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