News

This is a busy time for behavioral health! 

BUDGET HEARINGS:  KMHC supports the behavioral health enhancements in the Governor’s Budget.  Other top issues include advocating for continued support for the Certified Community Behavioral Health Center system, creating community Crisis Intervention Centers, funding 988, and ending the moratorium on voluntary admissions at the state hospitals – expanding access to community based services and Medicaid Expansion.  The following committees hear public testimony then make recommendations to the House Appropriations Committee or Senate Ways and Means Committee to develop the overall budget.

To submit written testimony or to speak before the committee, contact the committee assistant at least 48 hours before the hearing and expect to turn in your testimony 24 hours before the hearing.  Some committees require only an electronic copy of your testimony, others will ask you to deliver paper copies too.  Remember, if you can't get testimony submitted, you can email the committee members directly. 

When testifying for agency budgets, it is important to review the Governors Budget Report to see what is recommended for the agencies.  See Governors Budget Report and Directors Budget Presentation.  See page 20 of the directors presentation for behavioral health (see below), also page 22 for Medicaid Expansion.  

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House Social Services Budget Committee  web page link with members – HSSBC - meets daily at 3:30 p.m. 152-S – Contact Francisca.Hernandez@house.ks.gov   or at 785-296-7660.  The committee assistant needs to know if you will testify in person or by Webex 48 hours before the hearing.  Email a pdf of your testimony by 1:00 p.m. the day before the hearing.

Larned State Hospital and Osawatomie State Hospital Budget Overview  February 10, Public Hearing - February 10, Recommendations February 21

KDHE/Medicaid/Public Health – Overview February 7, Hearing February 8, Recommendations February 9

Dept. of Children and Families -  Budget Overview February 14, Public Hearing February 15, Recommendations February 16 

KDADS Budget Overview February 16, Public Hearing February 17, Recommendations February 21 

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Senate Ways and Means Subcommittee on Human Services – time and location vary - web page link  with members

Contact Donna.Fulkerson@senate.ks.gov or 785-296-7399.  The committee assistance needs to know if you will testify in person or by Webex 48 hours before the hearing.  Email a pdf of the testimony 24 hours before the hearing.   

Larned State Hospital and Osawatomie State Hospital – Public Hearing Wednesday February 9 - 12 noon Room 548-S.  Deliberations Thursday February 10 - 10:30 a.m. Room 548-S.

KDADS and DCF – beginning February 16 or 17.  TBA.

Members of the public can stream audio and some video from www.kslegislature.org.   Click “Audio/Video” in the upper right corner of the site.  Select “Statehouse Live and Archive” or “House, Senate and Committee Video”.  Meetings are available to listen or view later as well.  Sometimes one of these options works better than the other.  There are also times when there doesn’t seem to be any audio at all – a hitch that is due to committee room equipment.   The 2021 Legislature did appropriate funds to improve statehouse technology equipment, so we hope these functions will be more reliable this session.  

The Kansas Legislature will host a joint meeting of the House Appropriations and Senate Ways and Means Committees today at 10:00 a.m. to hear the Governor’s Budget Report and review current state budget numbers.  Listen to the committee at http://sg001-harmony.sliq.net/00287/Harmony/en/PowerBrowser/PowerBrowserV2/20220112/-1/13872 or view at the Kansas Legislature channel on YouTube.  The 2022 Legislative Session opened Monday afternoon and featured the Governor’s State of the State speech last night, along with a State of the Judiciary presentation by Chief Justice Marla Luckert yesterday afternoon.  The Governor is proposing the elimination of the food sales tax and an income tax refund to all Kansas taxpayers of $250 per individual.  Kelly says the Kansas economy is strong – with revenue estimates consistently increasing. 

Budget estimates predict the highest ending balance the state has ever seen, mostly due to several rounds of federal pandemic relief funding and increased federal match for Medicaid, and Kelly is arguing that Kansans should benefit directly.  At this point, Republican leaders are arguing that the federal aid will end and create a revenue cliff – so, a graduated approach may be better.  There was also talk about reducing the sales tax rate for other kinds of purchases beyond groceries and using surplus funds to pay down KPERS debt.  They do not support sending tax refunds to every Kansan – a proposal that they say is all about the Governor’s re-election campaign. 

Governor Kelly used her State of the State speech to promote her priorities and to criticize the Legislature’s refusal to pass Medicaid Expansion.  

Kansas Department for Aging and Disability Services items included in CCR SB 159:

○ Adding $2.7 million, including $1.2 million SGF, for Certified Community Behavioral Health Clinic (CCBHC) funding, and 10.0 FTE positions for CCBHC certification for FY 2022;

○ Adding $5.6 million, including $2.0 million SGF, for the Medicaid Home and Community Based Services (HCBS) Technology Assisted (TA) waiver for FY 2022;

○ Adding $3.0 million, all SGF, for costs associated with the 988 Crisis Hotline, and adding language to lapse SGF funds associated with the 988 Crisis Hotline implementation, if federal funds are available for this purpose in FY 2022; and

○ Adding $9.6 million, including $4.3 million SGF, and adding language raising the Protected Income Level for HCBS Waivers and the Program of All-Inclusive Care for the Elderly (PACE) from 150.0 percent to 300.0 percent of federal supplemental security income for FY 2022.

Veto Session Almost Over The Legislature is grinding its way toward adjourning the veto session in the wee hours of Saturday morning.  However, the omnibus budget was approved earlier this evening with the House passing CCR SB 159 98-21 and the Senate voting 26-12.  The debate on the budget legislation was remarkably brief, considering that the House and Senate crafted their negotiating positions through committee action alone – bypassing the process of passing bills through the full chambers prior to conference committee.  The Ways and Means / Appropriations conference committee hit the ground running at 9 am Thursday morning, meeting 9 times until reaching an agreement around 11:15 p.m.  Legislative staff worked most of the night to have the conference committee report ready for final chamber votes today. Highlights of the Omnibus Budget   Full summary link Human Services - Adding $31.1 million, including $20.6 million SGF, for the Human Services function and adopting GBA No. 3, Item 1, to delete $268.8 million, including $141.6 million SGF, to implement the Spring 2021 Consensus Caseloads. Other Major Adjustments include: ● Kansas Department for Aging and Disability Services: ○ Adding $2.7 million, including $1.2 million SGF, for Certified Community Behavioral Health Clinic (CCBHC) funding, and 10.0 FTE positions for CCBHC certification for FY 2022; ○ Adding $5.6 million, including $2.0 million SGF, for the Medicaid Home and Community Based Services (HCBS) Technology Assisted (TA) waiver for FY 2022; ○ Adding $3.0 million, all SGF, for costs associated with the 988 Crisis Hotline, and adding language to lapse SGF funds associated with the 988 Crisis Hotline implementation, if federal funds are available for this purpose in FY 2022; and ○ Adding $9.6 million, including $4.3 million SGF, and adding language raising the Protected Income Level for HCBS Waivers and the Program of All-Inclusive Care for the Elderly (PACE) from 150.0 percent to 300.0 percent of federal supplemental security income for FY 2022. ● Department of Labor - Adding $9.6 million, all SGF, to update the unemployment insurance benefit system and adding language requiring the agency use up to $250,000 to conduct an outside audit in compliance with Senate Sub. for Sub. For HB 2196 for FY 2022. This includes language requiring the use of federal funds if determined allowable; Key to the final agreement was adding $53 million to higher education appropriations in order to meet enough of the federal “maintenance of effort” requirements to assure Kansas’ eligibility for American Rescue Plan Act (ARPA) funds.  State employees did not get the 2.5% pay increase recommended by the House, but there are salary increases for the Judiciary branch that many say are long overdue. There were a number of last minute provisos added to the bill relating to topics like limiting contact tracing for purposes of individual privacy and prohibiting vaccine passports, the impacts of which will be unknown for now. There were also a couple of items added into the omnibus budget that had been line item vetoed by the Governor – including an agreed to change in the way that federal coronavirus aid is approved for State expenditures. These budget items are in addition to those passed in the mega-budget bill – Sub for HB 2007 prior to first adjournment the first week of April. The Legislature is still debating a couple of conference committees, but likely to adjourn in an hour or two.  Status of the State General Fund The HB 2007 approved budget resulted in an ending balance of $648.5 million in FY 2021 and $10.2 million in FY 2022. Change in economic conditions and federal stimulus have substantially changed that outlook in addition to legislative adjustments. Major Adjustments include: ● Revised consensus revenue estimates adding $319.8 million in FY 2021 and $41.2 million in FY 2022; ● The passage of SB 50, SB 47, and HB 2143 reducing estimated revenue by $108.5 million in FY 2022; ● Spring Human Services Caseloads reducing SGF expenditures by $189.5 million in FY 2021 and $141.6 million in FY 2022; and ● SB 159 adding $4.4 million in FY 2021 and $70.5 million for FY 2022 in expenditures above the Governor's recommendation as adjusted for GBA No. 3 and No. 4. The effect of these various adjustments results in a projected ending balance of $1.1 billion in FY 2021 and $542.1 million in FY 2022.

Sub for HB 2007 - the mega-budget bill for the 2021 session - was passed by the Legislature prior to First Adjournment and the Governor signed it with some line item vetoes on Monday, April 26.  Attached is a spreadsheet of the negotiated items from the conference committee on HB 2007.Senate Ways and Means returned Monday to review the new consensus revenue and expenditure estimates, and began to craft their Omnibus bill over a day and a half.  House Appropriations worked through its 49 page omnibus list in about 9 hours on Tuesday.  Here is the list of omnibus items being considered by the budget committees.  Two of the key items for the Coalition are the first year funding for the Certified Community Behavioral Health Centers program and startup funds for a 988 crisis system.  The 988 crisis line will be live July 2022 according to the federal legislation.  Will Kansas be ready?

The Governor’s State of the State speech was delivered remotely on January 12, due to the pandemic and the proposed budget was presented to a joint meeting of the House Appropriations and Senate Ways and Means Committee on the morning of January 13.  The Budget proposes two merge KDADS and DCF into a single Department of Human Services and includes new spending. 

Department of Human Services Enhancements

• $2.0mil for CMHC specialized services in Nursing Facilities for Mental Health
• $5.0mil for statewide mobile response & stabilization
• Provides community-based interventions and individualized care planning
• $3.0mil for family crisis response and support
• Provides any child/youth up to 18 in the community, or any young adult (ages 18 – 21) who is a foster care alum who is experiencing behavioral or psychiatric emergency with rapid, community-based crisis intervention services, regardless of health care insurance status
• Department of Corrections Lansing facility
• Substance abuse program implementation

The Governor cites two key principles for her budget:

1. Respond to the needs highlighted by the pandemic and protect core services, while keeping Kansas on the path of fiscal responsibility and economic growth

• The FY22 Governor’s recommended budget will show investments in IT modernization, transportation, public safety, mental health services, education, and economic development tools

2. Continue building on the work that has been done over the past few years to keep putting tools back into the budget toolbox

• By remaining steadfast in the commitment to restore stability to the state’s finances over the past couple of years, we have been able to weather the financial uncertainty that the pandemic has brought to date

Links to the Governors Budget information:   

Budget Overview    GBR Volume 1      GBR Volume 2   

A Tough Year

It is worth noting that the Governor has prepared her budget recommendations based on forecasts for reduced revenues due to the ongoing coronavirus pandemic.  Every agency was asked to submit their agency budget with 10% reductions – then, the Governor and her team worked to reinstate portions or all of the 10% cuts for various agencies.  Then, limited enhancements were added. 

So, it is very encouraging that Governor Kelly prioritized behavioral health needs for Kansans.  Now, the legislative process will take her budget proposal and dissect it, adding and removing funding items according to the priorities of legislators.  We are hopeful that the work of the Mental Health Modernization and Reform Committee over the interim will help to keep behavioral health top of mind for legislators in the next few weeks and months. 

The 2021 Legislative Session will be very unusual, with efforts to spread out in committee rooms and into the public galleries of the House chamber and limit physical access to members of the public and the press.  Masks are encouraged – seemingly more in the House than the Senate – and temperatures are checked as people enter the building.

The first calendars indicate a quick start to legislative action, with the Judiciary and Tax committees already scheduled to hear bills addressing government actions relating to COVID-19 and tax legislation left hanging from the 2020 session.  Some are saying that regardless of the safety efforts, leaders are anxious to get several pieces of legislation passed quickly – before illness and quarantines may keep legislators out of the building and getting the right number of votes could become a challenge.  A constitutional amendment regarding abortion is expected along with possible liability protections for nursing homes. 

Calendars are posted each day at https://kslegislature.org – select the third tab from the right on the blue banner.   Committee meeting audio can be streamed live by selecting Audio/Video from the top edge of the home screen, click on Statehouse Live and Archive from the dropdown list.  There are larger audio/video links for streaming the full House or Senate sessions mid-page on the right margin. 

Full House and Senate sessions with action are to be limited this session – requiring fewer gatherings of the legislators within the House and Senate chambers.  There is a plan to bring representatives into the chamber in groups when votes are required.  The calendars will indicate when House or Senate deliberations are to occur.  Action on bills by the full House or Senate is indicated in the calendars by a line showing up under a list of bills to be debated under General Orders. 

Many interim meetings have streamed live on YouTube – subscribe to the Kansas Legislature channel.  So far, it does not appear all the legislative committees will be appearing there, although the House and Senate sessions were available.  However, individuals who sign up to testify in committees will be provided a link to participate with audio and video. 

The first day has been a little rocky – not all the links have worked well.  This means that those of us who are tracking the activities of the Legislature closely will have extra work to do. 

Monday, February 11, Kansas legislators gathered in the State Capitol to begin the work of the 2021 Kansas Legislative Session. Leadership elections were formalized – making history, as Representative Ron Ryckman, R-Olathe, is the first representative to win a third term as Speaker of the House and Dinah Sykes, D-Lenexa, is the first female elected to be the Senate Minority Leader.  There were speeches and welcomes all around.

The leaders are as follows:

SENATE:

President - Ty Masterson, R-Andover

Vice President - Richard Wilborn, R-McPherson

Majority Leader - Gene Suellentrop, R-Wichita

Assistant Majority Leader – Larry Alley, R-Winfield

Majority Whip – Richard Hilderbrand, R-Galena

Minority Leader - Dinah Sykes, D-Lenexa

Assistant Minority Leader - Oletha Faust-Goudeau, D-Wichita

Minority Whip – Pat Pettey, D-Kansas City

Minority Agenda Chair - Marci Francisco, D-Lawrence

Minority Caucus Chair – Jeff Pittman, D-Leavenworth

HOUSE

Speaker – Ron Ryckman, R-Olathe

Speaker Pro Tem – Blaine Finch, R-Ottawa

Majority Leader – Dan Hawkins, R-Wichita

Assistant Majority Leader – Les Mason, R-McPherson

Majority Whip – Blake Carpenter, R-Derby

Majority Caucus Chair – Ken Rahjes, R-Agra

Minority Leader – Tom Sawyer, D-Wichita

Assistant Minority Leader – Jason Probst, D-Hutchinson

Minority Whip – Stephanie Clayton, R-Overland Park

Minority Caucus Chair – Barbara Ballard, D-Lawrence

Minority Agenda Chair – Brandon Woodard, D-Lenexa

Minority Policy Chair – Rui Xu, D-Westwood

For more information about these legislators, check out http://kslegislature.org