Testimony to

House Social Services Budget Committee

February 14, 2005

 

Chairwoman Landwehr and members of the Committee, thank you for the opportunity to provide this testimony to you regarding the budget for the Kansas Department of Social and Rehabilitation Services (SRS). My name is Tanya Dorf, and I serve as the Chair of the Governmental Affairs Committee for the Kansas Association of Centers for Independent Living (KACIL). I am also the Executive Director of Independence, Inc., one of the twelve Centers for Independent Living (CILs) KACIL represents.

 

Centers for Independent Living provide services to people with disabilities of all ages. CILs also provide information and assistance to businesses and other entities in the community to increase opportunities for people with disabilities to live, work and participate in all aspects of community life. We advocate at a state and national level for the rights of all people with disabilities to live in the communities of their choice.

 

Governor’s Budget Recommendation

KACIL supports the Governor’s Budget Recommendation for the FY 2006 SRS budget. The budget provides funds for the waiting lists for the Home and Community-Based Services Developmental Disabilities and Physical Disabilities waivers. Much progress has been made in the past two years to move people off of the waiting lists and into services in their homes and communities. The amount of time people wait for services has also been reduced. But, until all Kansans with disabilities are able to choose between nursing facility or institutional-based services and community-based services and receive those services in a timely manner, our work is not done. This is why we would wholeheartedly support incorporating the waiver services into the consensus caseload estimating process, much like all other Medicaid and nursing home services are today.

 

The Governor recommended using one of the agency’s proposed reductions as a way to actually increase the number of persons served on the Physical Disabilities waiver. The proposal was designed to reevaluate the amount of services some people who self-direct their services receive to ensure they do not receive more services than necessary. The Governor, then, designed her budget to put the funds saved through this process back into the waiver, thereby allowing approximately 170 additional people to begin receiving services in FY 2006. KACIL is supportive of any efforts to provide services to additional people who are waiting

for them. But, we ask the Committee to ensure that if this portion of the budget is adopted, attention is paid to ensuring no one loses services he or she truly needs. Taking services away from one group of people to serve another group carries with it the potential to be unfair to everyone. We believe the agency plans to include CILs in the planning process to implement this portion of the budget. We urge the Committee to ensure CILs are an integral part of this process, as we are the organizations who are in the best position to know if people are receiving the amount of services they need.

 

KACIL also supports the three percent rate increase for services provided under the Developmental Disabilities waiver. KACIL supports increased rates for direct care services, as the people who provide these services are some of the lowest paid in the state’s economy, and the rates paid under the Developmental Disabilities waiver are extremely low. As important as this rate adjustment is though, it is important to remember that reimbursement rates paid for similar services should be equal among all of the HCBS waivers. The rates paid for services such basic services as personal assistance vary in both amount and type of payment, depending upon whether they are provided through the Developmental Disabilities, Physical Disabilities, Frail Elderly or Traumatic Brain Injury waivers. The level of staff providing the service and the type of service itself, however, does not vary greatly depending on which waiver pays for the services.

 

SRS’ Enhancement Requests

One of the SRS enhancements was to replace existing fee funds in the amount of $500,000 in the HCBS Traumatic Brain Injury waiver with SGF. The Governor did not recommend this funding shift. Kansas was the first state to implement a Traumatic Brain Injury waiver, and it is one of the best uses of resources the state makes each year. It provides early intervention for people who sustain traumatic brain injuries. The rehabilitative nature of these services goes far in ensuring many of the people who receive the services are able to recover as much as possible from their injuries and go on to receive either no or minimal services. KACIL urges the Committee to ensure no one loses services as a result of the decision to not shift the fee funds out of the waiver.

 

Two other SRS FY 2006 enhancement requests were to provide dental benefits to persons who receive HCBS waiver services and to all adults who are eligible for Medicaid. Dental services are some of the most important preventive medical services available, but without access to them, elderly people, people with disabilities and people with low-income levels are not able to stave off many preventable medical conditions. This is a service Kansans have not had for many years, and it is time to restore it. It is critical that the Committee and the agency remember how important dental services are and find a place in the budget for the services as soon as possible.

 

Base CIL Funding

Another issue KACIL would like draw the Committee’s attention to is the base level of funding provided to Centers for Independent Living to provide the core independent living services. There are two cornerstones to the business of Centers for Independent Living. First, CILs must have a staff and a board of directors that is made up of 51.0 percent people with disabilities. This provision ensures the mission of the CIL is carried out by and for people with disabilities. The second cornerstone is the set of five core services each CIL must provide. These services are:

§         Information and referral

§         Peer networking

§         Independent living skills training

§         Advocacy

§         Deinstitutionalization

 

CILs provide these services to any person with a disability who requests them. Frequently the core services are only needed by persons with disabilities for short amounts of time, and the core services are often contribute to ensuring that people with disabilities continue to live independently in their communities. 

 

Resources are, of course, required to provide these important core services. But the amount of SGF dollars allocated to CILs in Kansas for the provision of the core services ranges from $20,000 to $119,000. In order to have staff and monetary resources available to provide the services to any Kansan with a disability, a certain level of minimum funding is needed. A 2000 national study by the Independent Living Research Utilization program, which is funded by the federal government to conduct research in the independent living field, found that the average minimum funding for a Center for Independent Living was $250,111. This is a modest figure, and it is without a doubt one of the most cost-effective uses of state resources, as these dollars can provide myriad services for countless Kansans.

 

KACIL proposes a minimum level of $250,000 per CIL be allocated. The base funding for CILs in the state of Missouri is also $250,000, and Missouri has developed a system by which the amount of funding allocated to each CIL is adjusted annually by the Consumer Price Index (CPI). KACIL asks that a proviso be crafted to establish this base level of funding and provide an annual adjustment that is tied to the CPI. The fiscal impact of this GBA for FY 2006 would be $1.2 million.

 

Money Following the Person

In the agency’s budget overview last week, they highlighted the success of the Money Following the Person project that was begun in FY 2004. This is a very simple proviso which was included in the FY 2004 and 2005 Omnibus Budget bills. The proviso ensures money will follow people when they transition from nursing homes to HCBS services. This is truly one small change that has had a significant impact in the lives of the people who have made the transition out of nursing homes. It has not affected the ability of other people to choose nursing home services at all. KACIL is grateful to this Committee for its support over the last two years for this policy.

 

KACIL now is working with members of the Legislature to introduce a bill this Session which will put the Money Following the Person concept into law. Transitioning this concept from proviso to law will affirm that it is the policy of the state to allow people who live in nursing homes to choose community-based services. It is also a key way in which Kansas can demonstrate its commitment to the spirit of the 1999 U.S. Supreme Court’s Olmstead decision.

 

During the Committee’s discussions last week, you talked a lot about Medicaid, its cost-effectiveness and the importance of the services it provides. In a speech on February 1, new U.S. Health and Human Services Secretary Mike Leavitt said,

 

“We can ensure that seniors and people with disabilities get long-term care where they want it. The President's New Freedom Initiative points us in the right direction. Home care and community care can allow many Americans with disabilities to continue to live at home, where they can enjoy family, neighbors, and the comfort of familiar surroundings. Medicaid should not force these people to live in institutions. Just as importantly, we can serve more people.”

 

As we all know, it’s hard to tell where the federal government is heading on Medicaid policy, but it is very good to see the new Secretary acknowledging that choice in where people receive long-term care services is the right policy direction.

 

Conclusion

Thank you for the opportunity to provide testimony about the SRS budget. I would be happy to stand for any questions.

 

 

Click here to return to KACIL Home Page

 

Click here to return to Testimony Page