Kansas Mental
Health Coalition

Sine Die; Veto Messages; Articles of Interest

June 25, 2017 6:46 PM | Amy Campbell (Administrator)

The Legislature returns to Topeka tomorrow for Sine Die, the ceremonial last day of the 2017 Legislative Session. 

This would be the only opportunity for veto override efforts. 

Governor Brownback vetoed Sub for HB 2313 – the lottery vending machine bill that included funding for certified clubhouse programs and crisis stabilization centers.  While the Kansas Mental Health Coalition has no position regarding the authorization of lottery vending machines, the Coalition supports these two important programs that have proven outcomes benefiting people with mental illness and substance abuse issues. 

The lottery vending machines were to be a designated funding source for the Crisis Intervention Act (Sub for H 2053) and the certified clubhouse programs.  The clubhouse programs previously suffered a veto as part of the Medicaid Expansion Act - HB 2044.  The Governor directs the community mental health centers to create a pilot program for clubhouse programs from their resources in his veto message.  Read the Governor’s Veto message.

Language in HB 2002, the budget bill, provided for additional funding for community mental health centers and lapsed a portion if the lottery bill was adopted.

Governor Brownback also vetoed two provisions of the budget bill – both relating to the Kansas Department for Aging and Disability Services.  Details are below.

From the Office of the Governor: 

Governor Sam Brownback signs budget bill, line item vetoes two provisions

Jun 25, 2017

Topeka – Kansas Governor Sam Brownback signed Senate Substitute for House Bill 2002. He issued the following statement:

“This budget, passed on the 113th day of the legislative session, unnecessarily increases government spending in several areas and fails to adopt common sense cost saving measures identified by the legislature’s own efficiency study.  However, I am signing the budget, despite my concerns about excessive spending, to avoid a break in core functions of government and to provide state workers with well-deserved pay increases.”

Pursuant to Article 2, Section 14(b) of the Constitution of the State of Kansas, the Governor returned Senate Substitute for House Bill 2002 with the following line item vetoes:

·         Limitation on the ability of KDADS to best serve vulnerable Kansans

·         Section 174 – Vetoed broad language limiting the ability of KDADS to implement changes, no matter how minor, to some programs and services.   (Section 174 printed below)

·         Redirection of funding for KDADS Clubhouse Model Program Fund

·         Section 99-(q) and Section 100-(o) – Vetoed language establishing a funding receptacle which was made unnecessary by the veto of HB 2313. Governor Brownback has directed KDADS to work with the Community Mental Health Centers to establish a pilot with Clubhouse Model Program providers in fiscal year 2018 in order to expand the scope of this program.  (Vetoed language printed below)

The Governor’s full message to the legislature can be found here.

The Governor has now signed 102 bills into law this session, vetoed four, and allowed one to become law without his signature. By law, the Kansas governor has 10 calendar days to sign the bill into law, veto the bill or allow the bill to become law without his signature.

Here is the budget language that was vetoed -

Section 99(q):  (q) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2018 by this or any other appropriation act of the 2017 or 2018 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2018 to provide medicaid reimbursement for clubhouse rehabilitation services and to enter into contracts with certified clubhouse providers for such services: Provided, That, as used in this subsection, ‘‘clubhouse rehabilitation services’’ means a community-based psychosocial rehabilitation program in which the member, with staff assistance, is engaged in operating all aspects of the clubhouse, including food, clerical, reception, janitorial and other member services such as employment training, housing assistance and educational support, and that is designed to alleviate emotional or behavior problems with the goal of transitioning to a less restrictive level of care, reintegrating the member into the community and increasing social connectedness beyond a clinical or employment setting

Section 100(o): (o) In addition to the other purposes for which expenditures may be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2019 by this or any other appropriation act of the 2017, 2018 or 2019 regular session of the legislature, expenditures shall be made by the above agency from moneys appropriated from the state general fund or from any special revenue fund or funds for fiscal year 2019 to provide medicaid reimbursement for clubhouse rehabilitation services and to enter into contracts with certified clubhouse providers for such services: Provided, That, as used in this subsection, ‘‘clubhouse rehabilitation services’’ means a community-based psychosocial rehabilitation program in which the member, with staff assistance, is engaged in operating all aspects of the clubhouse, including food, clerical, reception, janitorial and other member services such as employment training, housing assistance and educational support, and that is designed to alleviate emotional or behavior problems with the goal of transitioning to a less restrictive level of care, reintegrating the member into the community and in

Section 174:  Sec. 174. (a) During fiscal year 2018 and fiscal year 2019, notwithstanding any other provision of law, no state agency shall expend any moneys appropriated for fiscal year 2018 or fiscal year 2019 from the state general fund or from any special revenue fund or funds by this or any other appropriation act of the 2017, 2018 or 2019 regular session of the legislature to integrate, consolidate or otherwise alter the structure of any of the following home and community based waiver services under the Kansas program of medical assistance, or to submit to the federal centers for medicare and medicaid services any proposal to integrate, consolidate or otherwise alter the structure of such services or to combine, reassign or otherwise alter currently designated responsibilities to provide intake, assessment or referral services for such services, if such integration, consolidation, alterations, combination or reassignment is designed or intended to be implemented prior to fiscal year 2020: Medical services; behavioral health services; transportation; nursing facilities; other longterm care; autism; frail elderly; technology assistance; physical disability; traumatic brain injury; intellectual/developmental disability; or serious emotional disturbance: Provided, That the department of health and environment and the Kansas department for aging and disability services shall prepare and submit reports to the house standing committee on appropriations, the senate standing committee on ways and means and the Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight describing the status of any plan to integrate, consolidate or alter such waiver services or combine, reassign or otherwise alter currently designated responsibilities to provide intake, assessment or referral services for such services, including any proposed waiver applications or amendments, any service definitions and the proposed rate structure for each such service: Provided further, That the department of health and environment and the Kansas department for aging and disability services shall submit such reports on or before January 1, 2018, and March 1, 2018.

Articles of Interest

Kansas Lawmakers Boost Some Spending for Mental Health System – kcur.org

http://kcur.org/post/kansas-lawmakers-boost-some-spending-mental-health-system#stream/0 

New Problems Same Result: Federal Payments Still Halted for Osawatomie State Hospital – kcur.org

http://kcur.org/post/new-problems-same-result-federal-payments-still-halted-osawatomie-state-hospital

Editorial: It’s Time to Think About Replacing Osawatomie State Hospital

http://www.kansascity.com/opinion/editorials/article157965149.html

(c) Kansas Mental Health Coalition, P.O. Box 4103, Topeka, KS  66604-0103         785-969-1617

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