Legislative Wrap-Up
by: Stephanie Wilson
The legislative session ended this year with a few positive results for developmental disability services. The Governor recommended in her budget, and the legislature approved $7.5 million in new funding for the Medicaid HCBS/MRDD waiver, to serve persons from the waiting list. The waiting list for developmental disability services had increased to approximately 1200 persons prior to this funding being made available. The new funding should serve approximately one fourth of the persons waiting.
In addition, the Governor’s budget recommendation for Kansas Fiscal Year 2005 (FY05) contained a 10% reduction to Intermediate Care Facilities for the Mentally Retarded. Many organizations, including CLO, that serve persons in ICFs/MR were projecting annualized losses in excess of half a million dollars. CLO worked together with other organizations that provide ICF/MR services to advocate with the Governor, and with legislators, for this funding to be restored in the budget. In addition CLO board members, and family of persons served wrote letters to the Governor and key legislators. SRS was able to reduce the budgeted loss by one half, and the Senate Ways & Means Committee restored the remaining 5%, thus fully restoring ICF/MR funding at its current level. This saved CLO from incurring a $600,000 loss during the upcoming fiscal year.
Many persons with developmental disabilities, their family members, and organizations from which they receive services, advocated this year for an increase to HCBS/MRDD waiver rates. The last increase to HCBS/MRDD rates was in 1998, and the current rates reimburse providers only $7.68 per hour for direct care staff wages. Several Alliance organizations, including CLO, visited with legislators about this issue. Although a strong plea was made to increase rates, the legislature did not take action on the request.
During the 2003 legislative session, the legislature approved a proviso to the budget bill that required SRS to protect special tier rates to the consumers who were receiving them. A proviso is, in effect, law for one year. SRS was also directed, at that time, to find a consistent, statewide method for determining which consumers are eligible to receive special rates. Because SRS had not completed this task, CLO and The Alliance advocated during the 2004 session for the proviso to continue during the upcoming fiscal year. The legislature approved this. CLO has approximately $600,000 in special tier rates that are affected by the proviso.
CLO, The Alliance, SRS and other advocacy organizations supported legislation this session, House Bill 2488, which would have amended the Developmental Disability Reform Act to require Community Developmental Disability Organizations ( CDDOs) to be separate from service provision. One audit conducted by the federal Centers for Medicare and Medicaid Services, and two audits conducted by the Kansas Division of Legislative Post Audit showed that when a CDDO is also a service provider, conflict of interest exists. CLO hosted a “push day” at the Capitol during which many CLO staff, family members and board members attended to educate legislators on this issue. In addition, many CLO board members and staff wrote letters to the Governor and legislators advocating for the passage of this bill. Although many legislators supported the bill, no action was taken on it this session. CLO continues to work with The Alliance on refining the language of this bill, and to educate legislators (and potential legislators) on this issue.
