Testimony to

Social Services Budget Committee

Representative Melvin Neufeld, Chair

February 8th, 2001

 

 

My name is Gina McDonald and I represent the Kansas Association of Centers for Independent Living (KACIL).  KACIL represents 13 Centers for Independent Living (CIL’s). Centers provide services to people with disabilities of all ages.  Centers for Independent Living also provide assistance to businesses and all other entities in the community to assist them in offering services to people with disabilities.  We advocate at a state and national level for the rights of all people with disabilities to live in the communities of their choice.

 

I come to you today asking for no additional resources.  But KACIL does request that you consider two important policy decisions.

 

1.  We are very disappointed to report that for three years now we have come to you asking that people who are using waiver services under the physical disability (PD) waiver be afforded the same rights as those on the MR/ DD Waiver.  That is when they turn 65, they be allowed to remain on the waiver that was designed to meet their needs.

 

We are aware that SRS has begun working on this issue and so far has not received positive responses from Health Care Finance Administration (HCFA). 

 

Perhaps there is another way to look at and resolve this issue.  KACIL believes that the waiver for people with physical disabilities (PD Waiver) meets the needs of all Kansans with disabilities, regardless of their age. 

 

The Frail Elderly (FE) Waiver however does not appear to meet the needs of people who start out on the PD waiver and are forced to move to the FE Waiver when they turn 65. 

 

Recommendation:

 

Ask this committee to require that SRS and the Department on Aging put together a task force to look at how to combine services for all Kansans with Physical disabilities regardless of age and make recommendations for change back to this committee no later than


January of  2001.  Further, they should report milestones in accomplishing this task to a legislative oversight committee this summer.   Changes could be written and budget implications could be determined this summer and reports could be made back to the 2002 legislature.

 

The task force should consist of no less than equal numbers of representatives from SRS, KDOA, AARP, AAA’s, KACIL, ADAPT of Kansas and the SILCK.

 

The Senate Ways and Means committee is including this language in their report on SRS and we implore you to consider this request. 

 

2. KACIL is aware that as our population ages, more an more people choose to remain in their homes for as long as possible.  The Secretary of Aging agrees with KACIL that Nursing Facilities should be an option for all, but only when necessary.

 

President Bush this past Thursday unveiled his New Freedom Initiative where he will be calling for Federal Agencies to “support the most integrated community settings for individuals with disabilities pursuant to the Olmstead decision” and the executive order calls for “the identification and removal of barriers to community placement.”

 

KACIL asks that this legislature consider adding the following language to the policies for Home and Community Based Services.  KACIL believes that this language would ensure compliance of the state with the Olmstead decision, and it would provide for fair and equitable treatment for all Kansans.  It would force the state to look at the long-term care budget as a whole, instead of the piece meal approach now used.  As those of you who have been working on this budget know, the following language will create an entitlement to community based services, just as we currently have an entitlement to institutional services.

 

 

  1. Any person eligible for nursing facility, adult care home, intermediate care facility, nursing home for mentally ill or state institution for mentally ill, or any other publicly funded institution

 

  1. Shall be afforded the choice to receive appropriate services in the community in the most integrated setting.

 

  1. Cost effectiveness shall be maintained by ensuring that home and community based services for a given population of people with disabilities shall, in the aggregate, cost less than if the same population were served in the appropriate institution.

 

  1. Nothing in this agreement may be construed to mean that an individual will be forced into a home and community based program if that person chooses to enter or remain in an institution.

 

 

Thank you for the opportunity to speak with you today.  I’d be happy to attempt to answer any questions.

 

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