TOPEKA, Kan. —
A Cabinet secretary for Gov. Sam Brownback refused to answer questions from legislators about growing waiting lists of Kansans with severe disabilities who are seeking assistance through Medicaid waivers, stunning some members of the panel.
Gary Haulmark, commissioner of community services and programs for the Kansas Department for Aging and Disability Services, told the Legislative Budget Committee Wednesday that his department’s legal counsel advised him not to answer any questions about the waivers because of potential litigation.
The lists have led to a federal civil rights inquiry and could result in the U.S. attorney’s office suing the state.
The number of people with physical, intellectual or developmental disabilities waiting for services has grown from 2,075 to 7,518 since 2008, according to the Legislative Research Department. Medicaid waivers are intended for those who would qualify for institutional care but prefer to stay in their home or community.
Haulmark testified on other matters Wednesday but said he could not discuss the Medicaid waivers.
Sen. John Vratil, R-Leawood, said he was “flabbergasted” by the response.
“I suspect there is a rational reason for that advice, but I just can’t imagine what it is,” said Vratil, an attorney. “So I’d like to hear from (the general counsel).”
Sen. Carolyn McGinn, R-Sedgwick, said this was the first time anyone in Brownback’s administration had declined to answer a committee question on legal grounds.
“It would be nice to know, is this something you can’t talk about for a couple weeks, a couple months or a couple years?” McGinn said, adding that the waivers are “a crucial part of what we do as a legislative body.”
The federal government has been investigating complaints that the state is violating the civil rights of people on the waiting lists, some of whom have been waiting for years. Advocates have filed Olmstead complaints, based on a U.S. Supreme Court ruling that states must provide services to people with disabilities.
Earlier this year, negotiations broke down between the Brownback administration and officials with the U.S. Department of Health and Human Services. HHS forwarded the waiting list complaints to the U.S. Justice Department.
In a letter to the HHS last April, Brownback blamed the waiting lists on the economic downturn and policies of former Gov. Kathleen Sebelius. He said the state has broadened the criteria for crisis-level services to ensure Kansans in need get help.
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