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Senator Hilderbrand’s Weekly Newsletter
State senator Richard Hilderbrand 13th district
communications from the state capitol
January 25, 2019∙ Week Two
HARD FACTS:
- Aviation in Kansas has a $20.6 billion economic impact and is responsible for 91,300 jobs (Topeka Capital-Journal).
- Governor Kelly’s plan to re-amortize KPERS would free up $160 million for spending now, but would cost taxpayers more than $7 billion over the next 30 years (Topeka Capital-Journal).
- According to the Kansas Department of Labor, Kansas’ December unemployment rate was 3.3% compared to the 3.9% national rate (Department of Labor).
Kansas Day – January 29
On January 29, 1861, Kansas became the 34th state. Explore the state’s early history with the Kansas History database from the State Library, which covers the Territorial period through the Civil War. Find a wide variety of personal narratives, letters, maps, speeches, and photos. Use Browse to scroll through the topics, Search, or click on one of five broad categories for an overview of the early Kansas years. Educators: each of the five categories includes an essay with corresponding primary source documents.
If the page above asks for a Kansas Library eCard number, you may get one at any library in Kansas. Most people will be automatically recognized as being in Kansas and will not need this step. Questions: [email protected] or 785-296-3296.
$115 MILLION KPERS TRANSFER
On Tuesday, the Senate Ways & Means Committee heard testimony on Senate Bill 9, which would transfer $115 million from the state general fund (SGF) to the Kansas public employee retirement system (KPERS). One hundred percent of the payment would be applied to the public-school group, a group that carries the largest unfunded liability. Ways & Means heard from Executive Director of KPERS, Alan Conroy, who explained to the committee that not making the payment, would cause an increase of $630,000 to the unfunded liability/interest expense monthly. Making the payment would result in meeting the actuarial required payment for the first time in 25 years.
In 2018, the Legislature opted to postpone the payment, to see what future revenues produced. Kansas revenues ended FY18 with $317 million more than expected. This left the approved ending balance at $905 million. I am proud to be one of eighteen Republican senators who have signed on to sponsor SB 9.
KANSAS MARCH FOR LIFE
Despite the freezing rain, hundreds of people gathered at the Statehouse Tuesday to participate in the annual Kansas March for Life. Many gathered due to the anticipated ruling by the Kansas Supreme Court that would say the constitution provides a right to an abortion.
Following the march there was a rally on the first floor of the Statehouse that was attended by marchers, activists, and pro-life legislators. Senate President Susan Wagle (R-Wichita) spoke at Tuesday’s rally. “We have a strong pro-life majority in both the House and the Senate,” Wagle said. “We do have an activist Supreme Court. They are highly likely to come down with a decision that is anti-life.”
Tuesday’s march and rally took place on the 46th anniversary of the Roe V. Wade decision.
NEXT WEEK
Monday –
- Update on: Transportation Task Force – [Senate Ways sand Means Committee; January 28 at 10:30 am]
- Presentation on: Education by the Numbers, Kansas Board of Regents, Kansas Technical Colleges, Kansas Independent College Association, Kansas Association of Community College Trustees – [Senate Education Committee; January 28 at 1:30 pm]
Tuesday –
- Presentation on: “The Kansas Outlook” by Jeremy Hill, Director, Center for Economic Development and Business Research, Wichita State University – [Senate Commerce Committee; January 29 at 8:30 am]
- Hearing on: SB 17 – Requiring class M driver’s license when operating a motorcycle registered under a temporary permit – [Senate Transportation Committee; January 29 at 8:30 am]
- Briefing on: 2018 Elections by the Kansas Secretary of State’s Office – [Senate Ethics, Elections, and Local Government Committee; January 29 at 9:30 am]
- Hearing on: SB 22 – Kansas itemized deductions, election, providing for deferred foreign income, global intangible low-taxed income, business interest, capital contributions and FDIC premiums income tax modifications.
Wednesday –
- Hearing on: SB 29 – Providing for fully-insured association health plans – [Senate Financial Institutions and Insurance Committee; January 30 at 9:30 am]
- Hearing on: SB 19 – Authorizing certain entities to access a criminal defendant’s presentence investigation report – [Senate Judiciary Committee; January 30 at 10:30 am]
Thursday –
- Hearing on: SB 26 – Income tax credit for certain purchases of goods and services by a taxpayer from qualified vendors that provide employment to individuals who are blind or disabled – [Senate Commerce Committee; January 30 at 8:30 am]
Thank You for Engaging
Thank you for all your calls, emails, and letters regarding your thoughts and concerns about happenings in Kansas. Constituent correspondence helps inform my decision-making process and is taken into great consideration when I cast my vote in the Kansas Senate. I hope you’ll continue to engage with me on the issues that matter most to you, your family, and our community. If you are on Twitter or Facebook, I encourage you to follow along with the #ksleg hashtag for real-time updates on legislative happenings in Topeka.
Please know that I am fully committed to addressing the current issues in our state, and I am proud to be your voice in the Kansas Senate.
Disability Benefits to ‘Blue Water’ Vietnam Veterans
WASHINGTON — A federal court ruled Tuesday that the Department of Veterans Affairs cannot deny disability benefits to thousands of Vietnam veterans who claim exposure to cancer-causing chemical defoliants simply because those vets served in the waters off the country’s coastline, and not inland.
The ruling marks a major victory for so-called “blue water” Navy veterans who have fought the department for years over the denials. VA officials have said the existing scientific evidence doesn’t justify the presumption of toxic exposure for the group and have strongly opposed legislative efforts to overturn their decision.
But the 9-2 decision by the U.S. Court of Appeals for the Federal Circuit overturns past court opinions backing up VA, saying that Congress never intended to exclude servicemembers in the seas around Vietnam when they awarded presumptive benefits for certain illnesses related to Agent Orange exposure.
Under current department rules, the blue water veterans can receive medical care for their illnesses through VA. But to receive disability benefits — worth up to several thousand dollars a month — they must prove that their ailments are directly connected to toxic exposure while on duty.
That’s not the case for other Vietnam veterans, who are presumed to have been exposed to Agent Orange and other defoliants known to cause serious and rare cancers.
So while a veteran who served on the shoreline could receive disability payouts after contracting Parkinson’s Disease or prostate cancer, another vet who served on a ship a few miles away would have to provide evidence of direct contact with hazardous chemicals.
Advocates have said that, given the time that has passed since the war, obtaining such proof is impossible and unfair. In their ruling, the federal judges agreed.
“These statutes cast no doubt on our conclusion that, by using the formal term ‘Republic of Vietnam,’ Congress unambiguously referred, consistent with uniform international law, to both its landmass and its 12-nautical-mile territorial sea,” the ruling states.
If VA officials opt not to appeal the decision to the Supreme Court in the next 90 days — or if the court decides not to hear the case — the result means that up to 90,000 blue water veterans could see disability payouts as early as this year.
In a statement, VA spokesman Curt Cashour said the department is reviewing this decision and “will determine an appropriate response.”
Advocates hailed the news as a major step ahead in their effort to win benefits for the aging veterans.
“This is a big win,” said John Wells, retired Navy commander and the executive director of Military-Veterans Advocacy, which helped file the lawsuit. “We want to work with VA on how to implement this as painlessly as possible, but making sure these veterans get all they deserve.”
Bart Stichman, executive director of the National Veterans Legal Services Program, said the decision “unequivocally rights a wrong that is a terrible injustice to all veterans who were exposed to Agent Orange in the waters of Vietnam.”
Legislation that would have awarded presumptive status to the blue water veterans was blocked by a small group of senators at the end of last year, disappointing advocates who saw the legislative momentum as their best chance for a victory in years.
Now, instead of granting the benefits to veterans, lawmakers may be forced to scramble new bills to cover the cost of the court-ordered awards.
Congressional Budget Office officials had estimated that awarding the benefits to the blue water veterans could total about $1.1 billion over 10 years, but VA officials have insisted the total is closer to $5.5 billion. Disagreements over whether to use new home loan fees to pay for the costs stalled the previous legislation.
If the court order stands, VA will be forced to cover the costs regardless of whether an offset is agreed upon, a potential drain on the department’s annual budget. Several new bills on the issue are already pending before Congress, and the chairmen of both the House and Senate Veterans’ Affairs Committees have promised to deal with the topic quickly this year. In a statement, Senate chairman Johnny Isakson, R-Ga., said that he was pleased with the court decision and would work closely with VA on the next steps.
The full decision is available at the appeals court’s web site.
Chamber Coffee At Courthouse Jan. 31
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WEEKLY CHAMBER COFFEE REMINDER
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Workers Trying To Restore Gas Service
City of Fort Scott On Health Care Transitions

The City of Fort Scott has been anxiously awaiting an announcement regarding the Emergency Room.
We are fortunate to have Ascension Via Christi provide Emergency Room services in our community.
In October of 2018, a task force was quickly pulled together to work on three priorities: 1) Primary Care to maintain our medical staff with no disruption of service; 2) Ambulance Service, and 3) Emergency Room.
The Community Health Center of Southeast Kansas will be assuming operations of Mercy Convenient Care Friday, February 1. The most noticeable change will be a new sign reading CHC/SEK Walk-In Care. Hours of operation will remain the same – 7 a.m. to 7 p.m. seven days a week. Telephone numbers remain the same; the majority of the original staff have been retained. Patients still should enter through the main hospital door. The pharmacy will continue to operate as usual.
The main clinic located within the hospital building will be closed Friday, February 1, to change out phone and computer systems and will reopen Monday, February 4 at 8 a.m. Hours of operation are expanding with the clinic open Monday through Thursday until 6 p.m. Friday hours will remain the same which are 8 a.m. to 5 p.m.
CHC/SEK will also be providing Mammography Services beginning in mid-February following completion of all licensure requirements.
Specialty clinics will continue and expand to add specialists from Kansas City, Joplin, Pittsburg and Iola. Previously located in Mercy’s building on Horton Street, these are being moved into the main clinic to make it more convenient for patients. A full listing of all visiting physicians will be published next week. The VA Clinic will remain in the Horton Street Building.
CHC/SEK has also initiated discussions with potential oncology providers to reopen the Cancer Center as soon as possible.
As with any transition, some glitches should be expected and appreciate everyone’s patience during this period.
As a reminder, the current EMS contract with Mercy remains in place through the end of March. The City/County EMS partnership will begin April 1st. The current EMS staff has been preparing for this provider transition for several months. The EMS service remains fully operational during the transition.
City Manager, Dave Martin, has maintained a close relationship with executives from Via Christi and Mercy to ensure the future of healthcare services in our community. Martin heard from Randy Cason, President of Ascension Via Christi and discussed future healthcare opportunities earlier today. Cason said he looks forward to a new partnership and providing services to Fort Scott.
“Fort Scott has a chance to be a role model for the future of rural healthcare,” said Martin. He added, “The task force will begin establishing a relationship with Via Christi and continue to partner with CHC/SEK to provide the best solution for future healthcare in our community.”
As always, the City of Fort Scott remains committed to the needs of the citizens and will continue to monitor healthcare throughout these exciting changes.
Mercy Transitions to Community Health Center This Friday, Feb. 1
The new Community Health Center of Southeast Kansas sign is scheduled to be installed on Friday, Feb. 1, 2109, the day the health care in Fort Scott transitions from Mercy Hospital to CHC/SEK, according to Krista Postai, CHS/SEK President and Chief Executive Officer.
“The hours of operation will remain the same with the exception the main clinic will now be open until 6 p.m. Monday through Thursday – which is an hour longer than before – Friday it will close at 5 p.m. as in the past,” Postai said.
CHC/SEK is only using the (hospital) clinic space, she said.
“For the most part, everyone is in the space they used previously….doctors all kept the same offices,” Postai said.

” At some point, we will do an open house and invite the community in,” she said. “But at this point, our priority is to get everyone transitioned over as smoothly as possible. That includes everyone learning a new medical record (system) and getting almost 10,000 records entered into that new medical record (system) which is a mammoth task.”
Each of 17 CHC/SEK clinics has a practice manager to provide daily support and oversight of operations, Postai said.
Amy Budy is the Fort Scott CHC/SEK Practice Manager.
“There may be support staff that works for administration (e.g. medical records) who will office in Ft. Scott, or work from home, because they live there and it saves travel,” she said.
“Leadership will be there often, as needed, but we’re confident that this clinic will run as smoothly as our others with the support of our practice manager,” Postai said.
“All of CHC/SEK Leadership is composed of only six people…who have spent hundreds of hours in Fort Scott – along with at least 30 of our great staff – putting the pieces together to make this (transition) work,” she said. “We expect to put in hundreds of hours more before everything is completely settled and functional.”
The administration is comprised of Postai, Senior Vice President Jason Wesco, Chief Financial Officer Douglas Stuckey, Chief Clinical Officer Linda Bean, Vice President/Human Resources Megan Fry and General Counsel Daniel Creitz who work out of the CHS/SEK System Office at 3015 N. Michigan, according to a prior fortscott.biz interview.
Other management staff includes a Director of School Health, Director of Operations, Pharmacy Director, Dental Director, Director of Behavioral Health, IT Director, Billing Director, and others who provide support for all of clinics and staff, according to the prior interview.
They are located at various sites throughout the area and travel from clinic to clinic to oversee programs.
To view the original announcement:
Community Health Center of SEK New Owner of Mercy’s Clinic
To learn more:
Mercy Health Foundation Donates $300,000 To Community Health Center
The Bourbon County Sheriff’s Office Daily Reports Jan. 29
The Fort Scott Police Department Daily Reports Jan. 29
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Obituary of Ruth Mudd
Ruth R. Mudd, 98, formerly of Uniontown, passed away Monday morning, January 28, 2019, at the Kingswood Health Center in Kansas City, Missouri.
She was born November 20, 1920, in Uniontown, Kansas, the daughter of Thomas Jefferson and Effie Bertha (Summers) Hart. She married (James) Kelly Mudd June 18, 1943, in Riverside, California. He preceded her in death February 22, 2002.
Ruth worked for the Social Security Administration for seventeen years prior to her retirement in March 1982. She was a member of St. Peter’s Catholic Church and the Altar Society, as well as the Social Security Administration Alumni. She was also a member of the National Association of Retired Federal Employees, NARFE Chapter 20, and a former member of American Federation of Government Employees 1336.
Ruth is survived by several nieces and nephews, including Pat Pearson, of Emporia, Kansas, Pam Pollock, of Leawood, Kansas, Pat Price, and Jean Wiley, both of Fort Scott.
In addition to her husband Kelly, Ruth, as the last of nine children, was also preceded in death by eight brothers and sisters and her parents.
Father Yancey Burgess will celebrate the Funeral Mass 11:00 a.m. Thursday, January 31, 2019, at the Mary Queen of Angels Catholic Church with Rosary at 10:30 a.m. prior to services.
Burial will follow at the St. Patrick’s Cemetery in Walnut, Kansas. Memorial contributions may be made to the Catholic Community Hospice and may be left in the care of the Konantz-Cheney Funeral Home, 15 W. Wall Street, PO Box 309, Fort Scott, KS 66701. Condolences may be submitted to the online guestbook at konantz-cheney.com.
Via Christi To Operate Fort Scott Emergency Room
Ascension Via Christi will Operate Fort Scott Emergency Room
PITTSBURG, Kansas – Ascension Via Christi has an agreement to operate Fort Scott’s emergency room, diagnostic imaging and laboratory services, as soon as it can get regulatory approval to do so.
As planned, Mercy Hospital will close the emergency room in Fort Scott at midnight on Jan. 31. Therefore, there will be a gap in service while regulatory inspections to operate under new management are obtained.
During that time, ambulance service will continue to be available to respond to 911 emergency calls. EMS’ well-trained staff is aware of all options for treatment and will have two crews available to respond to calls and transport, as may be necessary to the four hospitals located within an hour drive, including Ascension Via Christi Hospital in Pittsburg.
Under the agreement, Ascension Via Christi will lease approximately 16,000-square feet of clinical space from Mercy and Ascension Via Christi Hospital in Pittsburg will manage the emergency and outpatient services in Fort Scott.
Mercy announced the closure of its Fort Scott hospital in October, along with plans to pursue opportunities to transfer certain services to other area providers. Under the agreement, Ascension Via Christi Hospital in Pittsburg will manage emergency and outpatient services at the Fort Scott hospital location.
“We have worked diligently to retain the staff working at Mercy Fort Scott and are in the process of recruiting and onboarding the clinical and non-clinical associates we’ll need to staff services in Fort Scott,” said Randy Cason, president of Ascension Via Christi Hospital in Pittsburg, adding that having an emergency room is critical for the residents of Fort Scott and surrounding communities.
“Taking on emergency room and outpatient diagnostics responsibilities is a continuation of our mission to care for the residents of Southeast Kansas,” Cason said. “Mercy has agreed to transfer its emergency, laboratory and radiology equipment on-site to allow for a smooth transition of services.”
Fort Scott American Legion Thompson-Harkey Post 25 Scuttlebutt
Post Service Officer Myra Jowers will no longer hold office hours on Tuesdays at Memorial Hall. She will meet with anyone, by appointment, who has questions about filing VA claims, who need a second set of eyes to review their claims or help understand VA documents they have received in the mail. Her service is free and is for anyone, Veteran or family member, who wish to file a claim or appeal a denied claim. She can be reached at [email protected] or 620.215.1286 to schedule an appointment.
Our Post 25 American Legion Oratorical competition was Saturday, January 26, 2019. Madison Toth, 11th grade student at Fort Scott High School, was our Post winner. She will represent Post at the District Oratorical competition at American Legion Post 153 in Olathe on February 16th at 10 am. All Post members are encouraged to attend and support our candidate.
The first shuttle run for the Fort Scott/Topeka VA Medical Center is Tuesday, February 5. Any area Vet needing a ride for a medical appointment should call 785-925-0261 for more information or to reserve a seat. All Vets riding the shuttle must have medical appointments between 9 am and 1 pm. The deadline for scheduling a seat is 5 pm, Monday, February 4.
KOAM News also did a feature on the Shuttle program. It was a short-fused request for interviews, but fortunately I was able to pull together three drivers for the interview. The TV feature game additional exposure for this free Fort Scott – Topeka Veterans Shuttle Service.
The KOAM article can be found at https://www.koamnewsnow.com/news/veterans-shuttle-service-coming-to-fort-scott/988134458?fbclid=IwAR0p_SFiR6ZEJ-24S-zKkGtWoqUZcFBr7oZpiiXkwywWNBnjcktE_eU-3wU.
I am pleased to announce that once again Fort Scott American Legion Thompson-Harkey Post 25 leads the Department of Kansas in membership this week. Our 2019 goal was 51 members. Our current membership is at 131% and 67 members. We are 16 members over our goal. By way of comparison, Grainfield Post 301 in District 6, is in 2nd place for membership at 115%. Thanks to all members who have made Fort Scott Post 25 a highly visible and active Legion Post in the Department of Kansas.
Nominations for Post 25 Officers for the 2019 – 2020 Legion year will begin at our March meeting. Any Post 25 Legionnaire in good standing can be nominated for any office. “In good standing” is a Legion phrase that means that your dues are current.
Legion merchandise can be ordered through Emblem Sales: https://emblem.legion.org/. Contact me if ordering a Legion cap to insure your cap has the correct lettering.
Upcoming Events
January 31. Post 25 Executive Committee meets in Memorial Hall at 6 pm. Post 25 is member driven. Please make Post 25 Executive Committee members aware of any suggestions or thoughts you may have about improving Post 25.
February 1-3. The Mid-Winter Forum is open to all Legionnaires and offers every member, especially Post leaders and chairmen, the opportunity to learn more about The American Legion, its programs and the direction each program is expected to take if there are any changes being considered, including changes directed by National Headquarters. In addition, the Forum provides information about how and why The American Legion functions in the manner we do as an organization. More information about the forum is available at https://ksamlegion.org/view/document/sunflower2019q1.pdf.
February 4. Post 25 meet and greet at 6:30 pm. Come and enjoy the fellowship of other Veterans. Bring an eligible Veteran to visit our Post.
February 4. Post 25 general membership meeting at 7 pm in Memorial Hall. Our membership meetings are open to all. SAL members are strongly encouraged to attend.
February 5. Fort Scott/Topeka VA Medical Center shuttle departs Pete’s Convenience Store, 1920 South Main Street, parking lot at 615 am. Vets needing a ride for a medical appointment must call 785-925-0261 to schedule a seat.
February 11. Shuttle drivers meeting at 6 pm to discuss program details and select driving days.
February 14. Post 25 Color Guard meets at 7 pm in Memorial Hall. All Post members including SAL members are invited to join our growing Color Guard.
February 12. Fort Scott/Topeka VA Medical Center shuttle departs Pete’s Convenience Store, 1920 South Main Street, parking lot at 615 am. Vets needing a ride for a medical appointment must call 785-925-0261 to schedule a seat.
February 19. Fort Scott/Topeka VA Medical Center shuttle departs Pete’s Convenience Store, 1920 South Main Street, parking lot at 615 am. Vets needing a ride for a medical appointment must call 785-925-0261 to schedule a seat.
February 26. Fort Scott/Topeka VA Medical Center shuttle departs Pete’s Convenience Store, 1920 South Main Street, parking lot at 615 am. Vets needing a ride for a medical appointment must call 785-925-0261 to schedule a seat.
March 4. Post 25 meet and greet at 6:30 pm in Memorial Hall. Come and enjoy the fellowship of other Veterans. Bring an eligible Veteran to visit our Post.
March 4. Post 25 general membership meeting at 7 pm in Memorial Hall. Our membership meetings are open to all. SAL members are strongly encouraged to attend.
April 1. Post 25 meet and greet at 6:30 pm in Memorial Hall. Come and enjoy the fellowship of other Veterans. Bring an eligible Veteran to visit our Post.
April 1. Post 25 general membership meeting at 7 pm in Memorial Hall. Our membership meetings are open to all. SAL members are strongly encouraged to attend.
Remember to check out Post 25 on Facebook. It contains current information of interest to Veterans and their families.
Carl Jowers. Commander
Fort Scott American Legion Post 25
Telephone: 620.215.1688
Email: [email protected]


