How to Advocate for Change: Advocacy Toolkit
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Legislative/Policy: Advocating for Change
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Advocacy Initiatives on the Federal level
Advocate for a Solution to America’s Staggering DSP Workforce Crisis.
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KAPP RESOLUTION of 2011
A Resolution recognizing the invaluable role of Direct Support Professionals in the lives of Kentuckians with intellectual and developmental disabilities.
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• State Initiatives (coming soon)
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Please be prepared to call the GOVERNOR to enlist his support of this legislation! History: The Cabinet for Health Services opposed establishment of an adult abuse registry last year due to concerns about the financial impact. Kentucky may have to locate as much as $1 million to fully implement the program. New Facts: The Federal Government (via Centers for Medicare/Medicaid Services - CMS) is offering up to $3 million to states to participate in the National Background Check Program. A very generous list of financing options are available to states including: In-kind contributions, using state staff salaries, private donations, etc. The National Background Check Program would allow Kentucky to check all abuse registries in all states and to access the FBI fingerprint database. This would dramatically improve our capacity to identify workers who have a history of abusing clients with disabilities. YOUR MESSAGE TO OUR GOVERNOR 502-564-2611 OR HTTP://GOVERNOR.KY.GOV/CONTACT.HTM Please encourage the Cabinet to endorse Senate Bill 38 and House Bill 101 Encourage the Cabinet to develop and publicize its plan to fund the Adult Abuse Registry by participating in the National Background Check Program More about HJR 83

KY House Bill from 2010 Regular Session related to raising wages & SCL provider compensation; although this bill did not pass further efforts will be made to reintroduce it in 2011.

(House Bill 193 as amended by Committee Substitute) 2010 Regular Session of KY General Assembly

AN ACT relating to Supports for Community Living, making an appropriation therefor, and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 142.363 is amended to read as follows:

(1) In addition to the tax imposed by KRS 142.307 on intermediate care facility services for the mentally retarded, an additional assessment is hereby imposed at a uniform rate of five and one-half percent (5.5%) on gross revenues received by each provider after July 1, 2004, for the provision of intermediate care facility services for the mentally retarded and the provision of services through, or identical to those provided under, the Supports for Community Living Waiver Program.

(2) All revenues collected pursuant to subsection (1) of this section shall be deposited in the Medical Assistance Revolving Trust Fund (MART) and transferred on a quarterly basis to the Department for Medicaid Services.

(3) The Department for Medicaid Services shall promulgate administrative regulations to ensure that a portion of the revenues generated from the assessment levied under this section and federal matching funds shall be used for rate increases for intermediate care facility services for the mentally retarded and providers of services through, or identical to those provided under, the Supports for Community Living Waiver Program to recognize cost increases including current wage and benefit levels in the industry.

(4) The administrative regulations provided for in subsection (3) of this section shall, at a minimum:
(a) Annually adjust the rate for providers of services through, or identical to those provided under the Supports for Community Living Waiver Program based upon the change in the Annual Consumer Price Index for All Urban Consumers for the Midwest Region as published in April by the United States Department of Labor, Bureau of Labor Statistics; and
(b) Provide for a seven and eight-tenths percent (7.8%) rate increase effective July 1, 2010 for providers of services through, or identical to those provided under, the Supports for Community Living Waiver Program to be used for compensation, including wages and direct benefits, for direct support professionals, for at least the first year of receipt.

(5) The remaining revenue generated from the assessment levied under this section and federal matching funds shall be used to supplement the medical assistance related General Fund appropriations of the Department for Medicaid Services. Notwithstanding KRS 48.500 and 48.600, the MART fund shall be exempt from any state budget reduction acts.

(6)[(5)] On or before the July 1, 2004, the Cabinet for Health and Family Services, Department for Medicaid Services shall submit an application to the Centers for Medicare and Medicaid Services to request a waiver of the uniformity requirement pursuant to 42 C.F.R. sec. 433.68(e)(2).

(7)[(6)] If an application to the Centers for Medicare and Medicaid Services for a waiver of the uniformity requirements is denied, the Department for Medicaid Services may resubmit the application with appropriate changes to receive an approved waiver.

(8)[(7)] The assessment imposed pursuant to this section shall begin on July 1, 2004, but is not due and payable until rates are increased pursuant to this provision.

(9)[(8)] The provisions of this section shall be considered null and void if the uniformity waiver or plan amendment to increase rates is not approved by the Centers for Medicare and Medicaid Services.

âSection 2. Where as there is a growing number of households with aging caregivers providing supports to their adult children with disabilities, the number of direct support professionals has not been keeping pace with the need, and reimbursement rates for supports for community living providers has not kept pace with inflation, an emergency is declared to exist, and this Act takes effect on July 1, 2010.