Welfare and Health Task Force

The statewide legal services Welfare and Health Task Force last met on:

Date: Monday, June 3
Time: 11:00 a.m. to 2:30 p.m. ET / 10:00 a.m. to 1:30 p.m. CT

Place: Northside Library, 1733 Russell Cave Rd., Lexington

For more info and call-in instructions: richseckel@kyequaljustice.org

Agenda

June 3, 2019
 
11:10  Introductions and Collegial Banter 
11:15 Medicaid and Kentucky HEALTH

 

Copay or no pay? Are you hearing from clients that they are being denied medical care or prescriptions because they can’t pay a co-pay? Miranda Brown will outline when pharmacies and providers can refuse to provide medications and care to patients who can’t pay a co-pay…and when they can’t. Miranda will talk about some of the reports KEJC has received and work we’ve done and together we can brainstorm ways to assist people with this issue. KEJC and allies commented on the reg implementing copayments. See 907 KAR 1:604.  

 

DMS Updates and FAQs on copays for members and providers

DMS letter to pharmacies clarifying the copay rules

Kentucky Voices for Health story collector

 

Miranda Brown's comments

Rich Seckel's comments

 

HCBS is (not) all relative: Brian Dufresne will tell us about issues related to Home and Community Based Services: the difficulty of having a relative caregiver approved and persistent denials of service. We’ll leave time here to troubleshoot issues you’ve faced in your practice and field a couple case studies. 

 

Opioid crisis response: Brian will then turn our attention toward the opioid crisis and our communities’ responses to the crisis. Policymakers have framed this crisis as a public health issue (rather than a criminal justice issue), which creates opportunities for our organizations to assist. Brian will provide a tour of the landscape and we can discuss together the ways the opioid crisis affects our clients’ legal needs (estate planning, elder abuse/theft, consumer issues, etc.).

 

What the (1115) judge said: Just before lunch, Ben Carter will walk through the D.C. District Court’s second order striking down the Health and Human Services Secretary’s approval of the harmful changes to Kentucky’s Medicaid program proposed by Governor Bevin. How did the state and federal government change their arguments based on their loss last June? What did the Court think of those new arguments? What can we expect now that both the state and federal governments have appealed the case to the DC Circuit Court?

Ben Carter's Presentation on Stewart v. Azar

 

12:30 Oh, SNAP! Lunch!

 

If Mississippi can: While you’re focused on your food, we expect you to also be focusing on your clients’ access to food benefits. Policy guru currently at Kentucky Voices for Health and former director of the state’s SNAP program, Jason Dunn, will provide an overview of the drug felon ban as it applies to Kentucky’s SNAP and TANF (K-TAP) programs. What is it? How do other states administer their programs differently? Jason will highlight recent successes in other not-so-liberal states that suggest ways in which anti-poverty advocates can work together to change Kentucky’s draconian felon drug ban and improve the lives of some of our most desperately poor clients. 

Kentucky drug felon ban at KRS 205.2005

Kentucky ban at 921 KAR 3:025 Section 3(10)

Mississippi Center for Justice fact sheet

 

21,400 minus and more to come? Then, Jason Dunn will provide an update on the effect of ending time-limit waivers for ABAWDs in Kentucky’s SNAP program and Ben Carter will explain the new Commonwealth’s new policy (which almost no other state has implemented) of terminating SNAP benefits for noncustodial parents who are behind on their child support payments. Spoiler: it is a bad policy.

 

KCEP:  21,400 Kentuckians Have Lost Food Assistance 

KCEP:  Tracking SNAP in Kentucky (try clicking on your county)

921 KAR 3:025 see Section 3(11) and 921 KAR 3:035 companion reg

 

Demystifying public charge: Miranda Brown will return to provide us with an overview of the proposed change at the federal level to the “public charge” rule. This proposed rule is already affecting immigrants’ decisions about whether and how to avail themselves of programs like Medicaid, SNAP, and K-TAP and understanding what the rule is and who it will affect is crucial to us providing clear, accurate information to our immigrant clients now, even before the rule is in effect.

Miranda Brown's Presentation on Public Charge

For more resources, see Protecting Immigrant Families

 

1:30 Social Security Disability: The Conn Cleanup

 

Evan Smith of AppalReD will update us on the status of individual and class cases against the Social Security Administration as advocates in Eastern Kentucky continue to try to prevent the federal government from punishing Kentuckians for Conn’s criminal "connduct." 

 

1:45 Legislative Recap and Forecast; Framing For Victory

 

It ain’t over ’til...  it’s over!  Rich Seckel will provide the highs and lows of the 2019 General Assembly with particular attention to House Bill 3, a sinister bill that is a swamp/smorgasbord (pick your metaphor) of bad public benefits policies. HB 3 went nowhere fast this session, but parts of it reappeared in a late session floor amendment. And parts or all of it may appear again next year and the year after that, and the year after that…

KEJC 2019 General Assembly Overview

New, true narrative: We’ll end the day with a presentation and panel about framing the issues around public benefits. Whether you’re talking with your clients, an administrative hearing officer, a judge, a legislator, or the public, careful research shows there are productive and unproductive ways to talk about public benefits. Advocates from KEJC and Kentucky Voices for Health will share with us the profound good news of Medicaid expansion and we can discuss some best practices when framing these issues. Health care and public benefits are at the center of public debate this year and (according to English majors and supported by research) language matters! 

Kentucky Medicaid Tracker

 
Last Agenda

 

January 31, 2019

2:00 Welcome and Introductions

  • Overview of General Assembly

  • Welfare and Health Bills of Concern and Interest

  • Community Partner Perspective

Find our Bill Tracking Chart here!

Past Meetings

Agenda

October 27, 2017​

 

11:00 Welcome and Introductions

We’ll go around the room for intros. We’ll also remember public benefits advocate extraordinaire Daniel Curry.
 

11:05 SNAP to It

Key DCBS officials have accepted our invitation to brief us on SNAP changes with a focus on work requirements—and exemptions—for “Able Bodied Adults without Dependents.” Topics include covered counties, exemptions, notices and interaction with potential Medicaid work requirements, followed by Q and A. Our speakers:

  • Deputy Commissioner Joe Hamilton

  • Kentucky Health Sr. Project Manager Kristi Putnam

  • Todd Trapp, Assistant Director of the DCBS Division of Family


Resources

 

11:50 Open Enrollment

What does DQHPMCO spell? Part D, QHPs and a chance to change Medicaid MCOs. It’s all happening at once. KEJC’s Miranda Brown will fill us in.
 

12:00 Working Lunch

 

12:15 What’s Going On? Marvin Gaye asked the right question.

To answer, we’ll do a round-up of 5 to 10 minute reports:

  • ACA Update: Did Jimmy Kimmel win the battle? What about the war? KEJC’s Cara Stewart reports in on the status of ACA repeal and, sad to say, "sabotage."

  • 1115 waiver: KEJC’s Anne Marie Regan offers an update on Governor Bevin’s proposal to change Medicaid. It’s a plan that’s drawn national attention.

  • Home and Community Based Services (HCBS) I: LABG’s Stephanie Langguth fills us in on new rules for paying relatives to provide care (or not).

  • HCBS II: Focus groups around the state in September and October were just part of an “assessment” process managed by Navigant Consulting. Stephanie?

  • Medicaid passive renewal: It sounds easy, but RFI’s may bring age old confusion plus time pressure. Stephanie gives us a quick read.

  • Medicare Savings Plans: when things go off the rails, they don’t come back on quickly.


Resources: See the following materials here:

  • "Medicaid Renewals: What Your Family Needs to Know"

  • Changes to Medicaid Applications and Recertifications

  • NHeLP Q&A on Relatives as Paid Providers

  • Application for 1915(c) Home and Community-Based Services Waiver

  • CMS materials on Provision of Personal Care or Similar Services by Legally Responsible Individuals

 

1:00 Social Security Disability Changes Rules

The special weight given to opinions of treating physicians is a thing of the past. Sadly, there’s more. LABG’s Brian Dufresne presents key takeaways from a recent day-long training.
 

1:20 Training Needs

The programs, they are a changing. We’ve invited Access to Justice Foundation’s Nan Hanley to gather ideas for training so we’re ahead of the game.
 

1:30 Break

 

1:45 Special and Regular (but not Jeff) Sessions

Tyler Offerman from Kentuckians for the Commonwealth and KEJC’s Rich Seckel will brief us on opportunity and jeopardy on three fronts:

  • Tax reform: Will a shift from income tax to “consumption-based” taxes hit low-income and working families in the pocket book? Is there a better way? KFTC began as the Kentucky Fair Tax Coaltion. Tyler shares the group's analysis and concerns.

  • Pension funding: Workers paid along the way. Government didn’t, especially in KERS. We’ll get Tyler's update on the debate and a critique of some of the solutions to the pension crisis. See PowerPoint presentation.

  • HOPE Act: Is it more “regulating the poor,” through reporting, asset tests and penalties? Rich describes a 2017 state House Resolution that encourages the Cabinet for Health and Family Services to act.

 

2:30 Adjourn

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