Kansas Medicaid expansion could be funded by medical marijuana, governor says

Gov. Laura Kelly today proposed a new way to pay for Medicaid expansion in Kansas – with legalizing medical marijuana.

Some of the previous discussion on the issue centered on how to pay for the additional Medicaid health insurance for 165,000 Kansas residents.

Kansas is one of only three states without legalized medical marijuana and one of only 12 that have failed to expand Medicaid, according to the governor. Medical marijuana could raise up to $50 million a year for the state.

“After nearly a year of challenges brought on by COVID-19, we need to use every tool at our disposal to protect the health of our workforce and our economy,” Gov. Kelly said. “Getting 165,000 Kansans health care, injecting billions of dollars and thousands of jobs into our local economies, and protecting our rural hospitals will be critical to our recovery from the pandemic. By combining broadly popular, commonsense medical marijuana policy with our efforts to expand Medicaid, the revenue from the bill will pay for expansion.”

The Medicaid expansion bill includes many of the same provisions as last year, except these changes:
• The re-insurance program has been removed.
• The Medicaid Expansion Surcharge paid by Kansas hospitals to offset the state general fund costs of expanding Medicaid has been removed.
• In place of these two programs, a proposed medical marijuana bill has been inserted.
• This bill is modeled after Ohio’s framework and similar to the bill that has been proposed by House Republicans.
• The fiscal note of this portion of the bill should more than offset the state general fund costs of Medicaid Expansion.

“Our economic recovery depends heavily on our ability to attract and retain businesses throughout the state,” Lt. Gov. David Toland said. “Kansas has no business giving companies even one reason to look elsewhere — and I can say, unequivocally, that the availability of healthcare and well-being of all Kansans matters a great deal to companies considering places to locate and grow.”

Under the proposed legislation, Medicaid would be expanded to the full 138% federal poverty line at 90% to 10% match from the federal government. The bill requires the Kansas secretary of health and environment to collect information from applicants regarding their employment history through the Medicaid application and refer unemployed or underemployed individuals to the Department of Commerce or Department of Children and Families to assist with locating job opportunities through work referral programs.

Individuals would be required to pay a premium not to exceed $25 per person or $100 per family, with a provision to grant exceptions based on hardship. Premiums that go more than 60 days unpaid are referred to the established debt setoff program through the Department of Revenue for collection.

“Making health care available to thousands of low-income, uninsured Kansans would help working Kansans and their families, resulting in a healthier, more productive workforce and benefit employers across the state,” Tracey Osborne Oltjen, president and CEO of the Overland Park Chamber of Commerce, said. “We know that people who have health coverage are generally healthier and more productive at work. From a business perspective, that’s why Medicaid expansion is so important. Until we expand Medicaid in Kansas, we risk falling further behind our neighbors. We should not stand as an island on this issue, creating expensive challenges for our residents and our businesses.”

“Expanding Medicaid is one of the most cost-effective tools our state can use to protect our residents, health care providers and economy during the COVID-19 crisis and later as we rebuild,” April Holman, executive director of the Alliance for a Healthy Kansas, said. “With that in mind, we commend the governor for her commitment to this issue. We will need to discuss the full scope of Governor Kelly’s proposal with our coalition. However, we remain unified in urging the Legislature to act on expanding Medicaid now. On its own, expanding KanCare will prove to be a budget positive proposal that will create thousands of jobs.”

The bill designates the Kansas Department of Health and Environment responsibility for overseeing patients and their use of medical marijuana, KDOR is responsible for licensure and fee collections as well as regulation of producers, and the Board of Healing Arts is responsible for certifying prescribing physicians. However, it also establishes a bipartisan medical marijuana advisory committee with appointments made by the governor, legislative leadership, and chaired by the secretary of health and environment.

The bill’s sponsor is the Commerce Committee. Senate Bill 92 is online at http://kslegislature.org/li/b2021_22/measures/documents/sb92_00_0000.pdf.

Kansas constitutional amendment saying there’s no right to abortion is headed to voters

A rally at the Kansas Statehouse last year. (Photo by Daniel Caudill, Kansas News Service)

The Kansas Legislature has approved a constitutional that voters will now decide on. It comes in response to a Kansas Supreme Court ruling and would declare the state constitution does not protect abortion rights.

by Stephen Koranda, Kansas News Service

Topeka, Kansas — Lawmakers sent voters a state constitutional amendment Thursday that anti-abortion forces say Kansas needs to keep existing laws intact and that their opponents say could ultimately make abortions unattainable in the state.

The amendment, which supporters call Value Them Both, comes in response to a 2019 court ruling that said there is a right to abortion in the state constitution. The amendment would overturn that by changing the constitution to specifically say that it does not include a right to abortion and that lawmakers can regulate the procedure.

The Senate passage triggers a statewide vote in the August 2022 primary election. Approval by a simple majority of voters would put the language into the Kansas Constitution.

The House approved the amendment last week. The governor does not play a role in amending the Kansas Constitution, so Gov. Laura Kelly will not be able to block it. She has criticized the amendment because she said it will drive economic growth away from Kansas.

Supporters said voters should decide if the Supreme Court ruling was correct.

“Do you believe that the Kansas Supreme Court got it right when they said that our bill of rights, our Kansas Constitution, does provide a constitutional right to an abortion?” Republican Sen. Virgil Peck said during debate. “I, of course, think it does not.”

Debate over rewriting the constitution has either side speculating about what amending the constitution, or leaving it as is, might mean for abortion law in the state.

Supporters of the amendment, like the powerful advocacy group Kansans for Life, say the 2019 court ruling could be used to overturn abortion restrictions already in state law. That includes regulations on abortion providers, a ban on most abortions after 22 weeks and a requirement for parental consent if a minor seeks to end a pregnancy.

“Kansas has over 20 (laws regulating abortion) and we could lose all of them due to this ruling,” Republican Rep. Tory Marie Arnberger said during a debate in the House.

Republican Rep. Susan Humphries said it would even block lawmakers from approving health and safety regulations for abortion providers, such as requirements over sterilizing instruments.

“All those good regulations that protect women and babies,” she said, “when they’re challenged, they will be found to be unconstitutional.”

Abortion rights groups reject the idea that lawmakers somehow don’t have the power to regulate a clinic’s safety standards. Rather, they see danger in adding an anti-abortion amendment to the Kansas Constitution. They argue it would open a path to an all-out abortion ban if the U.S. Supreme Court ever reversed the landmark Roe v. Wade decision that promises a federal right to abortion.

Democratic Rep. Stephanie Clayton points to Tennessee. It adopted a similar amendment and passed an abortion ban after six weeks of pregnancy, although a court put that on hold.

“They’re saying it’s not a ban,” she said in an interview, “but if you look at other states that’s exactly where we’re headed.”

To Democratic Rep. Lindsay Vaughn, the entire effort is a misguided attempt to strip women of a right through the Legislature and a statewide ballot vote.

“Human rights should not be put to a popular vote,” Vaughn said.

The constitutional amendment would not directly ban abortion. The concern from people like Clayton is that it would eliminate state protections for abortion rights. That means if federal protections for abortion rights are overturned, the state would be free to consider stricter requirements than currently allowed.

Last year, the amendment narrowly failed to get the two-thirds vote needed in the House. Advocates made a new push this year after conservative gains in the last election.

There’s also been a fight over when the public vote on the amendment should happen.

Democrats contend putting it on the primary ballot is a strategy to make approval more likely — by asking a smaller group of voters to decide. Primaries traditionally draw far fewer voters, frequently the most devoted party members.

House Democratic Leader Tom Sawyer said any vote on the amendment should come in the November election when turnout will be higher.

“Putting this constitutional amendment on the August ballot will absolutely deny the rights of all Kansans to voice their opinion,” Sawyer said during a debate in the House. “This is purely a political maneuver.”

Arnberger said all Kansans have the ability to vote in the primary, so they’ll have a chance to weigh in on the amendment.

“This could, and most probably will, increase voter turnout,” she said. “Isn’t that something that we want?”

Stephen Koranda is the Statehouse reporter for Kansas Public Radio and the Kansas News Service. You can follow him on Twitter @kprkoranda.
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy. Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.
See more at
https://www.kcur.org/news/2021-01-28/kansas-constitutional-amendment-saying-theres-no-right-to-abortion-is-headed-to-voters

Legislative update from Rep. Pam Curtis, D-32nd Dist.

Opinion column

Rep. Pam Curtis

by Rep. Pam Curtis

Heading into week two we recognized the work and legacy of Dr. Martin Luther King Jr. on Monday, Jan. 18. Each year he is honored for his devotion and sacrifice in the name of equality and for the Civil Rights movement.

On Tuesday and Wednesday committees resumed as usual, but we did not hear any bills on the floor. Much of the work at the beginning of session is done in committees as bills are introduced and begin moving through the process. My committee assignments this year include the House Judiciary Committee, House Commerce/Labor Committee, and I am the ranking member on the House Local Government Committee. I also serve on the Joint Committee for Information Technology.

Due to the global pandemic, the House Chamber is taking healthy measures to ensure a full Legislative Session. This week, we addressed, and voted on, SB 14 (the Kansas Emergency Management Act) and HCR 5003 (the Constitutional Amendment). Time was of essence to pass the KEMA bill and send it to the governor before Jan. 26 when the current emergency declaration expires.

It is a special honor to serve as your state representative. I value and appreciate your input on issues facing state government. Please feel free to contact me with your comments and questions. My office address is Room 452-S, 300 SW 10th, Topeka, KS 66612. You can reach me at 785- 296-7430 or call the legislative hotline at 1-800-432-3924 to leave a message for me. You can also email me at [email protected]

Kansas Emergency Management Act (KEMA)

On Thursday, the House overwhelmingly passed SB 14 with a 119-3 vote. SB 14 addresses the governor’s emergency powers through the Kansas Emergency Management Act (KEMA). The bill is similar to HB 2048, which was introduced in House Judiciary last week, but does not extend the suspension of the waiting week period for unemployment claims and only extends the state of emergency declaration order until March 31, 2021.

However, similar to HB 2048, SB 14 bill is more restrictive in its limitations of the governor’s power than HB 2016, which was passed last year. Unfortunately, we did not have time to fix this bill due to the impending deadline of Jan. 26, when the governor’s emergency declaration would expire. We will continue to work to make sure that the governor has all the tools necessary to effectively guide us through this pandemic and putting public health over politics.

The Constitutional Amendment

On Friday, the Constitutional Amendment, HCR 5003, passed the House on a party-line vote. The resolution asks voters to amend the Kansas constitution by adding a new section stating that there is no constitutional right to abortion and that the legislature has unchecked authority to regulate reproductive rights. Furthermore, this amendment was put on the primary election ballot in 2022 which disenfranchises many voters. Also, there were no protections for rape, incest or the life of the mother.

House Democrats offered four amendments, all of which were denied.

The four amendments were:

  1. Placing HCR 5003 on the November General Election of 2022 where there is historically a higher turnout of voters.
  2. Abolishing the Death Penalty
  3. Protecting women in cases of rape, incest, or when the life of the mother is in danger.
  4. Placing HCR 5003 on August primary in 2021 rather than 2022.

The resolution passed 38 to 86. HCR 5003 now goes to the Senate where it will need a two-thirds majority to pass and be put on the August 2022 primary ballot.

Early Learning Resources from the State Library

BookFlix is an online resource from the State Library of Kansas for children in grades PreK-3 that pairs video storybooks with related nonfiction e-books. Imagine Curious George paired with a nonfiction book about monkeys. Along with reading the books, you can also watch the story, do games and puzzles, and “dive deeper” with pictures for coloring or poems to reinforce early learning reading skills.

Feed curiosity with Britannica E-Stax (K-12), featuring nonfiction books that can be read online or downloaded to any Internet enabled device.
Both are available at no charge through the State Library’s web site https://kslib.info/storytime .

Resources

My Legislative Facebook Page, https://www.facebook.com/PamCurtisKCK


My Twitter Account, https://twitter.com/pcurtiskck

Kansas Legislature Website, http://www.kslegislature.org/