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Did Not Advance

Kansas Legislature establishes legal hierarchy for medical surrogates and provider guidelines

Original title: AN ACT concerning health and healthcare; enacting the Kansas surrogate medical decisions act to establish a hierarchy for identifying a surrogate who would make healthcare decisions; providing associated definitions and provider guidelines.

Last action · April 10, 2026: Died in Committee

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

This bill enacts the Kansas surrogate medical decisions act to establish a priority order for identifying who may make healthcare decisions for an incapacitated patient. It sets provider guidelines, outlines conscience objections for medical facilities, and grants civil and criminal immunity to providers and surrogates acting in good faith.

Why it matters

The measure determines who legally controls medical treatments, including life-sustaining care, for incapacitated patients without s, directly affecting family members, healthcare providers, and medical facilities across Kansas.

Background
  • The bill was introduced by the House Committee on Judiciary during the 2025-2026 legislative session and ultimately failed to pass out of committee. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

patients

Patients who lack medical capacity have their decision-making hierarchy, surrogate rules, and advance directives governed by the act.

Directly affected

healthcare providers

Healthcare providers must follow specific identification procedures, record determinations in clinical records, and are granted immunity when complying with valid decisions.

Directly affected

medical care facilities

Medical facilities must handle ethics review processes, record surrogate designations, and manage patient transfers if conscience objections arise.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who has primary authority to make medical decisions if a patient lacks capacity?
A court-appointed guardian has top priority, followed by a designated healthcare agent, a patient-designated surrogate, and finally an identified surrogate selected from family or close friends according to a statutory hierarchy.
Can a medical facility refuse to honor a surrogate's healthcare decision?
Yes, a healthcare provider or medical care facility may decline to follow a decision if it conflicts with conscience-based policies or generally accepted healthcare standards, provided they assist in transferring the patient.
What happens if there is a dispute among family members who have equal priority as surrogates?
A majority of the identified surrogates may make the healthcare decision. If there is a tie, the matter is brought through the medical care facility's .

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died in committee.

Procedural history

3 actions
  1. Apr 10, 2026House
    Died in Committee
  2. Feb 5, 2026HouseIntroduced
    Introduced
  3. Feb 5, 2026HouseCommittee
    Referred to House Committee on Judiciary

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Codification of Healthcare Surrogacy

The bill creates a statutory framework for medical surrogate prioritization where no advance directive or guardian exists under Kansas law.

Connected Entities

State Board of Healing Arts, House Committee on Judiciary
OrganizationState Board of Healing Arts“Licensing body for physicians”Map →
OrganizationHouse Committee on Judiciary“Bill sponsor”Map →

Sources

Open source document

www.kslegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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