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Minutes for HB2663 - Committee on Health and Human Services
Short Title
Enacting the KanCare/Medicaid ombudsman act.
Minutes Content for Tue, Mar 6, 2018
The Chairperson opened the hearing on HB2663.
Norm Furse, Revisor Emeritus, Office of the Revisor of Statutes presented the bill brief, and stated this bill concerns the KanCare/Medicaid Ombudsman, and if enacted, would establish this as a statutory position, and transfers the location of the office of the Ombudsman from the Department for Aging and Disability Services to the Department of Administration as a totally independent agency (Attachment 1).
Proponent:
Kerrie Bacon, Ombudsman, KanCare, said this bill provides for changes to the KanCare Ombudsman's office and reflects the input from KanCare stakeholders which include KanCare members, community-based organizations, legislators and the Center for Medicare and Medicaid Services. She explained that the KanCare Ombudsman works with all KanCare beneficiaries and enrollees (approximately 420,000) which may include people from nursing facilities; however, these only regard KanCare/Medicaid. She said the Long-Term Care Ombudsman assists individuals residing in nursing facilities that have more administrative concerns and need help resolving those concerns with the facilities and their representatives. She further stated that the KanCare Ombudsman may refer people to the Long-Term Care Ombudsman's office and they, in turn, refer people with Medicaid issues to KanCare office. She explained her budget for the next two years if this bill is enacted, and said the decision in the forefront regarding this bill is two-fold (Attachment 2):
- Whether it makes sense for the beneficiaries and their families to have a more independent KanCare Ombudsman;
- Providing timely assistance for those contacting the KanCare/Medicaid Ombudsman's office now and in the future.
Cody Gwaltney, Legislative Director, Kansas Department for Aging and Disability Service supports the changes to the KanCare/Medicaid Ombudsman program in this bill. He said this bill would fund the Ombudsman's office for five full time staff which would address the concerns for staffing coverage. He feels the two-additional staff would also increase capability to address the grievance, appeal and hearing processes. He stated the Kansas Department for Aging and Disability Services would cover the costs of the current staff; however, would no longer cover the operational costs of the Ombudsman' s office. He said the Kansas Department for Aging and Disability Services would no longer have any authority over the Ombudsman's employees or volunteers, and in the future, the Ombudsman would be appointed by the Governor (Attachment 3).
Mike Burgess, Director, Policy and Outreach, Disability Rights Center of Kansas, reported his organization supports moving the KanCare Ombudsman program to operate as separate state agency similar to the Long-Term Care Ombudsman which would provide the office some insulation from political pressure, except every four years when their term expires, and it also makes sense for beneficiaries and families to have a more independent KanCare Ombudsman to provide timely assistance for those contacting the Ombudsman's office (Attachment 4).
Opponent: None
Neutral:
Sean Gatewood, Co-Administrator, KanCare Advocates Network said that while HB2663 attempts to put a statutory framework around the KanCare Ombudsman, it does little to improve the program's ability to advocate on an individual consumers' behalf. He said other concerns were: 1) the program being inside of state government; 2) lacks ability to provide legally-based advocacy on behalf of consumer; and 3) does not address best practices regarding standards and structures that are necessary for an effective Ombudsman office.(Attachment 5).
Proponent written:
The following conferees submitted written testimony in support of HB2663:
Martha Gabehart, Executive Director, Kansas Commission on Disability Concerns (KCDC) (Attachment 6);
Jon Hamdorf, Medicaid Director, Health Care Finance, Kansas Department of Health and Environment (Attachment 7).
Opponent and Neutral written:
There was no written testimony submitted that was in opposition or neutral to this bill.
After a short question and answer session, the Chairperson closed the hearing on HB2663.
