever is earlier:

• 20-40 – Temporarily allowing notaries and witnesses to act via audio-video communication technology during state of disaster emergency
• 20-43 – Temporary relief from certain restrictions concerning shared work programs during state of disaster emergency
• 20-56 – Amended Licensure, Certification, and Registration for persons and Licensure of “Adult Care Homes” during state of disaster emergency
• 20-61 – Temporarily prohibiting certain foreclosures and evictions
• 20-68 – Establishing a face coverings protocol (the re-issued order will apply to all counties)
• 20-69 – Requiring COVID-19 testing in certain adult care homes
• 20-70 – Provisions related to drivers’ license and identification cards during the state of disaster emergency
• 20-71 – Temporary relief from certain unemployment insurance requirements during state of disaster emergency
• 21-01 –  Temporary provisions for employer payment of income tax withholding for work performed in another State of Kansas
• 21-04 – Temporary relief from certain tuberculin testing requirements during state of disaster emergency
• 21-05 – Extending time for Kansas rural water districts to hold annual meetings during the COVID-19 pandemic
• 21-06 – Temporary authorization for additional vaccinators during state of disaster emergency

The following orders will not be re-issued and therefore allowed to expire:

• 20-37 – Allowing certain deferred tax deadlines and payments during the state of disaster emergency
• 20-59 – Requiring COVID-19 mitigation procedures in K-12 schools
• 20-66 – Amending provisions related to drivers’ license and vehicle registration and regulation during state of disaster emergency

View SB 40 here.

Next week’s Johnson & Johnson vaccines to be smaller than anticipated

TOPEKA – The Kansas Department of Health and Environment (KDHE) has learned that the number of Johnson & Johnson (Janssen) COVID-19 vaccines slated for delivery next week will be smaller than expected. Approximately 16,500 doses are scheduled to arrive next week, rather than the estimated 100,000 that had initially been indicated.

According to national reports, the full supply of vaccine expected from J&J has been delayed due to production issues and may not be ready to ship until the second or third week of April. In an attempt to boost the J&J supply, Merck – another international pharmaceutical company – has agreed to help manufacture J&J’s COVID-19 vaccine.

In addition to the J&J vaccine, Kansas is receiving an increase in Pfizer Prime doses 47,970 and 38,100 Pfizer Boost along with 27,800 Moderna Prime and 27,800 Moderna Boost.

Governor Laura Kelly Announces Statewide Rental, Utility Assistance for Families Affected by COVID-19

TOPEKA – Governor Laura Kelly today announced that the Kansas Housing Resources Corporation (KHRC) launched the Kansas Emergency Rental Assistance (KERA) program on Monday, March 15, providing rent, utility, and internet assistance to individuals and families financially impacted by COVID-19.

“Keeping Kansans in their homes and businesses – and ensuring they have access to the high-speed internet needed for telehealth, telework, and virtual school – has been a top priority for my administration since day one,” Governor Kelly said. “This program will be critical in ensuring Kansans can stay secure in their homes, stay warm, and maintain access to the internet.”

The program offers tenants up to 12 months of assistance with current or past due rent and past due utility and internet bills, including electric, gas, water, sewer, trash removal, and home energy services. Renters can apply for assistance with all, some, or any one of the services offered.

Both tenant and landlord must apply online. If the applicant meets the eligibility criteria, KHRC will make payments on the tenant’s behalf directly to the landlord or service provider(s).

Last year KHRC administered the Kansas Eviction Prevention Program (KEPP), a nearly $20 million rental assistance initiative to support Kansans financially impacted by COVID. In the roughly 60 days that the program was in statewide operation, it received applications from more than 10,000 tenants and more than 4000 landlords, ultimately serving more than 21,000 Kansans.

“Home has always been a place of shelter, but during the pandemic it’s become so much more,” Ryan Vincent, KHRC’s Executive Director, said. “The outpouring of interest we saw in the KEPP program demonstrated the tremendous need COVID has created across our state. We’re so pleased to offer not just rent, but also utility and internet assistance so we can keep Kansans safely housed and connected when they need it most.”

The KERA program will initially serve Kansans across the state, except those living within the Wichita city limits. Wichita residents may apply for assistance through the Wichita Emergency Rental Assistance Program (WERAP).

To learn more and apply for KERA assistance, visit the KHRC website.

About KHRC:

Kansas Housing Resources Corporation (KHRC) is a self-supporting, nonprofit, public corporation committed to helping Kansans access the safe, affordable housing they need and the dignity they deserve. KHRC serves as the state’s housing finance agency (HFA), administering essential housing and community programs to serve Kansans.

Governor Laura Kelly Announces Expanded Visitation Rules for Nursing Homes During COVID-19

~ KDADS working quickly to ensure Kansas facilities follow expanded CMS guidelines ~

TOPEKA – Today, Governor Laura Kelly and Kansas Department for Aging and Disability Services (KDADS) Secretary Laura Howard announced revised recommendations for nursing facilities to expand visitation in response to significant reductions in COVID-19 infections and transmission resulting from ongoing infection control practices, and high vaccination rates in the nursing home population.

“This updated guidance is great news for Kansans with loved ones in long-term care facilities and proof that our efforts to slow the spread of COVID-19 are working,” said Governor Laura Kelly. “While this is another step towards our return to normalcy, I encourage all Kansans to follow the guidance, continue to mask up, and receive the vaccine when it is their turn.”

According to Memorandum QSO-20-39-NH-Revised issued March 10, 2021 by the Federal Centers for Medicare and Medicaid Services and effective immediately, “… vaccines have received Emergency Use Authorization from the Food and Drug Administration. Millions of vaccinations have since been administered to nursing home residents and staff, and these vaccines have been shown to help prevent symptomatic SARS-CoV-2 infection (i.e., COVID-19). Therefore, CMS, in conjunction with the Centers for Disease Control and Prevention (CDC), is updating its visitation guidance accordingly, but emphasizing the importance of maintaining infection prevention practices, given the continued risk of COVID-19 transmission.”

CMS directs that visitation can be conducted through different means based on a facility’s structure and residents’ needs, such as in resident rooms, dedicated visitation spaces, outdoors, and for circumstances beyond compassionate care situations. Regardless of how visits are conducted, QSO-20-39-NH-Revised  outlines certain core principles and best practices consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes that reduce the risk of COVID-19 transmission and should still be adhered to at all times.

“Our Survey, Certification and Credentialing Commission has been acutely aware of the need to keep residents and workers in faculties healthy and safe during this pandemic by conducting inspections and investigations and at the same time they have worked very hard to offer and help implement programs that have allowed residents and their loved ones to communicate during the visitation restrictions using technology and other alternative methods,” KDADS Secretary Laura Howard said. “This new guidance is welcome news because we all recognize the emotional and physical toll being separated has on our seniors.”

Key revisions outlined in the new CMS memorandum include, but are not limited to:

• Outdoor visitation:
  • While taking a person-centered approach and adhering to the core principles of COVID-19 infection prevention, outdoor visitation is preferred even when the resident and visitor are fully vaccinated* against COVID-19. Outdoor visits generally pose a lower risk of transmission due to increased space and airflow. *Fully vaccinated refers to a person who is ≥2 weeks following receipt of the second dose in a 2-dose series, or ≥2 weeks following receipt of one dose of a single-dose vaccine, per the CDC’s Public Health Recommendations for Vaccinated Persons.
• Indoor visitation:
  • Facilities should allow indoor visitation at all times and for all residents (regardless of vaccination status), except for a few circumstances when visitation should be limited due to a high risk of COVID-19 transmission (note: compassionate care visits should be permitted at all times). These scenarios include limiting indoor visitation for:
    • Unvaccinated residents, if the nursing home’s COVID-19 county positivity rate is >10% and <70% of residents in the facility are fully vaccinated
    • Residents with confirmed COVID-19 infection, whether vaccinated or unvaccinated until they have met the criteria to discontinue Transmission-Based Precautions; or
    • Residents in quarantine, whether vaccinated or unvaccinated, until they have met criteria for release from quarantine.
  • Indoor visitation during an outbreak:
    • See QSO-20-39-NH-Revised for guidance as this is a new category.
  • Visitor testing and vaccination:
    • We encourage visitors to become vaccinated when they have the opportunity. While visitor testing and vaccination can help prevent the spread of COVID-19, visitors should not be required to be tested or vaccinated (or show proof of such) as a condition of visitation. This also applies to representatives of the Office of the State Long-Term Care Ombudsman and protection and advocacy systems.
  • Compassionate care visits:
    • Compassionate care visits, and visits required under federal disability rights law, should be allowed at all times, regardless of a resident’s vaccination status, the county’s COVID-19 positivity rate, or an outbreak.
    • If the resident is fully vaccinated, they can choose to have close contact (including touch) with their visitor while wearing a well-fitting face mask and performing hand-hygiene before and after. Regardless, visitors should physically distance from other residents and staff in the facility.

KDADS recognizes there are other long-term care settings in Kansas not subject to the guidance issued by CMS for certified nursing facilities. Using federal guidelines as a road map, KDADS has issued its Visitation Guidance for Long Term Care Settings for those facilities throughout the state.

To view a graphic detailing updated CMS guidance, please click here.

Governor Laura Kelly Announces Kansas Will Move To Phase 3 and 4 of COVID-19 Vaccine Distribution

~ State to begin vaccinating Kansans who qualify in Phase 3 and Phase 4 on March 22, 2021~

TOPEKA – Today, Governor Laura Kelly announced the state will move to Phase 3 and 4 of Kansas’ COVID-19 vaccination plan on March 22, 2021. With this move, individuals between ages 16 and 64 with a preexisting medical condition and other non-healthcare workers in critical infrastructure will be eligible for vaccination.

“Thanks to an increased supply in vaccine, Kansas will begin vaccinating individuals who qualify in either Phase 3 or Phase 4 on March 22,” said Governor Laura Kelly. “This expedited timeline will allow Kansans to get back to work, back to school, and back to a more normal way of life. I urge all Kansans to do their part by getting vaccinated when it is their turn and continuing to follow the public health guidance, so we can return back to normal.”

Kansans now eligible to be vaccinated include:

• Those aged 16 through 64 with conditions that increase the risk for severe illness from COVID-19, including:
o Cancer;
o Down Syndrome;
o Certain heart conditions;
o Type 1 & 2 diabetes;
o Pregnancy;
o Asthma;
o Cystic fibrosis;
o Liver disease;
o Neurological conditions like dementia;
o And other medical risks.

• And other non-health care workers in critical infrastructure who cannot work remotely, including:
o Agricultural and food workers not included in previous phases;
o Workers performing in-person activities indoors;
o Utility workers;
o Social service and government workers not included in previous phases;
o Logistics workers, such as truck transportation workers and couriers;
o Water and wastewater workers;
o Shelter, housing, and finance workers;
o And information technology and communication workers.

This announcement made one week ahead of time, will give counties with vaccination events planned an opportunity to finish vaccinating Kansans in Phases 1 and 2 and will ensure providers have enough time to prepare and notify Kansans who will be eligible in the newly combined Phase 3 and 4. Under this expedited timeline, Kansas is expected to move into the final phase of vaccinations by no later than May 1, 2021.

Additionally, Governor Kelly announced the state will activate more providers to complete vaccinations, including safety-net clinics, pharmacies, hospitals, and medical practices. Kansas will also partner with the federal government to set up mass vaccination sites in Kansas to increase the number of vaccinations possible per day.

Kansans who need help identifying if they are eligible should contact their local health department. Kansans can also utilize the “Find My Vaccine” mapping tool at KansasVaccine.Gov to locate a provider near them with vaccines available.

To view the updated COVID-19 Vaccine Prioritization plan, click here.

To view the updated COVID-19 Vaccine Prioritization plan in Spanish, click here.