200 rally at Statehouse for Medicaid expansion

by Jim McLean, KHI News Service 

Topeka— Medicaid expansion is nowhere to be found on Gov. Sam Brownback’s list of priorities and those of Republican legislative leaders as they work through a legislative session now dominated by school finance issues.

But that didn’t stop nearly 200 expansion supporters from crowding into a wing of the Statehouse adjacent to the governor’s office on Tuesday for a noisy rally. The event was staged by more than 50 health care and social service organizations organized under the banner of the Kansas Medicaid Access Coalition.

Sean Gatewood, a former Democratic legislator from Topeka and director of the coalition, outlined the case for expansion by reminding the crowd that the state’s current Medicaid program is one of the most restrictive in the nation.

“If you don’t have kids and you don’t have a disability and you’re just a childless adult there is no Medicaid for you. It doesn’t matter if you don’t make a dime,” Gatewood said.

In Kansas, childless adults are not eligible for Medicaid no matter how poor they are. Adults with children are eligible but only if they earn less than 32 percent of poverty, about $630 a month for a three-person household.

The federal health reform law allows states to increase Medicaid eligibility for all adults with annual earnings up to 138 percent of poverty – $15,856 for individuals and $35,325 for a family of four. And the law requires the federal government to pay 100 percent of the costs for three years. After that, the federal share gradually declines until it reaches 90 percent.

Without expansion, an estimated 80,000 uninsured Kansans are expected to fall into what is being called the Medicaid gap. They are ineligible for the existing Medicaid program but are too poor to qualify for federal subsidies to help cover the cost of private coverage in the Obamacare marketplace.

Georgia Masterson traveled from Iola to attend the rally and lobby legislators from her area. A former state employee, Masterson now helps people select health coverage on the healthcare.gov website as a certified navigator. She said she’s counseled several people who made too little to qualify for federal subsidies and too much for Medicaid.

“It’s very frustrating and it’s very heartbreaking,” Masterson said.

Many of those expected to end up in the gap are seniors who lost their jobs and health insurance before they were old enough to qualify for Medicare, said Mary Tritsch of AARP Kansas.

“They’re not eligible to be on Medicare until they’re 65 so they’re caught in a gap and they really need this,” Tritsch said. “We’re estimating that a little over 20,000 Kansans are in that position.”

The rejection of Medicaid expansion is also squeezing Kansas hospitals financially. They’re being forced to absorb cuts in Medicare reimbursements that were supposed to be offset by higher Medicaid spending.

A report from the Kaiser Commission on Medicaid and the Uninsured estimated that rejecting expansion would cost Kansas $5.3 billion in federal aid between 2013 and 2022.

By Tuesday evening, a ticker on the Kansas Health Consumer website that continuously updates how much money Kansas has lost since Jan. 1 was closing in on $83 million.

None of the arguments advanced by expansion supporters have carried the day with opponents. Just last week, Brownback restated his opposition to expansion, saying it would be wrong to allow more able-bodied adults into Medicaid when thousands of people with physical and developmental disabilities are still on waiting lists for services.

“I want us (first) to take care of the people who are on the waiting lists now,” Brownback said after addressing an event organized by mental health advocates.

A Medicaid expansion bill introduced early in the session by Rep. Jim Ward, a Wichita Democrat, never received a hearing and remains bottled up in a House committee.

Senate President Susan Wagle, a Wichita Republican, has said she is open to discussing the kind of private-sector approaches to expansion being taken in other states by GOP governors. Those plans require federal approval to use Medicaid money to subsidize the purchase of private coverage.

“I believe if the federal government would give us the flexibility then we could arrive at a plan that works for Kansas,” Wagle said.

Wagle said continued opposition to the Affordable Care Act and problems with its implementation made it impossible to discussed the related Medicaid expansion issue this session.

“We don’t have a predictable environment to legislate from,” she said.

Jacki Chase is the head nurse for the Iola school district and the daughter of the late Robert Talkington, the president of the Kansas Senate from 1985-1989. She said she supports Medicaid expansion but understands why some legislators don’t want to deal with it in an election year.

“It is a politically charged issue that relates back to the Affordable Care Act and whether that is going to be successful,” Chase said. “I think they don’t want to address it and possibly have it used against them in this year’s election.”

In 2010, political organizations spending hundreds of thousands of dollars used the Obamacare issue to defeat several moderate Republican members of the Kansas Senate.

The KHI News Service is an editorially independent initiative of the Kansas Health Institute. It is supported in part by a variety of underwriters. The News Service is committed to timely, objective and in-depth coverage of health issues and the policy-making environment. More about the News Service is at khi.org/news or contact 785-233-5443.

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Cool weather in store for last day of winter

Today’s high is a little cooler than Tuesday. Winter will make its exit today with a high of 55 this afternoon and cloudy skies in the morning.
Winds Wednesday will be from 14 to 17 mph with gusts as high as 25.
Tonight, it will be cold, with a low of 35.
Spring enters Thursday with temperatures 15 degrees higher.
Look for windy weather to continue on Thursday, when temperatures will be 70 degrees and winds will be 15 to 20 mph with gusts of 28 mph.
Friday, skies will be mostly sunny with a high of 61.
Temperatures drop on the weekend, with a high near 47 on Saturday and 45 on Sunday.
On Monday, there is a slight chance of rain and snow, according to the National Weather Service, with a 20 percent chance of precipitation. The high will be near 51.
Tuesday, the high will be 44.

Column: Do you like where this road could lead?

by Lawton R. Nuss

Last year several legislators crafted a proposal for changing the constitutional process chosen by the people of Kansas for selecting Supreme Court justices.  These legislators sought endorsements by the Kansas Bar Association and the Kansas District Judges Association (KDJA).

According to several sources, the endorsements would induce the Legislature to give judicial branch employees their first pay raise in more than 4 years.  I told our 1,500 employees that while the justices supported the pay raises, we opposed the trade.  Later one of the crafting legislators publicly denied any linkage between the overdue pay raises and selection of justices and demanded my apology.

Recently one of these legislators advanced a new proposal.  Linking money to other court issues can no longer be denied.  Rather, it is glaring.

Instead of pay raises, this time legislative money is being offered to keep all Kansas courts open after July 1 – in direct exchange for some important restructuring of the judicial branch.  More specifically, the money would be given if the KDJA now endorsed the “package deal.”  The package includes changing the statewide unified court system in two fundamental ways.

First, it allows the chief judge in each of Kansas’ 31 judicial districts to submit and control his or her own budget.  Second, it allows the judges in each judicial district to choose their own chief judge.  The Supreme Court has exclusively exercised the authority for both actions since at least the late 1970’s after a constitutional amendment. All 31 chief judges – the ones most directly affected by the decentralizing budget provision – oppose it.  Additionally, many prefer the Supreme Court’s traditional chief judge selection process, where for almost 40 years the Court has sought input from all judges and employees working closely with them before making the appointment.  Chief judges and justices alike ask, “What needs fixing?”

One packaging legislator informed the KDJA that without a positive statement about the entire package, it would fail.  The money for keeping the courts open would then be lost.  And no other legislative revenue proposal for keeping courts open was planned.  In other words, no endorsement means closed courts.  So while disagreeing with a significant part of the package, the executive committee concluded, “The KDJA can accept [it], because the courts of Kansas will be allowed to remain open for business.”  The Kansas Senate approved it a few hours later.

The Supreme Court strongly opposes the package – for reasons that should be clear.  Most objectionable is the diffusion of the unified court system’s centralized authority in exchange for money to keep Kansas courts open.

Some argue this legislative action violates the people’s constitution.  The 1968 Legislature’s “Citizens’ Committee” recommended all the various courts be unified, modernized and administered by one central authority.  This recommendation was followed by a 1972 statewide election in which Kansans voted to add this language to their constitution:  “The supreme court shall have general administrative authority over all courts in this state.”  Acknowledging this mandate for unification and modernization, a later committee chaired by Edward Arn – former Attorney General, Supreme Court justice, and two-term Republican Governor – specifically recommended one budget for the entire judicial branch.

I express no opinion on the constitutionality of the package.  Because if it is challenged in a lawsuit, the Supreme Court may need to answer that question.

But as the package moves through the House of Representatives, all Kansans should ask themselves at least two questions:    First, is this package true to the will of the people when they voted to change their constitution and place all administrative authority under the Supreme Court and to eventually unify all Kansas courts??

Second, if Kansans start down the road where judges feel compelled to help bargain away the Court’s authority, where does that road end?  Will otherwise fair and impartial judges be asked to decide court cases the way some legislators want them to be decided – in exchange for money to keep the courts open for the people of Kansas they all are supposed to be serving?

Lawton R. Nuss is a Salina native and a fourth-generation Kansan.  He has served on the Kansas Supreme Court since 2002 and as chief justice since 2010.