The Kansas Bureau of Investigation is asking for assistance in locating Andrew Drake, a 12-year-old white male. Andrew is believed to be with his non-custodial father, Stephen Drake Jr., a 40-year-old white male, according to a KBI media release.

Stephen is wanted for Aggravated Assault, Aggravated Interference with Parental Custody, and Child Endangerment. Stephen is fleeing from apprehension, has made threatening statements,and is believed to be armed. Information indicates that

Stephen has changed his appearance. Stephen may be driving a silver 2003 GMC Sierra 1500 4×4 Extended Cab truck or a white Ford Crown Victoria / Mercury Grand Marquis.

The GMC Sierra may or may not be displaying the Kansas license: 609GFM. Stephen and Andrew are likely in the greater Lawrence area, but may be traveling elsewhere in the state or enroute to Colorado.

If Andrew, Stephen, or any of the vehicles are seen, please call 911. To provide information, please call 1-800-KS-CRIME, or Lawrence Police Department at 785-331-9870.

By ANDY MARSO

Dave Achey has owned and operated Country Club Estates, an adult care facility in Paola, for 19 years.

For most of that time he has purchased professional liability insurance for medical malpractice claims from a well-known insurer: Lloyd’s of London. But now that his facility is included under the Kansas Health Care Stabilization Fund, the state is telling him Lloyd’s is not an approved carrier and he must buy different insurance that comes with a fund surcharge.

Achey is not happy about it.

“Why do I have to pay into the stabilization fund?” he asked during a phone interview. “I don’t understand it.” The short answer is that the Legislature required it when the House and Senate unanimously passed House Bill 2516 in 2014.

The bill added more than 600 adult care facilities — that provide assisted living and nursing home services — to the fund, which is intended to back up medical providers if a malpractice claim exceeds their primary insurance coverage.

It took effect Jan. 1, and 10 months later nearly all the facilities have purchased primary coverage from a fund-approved carrier and paid the surcharge on the coverage that provides the fund’s cash flow.

Achey’s facility is one of four that had not, as of this week, reported enrollment in a compliant plan to the fund. Insurers have 30 days from the date of purchase to report it. The others are Westview of Derby, Golden Years Senior Care Center in Hutchinson and Indian Creek Health Care Center in Overland Park.

All were given an opportunity to comment.

Additional liability protection

The state’s two major advocacy organizations for adult care facilities, LeadingAge Kansas and the Kansas Health Care Association (KHCA), testified in favor of including their members in the fund, saying it would provide them an added layer of protection against liability.

LeadingAge represents nonprofits while KHCA represents for-profits. Of the four holdouts, only Indian Creek Health Care Center belongs to one of the two professional organizations, KHCA. Rachel Monger, director of government affairs for

LeadingAge, said the organization’s 160 members are on board with the change.

“Our transition, I believe, has gone well,” Monger said. “One hundred percent of our members are in the fund now. There hasn’t been anybody resisting that.”

Cindy Luxem, president of the KHCA, said she would seek more information from Indian Creek Health Care Center’s parent company, Sava Senior Care, about why the facility has yet to purchase a fund-compliant plan.

“I wish every home had their compliance in order, but from what I have heard as I’ve spoken with members, this has been a very difficult thing to get accomplished,” Luxem said. “I guess I’m not surprised there’s still a few out there who have not gotten their coverage.”

Chip Wheelen, executive director of the Health Care Stabilization Fund, said he suspected some facilities would be slow to comply when the Legislature added them to the fund in 2014. The Legislature, at his suggestion, gave the homes six additional months after the bill became law.

In the meantime, Wheelen said he and legal counsel Rita Noll “put a lot of miles on state cars” traveling to various meetings with facility administrators about the new requirements. The fund also sent a letter in April to administators of 96 facilities that were non-compliant at that time.

They also relied on LeadingAge and the KHCA to spread the word to their members. But not everyone belongs to one of the professional organizations, Wheelen said, and he believes some facilities did not get the message.

Achey would be one of those. “They said they warned us about this. But unless you read some articles about it or investigate certain websites, how would you know?” he said.

Navigating regulatory changes

Achey said the transition came at an inopportune time, given that he was already dealing with new administrative hurdles connected to the state’s switch to managed care Medicaid, or KanCare, in 2013.

He said he considers taking residents on Medicaid part of his service to the community of Paola but spends far more of his time trying to get reimbursed since the state contracted with three private managed care organizations to run Medicaid.

“I swear to you every day I’m messing with the MCOs trying to get paid,” Achey said.

Monger, who tracks new laws and regulations and communicates them to LeadingAge members, said she can sympathize. The scope of recent regulatory changes at the state and federal level has made it hard for facilities to stay on top of everything, she said, especially if they don’t belong to a professional organization like hers.

“It’s much tougher if you’re going it alone,” Monger said.

Earlier this year, Wheelen brought a list of 16 facilities not in compliance to the fund’s board of governors. They approved a letter Wheelen sent to the Kansas Department for Aging and Disability Services, which holds the facilities’ licenses to operate.

“The law says I have a statutory duty to report noncompliance to the licensing agency,” he said.

After KDADS got involved, Wheelen said most of the facilities quickly got into compliance, some even going so far as to purchase qualified coverage that was retroactive to Jan. 1.

For the four that remain non-compliant, Wheelen said legislation is being drafted that would allow KDADS to levy daily fines until they purchase qualifying insurance that includes the stabilization fund surcharge. The fine would be at the discretion of the KDADS secretary.

Seeking financial certainty 

Achey said they shouldn’t be leveling any fines against him — not while he’s carrying an insurance policy from Lloyd’s that covers claims up to $1 million.

Wheelen said fund participants are required to purchase a plan from an approved carrier so that the fund doesn’t end up holding the bag for facilities that choose to buy coverage from fly-by-night insurers— though he acknowledged Lloyd’s doesn’t fit that category.

“No one questions whether Lloyd’s of London is a good insurer,” he said. “But there are others we know nothing about.”

Wheelen said he’s been in touch with Achey and recommended some options for getting a basic, low-cost compliant plan with the smallest fund surcharge while still using Lloyd’s for excess or surplus coverage.

He said joining the fund brings several advantages. It ensures that claims against the facilities fall under the state’s cap on non-economic damages awarded in malpractice cases. Beyond that, Wheelen said facilities are increasingly considered health care providers and legislators know the fund provides more financial certainty for everyone affected by medical mistakes.

“The one thing you always conclude in the final analysis is, it protects patients,” Wheelen said. “Even though it’s good for doctors, it’s good for hospitals, it’s good for other types of facilities and other types of health care providers, in the final analysis, it guarantees that if a patient has a bad outcome, an unfortunate result … they always have a reliable remedy available to them.”

Andy Marso is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.

KANSAS CITY, Mo. (AP) — A patient at a state hospital for the mentally ill man has been charged with raping a staff member.

Forty-two-year-old Aaron C. Goodman, of Hartford, was charged Friday in Miami County with rape. He is jailed on $250,000 bond. The prosecutor’s office said Goodman doesn’t yet have an attorney.

Police said in a news release earlier Friday that a patient was arrested Tuesday night after police were sent to the Osawatomie State Hospital. Police said it was reported that a 21-year-old staff member was sexually assaulted and raped after she was summoned to the patient’s room to assist him.

Police said another patient heard the struggle and stopped the attack. The staff member was taken to a hospital and released later that night.

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OSAWATOMIE, Kan. (AP) — Authorities are investigating a report that a staff member was raped at a state hospital for the mentally ill.

The Kansas City Star reports that a 42-year-old hospital patient was arrested Tuesday night after police were sent to the Osawatomie State Hospital. Police say the 21-year-old staff member was attacked after she was called to help a patient.

Police say another patient heard the struggle and stopped the attack. The staff member was taken to a hospital and released later that night.

The suspect is jailed in the Miami County Jail. No charges were immediately filed.

BIRMINGHAM, Ala. (AP) — A one-time Alabama Teacher of the Year has submitted a letter of resignation after being informed she is unqualified to teach the fifth grade.

In the letter obtained by Al.com, Ann Marie Corgill says she resigned in confusion about her certification after Birmingham and Alabama Department of Education officials recently said she was not qualified. Corgill says she’d been teaching grades one to six for 21 years. She was the state’s 2014-15 Teacher of the Year.

Corgill says she started this school year at Oliver Elementary School teaching second grade but was moved to a fifth-grade classroom shortly after the semester began.

Alabama’s Department of Education says Corgill has Class A and B certifications to teach primary school through third-grade students.

Birmingham City Schools spokeswoman Chandra Temple said Thursday that the district is working on the matter and has no further comment.

TOPEKA, Kan. (AP) — The Kansas Supreme Court says a Shawnee County court incorrectly sentenced a man for battery.

The Topeka Capital-Journal reports in a ruling Friday, the Kansas Supreme Court said the Shawnee County District Court improperly assessed a prior conviction of Topeka defendant Richard Allen Luarks and incorrectly sentenced him to 14 years in prison.

Luarks was sentenced after being convicted of aggravated battery for stabbing a person in 2010.

The state Supreme Court vacated Luarks’ sentence and sent it back to the district court, saying Luarks’ 1981 conviction for burglary was incorrectly assessed when his sentence was being determined.

The court says without that conviction weighing into his sentencing calculation, Luarks would get a lower sentence.

SALINA-Police arrested a Salina man Thursday evening after he took an infant girl from her mother during an argument Tuesday night.

Police say Brandon Loder, 30, Salina, took the infant from a central Salina home, and also hit the father of the woman.

Loder returned the baby to her mother Wednesday afternoon.

He is also accused of sending a threatening text message to the mother and as well as a friend of hers.

He was taken into custody Thursday evening after refusing to get out of a car that he was a passenger in.

Police had to break a window of the vehicle to get him out.

Loder was booked into the Saline County Jail on requested charges of interference of parental custody, battery, two counts of criminal threats, and obstruction.

The driver of the car Amber Gray, 29, Salina, was also arrested and charged with obstruction.

TOPEKA, Kan. (AP) — Republican presidential hopeful Ben Carson has filed for the Kansas Republican presidential caucus.

The Kansas Republican Party said in a release Friday that Carson is the fourth presidential candidate to file in Kansas.

Clay Barker, executive director of the Kansas Republican Party, says he has received a check for the $15,000 filing fee from Carson’s campaign. Carson, a neurosurgeon seeking the GOP candidacy for president, has made several stops in Kansas recently.

The Wichita Eagle reports (https://bit.ly/1kggimF) that other candidates to pay the caucus fee so far are Ohio Gov. John Kasich, former Florida Gov. Jeb Bush and real estate mogul Donald Trump.

The caucus takes place the first week of March at several locations around the state.

TOPEKA, Kan. (AP) — A company hired to study ways for the Kansas government to save money is also reviewing the state’s budget process.

House Appropriations Committee Chairman Ron Ryckman Jr. said in a post on the Kansas House GOP website that the firm, Alvarez & Marsal, which has been hired to perform an efficiency study of the state government, will also examine the method Kansas uses to spend money.

A&M spokesman Steven Alschuler told The Topeka Capital-Journal that it’s too soon to provide any specifics about its budget examination, but that the company is taking a detailed look at the budget process and will make recommendations.

State budget director Shawn Sullivan says he looks forward to the budget analysis.

A report from A&M is due to the Legislature in early 2016.

WICHITA, Kan. (AP) — Plans call for razing a building at the Wichita airport that was damaged when a small plane crashed into the building last year.

A twin-turboprop airplane struck the FlightSafety International building at Wichita Mid-Continent Airport on Oct. 30, 2014, killing the pilot and three people inside. Federal officials say the cause of the crash hasn’t been determined yet.

FlightSafety told The Wichita Eagle in an email Thursday that the damaged building will be razed, and the land will be returned to the city. The company says the process will begin soon and “completed as soon as possible.”

FlightSafety’s decision to raze the building comes about six months after Sedgwick County rejected a request to match the city in providing financial aid to help FlightSafety rebuild at the airport.

TOPEKA, Kan. (AP) — A January preliminary hearing is scheduled for a Chanute man accused in the traffic death of a Topeka bicyclist.

The Topeka Capital-Journal reports that Glenda Taylor died after she was hit by a car while riding her bicycle in Crawford County in June. Taylor, the head of the Washburn University art department, was participating in an amateur time trial when she was hit.

Todd M. Kidwell is charged with second-degree reckless murder in her death. He’s also charged with reckless driving, improper passing of a bicycle and driving left in a no-passing zone.

He’s scheduled to appear in Crawford County court on Jan. 21 for the preliminary hearing. Attorneys sought the postponement of the original preliminary hearing date of Oct. 26.

DERBY, Kan. (AP) — A former Derby Public Schools paraprofessional has been arrested on suspicion of unlawful sexual relations with a student.

Derby Police Chief Robert Lee said the woman was arrested Thursday. Authorities believe the incident happened between April and May at Derby High School. According to Lee, the suspect is currently not employed by the school district.

A school district alert sent to parents said the suspect had resigned before any allegations were reported to law enforcement or the school district.

DETROIT (AP) — Fiat Chrysler is recalling 894,000 Jeep, Dodge and Fiat SUVs worldwide to fix problems with anti-lock brakes and air bags.

The first recall covers nearly 542,000 Dodge Journeys and Fiat Freemonts from 2012 to 2015. Moisture can build up in the anti-lock brake control module, disabling the system and the electronic stability control.

Fiat Chrysler found the problem by investigating warranty claims. Dealers will apply a sealant and replace electrical parts if needed.

The company also is recalling 352,000 Jeep Grand Cherokees and Libertys from 2003 and 2004 because the air bags can inflate for no reason. Seven people have been hurt. Dealers will replace the occupant restraint control computer or the side impact sensors.

In both recalls, owners will be told when they can schedule service.

WICHITA, Kan. (AP) — A man has been arrested in the fatal shooting of his 26-year-old wife in Wichita.

According to Wichita police Lt. Todd Ojile, a man called 911 just before 6 p.m. Wednesday and reported that he had shot his wife and that her body was in a van outside of a residence. Police say they found the woman with multiple gunshot wounds to the upper body. She was taken to a hospital, where she was pronounced dead.

The man was immediately arrested on suspicion of first-degree murder. Ojile says police believe the shooting happened at O.J. Watson Park about half an hour before the suspect called authorities.