Tool Kit
Table of Contents
Press Release Governor Letter Sample Letter to Governor How to talk to your Legislator How to File a Complaint Long Term Care Statistics News Letter Article Sample Letter to the Editor Tax info
pdf transcript 05/01/09 click here 2009 Kansas Legislators click here PRESS RELEASE 12/4/08 “Short-sighted, cruel, inhumane, and without any understand of the human and financial consequences”, were a few of the words used by Shannon Jones, the executive director of the SILCK. Since the announcement made by SRS on Mon., Dec. 1, “I have been trying to think of the best way to express my concern. These are the words which fit.” Ms. Jones outlined where the State of KS has been and where it seems to be going in providing needed Home and Community Based Services to low-income persons with disabilities. For the last 25 years the State has been moving in a positive and humane manner to ensure HCBS for eligible Kansans. Persons with physical disabilities, families, and advocates have been pleased with the way in which the State of Kansas has moved to provide services so individuals can stay in their own home and community and as a result can be employed and become a tax producer. All of this good effort of the last 25 years has fallen by the wayside with the announcement by SRS, effective immediately there is a hard freeze on new persons coming onto the program and additionally their financial goal is to not spend more than SRS was spending in November 2005. According to Ms. Jones, “That means a reduction of 1800 persons receiving HCBS. SRS announced on Mon., Dec. 1 that they wanted the program to get back to 5500 participants in the program from the 7316 currently in the program and they want this done by July 1, 2009. To get to that level of participants by July 1, 2009, it will require persons being dropped from the program and very slow intake after July 1, 2009, if any intake at all.” “So much for protecting social services,” said Ms. Jones, “those of us who advocate for persons with disabilities recognize that the HCBS program is an optional program and not an entitlement program, consequently it can be cut to help offset the State’s budget deficit. You might say, the State’s position seems to be an optional program for optional people. Those of us who advocate for persons with disabilities don’t see them as optional. In the spirit of the season, we hope our elected officials will not view persons with disabilities as optional.” back to table of contents Governor Letter December 4, 2008 Dear Governor Sebelius; We recognize the State is faced with very serious financial problems. We have appreciated your statements related to protecting social services and K-12 education funding. Now severe cuts have been announced by SRS. They indicate the State is running out of money. We don’t understand why there have been so many public statements to the effect of saying that the possible $1billion shortfall for FY 2010 has come as a surprise. Executive Budget and Legislative Budget have been providing expenditure and revenue estimates for the last three years which indicated that the State was spending at a rate in excess of revenues. The excess has been reported in the magnitude of $300-$400 million. SRS announced on Monday, Dec. 1, they were instituting a hard freeze on persons coming onto the HCBS/PD wavier and their goal is to get the program back to the level of serving 5500 persons. That means going back to November 2005 when there were 5516 utilizing the program. Currently the program is serving 7316 persons. To achieve that reduction it means a reduction of 1800 Kansans from HCBS/PD waiver. SRS has indicated the hard freeze on in-take will hold until at least July 1, 2009. To achieve that reduction by July 1, 2009, it would appear some persons will have to be denied services. The consequences of such a decision is devastating to persons with disabilities who are utilizing the program. It is disheartening to members of the families and advocates. Also, it means we will see an increase of persons going into nursing homes. The financial and health condition of eligible persons is the same for both programs. The nursing home program is an entitlement program, which means for every two persons maintained in HCBS, it will cover the cost of only one in a nursing home. This is a break with the State’s historical precedent over the last 25 years of emphasizing individuals being in their own homes and community. It is also contrary to any kind of health care reform if health care reform is thought of in terms of lessening the need for expensive institutional care. We view this matter as very serious concern. We would like to meet with you and your staff as soon as possible. Shannon M. Jones, SILCK Jennifer Schwartz, KACIL785-234-6990 785-215-8048 back to table of contents Sample Letter to Governor December 23, 2008 Governor Kathleen SebeliusState Capitol Topeka KS 67357 Dear Governor, Happy Holidays! Hoping all is fine with you and yours. As citizens we realize that the position you hold is a tremendous challenge. We also realize that, as Governor, you must make choices and decisions in the best interest of all Kansans. That is what we ask of you now. Tough decisions for Kansans. Secretary Jordan has imposed a “hard freeze” on the Physically Disabled Waiver. The effect this will have on individuals and their families needing these essential services is devastating. The thought that the number of people served on this “optional” program can be reduced to 5,500 hundred people is poorly thought out and short-sighted. The ripple effect this will have on the local and state economy is significant. As an individual receiving service dies, moves away, gets better, or moves to another program, the position for Personal Care Attendants (PCAs) will be lost with no chance or opportunity for continued work with another individual. Many of these people on an $ 8.25-$9.50 pay scale, already fighting the threat of poverty, will possibly be forced to access other poverty related programs at SRS. The impact on individuals in need of PD services will be devastating. The economical impact will touch every Main street in Kansas. Are people with disabilities, and the jobs they provide, truly optional? Thank you for your thoughts. Happy Holidays, back to table of contents How to talk to your Legislator SILCK Statewide Independent Living Council of Kansas, Inc. ¨How To Talk To Your Legislator¨ Identify yourself and the organization your represent. Let them know if you have ever worked on his/her campaign or donated money. Inform them about mutual friends, if you attend the same church or belong to the same club, etc. In other words, the more personal you can make the contact, the better. Be polite. Never scold or preach. Be tolerant of the legislator’s point of view. Be courteous even if they disagree with you. Remember, they may not support your position on this issue, but they might be supportive on another issue. Be prepared. Familiarize yourself with the issues so you can talk intelligently. If a question comes up that you can’t answer, tell him/her honestly that you don’t know the answer and promise to get them the information. Be sure to make a note on your contact sheet that this legislator needs more information. Be clear and concise. Make sure the legislator understands your position and there is no mistake about what you are asking them to do. Remember, they are probably not that familiar with the specific issues and/or legislation. If you want them to support a bill, be sure you state that clearly. Stay focused. If the legislator gets off the subject, gently bring them back to the purpose of the visit. Make every effort to get them to state their position on each issue and mark your contact sheet accordingly. Try to politely pin them down. Listen to your legislator. Legislators need to be able to express their concerns. Be willing to listen to their point of view, even if it is not what you want to hear. Don’t be intimidated. Remember, they are just people like you and me and probably know less about your issues than you do. Don’t be afraid to sit down and talk with them. Always thank the legislator for his/her time and consideration. If they have been supportive of past issues, thank them for their support. Legislators receive many criticisms, many requests and few compliments; so let them know when you are pleased with them. back to table of contents How to File a Complaint How to file a discrimination complaint with the Office of Civil Rights. It's not technically an "Olmstead complaint" but that would be the basis of the complaint. for complaint form and information click here this also has the link to the form to fill out, tells you what regional office to send it to. Also, we suggested sending it to state reps and senators in the area of the consumer, Federal Representatives and Senators and Governor Sebelius. back to table of contents Long Term Care Statistics click Here for Long Term Care Statistics back to table of contents News Letter Article ADVOCACY! ADVOCACY! ADVOCACY!: This Year is Going to be a Tough One! by: Anne-Marie Hughey, SKIL Legislative & Policy Advocate Even though the 2009 legislative session has not yet begun, it is time to tool up for our biggest advocacy drive ever! As we are already feeling the devastating effects of the State’s financial crisis. Te State’s budget for fiscal year (FY) 2010 is going to be ONE BILLION DOLLARS SHORT, and it is required by the Kansas constitution for the State to have a balanced budget, the state will be looking to agencies to cut 11% to 22% from each of their FY 2010 budget. The first significant effect of the budget crisis came on December 1, 2008 when Social and Rehabilitation Services put a freeze on the Home and Community Based (HCBS) Waiver for People with Physical Disabilities. What does this mean? That as of December 1, individuals with physical disabilities who need and are eligible for PD Waiver HCB services will be put on a waiting list until potentially June 30, 2009 or longer. The consequences of such a decision are devastating to persons with disabilities who are utilizing the program. It is disheartening to members of the families and advocates. Also, it means we will see an increase of persons going into nursing homes. The financial and health condition of eligible persons is the same for both programs. The nursing home program is an entitlement program that means for every two persons maintained in HCBS, it will cover the cost of only one in a nursing home. This is a break with the State’s historical precedent over the last 25 years of emphasizing individuals being in their own homes and community. It is also contrary to any kind of health care reform if health care reform is thought of in terms of lessening the need for expensive institutional care. We also know that when people with disabilities are able to receive home and community based services through the waiver, the likelihood of them obtaining and/or maintaining integrated and competitive employment, and thereby becoming tax paying citizens of the state is much higher. That is why all of us must immediately develop a positive working relationship with our Representative and Senators, share with them the SILCK/KACIL Budget and Policy Priorities, and educate them on how funding the following budget requests will help Kansas AVOID more costly services. 2009 SILCK/KACIL Policy Committee Budget & Policy Priorities To prevent people with disabilities from having to go to a nursing facility we need to RESTORE services to the physically disabled. We ALL need to talk with our legislators and ask them to: Ø Eliminate the freeze (waiting list) for the FY 2009 PD waiver. Ø Provide the necessary funding to insure that there is no waiting list for the PD Waiver in FY 2010 Ø Provide the necessary funding to maintain the current number of persons on the DD waiver. Ø Provide the necessary funding to insure that there is no waiting list for the FE Waiver in FY 2010. Ø Restore funding $375,000 to the AT program Also, let them know we appreciate the increase set forth last year by the legislature and Governor related to the Protected Income Level (PIL). However we need continue to work to insure that the 2009 SSA cost of living increase goes to consumers, not the state general fund. I wish you all a very happy and peaceful holiday season, and look forward to ADVOCATING with all of you as we work to achieve the SILCK/KACIL Policy Committee 2009 Budget & Policy Priorities. back to table of contents Sample Letter to the Editor SAMPLE LETTER TO THE EDITOR SRS announced on Monday, Dec. 1, they were instituting a hard freeze on in home support services for low income persons with disabilities age 16 to 64. So much for protecting of social services, as the Governor had promised. The consequences of such a decision is devastating to persons with disabilities who are utilizing the program. It is disheartening to members of the families and advocates. Also, it means we will see an increase of persons going into nursing homes. The financial and health condition of eligible persons is the same for both programs. The nursing home program is an entitlement program, which means for every two persons maintained in HCBS, it will cover the cost of only one in a nursing home. This is a break with the State’s historical precedent over the last 25 years of emphasizing individuals being in their own homes and community. It is also contrary to any kind of health care reform if health care reform is thought of in terms of lessening the need for expensive institutional care. Those of us who advocate for persons with disabilities recognize that Home and Community Based program is an optional program and not an entitlement program, consequently it can be cut to help offset the State’s budget deficit. You might say, the State’s position seems to be an optional program for optional people. Those of us who advocate for persons with disabilities don’t see them as optional. In the spirit of the season, we hope our elected officials will not view persons with disabilities as optional.” back to table of contents FOR IMMEDIATE RELEASE December 23, 2008 Contact: Dave Sorrick, SKIL Resource Center, Inc daves@skilonline.com 620-423-6600 LETTER TO THE EDITOR State of Kansas to Force the Elimination of Thousands of Kansas Jobs Dear Editor, On December 1, 2008, the State of Kansas announced a “hard freeze” on new admissions to the Home and Community-Based Waiver for Kansans with Physical Disabilities (HCBS/PD). This is a service option that allows Kansans ages 16 to 64 who are qualified by disability and income to admission to a nursing home to avoid that option by receiving the supports necessary to stay in their own home or apartment and receive those supports in the community. This waiver of the entitlement to nursing home care is typically delivered at about half of the cost of staying in a nursing home. It also allows these Kansans to seek employment and continue their roles as taxpayers by shopping in their local stores and gas stations, paying property taxes, and contributing to their local economies. This unprecedented decision to not allow any new admissions (except in the most life threatening conditions) will force the reduction in HCBS/PD recipients by 1800 Kansans. The economic impact on our cities, towns, and counties will be extreme. Each HCBS/PD customer creates 1 and ½ support jobs in their local community. Additionally, another half-time position is created in a local provider agency, monitoring or administering state office, office of a state contractor, or other such indirect support service, like a Durable Medical Equipment company. By using these job multipliers, it is apparent that 2400 currently employed care attendants face unemployment as their existing HCBS/PD recipient transitions (die, move back with the kids, go to a hospital or nursing home, recover, etc.) and there are no new “patients” to move over to serve. And, another 900 indirect jobs will have to be eliminated. That’s 3300 Kansans losing their jobs as a result of this poor decision! Are we a society that supports balancing the state budget on the backs of the most vulnerable? I call on all Kansans to contact your local Kansas Representative, Kansas Senator, and Governor Sebelius to ask for a reversal of this decision and a compromise solution BEFORE THESE JOBS ARE LOST. Dave Sorrick, SKIL Resource Center, Inc. Parsons, KS back to table of contents Tax Info Simply put… Over the last decade the State of Kansas has cut taxes close to $6 Billion dollars! Tax cuts have been granted for corporations, industries, farm machinery and equipment, estate tax, etc. Meanwhile, our state is in the most significant financial crisis we have ever known…essential services are being threatened, even frozen! The time is here…to talk about taxes… What if we temporarily froze the corporate franchise tax and estate tax? (Est. $25M) What if we temporarily repealed the residential exemptions? (Est. $44M) What is we temporarily increased sales tax by 1%? (Est. $350M) back to table of contents Statewide Independent Living Council of Kansas www.silck.org Send us your questions and comments about this site. Web Hosting & Design by NexLynx, Inc.
pdf transcript 05/01/09 click here
2009 Kansas Legislators click here
PRESS RELEASE 12/4/08
“Short-sighted, cruel, inhumane, and without any understand of the human and financial consequences”, were a few of the words used by Shannon Jones, the executive director of the SILCK. Since the announcement made by SRS on Mon., Dec. 1, “I have been trying to think of the best way to express my concern. These are the words which fit.”
Ms. Jones outlined where the State of KS has been and where it seems to be going in providing needed Home and Community Based Services to low-income persons with disabilities. For the last 25 years the State has been moving in a positive and humane manner to ensure HCBS for eligible Kansans. Persons with physical disabilities, families, and advocates have been pleased with the way in which the State of Kansas has moved to provide services so individuals can stay in their own home and community and as a result can be employed and become a tax producer. All of this good effort of the last 25 years has fallen by the wayside with the announcement by SRS, effective immediately there is a hard freeze on new persons coming onto the program and additionally their financial goal is to not spend more than SRS was spending in November 2005. According to Ms. Jones, “That means a reduction of 1800 persons receiving HCBS. SRS announced on Mon., Dec. 1 that they wanted the program to get back to 5500 participants in the program from the 7316 currently in the program and they want this done by July 1, 2009. To get to that level of participants by July 1, 2009, it will require persons being dropped from the program and very slow intake after July 1, 2009, if any intake at all.”
“So much for protecting social services,” said Ms. Jones, “those of us who advocate for persons with disabilities recognize that the HCBS program is an optional program and not an entitlement program, consequently it can be cut to help offset the State’s budget deficit. You might say, the State’s position seems to be an optional program for optional people. Those of us who advocate for persons with disabilities don’t see them as optional. In the spirit of the season, we hope our elected officials will not view persons with disabilities as optional.”
back to table of contents
Governor Letter
December 4, 2008
Dear Governor Sebelius;
We recognize the State is faced with very serious financial problems. We have appreciated your statements related to protecting social services and K-12 education funding. Now severe cuts have been announced by SRS. They indicate the State is running out of money. We don’t understand why there have been so many public statements to the effect of saying that the possible $1billion shortfall for FY 2010 has come as a surprise. Executive Budget and Legislative Budget have been providing expenditure and revenue estimates for the last three years which indicated that the State was spending at a rate in excess of revenues. The excess has been reported in the magnitude of $300-$400 million.
SRS announced on Monday, Dec. 1, they were instituting a hard freeze on persons coming onto the HCBS/PD wavier and their goal is to get the program back to the level of serving 5500 persons. That means going back to November 2005 when there were 5516 utilizing the program. Currently the program is serving 7316 persons. To achieve that reduction it means a reduction of 1800 Kansans from HCBS/PD waiver. SRS has indicated the hard freeze on in-take will hold until at least July 1, 2009. To achieve that reduction by July 1, 2009, it would appear some persons will have to be denied services.
The consequences of such a decision is devastating to persons with disabilities who are utilizing the program. It is disheartening to members of the families and advocates. Also, it means we will see an increase of persons going into nursing homes. The financial and health condition of eligible persons is the same for both programs. The nursing home program is an entitlement program, which means for every two persons maintained in HCBS, it will cover the cost of only one in a nursing home. This is a break with the State’s historical precedent over the last 25 years of emphasizing individuals being in their own homes and community. It is also contrary to any kind of health care reform if health care reform is thought of in terms of lessening the need for expensive institutional care.
We view this matter as very serious concern. We would like to meet with you and your staff as soon as possible.
Shannon M. Jones, SILCK Jennifer Schwartz, KACIL785-234-6990 785-215-8048
Sample Letter to Governor
December 23, 2008
Governor Kathleen SebeliusState Capitol Topeka KS 67357
Dear Governor,
Happy Holidays! Hoping all is fine with you and yours.
As citizens we realize that the position you hold is a tremendous challenge. We also realize that, as Governor, you must make choices and decisions in the best interest of all Kansans. That is what we ask of you now. Tough decisions for Kansans.
Secretary Jordan has imposed a “hard freeze” on the Physically Disabled Waiver. The effect this will have on individuals and their families needing these essential services is devastating. The thought that the number of people served on this “optional” program can be reduced to 5,500 hundred people is poorly thought out and short-sighted. The ripple effect this will have on the local and state economy is significant.
As an individual receiving service dies, moves away, gets better, or moves to another program, the position for Personal Care Attendants (PCAs) will be lost with no chance or opportunity for continued work with another individual. Many of these people on an
$ 8.25-$9.50 pay scale, already fighting the threat of poverty, will possibly be forced to access other poverty related programs at SRS.
The impact on individuals in need of PD services will be devastating. The economical impact will touch every Main street in Kansas.
Are people with disabilities, and the jobs they provide, truly optional?
Thank you for your thoughts.
Happy Holidays,
How to talk to your Legislator
SILCK
Statewide Independent Living Council of Kansas, Inc.
¨How To Talk To Your Legislator¨
How to File a Complaint
How to file a discrimination complaint with the Office of Civil Rights.
It's not technically an "Olmstead complaint" but that would be the basis of the complaint.
for complaint form and information click here
this also has the link to the form to fill out, tells you what regional office to send it to.
Also, we suggested sending it to state reps and senators in the area of the consumer,
Federal Representatives and Senators and Governor Sebelius.
Long Term Care Statistics
click Here for Long Term Care Statistics
News Letter Article
ADVOCACY! ADVOCACY! ADVOCACY!: This Year is Going to be a Tough One!
by: Anne-Marie Hughey, SKIL Legislative & Policy Advocate
Even though the 2009 legislative session has not yet begun, it is time to tool up for our biggest advocacy drive ever! As we are already feeling the devastating effects of the State’s financial crisis. Te State’s budget for fiscal year (FY) 2010 is going to be ONE BILLION DOLLARS SHORT, and it is required by the Kansas constitution for the State to have a balanced budget, the state will be looking to agencies to cut 11% to 22% from each of their FY 2010 budget.
The first significant effect of the budget crisis came on December 1, 2008 when Social and Rehabilitation Services put a freeze on the Home and Community Based (HCBS) Waiver for People with Physical Disabilities. What does this mean? That as of December 1, individuals with physical disabilities who need and are eligible for PD Waiver HCB services will be put on a waiting list until potentially June 30, 2009 or longer.
The consequences of such a decision are devastating to persons with disabilities who are utilizing the program. It is disheartening to members of the families and advocates. Also, it means we will see an increase of persons going into nursing homes. The financial and health condition of eligible persons is the same for both programs. The nursing home program is an entitlement program that means for every two persons maintained in HCBS, it will cover the cost of only one in a nursing home. This is a break with the State’s historical precedent over the last 25 years of emphasizing individuals being in their own homes and community. It is also contrary to any kind of health care reform if health care reform is thought of in terms of lessening the need for expensive institutional care.
We also know that when people with disabilities are able to receive home and community based services through the waiver, the likelihood of them obtaining and/or maintaining integrated and competitive employment, and thereby becoming tax paying citizens of the state is much higher.
That is why all of us must immediately develop a positive working relationship with our Representative and Senators, share with them the SILCK/KACIL Budget and Policy Priorities, and educate them on how funding the following budget requests will help Kansas AVOID more costly services.
2009 SILCK/KACIL Policy Committee Budget & Policy Priorities
To prevent people with disabilities from having to go to a nursing facility we need to RESTORE services to the physically disabled.
We ALL need to talk with our legislators and ask them to:
Ø Eliminate the freeze (waiting list) for the FY 2009 PD waiver.
Ø Provide the necessary funding to insure that there is no waiting list for the PD Waiver in FY 2010
Ø Provide the necessary funding to maintain the current number of persons on the DD waiver.
Ø Provide the necessary funding to insure that there is no waiting list for the FE Waiver in FY 2010.
Ø Restore funding $375,000 to the AT program
Also, let them know we appreciate the increase set forth last year by the legislature and Governor related to the Protected Income Level (PIL). However we need continue to work to insure that the 2009 SSA cost of living increase goes to consumers, not the state general fund.
I wish you all a very happy and peaceful holiday season, and look forward to ADVOCATING with all of you as we work to achieve the SILCK/KACIL Policy Committee 2009 Budget & Policy Priorities.
Sample Letter to the Editor
SAMPLE LETTER TO THE EDITOR
SRS announced on Monday, Dec. 1, they were instituting a hard freeze on in home support services for low income persons with disabilities age 16 to 64. So much for protecting of social services, as the Governor had promised.
Those of us who advocate for persons with disabilities recognize that Home and Community Based program is an optional program and not an entitlement program, consequently it can be cut to help offset the State’s budget deficit. You might say, the State’s position seems to be an optional program for optional people. Those of us who advocate for persons with disabilities don’t see them as optional. In the spirit of the season, we hope our elected officials will not view persons with disabilities as optional.”
FOR IMMEDIATE RELEASE December 23, 2008
Contact: Dave Sorrick, SKIL Resource Center, Inc daves@skilonline.com 620-423-6600
LETTER TO THE EDITOR
State of Kansas to Force the Elimination of Thousands of Kansas Jobs
Dear Editor,
On December 1, 2008, the State of Kansas announced a “hard freeze” on new admissions to the Home and Community-Based Waiver for Kansans with Physical Disabilities (HCBS/PD). This is a service option that allows Kansans ages 16 to 64 who are qualified by disability and income to admission to a nursing home to avoid that option by receiving the supports necessary to stay in their own home or apartment and receive those supports in the community. This waiver of the entitlement to nursing home care is typically delivered at about half of the cost of staying in a nursing home. It also allows these Kansans to seek employment and continue their roles as taxpayers by shopping in their local stores and gas stations, paying property taxes, and contributing to their local economies. This unprecedented decision to not allow any new admissions (except in the most life threatening conditions) will force the reduction in HCBS/PD recipients by 1800 Kansans. The economic impact on our cities, towns, and counties will be extreme. Each HCBS/PD customer creates 1 and ½ support jobs in their local community. Additionally, another half-time position is created in a local provider agency, monitoring or administering state office, office of a state contractor, or other such indirect support service, like a Durable Medical Equipment company. By using these job multipliers, it is apparent that 2400 currently employed care attendants face unemployment as their existing HCBS/PD recipient transitions (die, move back with the kids, go to a hospital or nursing home, recover, etc.) and there are no new “patients” to move over to serve. And, another 900 indirect jobs will have to be eliminated. That’s 3300 Kansans losing their jobs as a result of this poor decision! Are we a society that supports balancing the state budget on the backs of the most vulnerable? I call on all Kansans to contact your local Kansas Representative, Kansas Senator, and Governor Sebelius to ask for a reversal of this decision and a compromise solution BEFORE THESE JOBS ARE LOST. Dave Sorrick, SKIL Resource Center, Inc. Parsons, KS
Tax Info
Simply put…
Over the last decade the State of Kansas has cut taxes close to $6 Billion dollars!
Tax cuts have been granted for corporations, industries, farm machinery and equipment, estate tax, etc.
Meanwhile, our state is in the most significant financial crisis we have ever known…essential services are being threatened, even frozen!
The time is here…to talk about taxes…
What if we temporarily froze the corporate franchise tax and estate tax? (Est. $25M)
What if we temporarily repealed the residential exemptions? (Est. $44M)
What is we temporarily increased sales tax by 1%? (Est. $350M)
Statewide Independent Living Council of Kansas www.silck.org Send us your questions and comments about this site. Web Hosting & Design by NexLynx, Inc.
