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State Legislative Updates

 

For 2003-2004 legislative Big Tent Coalition updates please go to: www.bigtentcoalition.org 

THE KANSAS BIG TENT COALITION was formed with the following statement of beliefs

STATEMENT OF BELIEFS 

The Kansas Big Tent Coalition is comprised of organizations and individual advocates who share the common goal of restoring State funds to protect and preserve essential services for Kansas’ most vulnerable citizens.  Collectively, the Coalition believes that: 

1.       Each society is best judged by how it treats its most vulnerable citizens. 

2.       By eliminating essential services to citizens in need, Kansas jeopardizes their basic human right, as supported by the Olmstead Decision, to live in the most integrated setting of their choice.  Without services, these citizens will find their right to choice, dignity, and self-determination compromised. 

3.       There comes a time when reductions are counter-productive.  Our state has reached that point.  These reductions are overtly harmful to seniors, the working poor, and people with disabilities.  Moreover, they put families in crisis and children at risk. Consequently, when assistance is not available, situations exacerbate and conditions worsen.  The ultimate costs to the consumer, their families, and the state will far exceed past expenditures. Funding cuts, though seemingly expedient in the short-run, will undoubtedly undermine the state’s ability to avoid higher care and assistance costs in the future. 

4.       Many of the beneficiaries who will lose services, and their families, have long been contributing to the state of Kansas through their taxes.  They are expected to meet their responsibilities as citizens, while the State has chosen to redefine its own responsibility to its vulnerable citizens.   

5.       For many years, the providers of health and social services, including Medicaid, have subsidized the programs by providing millions of dollars of free care. They have felt a civic responsibility to participate and have tried to balance their losses by other means.  But, in these economic times, that has become more and more difficult. As small businesses, they too contribute to the tax base and are now jeopardized by sharply reduced rates and the elimination of services.  Reimbursement rates do not begin to cover actual costs and many providers will have to cease participation. 

6.       A basic American doctrine is that “you must help people to help themselves.”  For many, these services allow them to remain independent, while participating productively in their families and communities.  Without these services, many of these individuals will have no options and little choice about the way their lives will change.  They’ll lose the dignity of independence, their self-sufficiency, and freedom from a daily struggle just to manage their essential daily needs. 

7.       We must not lose sight of the fact that these cuts fall on the shoulders of Kansans who already face significant challenges.  We cannot forget that the “numbers” have faces and that their lives will be significantly altered by our decisions.  No one should have to live at the mercy of others, but should have the right to live by “choice”, not by “chance.” 

 

Legislative Update 3/20/02

The House Appropriations committee today began looking at how to save 698 million without having to raise taxes. As we discussed yesterday, since the House refused to pass any tax increases last week, Chairman Wilk is looking at what cuts will have to be made to have a balanced budget. This is still in the discussion phase in the Appropriations committee. These cuts start from the "deep cut" Gov. budget and add the following: 

$6.7 MILLION - RAISE LOC SCORES TO 50 

$131 per pupil cut for base state aid 

$36 million in "furloughs" for state employees. Unpaid days off. 

$25 million fee fund balances 

$24 million regents base budget 

$15 million in sale of assets in parks 

$12 million Shift care plans for NF residents, resulting in pharmacy savings 

$10.3 million Demand transfers 

$10 million eliminate all on call temp services 

$10 million reduce SGF expenditures 

$8.3 million Freeze NF rates 

$6 million freeze on equipment purchases 

$5 million -out of state travel 

$5 million 1 year no new vehicle purchases 

Many more cuts below 5 million. 

More information to come tomorrow. 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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Legislative Update 3/18/02

The House made no progress in looking at taxes last week. Now the next effort will be to increase cuts already proposed by the House and take that to the House Floor for debate and a vote. 

Meanwhile, the Senate Budget Committee continues their work. 

As predicted the budget shortfall rose to $698 million after SRS caseloads were revised on Friday. 

We need to get more information in the media regarding this budget deficit. The general public still does not understand the implications of the deep cuts that would have to be made in SRS, Aging and Schools in order to pass a budget with no revenue enhancements. 

House Appropriations Chair Kenny Wilk challenged the Gubernatorial candidates to meet with his committee ands show them where there is waste to cut from this budget. 

We suggest that you do the same with your legislators. Ask them to show you specifically where all this "administrative waste" is. Then tell them how the deep cuts will affect your life! 

Any stories/letters to the editor in the media that will get the general public to understand the enormity of the problem is crucial in helping those legislators that support enhancements and will push those that do not. 

We had a great showing at the Capital at the Day at the Capital last week. Let's follow that up with the hard work at home. 

That's all for now. 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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Legislative Update 3/8/02 

SRS Budget

The House sub committee on SRS met all week to hear testimony and to deliberate on the SRS Budget. PLEASE call or send a note to members of that committee for their patience and respect that they showed the citizens of Kansas. They listened, asked questions and remained in the room to hear all that people had to say. It was remarkable. Special appreciation and thanks to Melvin Neufeld, committee Chair. 

Also thanks to all who came and sat through the testimony and who gave very compelling testimony especially the gentleman from Topeka, Bill Long, Bob Mikesic, Lou Ann Kibbee, Stephanie Sanford, Shannon Jones, Mike Oxford and Kirk Lowery. If I've forgotten anyone, I apologize, but thanks.

The bottom line is the following recommendations will be made sometime next week to the full appropriations committee: 

1. Look at means testing for all programs, including SGF and State Aid.

2. Look at equalizing rates for services across waivers, going with the higher rate.

3. Rethink the idea of doing background checks on parents and guardians (Laura Howard told them there is already a work group studying this).

4.SRS is directed to meet with the advocates to report back on eight points identified in testimony regarding DD Waiver (see KACIL.org for testimony given by me on March 6th)

5. SRS meet with advocates, providers to develop pilot projects for transition program for the PD and DD Waiver. 

They did not talk about LOC scores in discussion last night, but did get numbers from SRS on what savings would be by raising scores up to 50. Because they already added language in the Aging budget to, as a last resort consider raising scores to 50, I don't think they needed to repeat that in this budget, but we'll update you when the final report comes out. 

We did, as some of you asked reminded them that as they look at taking people off services to keep in mind that there are still people who have scores of 15 to 25 still on the waiver. Our point was not to "tell on" pole, but to consider people with least needs before going after people with greatest needs. 

More to come next week. 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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Legislative Update 2/22/02

SRS and Aging 

The Senate Ways and Means Committee finished work on the SRS Budget. They basically accepted the Governor's deep cut budget. They did however target items as priorities to be discussed at Omnibus. We assume that means if an enhancement package is approved these items would be on the list for consideration for funding.

They are:

1. Pharmacy Drug Dispensing Fee Reduction. In addition to the CO pay issue, pharmacists are also being cut. 50 for each prescription dispensed. This item got some discussion.

2. Family Preservation.

3. DD Community grants.

4. Community Mental Health Grants.

5. Funeral Services. This means poor people get no assistance with funeral or burying. It's another on the list every year.

6. HCBS Waiting Lists. Both PD and MR/DD.

Senator Feliciano did a Minority report describing his concerns about not funding all of the above now and he added concerns we all have about additional $1.00 for Pharmacy Co. pays. Thanks to Senator Feliciano for his courage! 

Department On Aging budget was heard this week in House Subcommittee. Report will go to full appropriations committee next week. Compelling testimony by SILC, Area Agencies on Aging, Kirk Lowery from TILRC and KACIL all expressed concerns about shortfall in budget for in home services and HCBS services for Aging. 

Next week the House Sub Committee will begin SRS Budget with HEARINGS ON SRS BUDGET ON TUESDAY. They meet in room 519 at 3:30 in the afternoon. Our intent would not be to overwhelm them with testimony, but we hope we can count on the excellent testimony from those who gave it in the Senate, and once again, to ensure there are folks there to hear the testimony. 

Please read info on HB 2020. It now needs to get out of committee and approved on House floor with no amendments (see alert from Becca)

We also need calls for SB 516. See KIC alert. ( if you didn't get that one, let me know and I will forward it to you. 

Whew! Busy week at the statehouse with no rest in the near future! 

Thanks for all your hard work, don't give up, we've only just begun! 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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Legislative Update 2/15/02 

The Ways and Means committee will finish (we hope) deliberations on the SRS Budget today. As of yesterday, as we predicted, they acknowledged our concerns by listing PD Waiver funding as a priority issue, but not adding any funding. In essence, they are sticking with the Governor's "deep" cut budget until they determine if more revenue will be available. If there is ever more revenue available, they would identify PD Waiver, Family Preservation and some other topics at the top of their list. 

In the Governor's budget (not his enhancements) it does include adding $1.00 to the cost of co pay for pharmaceuticals. That means anyone who is currently paying or is supposed to be paying $2.00 for each prescription would have to start paying $3.00 in July. Anyone who is exempt from co pay now (all Waiver folks) are still exempt. 

In our discussions regarding this increase we talked with Laura Howard who informed us that according to federal law, people cannot be denied their prescriptions if they can't pay. So we asked where the cost savings would come if they couldn't pay it. We learned that if a consumer can't pay, the Pharmacist has to pay for the co pay. 

Thanks to our friend and advocate Leroy Bell, we soon found out that lot's of folks are being denied their meds by pharmacists, if they can't pay the co pay. Laura tells us that if that is occurring, then we need to turn in those pharmacists because it is against the contract. 

Whoa now, don't start calling yet. The real problem here is that the Pharmacists are in essence getting this increase. After spending some time with the lobbyist for the Pharmacy folks I am getting a better understanding of the issue. They can't afford to lose another dollar per prescription, so what will happen if we force their hand is they will just refuse to prescribe for Medicaid. Then where do you go to get prescriptions filled? 

We continue to oppose this increase. It's not good for anyone, however it will add a savings of over $1,000,000 to the budget. Without it, the Legislature will have to find savings somewhere else. 

A final note, it appears that we have finally come to agreement on the issue of transfer to the FE waiver when you turn 65. Regulations will be out soon and the process should allow us to start on July 1, 2002. Thanks to the Governor's staff, SRS and Aging for coming together to solve this one. 

In our discussion we learned that based on Governor's budget, the Department on Aging will have a waiting list for the FE waiver beginning in July and they anticipate it getting as high as 300 by end of fiscal year. As you may or may not know, income eligible programs already have waiting lists and are beginning to cut back services. 

DOA budget will be heard next week in the House subcommittee at 3:30 starting Monday. 

Final report on SRS Budget will go to the Senate Ways and Means on Tuesday of next week. (That's 10:30 in Ways and Means room). 

Senate Ways and Means will be discussing Level of Care Scores tomorrow at 10:30. This may be our next big battle! 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

Legislative Update 2/12/02 

HB 2020 Hearing Date 2-20-02 

Please act NOW! Need to organize testimony if you want to testify please call Becca at 1-800-443-2207 or 233-4572. Also letters in support of HB 2020 to the Committee are needed for the 20th!!!  

Victory is close !!
 URGENT 
 Action Needed Now!!!

HB 2020 is scheduled for a hearing Wednesday February 20th    

HB 2020 otherwise known as the Kansas Visit-ability Bill is scheduled for a hearing on the 20th in the Senate Federal and State Affairs Committee. The hearing will take place in Room 245-E at 10:30 -Noon. 

Senator Nancey Harrington-(785) 296-7367-Chairperson
Secretary of Committee: Nicole Kraus 

Note: There is a slight chance that this date is not set in cement so we must call and send letters all this week in support of HB 2020! Call Senator Harrington's office and tell them you are calling in support of HB 2020. Let her know that you are looking forward to the hearing on the 20th and please notify you if there is any change on the hearing date. You do not have to sign up to testify in person, just merely that you support the hearing on HB 2020 and it becoming law. Basic access to all new homes built with our state dollars just makes $ense!

You can send letters in support of HB 2002 by faxing to the Committee Secretary at (785) 296-6718 

Please call and send letters all this week on this great legislation!!

Thanks!

SRS Budget Update 2/12/02 

The subcommittee heard testimony yesterday on issues including children, working families and people with disabilities.

Today they will begin deliberations and probably tomorrow. We assume they will report to the full Senate Ways and Means Committee early next week. We are also guessing that they will stick pretty close to the Governor's budget recommendations. As you recall, that means services such as DME will remain, but there is a cut in funding for waiver slots (New). We hope they will list some of the concerns that were in testimony yesterday and any issues that do not require new funding.

KACIL continues to support the Governor's package which would also include new funding for waivers (PD and DD). His package would require new resources in the form of tax increases. So don't forget to keep those DEW Bucks coming! 

Also, please help on HB2020 (see alert) which could be heard next Wednesday, 20th.

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Legislative Update 2/5/02

Thanks to all who made calls and met with Senators. The recision bill was pulled from the calendar. We hear that there were less than 15 Republicans willing to vote for that bill. See! It does work! Our voices can be heard, but we must stay vigilant, because this is just the beginning. 

We looked at two budgets for SRS last night. One contained all the cuts we discussed (DME, Protected Income, etc.) but enough money to keep the PD Waiver waiting list at about the same level it is this year. The other put back in all those cuts, but would almost double the Waiting list for next year. No good alternatives!

But these are just the first two. We are working on a list and will get it out soon so you can understand a little better what is where. (As soon as we figure it out) 

Today, on adjournment (after 2:30) SRS will present their budget. 

Tomorrow sub committee for Aging will give their report. At issue there is funding for meals on wheels and other in home services. Also, we need clarification on starting the regulations allowing people on the PD Waiver who turn 65 to stay on it, of they choose. THIS IS A HILL TO DIE ON! 

Thanks again for all your good work. At this point we are still in support of the Governor's enhanced budget package.

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Legislative Update 1/25/02

Senate Bill 385 passed out of the Senate Ways and Means committee as expected today. But not expected was the close vote. According to the Hawver report the vote was 6-4. Senators Adkins and Shodorf joined Democrats in voting no on the bill. Please be sure to give a big thank you to them, especially if you're from their area. 

Next week the bill will go to the Senate Floor, we think sometime between Tuesday and Thursday.  

ACTION: WE NEED CALLS TO YOUR SENATORS ON MONDAY ASKING THEM TO VOTE NO ON 385.

Also don't forget to keep the pressure up on getting HB 2020 heard in Rep. Harringtons committee. (See DRACH alert)

Governor Graves introduced his tax bill Thursday afternoon to the Senate Tax committee. We are supporting the Governor's efforts and by far his package appears to be the best bill so far concerning social issues and education.

But to be clear, the Governor's package will not eliminate waiting lists and it will not reinstate the lost wages to attendants. In other words, during this very tight time we appreciate what the Governor has done, but we have yet to accomplish all we need to make independent living a reality for all. 

I will be in Topeka on Monday and Tuesday and possibly Wednesday of next week. 

Thanks for all your work so far. We ARE making a difference!

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

Budget update 1/23/02 

Hearings were held in the Senate Ways and Means committee yesterday and today on the recision bill (SB 385) proposed by Senators Kerr and Morris. Both Secretaries Schalansky and Hubbel gave compelling testimony concerning the idea of a 2% cut in their budgets this late in the fiscal year. And the resulting cuts that will occur next year.

Education, both K-12 and Universities will also weigh in their concerns.
SB 385 will also impact foster care, general assistance and other "poor" groups.

In fairness, the bill will add a combined total of about 22 million for caseloads for next year, but then imposes that 2% cut. Senator Morris believes this is better than the Governors Budget. (Understand he is referring to the Budget the Governor had to submit, not his recommended proposal.) If this bill does not pass, Sen. Morris proposes to start from that "deep Cuts" budget the Governor submitted according to law. 

In the mean time, in an effort to get support for SB 385, the Assessment and Taxation committee is recommending a tax on cigarettes and alcohol that would raise about 86.7 million and would give the money to K-12 education. In combination with the Kerr Morris proposal, SB 385, It would then in effect not require the 2% cut from education, but would continue the cut in Aging and SRS. 

We believe the intent is to gain votes from Senators who are pro education so that they can pass SB 385. We are not against education, but believe if taxes are to be raised, they should benefit everyone. That is what the Governor's plan does.

ACTION:

- PLEASE CALL ALL SENATORS THIS WEEKEND AND ASK THEM NOT TO SUPPORT SB 385. IN SPITE OF WHAT THEY ARE BEING TOLD, IT WILL HAVE DEVASTATING IMPACTS ON PEOPLE WITH DISABILITIES AND SENIOR SERVICES. WAITING LISTS WILL FREEZE, SENIOR STATE FUNDED SERVICES WILL BE CUT IN HALF. PLEASE DO NOT SUPPORT 385! WE ESPECIALLY NEED TO TALK WITH REPUBLICAN SENATORS ON THIS.

AS FOR SENATORS WHO SIGNED THE "NO NEW TAXES" PLEDGE, WE WANT TO KNOW IF THEY ARE HOLDING TRUE TO THEIR PLEDGE OR NOT. IF THEY ARE, THEY CANNOT VOTE FOR THIS BILL. IF THEY ARE NOT, THEN ASK THEM TO SUPPORT THE GOVERNORS PROPOSAL FOR MODEST TAX INCREASES.

THOSE SENATORS ARE:
STAN CLARK, OAKLEY, NANCEY HARRINGTON, GODDARD, TIM HUELSKAMP, FOWLER, NICK JORDON, SHAWNEE, BOB LYON, WINCHESTER, KAY O'CONNER, OLATHE, ED PUGH, WAMEGO AND ROBERT TYSON PARKER.

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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State Legislative Update 1/17/01

This is the KERR/ MORRIS Proposal

Thanks to Jane Rhys for the following information. We are deeply concerned with this effort. It will require that the 2% cut happen fore the rest of this fiscal year which began last July and ends this June 30th. We are not exempt from these cuts! Please let legislators know how you feel about SB 385.

You also might want to download a copy of Senate Bill 385 at http://www.kslegislature.org/cgi-bin/fulltext/bills.cgi

Of particular interest is the following

Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) For the fiscal year ending June 30, 2002, appropriations
 are hereby made, restrictions and limitations are hereby imposed,
 and transfers, capital improvements projects, fees, receipts, disbursements
 and acts incidental to the foregoing are hereby directed or authorized
 as provided in this act.

Sec. 5. (a) Except as otherwise provided under subsection (b), on the effective date of this act, of the amount of each appropriation and reappropriation from the state general fund for the fiscal year ending June 30, 2002, made by any appropriation act of the 2001 regular session of the legislature, the sum equal to 2% of the total of each such appropriation and reappropriation is hereby lapsed.

This is the Kerr/Morris proposal and, in plain English, it puts in effect an immediate across the board cut of 2% for all state agencies for the entire year's budget. This means that the SRS Division of Health Care Policy will be cut by approximately $8.5 million. SRS has not yet determined where the cuts will be made but the programs most likely targeted would be state DD and Mental Health grants that go to CDDOs and CMHCs. Of the state DD grant funds, approximately $13 Million are used for direct services. There will be people with disabilities who lose some or possibly all of their services under this proposal.

The Senate will hold hearings in Senate Ways and Means, Room 123 S next Tuesday, Wednesday and Thursday at 10:30 AM - 12. If you are interested in the bill and cannot appear in person, you can write letters to members of Senate Ways and means. They should be addressed to Stephen Morris, Chairperson, Senate Ways and Means Committee at Room 120 S, Capitol Building 66612-1590 

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

In a message dated 1/17/02 10:35:50 AM Central Standard Time, Gina McDonald writes:

It's been a very busy week already with at least two, no, three budget proposals out there.
The one we favor overwhelmingly is the Governors Budget.
We ask that you call legislators and let them know that we want them to support the Governor's budget. It contains money so that Protected Income levels don't have to change. There is money for DME. The good news:

It restores funding for:

- Elderly In Home Services - 4.4 million. That's the meals program.

 - Mental Health Grants

- DD Grants

- Funeral Assistance

- It ADDS an additional 10 Million for SRS. 5 Million would go to waiting lists and 5 Million to rate increases.

- people with terminal illness can access waiver services. ( If they live long enough waiting for services)

To fund it, it would require:

- 1/4 cent sales tax increase. (that's one penny for every $4.00 you spend on anything taxable) So a Big Mac, fries and coke extra value meal will cost. $3.31 instead of $3.30. We checked with Salina McDonald's...no relation)

- $. 65 cent increase on cigarettes. (whoa, now that's an incentive to quit...no, wait, maybe we should all just buy them and throw 'em away!)

-$. 01 cent per gallon Motor fuel tax (the way prices vary on gas, will you even know the difference?)

 - 3% Registration fees on all vehicles (this is a restoration of taxes we previously paid, then didn't, now will again.)

Now, in all seriousness, if you are buying a big ticket item, say a house, the 1/4 cent sales tax will increase the cost. But are we in this for the long haul or not?

The bad news on the Governors Budget is:

- Still includes requirement that parents co pay on kids services on HCBS Waiver.

- Still requires co pay on Pharmaceuticals for medical card.

- Does not allow people with terminal illness to use Medicaid funds for hospice.

- Does not restore the rate cuts for the PD Waiver. (the 5 million increase for rates appears to be for Doc's who accept medical cards. We don't want to compete with them, but we need to get the story out that the cut WILL affect attendant's salaries)

All in all, it is a good budget.

ACTIONS:

1. PLEASE TAKE A MINUTE TO THANK THE GOVERNOR FOR HIS SUPPORT. IF YOU DIDN'T HEAR HIS SPEECH, YOU SHOULD. HE TALKED ABOUT PEOPLE WITH DISABILITIES AT LEAST FIVE TIMES. TALKED ABOUT INDEPENDENCE.

2. LET LEGISLATORS KNOW YOU WANT THEM TO SUPPORT THE GOV. PROPOSED BUDGET. NO LESS WILL DO!

3. GET MORE AWARENESS TO COMMUNITIES ABOUT WHAT CUTS WILL MEAN.

"In the End, we will remember not the words of our enemies, but the silence of our friends." - Martin Luther King Jr.

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