TOPEKA (AP) — A judge has ordered Kansas to pay $48 million to settle a long-running legal fight with former pizza magnate Gene Bicknell.
Bicknell once owned the most Pizza Hut franchises in the nation. His legal fight with Kansas centered on whether the Pittsburg native lived in Kansas or in Florida when he sold his company, NPC International, in 2006.
Kansas’ revenue department issued a $42.5 million income tax assessment against him, saying he lived in the state. Bicknell paid the assessment, but he argued his official home was in Florida and sued the state of Kansas.
On Tuesday, District Court Senior Judge Richard Smith ordered Kansas to return $48 million to Bicknell.
A spokeswoman for Kansas Gov. Laura Kelly says her administration is reviewing the decision.
Patients reap many benefits from staying close to home to receive medical services.
Yet, some Ellis County patients still travel outside of the county to receive medical treatment.
Hospital officials spoke to Hays Post about the factors that might lead to patients leaving home for treatment and what local providers are doing to try to change perceptions that care is better elsewhere.
HaysMed market share in Ellis County is 80 percent to 85 percent, which is good, according to Ed Herrman, HaysMed CEO.
Herrman
For the hospital’s primary service area, the market share is about 77 percent. This includes Ellis, Russell, Rooks, Rush and Trego counties. The hospital also has a secondary market that extends about 75 miles from Hays and a tertiary market that encompasses most of northwest Kansas and some of southwest Kansas.
Herrman said some patients think they will receive better care in a metro area, but bigger is not always better.
“The care is not better,” he said. “Actually in many cases, from quality outcomes, the care is not as good as we are here. In Leapfrog, we are rated an A. We are rated as high as you can be rated on quality of care in our industry. There are many of those facilities that people are going to in Wichita or another metropolitan area that are not As on Leapfrog’s grading scale.
“That is our focus — quality and the patient.”
Issued twice per year, the Leapfrog Hospital Safety Grade empowers regular people to find a safer hospital in their community by using a A, B, C, D, F grading system.
The hospital has some of the best outcomes in the state on hip and knee surgeries, Herrman said. In orthopedics, HaysMed has a Durable Medical Equipment Accreditation and the DNV-GL Healthcare Hip and Knee Replacement Certification for Center of Excellence. It was the first in the state to obtain this certification. HaysMed also is certified in managing infection risk.
Staying at home for medical care can be better for your health, Herrman said.
“You’re close to home. Any time you don’t have to add the stressors of travel. … If you are going to have surgery, we are always going to hope the outcome is textbook and is just as they said it was going to be, but sometimes it is not that way because other things happen. We have patients and families who find themselves thinking they are going for a routine procedure who are now spending the next three or four days in a city they didn’t plan on staying in,” he said.
Staying close to home also means you are closer to care if you have a complication after a procedure.
“They are typically either in an emergency or some type of crisis, and our surgeons are not the ones who have dealt with the procedure to begin with. That always makes it a little more difficult,” Herrman said.
Staying locally also supports the local facility, he said.
“We always want to give people access to as much as possible, so they don’t have to travel, but when they are not utilizing the resources that are right here for them, it makes it much more difficult to provide all those resources in the future,” he said.
HaysMed has an especially strong oncology department, Herrman said. HaysMed follows the same protocols as the University of Kansas Medical Center and, in some instances, the Mayo Clinic.
“That is not a process of healing that you want try to have to do on the road,” he said. “It is very taxing and it is difficult and painful for those patients who are going through cancer treatment and radiation treatment.”
Herrman said the quickest way for local residents to get the care they need is to come to HaysMed.
“Because if our physicians diagnosis you with something that is not in their practice — it is not something that they do — they still already know the guys and the gals who are out there that do that speciality,” he said. “If we can’t take care of it here, we know who can, and we will set it up for you and make it easy and seamless.”
HaysMed has the advantage of being connected to the University of Kansas Medical System, which allows it to bring in more specialists and connect with specialists in the system in other parts of the state. HaysMed has been affiliated with the University of Kansas system for two years. The hospital still has its own board and manages its own strategic plan.
HaysMed is using its affiliation with the health system to increase access to specialists through telemedicine. Some of these specialties will include psychiatric and neurological evaluations, as well as oncology.
“The University of Kansas Health System is known for its oncology program,” Herrman said. “It is state of the art. It competes with the best in the nation. It gives the opportunity to get those super sub-specialists. They do things that no one else in the state or region does. It gives the ability to hopefully have access to those individuals, so people from western Kansas don’t have to drive to Kansas City to necessarily get that care or second opinion. If they don’t want to do that travel, we can set it up to do it here.”
When Colby lost its oncologist, HaysMed took over the program.
Telemedicine provides access to a limited resources. Medical schools can’t graduate doctors fast enough to replace the Baby Boomer physicians who are retiring in some specialties, Herrman said.
HaysMed was without an ENT for two years, but the University of Kansas Health System helped HaysMed secure a ENT who is at the hospital three out of four weeks a month and an advanced practice provider who works in Hays five days a week. Before that clinic was offered in Hays, patients from northwest Kansas would have had to travel to Salina or Hutchinson for treatment.
Telemedicine also helps manage a finite resources. If a specialist doesn’t have to drive or fly to a remote location, they can spend more time seeing patients.
Herrman said he saw telemedicine expanding with advances in technology.
Twelve-lead ECGs to monitor the heart and an otoscope, which is used to look into your ears, can already be hooked up to smart phones. He said he sees a time in the future when families will have some of theses devices at home so they can have telemedicine visits with doctors after hours.
Despite the use of telemedicine, Herrman said the hospital would still like to sign a contract with a neurologist and rheumatologist. There is only one neurologist in all of western Kansas.
Herrman said the hospital is constantly in the recruiting process. Recruiters follow students from pre-med all the way through their residencies.
“We are making sure that we are trying to connect with them early to get them to come back to western Kansas,” he said.
Rural Kansas has assets such as good schools, opportunities to connect in the community and a work/life balance. Yet, Herrman said living and working in western Kansas is not for everyone. The hospital tries to work with physicians and their spouses to make sure Hays is the right fit for their families.
The hospital is also unwilling to compromise on quality candidates, Herrman said.
“That’s why it takes us a little more time for some positions because we are not willing to accept someone that is substandard just to have someone,” he said. “We are selling ourselves short if we do that, and we are selling the community short if we do that. We have a wonderful community, and we have a wonderful facility. We know there is always someone looking for what we have to offer.”
Veach
Shae Veach, vice president of regional operations and marketing, said the affiliation with the University of Kansas Medical System is also helping the hospital recruit physicians. He added HaysMed is well below the national turnover rate for physicians.
“I think it is so much more magnified here because of the size of the community and the size of the medical staff,” Veach said. “One physician might leave, and everyone feels it.”
SEDGWICK COUNTY —Law enforcement authorities are investigating a reported aggravated assault with a gun asking the public for help to identify a suspect.
Image courtesy Wichita Police
Just after 2:30p.m. February 14, a suspect approached a man working on a vehicle in his driveway in the 800 Block of North Chautauqua in Wichita, according officer Kevin Wheeler.
The suspect sneaked up from behind and grabbed the victim’s 9mm handgun from the holster on his waist. Security camera images show the suspect point the gun at the victim and telling him to back away.
The suspect ran south through the alley between Chautauqua and Erie and fired a single shot at the victim who chased him. The victim was not injured.
Police searched the area but were unable to locate the suspect who is described as a 17-year-old black male wearing a gray hooded sweatshirt and black sweat pants.
Anyone with information on the case is asked to call police.
Henrietta June (Tien) Van Kooten was born April 22, 1928, the daughter of Garrit and Gradda (Veldhuizen) Tien on the family farm near Prairie View, KS.
She entered the kingdom of Heaven on Wednesday, March 6, at the Kearney Regional Medical Center, Kearney, NE, at the age of 90.
Services are pending with Olliff-Boeve Memorial Chapel.
HARVEY COUNTY — Authorities were busy Wednesday morning working to determine the cause of a fire that destroyed a building that housed two businesses in Hesston
Crews on the scene of Tuesday’s fire in Hesston -photo courtesy Harvey Co. Emergency Management
Just after 1:40p.m. Tuesday, fire crews responded to the fire in the 500 Block of North Lancaster in Hesston, according to Hesston Fire Chief Russ Buller.
First arriving crews found heavy smoke and fire on the west side of the building that houses Dreier Landscape. The east side is home to Paul’s Incorporated, a plumbing business, according to Buller.
Fire crews could not gain entry to the building initially due to a partial roof collapse and later a wall collapse. Crews had to fight the fire from the exterior and finally brought the blaze under control about 5p.m.
Fire crews remained on the scene through the night. Authorities were conducting interviews Wednesday morning to determine the possible cause. There were no injuries, according to Buller.
Newton and Moundridge fire departments assisted as well as the Hesston Police Department and Harvey County Sheriff’s Office.
INDIANAPOLIS — The National Federation of High School Associations announced on Tuesday that Kansan Ginny Honomichl will be inducted into the NFHS Hall of Fame. The longtime teacher and coach in the Sunflower State will join 11 others this summer in Indianapolis for the induction ceremony.
Honomichl was a teacher and coach at two Kansas high schools for 38 years (1970- 2008), but that’s only a portion of her achievements and contributions. Beyond her 16 years at Russell High School and 22 years at Baldwin City High School as a teacher and multi-sport coach, Honomichl was a trailblazer, role model, mentor and adviser at the local, state and national levels. She was the first female president of the Kansas Coaches Association and the first female president of the NFHS Coaches Association Board of Directors.
She was the first classroom teacher or coach to serve on the Kansas State High School Activities Association Executive Board (1994-98), and she is in her sixth year (first female) as the executive director of the Kansas Coaches Association. Honomichl served on numerous KSHSAA and NFHS committees, and she hosted numerous KSHSAA state tennis tournaments.
“Ginny is a gifted leader and has helped make Kansas interscholastic activities more significant for our stakeholders. With students, coaches, administrators and school communities it has been broad and deep, and she is certainly a worthy selection into the prestigious NFHS Hall of Fame. We are proud of Ginny, and grateful for her faithful service,” said Bill Faflick, KSHSAA Executive Director.
Ginny was inducted into the KSHSAA Hall of Fame in 2012. In addition to her work with KCA, Ginny served nationally on the NFICA board as the Section 5 representative, holding numerous leadership positions. She served on the Coaches Education Review Committee for nine years (chairperson three years) and also on the Sportsmanship, Ethics & Integrity Committee. She served two terms on the KSHSAA Board of Directors and was a member of the Executive Board for four years and was on the Summer Coaching Study Committee.
Among her numerous honors: Kansas and Class 4A Coach of the Year (boys and girls tennis and softball), NFICA Kansas Softball Coach of the Year and Section 5 NFICA Distinguished Service Award. She was selected as one of three honorees nationwide for the Disney Channel “American Teacher Award.”
Honomichl becomes the 11th Kansan to be inducted to the NFHS Hall of Fame: Walt Shublom (Coach—1982), Jim Ryun (Athlete—1983), Ralph Miller (Athlete—1989), Lynette Woodard (Athlete—1989), Nolan Cromwell (Athlete—1991), Brice Durbin (National Administrator—1993), Nelson Hartman (State Administrator—1998), Susan True (National Administrator— 2003), Joan Wells (Coach—2007), and most recently Jackie Stiles (Athlete—2015).
Five athletes and three coaches, along with one contest official, two state association administrator and one state contributor, will be inducted into the National Federation of State High School Associations (NFHS) National High School Hall of Fame June 30 at the JW Marriott Indianapolis in Indianapolis. The 37th Hall of Fame Induction Ceremony will be a part of the 100th annual NFHS Summer Meeting.
CHESAPEAKE, Va. (AP) — Dollar Tree is closing up to 390 Family Dollar stores this year and rebranding about 200 others under the Dollar Tree name.
The company closed 84 Family Dollar stores in the fourth quarter, 37 more than originally planned. The company has said that it will renovate at least 1,000 stores this year.
The nearest Family Dollar store is in Great Bend. A Dollar Tree opened at Big Creek Crossing in Hays in August. A list of store closures has yet to be released.
Dollar Tree Inc., based in Chesapeake, Virginia, acquired Family Dollar in 2015 for almost $9 billion.
The company said Wednesday that it’s seeking rent concessions from landlords at the 84 stores closed late last year and if it doesn’t get them, it’ll speed up the pace of store closings to as many as 390 locations. Dollar Tree closes about 75 stores annually.
The company had 15,237 stores in 48 states and five Canadian provinces as of Feb. 2.
OVERLAND PARK, Kan. (AP) — A civil rights group says it has struck a settlement deal with the Shawnee Mission School District in a federal lawsuit alleging violations of the free speech and press rights of students.
The American Civil Liberties Union of Kansas announced Tuesday in a news release that the school district will adopt new policies to ensure future students will not have their free speech rights violated at school.
Shawnee Mission North junior Grace Altenhofen says she saw an associate principal take a camera from a student’s hand at their walkout. Altenhofen and others are at the center of an ACLU lawsuit against the district. photo by ANDREA TUDHOPE
It says the parties have agreed not to release settlement details until after the court approves it.
The legal dispute stems from a nationwide walkout last year protesting gun violence. The lawsuit accuses the school district of suppressing students’ political speech.
It alleged administrators ended student anti-gun violence rallies, confiscated the cameras of student journalists covering it, and punished some participating students.
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ByANDREA TUDHOPE
The American Civil Liberties Union of Kansas is suing the Shawnee Mission School District for allegedly violating students’ free speech rights.
Students complained in April after administrators in several schools allegedly censored students during the nationwide walkouts protesting gun violence. Among other incidents, students said a Hocker Grove principal pushed a student for mentioning school shootings in a speech and an administrator at Shawnee Mission North confiscated a student journalist’s camera.
At a SMSD board meeting in May, interim Superintendent Kenny Southwick provided an update on his investigation into the matter. He said he’d been conducting one-on-one interviews with students and parents and promised to bring First Amendment training to the summer administrator retreat.
“Our understanding was that their investigation would lead to a corrective action plan, an acknowledgement that rights were violated, and, if appropriate, discipline for certain staff and employees,” said Lauren Bonds, legal director for the ACLU of Kansas.
Bonds said what happened instead is concerning. According to her clients, she said Southwick has used one-on-one meetings to “retroactively justify some of the actions and conduct at the walkout.”
Furthermore, Bonds said, Southwick has allegedly taken a position on behalf of the district that students’ rights under the First Amendment and the Kansas Student Publications Act were not violated.
“I don’t see a lot of value in administrator training if they’re going to say everything they did was in accord with the constitution,” Bonds said.
Bonds said she’s not surprised by how the matter has been handled.
“We have raised a number of First Amendment concerns — whether on behalf of employees, parents — with the district that have been largely ignored or dismissed,” Bonds told KCUR.
The lawsuit filed Thursday aims to ensure that in the future, students will be allowed their rights to free speech and free press without risk of retaliation or discipline. It also seeks money damages from the district.
In a written statement, district spokesperson Shawna Samuel said though the district cannot comment on pending legal matters, SMSD “has been and continues to be in communication with the ACLU, who is representing the three students, about its concerns regarding student speech.” And, that it has “successfully resolved most parent and student concerns.”
Andrea Tudhope is a reporter for KCUR in conjunction with the Kansas News Service. Follow her on Twitter @_tudhope.
Rose Ann Giebler, 88, Hays, died Tuesday, March 5, 2019 at Via Christi Village in Hays.
She was born February 25, 1931 in Antonino, Kansas one of 17 children to Mike and Mary (Stecklein) Befort. On May 16, 1953 she was united in marriage to Charles V. “Chuck” Giebler in Hays and they celebrated their 65th wedding anniversary last year. She was a homemaker and co-owner of two businesses with her husband, Centennial Carpets and the Putt-Putt Golf Course. She was a member of the St. Nicholas of Myra Catholic Church and was a past member of the American Legion Auxiliary. She enjoyed Easter egg hunts with her grandchildren, working Saturday nights at the Putt-Putt golf course with her husband, and sewing wedding dresses for family and friends. She loved gardening, yard work, and traveling with her husband.
Survivors include her husband; Charles V. “Chuck” Giebler of Hays, two sons; Charles Giebler and wife Carla of Hays, and Kevin Giebler and wife Sue Ann of Dallas, Texas, a daughter; Wanda Rohr and husband Mike of Hays, a brother; Jim Befort and wife Esther of Broomfield, Colorado, a sister; Dorothy Gottschalk of Hays, five grandchildren; Christa Weigel and fiancé Josh Beiker, Jason Dreiling and wife Christina, Curtis Giebler and wife Natasha, Alex Giebler, and Kate Giebler, two great-grandchildren; Harper and Avery Dreiling, and numerous nieces and nephews.
She was preceded in death by her parents, by brothers; Albinus, Robert, Bill, Ralph, George, Adam, Harry, and Mike Befort, and by sisters; Sister Firmina Befort, Ida Gross, Esther Riedel, Mary Leiker, Helen Weaver, and Oliva Legleiter.
Mass of Christian Burial will be at 10:00 am on Friday, March 8, 2019 at St. Nicholas of Myra Catholic Church, Hays, with Fr. Jarett Konrade officiating. Burial will follow in the St. Joseph Cemetery. Visitation will be from 4:00 pm until 8:00 on Thursday and from 9:00 am until 9:45 on Friday, all at the Hays Memorial Chapel Funeral Home, 1906 Pine Street, Hays. A vigil service and rosary will be at 6:30 pm on Thursday at the funeral home.
Memorials are suggested to St. Nicholas of Myra Catholic Church or to St. John’s Chapel at Via Christi Village, in care of the funeral home. Condolences and memories of Rose Ann may be left for the family at www.haysmemorial.com
Ronald Gene King, age 77, of Ellis, Kansas died Saturday, March 2, 2019, at Hays Medical Center, Hays, Kansas. He was born January 10, 1942, in Hays, Kansas to Clarence and Edna (Armbruster) King. He married Marilyn L. Schoenberger on November 30, 1963, in Ellis, Kansas. She preceded him in death on December 6, 2010.
Ronald was a lifelong farmer and rancher. He also worked as an automotive mechanic, custom harvester, and builder. He enjoyed racing, hunting, and fishing.
Ronald is survived by a daughter, Brenda Waring and husband Steve of Hays; a son, Rodney King and wife Colleen of Ellis; sister, Roxanne Trimbath of Hemmet, California; four grandchildren, Zach and Rhian Patterson of Hays, Robbie King, Kaylee Kingsley and husband Brandon as well as a great-grandson Brenton Kingsley all of Ellis.
He was preceded in death by his parents and brother-in-law Paul Trimbath.
A celebration of Ron’s life will start at 7 PM Saturday March 9, 2019 at the Hays VFW 2106 vine street with dinner at 7:30.
Memorials are suggested to the family and will be designated at a later date. Please make any donations in Ron’s memory payable to Rodney King. Arrangements in care of Keithley Funeral Chapel 400 E. 17th Ellis, KS 67637.
Condolences may be left by guest book at www.keithleyfuneralchapels.com or by email at [email protected]
