LYON COUNTY – A Kansas man was injured in an accident just after 9am on Tuesday in Lyon County.
The Kansas Highway Patrol reported a 2007 International Dumptruck driven by Kevin Ryan Turner, 31, Humbolt, was south bound on Kansas 99 just south of 30th Road.
The dumptruck left the road to the right, entered the west ditch, overturned.
Turner was transported to Newman Hospital. He was not wearing a seatbelt, according to the KHP.
TEHRAN, Iran (AP) — Iran says it won’t give visas to three U.S. congressmen opposed to its recent nuclear deal with world powers.
The Foreign Ministry issued a statement late Tuesday saying it refused to issue visas to Reps. Frank LoBiondo, R-New Jersey; Mike Pompeo, R-Kansas; and Lee Zeldin, R-New York. It said the three wanted to monitor the nuclear agreement.
The ministry said in a statement that it refused the request over “the completely inappropriate way you have demanded to visit Iran and interfere in what is of no relevance to (your) official functions.'”
In a statement, LoBiondo said it was “deeply disappointing, though not surprising” that Iran denied “our legitimate request with insults and deflections.” The other two congressmen did not immediately respond to requests for comment.
TOPEKA, Kan. (AP) — Gov. Sam Brownback is calling the Kansas Legislature into special session to deal with education funding issues.
The Republican governor said Tuesday that he would call a special session but hasn’t set a date.
Brownback said in a statement that he is calling the session to “keep Kansas schools open” in response to a state Supreme Court order last month.
The court rejected some changes in school finance laws made by Republican lawmakers earlier this year to improve funding for poor districts.
The justices said poor schools still wouldn’t get their fair share of the state’s more than $4 billion in annual aid to its 286 districts.
The court warned that schools won’t be able to open after June 30 if lawmakers don’t approve further fixes.
HUTCHINSON – Officials are investigating the cause of a fire at the Hutchinson Correctional Facility.
Just before 6:30 a.m. on Tuesday, a fire was reported at the Hutchinson Correctional Facility – Central Unit, according to a media release.
The fire occurred in a single-man cell in A3 Cell House, which houses special management inmates.
The fire was extinguished by staff at the facility that has been trained to handle these types of emergencies.
The Hutchinson Fire Department was notified and they responded to the facility. One inmate was transported by EMS to a Wichita area hospital for further treatment.
There were no staff injuries. The facility has resumed normal operations.
No other information was released.
By ANDY MARSO
Organizations that provide support services to Kansans with disabilities are anxious to see how the state will implement payment changes they fear will hamstring their operations.
The changes are part of cuts Gov. Sam Brownback announced after the Legislature approved a budget that didn’t balance.
Brownback’s administration projected about $2.6 million in savings from Medicaid reimbursement changes that affect providers of home and community-based services, or HCBS, which are intended to allow people with disabilities an alternative to institutional settings.
Cliff Sperry, vice president for CLASS Ltd., an organization in southeast Kansas for people with developmental disabilities, said he needs more information about how state is going to achieve those savings. “Until they tell us what they’re really talking about, we don’t really know how to even figure an impact,” Sperry said.
The money in question comes from changes to how the Kansas Department for Aging and Disability Services enforces two policies: one governing “capable person” reimbursements and the other residential pay.
Angela de Rocha, a KDADS spokeswoman, said the first is a federal regulation that prohibits reimbursement for support services when a person with a disability lives with a non-disabled person who can perform the same task.
For instance, de Rocha said, if non-disabled people are making themselves dinner they also can make it for the people with disabilities who live with them, rather than the state paying them or someone else to do so.
De Rocha said the state expects to save $1.32 million through stricter enforcement of the policy, but she emphasized it would apply only to routine daily tasks for Kansans with disabilities.
“It has nothing to do with their personal care, like their medical treatment,” or nighttime sleep support, de Rocha said. Sperry said he wants to know more about how KDADS enforcement of the policy will change, including how the agency will define “capable person.” “You’ve got family members that, they need some assistance,” Sperry said.
Residential policy change
While the capable person change is stricter enforcement of an existing policy, de Rocha said the residential pay change is an alteration of the policy itself.
KDADS will give providers a per diem reimbursement only when they’re rendering services and not when they’re on call to assist if needed. De Rocha said the agency currently pays for someone to be on call at all times. “The change is going to be that we’re only going to pay for those services if the services are actually delivered,” she said. “We’re no longer going to pay for services that aren’t delivered.”
De Rocha said the change, expected to save the state another $1.32 million, should not reduce organizations’ capacity to serve clients with disabilities.
But Sharon Spratt, CEO of Cottonwood Inc. in Lawrence, said she fears that it could. Spratt’s organization serves Kansans with intellectual and developmental disabilities in Douglas and Jefferson counties. She said the residential pay change could mean her organization won’t be able to continue having staff available 24 hours a day, seven days a week to help clients when they get in a jam.
“They’re at greater risk of abuse, neglect and exploitation,” Spratt said, “to be taken advantage of in different ways, to not have assistance when there’s an emergency, not have assistance if they happen to get involved with the law.”
Spratt said she didn’t want to overreact to the policy changes, but a dearth of details is causing some concern. “We’ve not had a discussion with KDADS,” Spratt said. “So we really don’t know for sure what their plans are or how they’re going to determine how they’re going to pay under this policy.”
Groups taken by surprise
Spratt and Sperry both said their organizations felt misled by Brownback administration statements that the recent budget cuts had “protected” HCBS services by not subjecting them to a 4 percent reimbursement rate cut imposed on other Medicaid providers.
Tim Wood is the executive director of Interhab, a Topeka-based nonprofit that represents service providers for Kansans with developmental and intellectual disabilities. He said that’s a common sentiment among Interhab’s members, given the changes to the capable person and residential pay policies.
“Both of those affect HCBS,” Wood said. “So in one breath they’re saying, ‘We protected you,’ but then they’re going to come around the back door and smack us with this.” Wood said that when federal matching dollars are figured in, the policy changes stand to cost providers about $6 million. Other groups that provide in-home services to elderly Kansas said they were similarly surprised by a $2.1 million cut to the Senior Care Act program.
Janis DeBoer, executive director of the Kansas Association of Area Agencies on Aging and Disabilities, said that represents about 30 percent of the program’s budget, forcing the leaders of her agencies to start a waiting list for services.
DeBoer and Michelle Morgan, director of the Northwest Kansas Area Agency on Aging in Hays, both said the cuts are short-sighted because they will force older Kansans out of their homes earlier. “It seems as though Kansas is creating a roadmap for seniors that leads only to nursing homes,” Morgan said.
Sperry said seeking cost savings in the HCBS program also was likely to lead to more expensive care in institutional settings. “It’s going to happen,” he said. “We’re talking about people with disabilities.”
Andy Marso is a reporter for KHI News Service in Topeka, a partner in the Heartland Health Monitor team. You can reach him on Twitter @andymarso
OTTAWA – Two people were injured in an accident just after 9p.m. on Monday in Ottawa County.
The Kansas Highway Patrol reported a 2015 Mitsubishi Lancer driven by William P. Walton III, 30, St. Louis, was being pursued by troopers westbound on Treaty Road from U.S. 81 nine miles north of Minneapolis.
The driver attempted a right turn, entered the west ditch, and struck a pole.
Passengers in the vehicle Kristen M. Fox, 36, Oak Ridge, TN., and Edward H Anaya, 24, Los Angeles, were transported to Salina Regional Health Center.
Walton III may have been injured. He left the scene of the accident, according to the KHP.
The injured passengers were properly restrained at the time of the accident, according to the KHP.
KANSAS CITY, Kan. (AP) — Planned Parenthood attorneys are asking a federal judge to prevent Kansas from cutting off Medicaid funding for the organization.
U.S. District Judge Julie Robinson was having a hearing Tuesday in a lawsuit filed last month by two Planned Parenthood affiliates against the state health department’s top administrator.
The agency plans to cut off funding July 7.
Robinson will decide whether to block the department’s action while the lawsuit proceeds. Federal courts have blocked attempts to cut off Medicaid funding for Planned Parenthood in other states, including Arkansas, Arizona, Indiana, Louisiana and Utah.
Planned Parenthood attorneys argue Kansas is acting based on its “animus” toward the organization.
The state’s lawyers argue that it would premature for Robinson to act because the health department hasn’t formally cut off Medicaid funding.
HUTCHINSON— A Kansas man bound over for trial in a child sex case for a second time was arraigned Monday in Reno County.
Kenneth Broadfoot, 25, Hutchinson, entered a “not guilty” plea to criminal sodomy involving a 15-year-old girl.
The state alleges that he engaged in sexual activity with the girl back on Sept. 12, 2015. The crime apparently occurred on the Kansas State Fairgrounds. Even though the sexual contact was consensual, under Kansas law, it’s unlawful for him to have any sexual contact with a child that age.
Judge Tim Chambers had ordered a new hearing over controversy surrounding the alleged victim making a video where she stated that nothing happened. She has since admitted what she said on the video was untrue. She admits to being friends with the defendant and didn’t want to get him into trouble.
Broadfoot is free on bond and his case will once again move to a possible trial.
ATCHISON COUNTY – Law enforcement authorities in Atchison County are investigating a shooting in rural Atchison County and have arrested a suspect.
Just after 2:30 a.m. on Sunday, deputies responded to report of a shooting at 3997 206th Road near Valley Falls, according to a media release.
The reporting person had advised that the victim of the gunshot wound had left the scene in a vehicle, according to Sheriff Jack Laurie.
Deputies located the vehicle at Hwy 116 and Cheyenne Road and found 30-year-old Bradley Schlicker with a gunshot wound to his chest.
Lifenet flew Schlicker to Saint Lukes Hospital in Kansas City.
Nicole Fox, 35, was also in the vehicle.
Laurie said Schlicker and Fox had been living in the home where the altercation took place and Fox is the alleged shooter, according to Laurie.
Fox was reported to be cooperative with law enforcement officials and was taken into custody for criminal possession of a firearm by a felon, possession of methamphetamine, and possession of drug paraphernalia. Fox was released to the Atchison County Jail.
Schlicker was listed in serious condition but Laurie said Monday that his condition seems to be improving.
ROXANA HEGEMAN, Associated Press
WICHITA, Kan. (AP) — Documents obtained by The Associated Press show that a deal to keep agribusiness giant Cargill operations in Wichita includes nearly $10 million in tax breaks over a 10-year period from state and local government entities.
The documents, which came from an open records request, show the incentive package includes tax abatements and sales tax exemptions from state, county, city and school district, but no outright cash incentives.
The city agreed to provide industrial revenue bonds to build a facility estimated to cost up to $41.6 million, plus an estimated $6 million more for equipment and machinery.
In return, Cargill commits to staying in Wichita for at least 15 years.
The Minnesota-based company has its beef business, turkey and cooked meat business and processed-protein services in Wichita.
TOPEKA -A Kansas man pleaded guilty Monday to six counts of exporting and attempting to export firearms illegally from the United States to individuals located in other countries, according to Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Tom Beall of the District of Kansas.
Michael Andrew Ryan, 35, of Manhattan, Kansas, pleaded guilty before U.S. District Judge Daniel D. Crabtree of the District of Kansas, who set sentencing for Sept. 12, 2016.
“With a computer and an internet connection, Ryan hosted an international arms trafficking business on the dark web, peddling firearms and ammunition throughout the world,” said Assistant Attorney General Caldwell. “Criminals of all stripes take advantage of technological advances to further their crimes and attempt to avoid identification and arrest. In this case, thanks to the hard work of the prosecutors and law enforcement officers involved, we were able to shut down dangerous criminal activity and secure the defendant’s conviction – but we must remain vigilant to ensure that law enforcement retains the necessary capabilities to keep up with criminals.”
“The fact that international firearms trafficking has reached Kansas shows the power of the internet,” said Acting U.S. Attorney Beall. “This prosecution shows our law enforcement efforts are working.”
In connection with his plea, Ryan admitted that he used a hidden internet marketplace website that sold illegal drugs and other illegal goods to unlawfully export or attempt to export firearms from the United States to Cork, Ireland; Pinner, England; Edinburgh, Scotland; Victoria, Australia; and Mallow, Ireland.
In his plea, he admitted unlawfully exporting or attempting to export to:
Cork:
· a Beretta 9 mm pistol;
· a Taurus .38 Special revolver;
· a 15-round 9 millimeter magazine;
· 32 rounds of 9 mm ammunition;
· one round of .380 ammunition; and
· 41 rounds of .40 caliber ammunition.
Pinner:
· a .22 caliber UZI;
· a .22 caliber magazine for an UZI;
· 98 rounds of .22 caliber ammunition; and
· 89 rounds of .270 long ammunition.
Edinburg:
· a Highpoint .45 caliber pistol;
· a .45 caliber magazine; and
· 19 rounds of .45 caliber ammunition.
Victoria:
· a Walther P22, .22 caliber pistol; and
· a .22 caliber magazine.
Mallow:
· a Glock model 27, .40 caliber pistol;
· a Glock model 22, .40 caliber pistol;
· a 9- round magazine for a .40 caliber Glock;
· a 10-round magazine for a .40 caliber Glock; and
· 10 rounds of 9 mm ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kansas City Field Division investigated the case with assistance from ATF’s Washington, D.C., Division; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Manhattan and Riley County, Kansas, Police Departments. Senior Counsel Marie-Flore Johnson of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Greg Hough of the District of Kansas are prosecuting the case.
TOPEKA – With the receipt in April of the 2016 Master Settlement Agreement annual payment, Kansas has now received more than $1 billion in total tobacco settlement payments, according to Attorney General Derek Schmidt.
Since the first payment was made in 1999, Kansas has received $1,013,566,691.35 from the participating tobacco manufacturers. The settlement payments are intended to offset the costs of tobacco-related illness and disease that are borne by Kansas taxpayers through government-paid medical benefits. The payments are made each year pursuant to a legal settlement that resolved claims made by 46 states, including Kansas, against the tobacco companies in the late 1990s.
“The Master Settlement Agreement has allowed Kansas to recover a significant portion of the cost Kansas taxpayers bear to deal with the health-related costs of tobacco use in our state,” Schmidt said. “These payments offset what otherwise would be a taxpayer subsidy of the tobacco industry.”
Schmidt noted that in order for payments to continue, Kansas must continually meet the obligations it undertook as part of the Master Settlement Agreement. The principal obligation that has been a point of dispute is for the state to “diligently enforce” its tobacco-related statute, including a requirement the state account for all tobacco sales in the state and require tobacco companies that were not part of the MSA to pay funds into escrow accounts that may later be used to offset tobacco-related health care costs borne by state taxpayers.
When Schmidt assumed office in 2011, the tobacco companies had accused many states, including Kansas, of failing to live up to their end of the MSA bargain since 2003 and were demanding repayment of billions of dollars in past payments to the states. If the companies’ claims had succeeded, Kansas could have been required to repay hundreds of millions of dollars previously received.
In 2012, Schmidt and 18 other state attorneys general reached an agreement with the tobacco companies to eliminate that potential liability for the state. Subsequently, five other states joined this settlement. The provisions of that settlement agreement are reflected in a term sheet that has governed annual payments for the past three-and-a-half years. The final details of that settlement agreement are still being worked out among Kansas, the other settling states and the tobacco companies.
To minimize the risk the companies may again accuse the states of failing to live up to their obligations under the MSA, the attorney general’s office has taken several steps:
Worked closely with the Department of Revenue to strengthen enforcement efforts against illicit cigarette sales.
Obtained permission from the Legislature to add an investigator at the attorney general’s office who will focus specifically on non-compliant sales.
Entered into negotiations with the four resident Indian Tribes in Kansas to improve accounting for tobacco sales on tribal lands. Compacts with two of the tribes were approved by the Legislature earlier this year; negotiations with the other two tribes remain ongoing.
Worked closely with the Legislature to strengthen the state’s escrow statutes to improve MSA compliance.
“Protecting these annual payments to the fullest extent possible is a priority for our office,” Schmidt said. “We are determined to continue making these funds available to ease the burden tobacco use can impose on Kansas taxpayers.”
Schmidt noted that because the MSA, which was reached in 1998, is now almost 20 years old, Kansas tobacco payments are expected to naturally decline starting in April 2018. This is because certain provisions of the original MSA were designed to expire after payment year 2017. With those provisions expiring there will be a change in the amount of money Kansas receives each year. Because the state’s annual payment amount is based on numerous variables, it is difficult at this time to predict how much the annual payment will decline, but the attorney general’s office has informed the state’s revenue estimators it could be significant.
The Legislature in 1999 decided most of Kansas’ receipts from the MSA would be used to finance children’s programs in the state.
The annual amounts received by the State of Kansas each year pursuant to the MSA are as follows:
1999: $38.5 million
2000: $47.9 million
2001: $50.6 million
2002: $57.7 million
2003: $48.3 million
2004: $52.4 million
2005: $53.1 million
2006: $48.6 million
2007: $50.6 million
2008: $66.3 million
2009: $72.0 million
2010: $60.4 million
2011: $56.8 million
2012: $57.9 million
2013: $68.1 million
2014: $62.2 million
2015: $62.4 million
2016: $59.1 million
Total: $1.013 billion
KANSAS CITY, Mo. (AP) — Kansas law enforcement agents are seeking an emergency ban on an easy-to-obtain synthetic opioid believed to have contributed to at least two deaths.
The Kansas Bureau of Investigation issued a warning last week about U-47700, which is not illegal in Kansas and can be purchased over the internet. KBI special agent Mark Malick called it an emerging threat that has no accepted medical use.
Johnson County District Attorney Steve Howe says it’s hard to pinpoint the number of deaths because the drug doesn’t immediately show up in post-mortem examinations. Two deaths in his county have been linked to the drug.
Ohio, Wyoming and Georgia have taken steps to ban U-47700, which is eight times more potent than morphine.
Howe says it might take until August to get a temporary ban.
