Minimum wage ruling prompts KDADS request for additional funding

Agency seeks additional $6.5 million this fiscal year for home health workers

by Dave Ranney, KHI News Service

A spokesperson for the Kansas Department for Aging and Disability Services says the agency will need an additional $6.5 million to comply with a recent ruling that requires employers to pay in-home workers minimum wage and overtime.

The department has asked Gov. Sam Brownback’s budget office to build the additional funding into its budget for the current fiscal year, according to Angela de Rocha, KDADS director of communications. However, tax revenues are more than $60 million below projections so far this fiscal year, creating a bleak budget situation in Kansas.

The U.S. Department of Labor ruling, affirmed last week by Chief Justice John Roberts of the U.S. Supreme Court, is expected to have the biggest effect on the state’s Medicaid-funded services — called sleep cycle supports — that involve paying workers to be present while frail elders or people with serious disabilities sleep. These workers help beneficiaries with toileting, taking medication, being repositioned to prevent bedsores or getting out of bed in the morning.

The services are designed to help people continue living in community-based settings and avoid having to move to nursing homes, which are more expensive.

For years, sleep-support workers in Kansas have been paid about $35 per evening, which per hour is less than minimum wage.

After the ruling takes effect Nov. 12, most of these workers will need to be paid between $45 and $60 per evening.

De Rocha said KDADS and the managed care organizations (MCOs) that administer KanCare, the state’s Medicaid program, will “continue to work with consumers to ensure adequate support is maintained.”

Some services, she said, may have to be realigned in ways that have not yet been defined.

Last year, KDADS Secretary Kari Bruffett called lawmakers’ attention to the Department of Labor ruling’s potential to reduce or eliminate sleep-cycle support for 1,400 people and force “more consumers … into institutions.”

The ruling also requires employers to pay attendant care workers for some of the time they spend driving between their care recipients’ homes.

“But the biggest concern centers around sleep cycle support,” said Mike Oxford, executive director of the Topeka Independent Living Resource Center, a nonprofit program that helps arrange in-home services for people with physical disabilities.

“What the ruling says, essentially, is that the services really can’t be paid for on a daily-rate basis like they are now,” Oxford said. “It has to be by the hour, and it has to be minimum wage.”

Oxford said he welcomed news of the KDADS request to Gov. Sam Brownback’s administration for the additional $6.5 million.

“There hasn’t been a lot information that’s been shared with the public on this, so it’s great to hear,” he said. “Our hope now is that KDADS, the MCOs and the service providers can all work together on this.”

Though the ruling takes effect in mid-November, federal officials won’t begin enforcing the new requirements until 2016.

“What that means is that between Nov. 12 and Dec. 31, the Department of Labor will have ‘prosecutorial discretion’ as long as employers are making a good faith effort to come into compliance,” said Deane Beebe, a spokesperson for the Paraprofessional Healthcare Institute, a national organization that represents home health aides and personal care attendants and has been outspoken in its support for the ruling.

“But on Jan. 1, that discretion gets replaced with enforcement,” she said. “Workers who feel like they’ve not been paid minimum wage can file complaints with the Department of Labor in their state. They will have legal standing.”

Beebe said her organization is encouraging states to resist cutting services in an effort to offset the ruling’s costs.

“The solution to this is not to cut services,” she said. “If they do, they’ll be out of compliance with the Olmstead ruling and with the Americans with Disabilities Act, and that will be a real problem.”

The Olmstead ruling refers to a 1999 U.S. Supreme Court decision that said people with disabilities have a right to services that allow them to live in community-based settings rather than institution-based settings.

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Sporting KC on the road Friday to face San Jose Earthquakes

Sporting Kansas City can secure the club’s fifth straight postseason berth with a victory at the San Jose Earthquakes in the team’s first trip to Avaya Stadium at 10 p.m. on Friday.

The match will be nationally televised on UniMas in addition to live coverage on SKCTV affiliates across the Midwest, including KMCI-TV 38 The Spot in Kansas City.
Friday’s game could go a long way in shaping the Western Conference playoff picture as fourth-place Sporting KC (13-9-9, 48 points) and sixth-place San Jose (12-12-8, 44 points) look to extend their respective campaigns into the postseason.

San Jose cruised to a 5-0 win in the previous meeting between the clubs on Aug. 19, handing Sporting KC their only home loss of 2015 to date. Chris Wondolowski and Cordell Cato each bagged a brace, while Anibal Godoy scored his first career MLS goal.
Sporting KC has a 4-16-6 road record against the Earthquakes (including postseason) and hasn’t won in San Jose since Aug. 16, 2000, a run of 16 straight visits without a victory (0-11-5).

– Story from Sporting KC

Open house on I-35 ramp metering project scheduled tonight

An I-35 ramp metering open house will take place from 5:30 to 7:30 p.m. Thursday, Oct. 15, at Rosedale Middle School gymnasium, 3600 Springfield St., Kansas City, Kan.

Residents will have the opportunity to participate in a discussion about implementing ramp metering on I-35 for Wyandotte and Johnson counties.

Residents may give opinions about ramp metering and which ramps could benefit from ramp meters.

The meeting is open to the public.

Also, mobile meetings on I-35 ramp metering are planned from 4 to 6 p.m. Monday, Oct. 26, at the Walmart Neighborhood Center, 4701 Mission Road, Westwood, Kan.; and 11 a.m. to 1 p.m. Saturday, Oct. 31, at the Hen House Market, 5800 Antioch Road, Merriam, Kan.

In addition, residents may participate in an online town hall meeting on the subject, which is going on currently, through Oct. 31, at 135rampmeters.mysidewalk.com.