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AHEAD OF THE TIMES
Volume 25, Number 4
June - July, 2005
2005 LEGISLATIVE SESSION REVIEW
by Tanya Dorf, Executive Director
The 2005 Kansas Legislative Session was one of the shortest in recent memory. The Session was dominated by the Legislature seeking a way to provide additional school finance revenue in response to the Kansas Supreme Court's ruling. The Legislature did provide an additional $140.2 million, but the Supreme Court has yet to rule on whether the level of funding and the funding mechanisms meet the provisions they laid out in their January 2005 ruling. It is doubtful that the Supreme Court's decision will result in a Special Session requiring the Legislature to come back and revisit the school finance formula this summer or fall. Rather, if the Court finds the Legislature's action to be insufficient, it is likely they will require the Legislature to fix the problems in the 2006 Session.
Kansas Health Policy Authority
One of the other big issues of the Session was creating a new Health Policy Authority, which would leverage the state's health care purchasing power. On July 1, 2005, the Kansas Medicaid program, the State Children's Health Insurance Program, the MediKan program, and the Working Healthy portion of the Ticket to Work program will be combined within the Kansas Department of Administration. On July 1, 2006, these programs, along with the state employee's health insurance and workers compensation programs will move to a newly created state agency called the Kansas Health Policy Authority.
The legislation creating the Authority sets the purpose of the Authority: "The Kansas Health Policy Authority shall develop and maintain a coordinated health policy agenda that combines effective purchasing and administration of health care with health promotion-oriented public health strategies. The powers, duties and functions of the Kansas Health Policy Authority are intended to be exercised to improve the health of the people of Kansas by increasing the quality, efficiency and effectiveness of health services and public health programs."
The Governor proposed creating this new structure, but the Legislature turned down her proposal and developed one of its own. There are few differences between the Governor's plan and the Legislature's, but one of the key differences is that a Legislative Oversight Committee was created to oversee the work of the Authority. The Legislature's plan also requires the Authority to submit to the 2007 Legislature a recommendation about whether to transfer responsibility for mental health services, Home and Community-Based Services (HCBS) waivers, nursing facilities, substance abuse prevention and treatment and the state hospitals to the Authority.
For the time being the only change Independence, Inc. will see as a result of this government reorganization is that we will work with the Department of Administration on Medicaid issues and with the Department of Social and Rehabilitation Services on HCBS waiver, mental health, adult protective services, and child welfare issues. People who receive services through Medicaid should not see any difference in how they interact with local state officials.
Waiting Lists and Money Following the Person
One of the most important issues of each Legislative Session to Independence, Inc. is ensuring additional funding is provided to serve people on the HCBS waiver waiting lists. People who seek HCBS physical disabilities and HCBS developmental disabilities services continue to wait for those services. Given the staggering amount of money the Legislature had to appropriate for the school finance formula, it was critical that funding not be taken from waiver services to finance the school plan. The Governor and the Legislature appropriated an additional $6.2 million for the developmental disabilities waiver waiting list and $2.5 million for the physical disabilities waiver waiting list.
The Kansas Association of Centers for Independent Living (KACIL) introduced legislation this year to ensure that people who live in nursing homes and wish to receive Medicaid-funding HCBS waiver services can make that choice without having to be placed on the waiting list. The Money Following the Person legislation stalled in committee, but the Legislature did extend a temporary provision allowing people to make this choice. KACIL has confidence that this legislation will be revisited and passed in 2006.
Special Education
A hard battle was fought this year to ensure students with disabilities can begin planning their transition to adulthood at age 14. This has been the state law for many years, but a proposal surfaced this year to raise the age to 16. This would not give students and their families adequate time to put solid transition plans in place. Due to some very good advocacy efforts by many people, no change was made, and the transition planning age remains 14.
Discrimination in CINC Cases
Just as the Money Following the Person issue was not fully resolved this year, an issue related to discrimination of people with disabilities in children in need of care (CINC) cases was not fully resolved. The Statewide Independent Living Council of Kansas (SILCK) worked hard to add language to the CINC code which prohibits discrimination on the basis of disability. There are cases in which children are taken away from their parents because their parent(s) has a disability. The legislation SILCK worked on would prohibit such discrimination. Much progress was made, but this will be another issue resolved in 2006.
2006 Session
The 2006 Kansas Legislative Session looks to be even more interesting than the 2005 Session. Many issues were left unresolved, and state revenue forecasts for 2007 and beyond are looking grim. The Legislature will need to resolve these issues, deal with stagnating growth in revenue, and possibly respond to the Supreme Court regarding school finance again. The entire Kansas House of Representatives and all the statewide elected officials, including the Governor, are also up for re-election. This will ensure the Session is peppered with many political battles.
The Center will be Closed Monday, July 4 for Independence Day
No Transportation Available
CONSUMER SUPPORT GROUP SUMMER EVENTS
JUNE
- Quilting/Arts & Crafts Group Makes Father's Day Cards
The Quilting/Arts & Crafts Group will make personalized Father's Day cards on Monday, June 6, 1 - 2:30 p.m. in the large conference room at Independence, Inc. RSVP with Ranita at 841-0333 by Friday, June 3.
- Accessible Self Defense Group
The Accessible Self Defense Group will meet Tuesday, June 14, 21, and 28 4:30 - 5:30 p.m. in the large conference room at Independence, Inc. The Accessible Self Defense Group is a training program that teaches people with all disabilities defense techniques associated with Martial Arts. Contact Ranita at 841-0333 if you have questions about enrolling in the group.
- Cooking Club Celebrates A Taste of New Orleans
Please join the Cooking Club on Monday, June 13, 4:30 - 6:30 p.m., as we celebrate the spicy flavors of New Orleans. On the menu: Traditional red beans & rice, and lemonade spritzers. RSVP with Ranita at 841-0333 by 5 p.m., Friday, June 10.
- Accessible Gardening Group
Get out your garden hats and sunscreen it's time for another Accessible Gardening Group. On Monday, June 13, 1 - 2:30 p.m., we will meet on the Independence, Inc. patio to tend to our little garden. So, what is in the garden this year? We have strawberries, green beans, tomatoes, dill weed, peppers, carrots, carnations, and, of course, our "baby" cantaloupes. In addition, we are going to try our luck with growing PUMPKINS! Oh, my! To join the fun, contact Ranita at 841-0333.
- Peer Support Group Attends Mexican Fiesta Event
The Peer Support Group will attend the annual St. John's Mexican Fiesta on Friday, June 24, 6 - 8 p.m., at St. John's Catholic Church, 1204 Kentucky. The event includes authentic Mexican food, live entertainment, and games. Although the event is free, there is a charge for food purchases. If you plan to purchase food, please bring at least $6. For questions, please contact Ranita at 841-0333.
JULY
- Quilting/Arts & Crafts Group
There will be no Quilting/Arts & Crafts Group meeting on Monday, July 4. The agency will be closed in observance of Independence Day. The group will return to its regular meeting schedule in August.
- Annual "Hawaiian Luau In July" Cookout Event
Join us for Cooking Club and Peer Support Group's Annual "Hawaiian Luau in July "event on Monday, July 18, 4:30 - 6:30 p.m., on the back patio at Independence, Inc. We will have music and dancing, fun water games, and food. Come dressed in your best Island wear. On the menu: Grilled chicken with pineapple, and salad with fresh vegetables from our garden. Please feel free to bring ice cream, beverages (non-alcoholic, please!), or chips to share. RSVP with Ranita at 841-0333 before 5 p.m., Friday, July 15.
- Accessible Gardening Group
The Accessible Gardening Group will meet Monday, July 25, 1 - 2:30 p.m., on the back patio at Independence, Inc. We will check on the progress of our fruits, vegetables, flowers, and especially, the little pumpkin plants. To join the fun, contact Ranita at 841-0333.
- Accessible Self Defense Group
July Meeting Dates
The Accessible Self Defense Group will meet on Tuesday, July 5, 19, and 26, 4:30 - 5:30 p.m. in the large conference room at Independence, Inc. The Accessible Self Defense Group is a training program that teaches people of all disabilities defense techniques associated with Martial Arts. Contact Ranita at 841-0333 if you have questions about enrolling in the group.
CALL FOR PRESENTERS
The 2005 Kansas Disability Caucus, August 10-12 is calling for presenters to serve on two panels:
- Self Advocate Panel: Consumers who have advocated for themselves on any of the following: Employment, Technology Access, Education, or Other Issues
- Nursing Home Transition Panel: Consumers who have lived in a nursing facility and has transitioned into the community.
Please share your ideas and experiences with others in the independent living movement at the 2005 Kansas Disability Caucus. Deadline for submission is June 15.
The Caucus committee will review all proposals received by the deadline. Proposal presenters will be notified by July 1, about whether or not they have been selected to make a presentation at the Caucus on August 11.
To request an application form, please call the SILCK office at 1-800-217-4525 or 785/234-6990 (V &
TTD).
LOOKING FOR CONTRACTORS
The Kansas Accessible Modifications Program (KAMP) helps people in our community to continue living in there home by providing modifications such as ramps, door widening and bathroom accessibility. We are looking for contractors to place bids on work for this program. Must be able to travel outside of Lawrence and provide top notch work in a timely manner. For more information contact Bob Mikesic or Jim McCrary at Independence, Inc, 785/841-0333.
COPING WITH STRESS MANAGEMENT
The Coping with Stress Management classes are held every Friday, at 12:30 p.m. at Independence, Inc.. For more information call 841-7108, 2 - 6 p.m. and leave a message.
PAS RESEARCH PROJECT
The International Center for Disability Information and the Job Accommodation Network at West Virginia University are conducting research on individuals who have used personal assistance services (PAS) in the workplace. If you would be willing to talk about your experience in obtaining, using and maintaining PAS, call 1-800-232-9675, Monday-Friday, 9 a.m. - 4 p.m. ET to schedule an interview.
VOLUNTEER PROFILE - Steve Braswell
If you've noticed the well-lit stairwell and parking lot at Independence, Inc., you can thank Steve Braswell.
Steve has been volunteering at Independence, Inc. since 2001. A jack-of-all-trades (he has a home handyman business), he works on a variety of things here at the Center, including building maintenance, repairing power chairs and wheel chairs for the Equipment Loan Bank, and fixing computers for the Computer Giveaway program. He's also been a big help at the Independence, Inc. Mardi Gras and Flea Market Fundraisers.
Thanks, Steve, for all your help! (Steve is married to the CLC Coordinator, Kendall Simmons.)
SOCIAL SECURITY ALERT!
Submitted by Dot Nary, KU Research and Training Center on Independent Living
Many people with disabilities rely on the Social Security system to provide a basic income that facilitates community living. This situation is likely to continue into the near future as so many adults with disabilities remain unemployed. Reliance on the Social Security system for basic living expenses makes this system operate more like a social safety net rather than a retirement program. However, it would be difficult to learn this from the current debate as many portray Social Security checks as "investment income" rather than as a small but important monthly stipend typically used to pay for essential items like rent and food.
A number of national disability organizations feel that proposed changes in the system, such as options to invest money privately, could create severe problems for the people with disabilities who rely on the system for basic living expenses. Read more about the proposed changes to the Social Security system and contact members of the Kansas congressional delegation to be heard on this vital issue.
Consortium for Citizens with Disabilities Social Security Facts
Social Security provides benefits to 47 million people. They include more than 7 million people with disabilities, their spouses and children. When most people talk about Social Security changes, they only discuss retirement benefits. This is a very serious concern for people with disabilities and their families because changes in the program will have a huge impact on everyone who gets benefits - not just people who retire.
The Consortium for Citizens with Disabilities [CCD] believes that any changes in the Social Security program must follow these principles:
- Keep Social Security's current structure based on payroll taxes.
- Preserve Social Security as a social insurance program for everyone who is eligible.
- Guarantee monthly benefits adjusted for inflation.
- Preserve Social Security to meet the needs of people who are eligible now and in the future.
- Restore Social Security's long-term financial stability.
The disability community urges Congress to request a beneficiary impact statement on every major component of any serious proposal. In a program that affects millions of individuals of all ages, it is essential for policymakers to look beyond the budgetary changes to understand the actual impact on people's daily lives.
The CCD Social Security Task Force created a set of seven Fact Sheets in March 2005 to educate people about the potential devastating effect of major program changes. The Fact Sheets discuss the following topics:
- What Benefits Do People with Disabilities and Their Families Get from Social Security?
- How Does Social Security Help People with Disabilities & Their Families?
- How Does Social Security Protect Young Workers and Their Families?
- How is Social Security Funded?
- How Will Individual Private Accounts Affect Social Security?
- How Are the Social Security & SSI Disability Programs Different?
- Checklist: Effect of Proposed Changes on People with Disabilities & Their Families
CCD encourages its member organizations and others to share the Fact Sheets with their own members, elected officials and the press. Although the Fact Sheets were created as a set, people may use them separately to discuss an area of special concern. Electronic copies of the Fact Sheets are available to download from the CCD web site,
www.c-c-d.org .
WANTED: Electric box or oscillating fans that are broken or that you no longer want. Any brand and size accepted. If necessary, unwanted fans can be picked up. Contact Michael at 785/840-9861 or 841-5046 9 a.m. - 5 p.m., Mon. - Fri.
KANSAS EQUIPMENT EXCHANGE
The Kansas Equipment Exchange (KEE) Program is designed to help more Kansans obtain affordable medical equipment. In cooperation with Medicaid and other agencies, wheelchairs, hospital beds, and other durable medical equipment that is no longer being used is returned to the program, refurbished, and made available for other Kansans to use. KEE also accepts donated equipment from individuals.
Items are offered to Kansans with disabilities who are on Medicaid and those eligible for Medicaid. Other Kansans may be eligible for equipment depending on availability. To apply for equipment, call your state Assistive Technology Program at 800-KAN DO IT (800-526-3648).
KEE's success is based on the donation of equipment and help from volunteers. If you or a group you belong to would like to donate equipment or help clean and deliver equipment, please call our toll free number at 866-666-1470
Northeast Assistive Technology Access Site
Independence, Inc.
2001 Haskell Avenue
Lawrence, KS 66046
785/841-1067
INDEPENDENCE, INC. STAFF CHANGES
At the beginning of May, Reader/Driver Kathy Alcorn left Independence, Inc. when she and her family moved to Missouri. She has worked with Independence, Inc. by providing assistance in the Benefits Advocacy department for two years. In that time she expanded the role of the Reader/Driver and developed new methods of ensuring the status of Benefits Advocacy cases are tracked thoroughly. Independence, Inc. is in the process of hiring someone to fill Kathy's role.
At the beginning of June Independence, Inc. will bid farewell to Paula McMahon, who has served as an Independent Living Counselor for five years. She and her family are moving to Virginia. Paula has been a tremendous asset to the staff and consumers of Independence, Inc. We will miss the great work she does, the contributions she makes to the Center above and beyond the call of duty, and the fun-loving spirit she shares with us every day.
Stepping in to Paula's role is Connie Holland. Connie is a former case manager for the Frail Elderly waiver. She also brings a great deal of experience in a variety of other social services settings. Connie has good insight about independent living and working with people with disabilities. We look forward to working with Connie.
KANSAS WORKFORCE DEVELOPMENT LOAN PROGRAM
The purpose of this program is to encourage individuals to further their education and help create a strong state workforce. The loans can help current Workforce Investment Act (WIA) participants and/or former Temporary Assistance for Needy Families (TANF) recipients advance their education and increase earnings
Loans are awarded to students who are residents of Kansas. Students may attend an area vocational technical school, technical college, community college, vocational school coordinated under the Kansas Board of Regents, or associate degree programs at post-secondary educational institutions.
Students must agree to live and work in Kansas after the recipient's course of instruction is completed, in a field of work for which they were trained using the skills attained under the course of instruction for which the loan was received until the loan is totally forgiven. For each year of working and living in Kansas, one quarter of the total loan principal and interest that accrued during the prior year shall be forgiven for the first three years and upon completion of the fourth year, the remaining balance of principal and interest of the loan shall be forgiven.
Loans shall be awarded for the payment of tuition, fees, books, room and board and any other necessary school related expenses. Funding for the program is subject to the availability of resources. Maximum loan amount is $2,000 per year. Deadlines in which applications must be submitted to the school financial aid office are April 15th and October 15th. Loans will be payable in a single disbursement. A new application must be completed for each loan granted per 12-month period.
The criteria to be used by the Kansas Board of Regents (KBOR) in selecting recipients includes Kansas resident status and financial need as measured by the Free Application for Federal Student Aid (FAFSA) application. The loans shall be awarded on a priority basis to qualified applicants who have the greatest need with the highest priority given to those applicants with the greatest financial need who were in foster care on their 18th birthday or, prior to their 18th birthday after having graduated from high school or completing the requirements for a general educational development (GED) certificate while in foster care. Special preference shall also be given to residents drawing unemployment compensation or such residents who were laid off from employment within the prior six months.
The program is financed annually from available WIA state set-aside funds and from up to $500,000 in TANF funds. To utilize the WIA contributed funding, students must be verified as currently enrolled in WIA. A special tracking code is being developed and will be provided by Service Link in the near future. For loans financed with TANF funds, applicants must have received TANF cash assistance during the past three years. KBOR will verify this information with SRS Central Office.
The Workforce Development Loan Program is administered by the Kansas Board of Regents. Applications for the Fall 2005 semester were made available at school Financial Aid offices in April, 2005. WIA participants should apply at the Financial Aid offices at the appropriate schools.
A program fact sheet, list of eligible schools, loan flow chart, and the application used by KBOR are available on-line at the Kansas Department of Commerce website at:
http://kdoch.state.ks.us/public/index.jsp
Connect Code: WDLOAN.
If you have any questions, contact George McAtee at gmcatee@kansascommerce.com
or call 785/296-5115 or Linda Weaver at lweaver@kansascommerce.com
or 785/296-2159.
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