Tuesday, March 31, 2015

Supreme Court rules against disability providers

The justices of the U.S. Supreme Court, Courtesy of Disablity Scoop
(The Collection of the Supreme Court of the United States/TNS)

DISABILITY SCOOP - Developmental disability service providers cannot sue to force state Medicaid programs to raise their reimbursement rates, the U.S. Supreme Court has ruled.

In a 5-4 decision Tuesday, the high court ruled against a group of Idaho agencies serving people with developmental disabilities.

The service providers had argued that the state failed to raise Medicaid payments as outlined in a federally-approved formula for years even as such agencies faced rising costs.

But, in a blow to the providers, the Supreme Court ruled that private companies currently lack any right to enforce Medicaid requirements. Rather, it is up to the U.S. Secretary of Health and Human Services to ensure that states comply with the program’s rules, the court said.

“Our precedents establish that a private right of action under federal law is not created by mere implication, but must be ‘unambiguously conferred,'” wrote Justice Antonin Scalia for the majority. “Nothing in the Medicaid Act suggests that Congress meant to change that.”

Joining Scalia in the majority were Chief Justice John Roberts and Justices Clarence Thomas, Stephen Breyer and Samuel Alito.

Justice Sonia Sotomayor said in her dissent that the decision will have significant consequences.

“Previously, a state that set reimbursement rates so low that providers were unwilling to furnish a covered service for those who need it could be compelled by those affected to respect the obligation imposed by (the Medicaid Act),” Sotomayor wrote. “Now, it must suffice that a federal agency, with many programs to oversee, has authority to address such violations through the drastic and often counterproductive measure of withholding the funds that pay for such services.”

Sotomayor was joined in dissent by Justices Anthony Kennedy, Ruth Bader Ginsburg and Elena Kagan.

Disabilityscoop.com

Friday, March 27, 2015

InterHab quoted in KC Star editorial on Medicaid expansion

Legislative hearing on Medicaid expansion.
Photo courtesy of Kansas City Star/Associated Press
The Kansas City Star posted an article this week reacting to the testimony the Gov. Brownback administration gave at a legislative hearing on Medicaid expansion.

The editorial is an opinion piece and features comments from Tom Laing, InterHab's executive director.

Read what Tom Laing and the KC Star have to say about the recent developments on the Medicaid expansion debate in the opinion section of the Kansas City Star.

Costs of Kansas tax cuts

According to the Kansas Center for Economic Growth, as states in our region use higher revenues to invest in education, Kansas' deep tax cuts are causing our schools to fall behind. Facing a $344 million budget shortfall, Gov. Brownback announced $28 million in cuts to k-12 education.




The other states in our region did not drastically cut income taxes like Kansas. On average, they saw tax revenues increase by almost 3 percent and were able to increase general per-pupil education spending by about 1 percent. Kansas, on the other hand, saw a 2.6 percent drop in revenues and cut general per-pupil spending by 2.6 percent, or $129 per student.

In Kansas, large budget shortfalls caused by tax cuts are driving cuts to the entire state budget, including in schools. Meanwhile, states in our region and across the country that didn't cut taxes are re-investing those extra dollars in educating kids.

Read entire Kansas Center for Economic Growth article. 


Tuesday, March 24, 2015

Contact your Senators today!

Voice your support to the Senate for HB2170
We are close to a legislative accomplishment in the Senate that has been sought for about a decade, the adoption of a law prohibiting the inappropriate uses of seclusion and restraints in school settings.

Please let your Senators know your views on this issue! the bill, as it has been amended in the Senate, is definitely worthy of our support.

Improvements may still be made if it reaches conference committee, but for the moment, a vote in support of Senate Substitute for Sustitute  HB 2170 is a good vote for Kansas children.

Families form advocacy group for Kansans with developmental disabilities

InterHab, together with families of Kansans with developmental disabilities, recently formed a new advocacy group.

The new lobbying group, Advocates for Invisible Kansans, intends to expose lawmakers to a slice of the lives of Kansans with developmental disabilities and their families.

Matt Fletcher, associate director of InterHab, shows the
poster for the new Advocates for Invisible Kansans campaign.
Advocates for Kansans with Developmental Disabilities & InterHab were at the Statehouse last week talking to legislators about their top three priorities.

The advocacy group wants to ward off budget cuts to the state's I/DD system, raise the reimbursement rates for service providers and reaffirm 1995 state legislation that gave local service providers oversight over the system.

"I think a lot of the people in government are kind of insulation," said Connie Warkins with Advocates for Invisible Kansans. "If they could actually see of live with someone it might make a difference."

Read the entire KHI News article here.

Friday, March 20, 2015

Day at the Capitol a huge success

Thursday, March 18, more than 400 people gathered for InterHab's Day at the Capitol. The advocacy event took place on the second floor rotunda of the State Capitol Building in Topeka.  

InterHab members from across the state met with legislators and gave them posters depicting a Kansas family including a member with a developmental disability. The poster draws attention to the fact that by enacting legislation that supports the I/DD service system, legislators are helping Kansas families and driving economic growth. 

This 12 x 18" poster was given was the legislative gift
at the 2015 InterHab Day at the Capitol. 
In addition, InterHab also had rack cards available as handouts for members and talking points to hit home the 3 Key Issues facing Kansans with I/DD.

This year showed the most legislator participation yet, with a large percentage of them coming down to eat lunch with InterHab members and families of Kansans with disabilities. The Kansas families theme was reinforced with speeches by members of the Advocates for Invisible Kansans, a newly formed family advocacy group. 

If you participated in InterHab's Day at the Capitol, we recommend sending your legislator a thank you card, thanking them for coming and meeting with you while also mentioning the key issues you discussed with them. Contact InterHab at interhab@interhab.org for more information and suggestions. 

Thursday, March 5, 2015

Simple steps to spread awareness this month

March is National Developmental Disabilities Awareness Month.

Now is the time to celebrate the lives of people with intellectual and developmental disabilities and advocate for their inclusion and independence.

Here are some helpful tips on how to help spread the word and raise awareness.


  1. Update your profile pictures and cover photos. We are becoming a more online-focused society every day. What simpler way to reach a large audience exists than social media? Visit our facebook page to download our D/D Awareness Month cover photo or the InterHab profile picture and update your profile today!
  2. Post, Tweet, Instagram, and Pin like crazy! Post articles, statuses, and photos on facebook, instagram, twitter and pinterest using the hashtags #ddawarenessmonth #ddawareness #spreadthewordtoendtheword & #ddaware
  3. Follow InterHab and other I/DD focused organizations on social media and re-tweet, share, and like posts & updates about awareness. 
  4. Come to Day at the Capitol. March 19th InterHab will be hosting a Day at the Capitol, giving you the chance to talk to legislators about making changes to support Kansans with intellectual and developmental disabilities. Learn more here. 
  5. Get to know someone with a disability. If you don't know someone with an intellectual or developmental disability you should. Make friends and share their inspiring stories with people you know or blog about it online!
  6. Talk to your children. Encourage your children to understand, respect, and include kids with disabilities. 
  7. Contact your legislators and local policymakers. Email, write, or call your local officials and let them know you expect them to promote bills and policies that benefit people with I/DD. 
 Together we can make a better, diverse, and inclusive community. Contact InterHab to learn more.

Wednesday, March 4, 2015

KDADS vows to improve conditions at Osawatomie State Hospital

Nearly 100 people attended a Town Hall meeting on Monday in Osawatomie to discuss the conditions at the state mental hospital.
Sen. Molly Baumgardner organized Osawatomie town hall

The town hall came as a result of state and federal surveyors citing the hospital twice in four and a half months for being overcrowded, providing poor care, and not doing enough to prevent suicidal patients from harming themselves. 

Senator Molly Baumgardner organized the town hall and asked Kansas Department for Aging and Disability Services Secretary Kari Bruffett to respond to rumors of closure. 

"There are no plans to close Osawatomie State Hospital," Bruffett said.

Bruffett, KDADS Superintendent Jerry Rea asked the audience for their help in the agency's effort to recruit, hire, and retain additional staff. 

Their request prompted many in the audience to remind KDADS officials that working conditions at the hospital have been in decline for several years. 

The meeting ended with Bruffett agreeing to keep the Baumgardner-led group abreast of KDADS efforts to reduce overtime, enhance training. improve communication, and measure the effectiveness of the hospital's programs. 

Monday, March 2, 2015

Proposal would delay KanCare health home expansion

Sen. Jim Denning, Republican from Overland Park,
drafted a budget proviso to delay health home implementation.  
The Senate Ways and Means Committee has adopted a budget proviso that's expected to delay the implementation of "health homes" for certain KanCare patients.

The proviso, drafted by Sen. Jim Denning, stipulates that no state money shall be spent on KanCare health homes for chronic conditions without the Legislature's explicit consent through June 30, 2017.

"I don't think we should be pushing another (health home) program until we see how the first one works," Denning said according to KHI News.

"We have anecdotal information from the mental health centers that it (health home model) is working and the advocates say they like it," he said. "But I think we need to wait until we have some hard outcome measures to see if A) it's actually improving patient care and B) it's bending the cost curve.

Denning's proviso is expected to pass the Senate and likely meet little resistance from the House.

Read more...