The controversy over SEIU’s request for provider names and addresses grows as a State Rep requested an opinion from the  Attorney General about this matter.

Don Jordan, Secretary of the Kansas Department of Social and Rehabilitation Services, sent a letter to 959 Home and Community Based Service (HCBS) providers recently asking for information on behalf of the Service Employees International Union/SEIU including:

• attendants’ names,
• addresses,
• telephone numbers.

Read the text of the letter below (or click on the graphic at the right to see an enlarged version):

August 24, 2009

Dear Provider:

We are asking your assistance in responding to a request for information from the Service Employees International Union/SEIU Kansas. The agency is working to compile a list of all attendants who are compensated using a payroll agent. We feel this is an appropriate use of section 8400, Benefits and Limitations, in the Kansas Medical Assistance Program (KMAP) Manual. Considering that the nature of their work can make it difficult to reach these individuals, this will provide an opportunity for these individuals to receive information regarding services offered by this organization. SRS will ensure these lists are available to organizations that promote the interests of HCBS waiver clients and direct care attendants, and will ensure that the organization does not improperly use the information for marketing purposes.

The list should include attendants’ names, addresses and telephone numbers. Please submit this information in an electronic format, preferably a .xls or .pdf file. We ask that you submit this information to Margaret Zillinger, Director of Community Supports and Services, by September 3, 2009. If you have questions, please contact Margaret Zillinger at margaret.zillinger@srs.ks.gov.

Sincerely,
Don Jordan
Secretary

A similar letter and request was also sent to about 75 providers by Martin Kennedy, Kansas Acting Secretary of Aging.

Why did these State of Kansas departments send letters and request information for the SEIU?

On Aug 12. John Nelson, an organizer with SEIU Health Care Kansas, in Kansas City, KS, made open record requests to the Kansas Department of Social and Rehabilitation Services (SRS), and the Kansas Department of Aging, asking for:

Information pertaining to each individual provider of consumer directed care for the Kansas Home and Community Services Program (HCBS), and specifically for anyone providing care for a consumer that qualified for care through …

From the letter to SRS:

the Development Disability, Physical Disability, Traumatic Brain Injury, Autism, and Severe Emotional Distress waivers.

From the letter to the Department of Aging:

the Frail/Elderly waiver.

The Kansas Watchdog used open records requests to obtain certain SEIU-related E-mails from these Kansas departments. These E-mails gave clues about how the SEIU open record requests were processed.

On Aug 13. SEIU’s Nelson sent an E-mail to both Steve Mock at the SRS and John Polzar, the Governor’s Director of Government Affairs, with copies of the SEIU letters sent to SRS and the Dept. of Aging the day before. It’s not clear why Nelson was communicating directly with Steve Mock at the SRS instead of Michelle Ponce, the SRS Director of Communications. It’s also not clear why the Governor’s Director of Government Affairs was copied in this matter.

Nelson was told by Steve Mock from the SRS on Aug 18.

Compiling this list will require staff and printing costs of $4500. Please remit this amount prior to receipt of the requested information.

Nelson’s reply to the $4500 bill was

This should be no problem, can we get an itemized bill or something a little more formal for our accounting dept.?

Mock’s response to the request for an itemized bill was “Sure.”

On Aug 25, Mock informed Nelson that the list of payroll agents who were to receive letters would be about 1000, across all waivers.

The Watchdog obtained the list of 959 payroll agents receiving a letter from SRS and the list of 75 payroll agents receiving a letter from the Department of Aging.

Both departments declined at this time to provide a list of the responses to the Sept. 3 deadline. Michelle Ponce, SRS Director of Communications, explained:

Concerns have been raised about whether the requested information falls under one or more of the exceptions set out in K.S.A. 45-221.

Barb Schoof, Director of Public Affairs at the Department of Aging said only about 7 of the 75 responded.

Michelle Ponce said that “no information is being provided to SEIU at this time” and “no receipt showing payment currently exists.”

On Sept. 2 State Rep. Richard Carlson (R-St. Marys) requested an opinion from Attorney General Six with four specific questions about SEIU’s open records requests for providers names:

1. Does the federal privacy act allow private employee information to be disclosed?
2. Does language adopted in the rules and regulations manual in Sept 2008 provide the state with the statutory authority to request such lists?
3. Was reasonable notice given at this time (Sept. ’08) to providers that would subsequently be subject to these requests — with ample time for public input on the decision to require disclosures?
4. If the approved rules and regulations are valid, do the agencies of the State of Kansas listed above have the statutory authority to request a list of employee information for purposes other than strict regulatory control? Furthermore, would this information then be available for use by any non-governmental entity requesting to have the information provided to them?

One source says Governor Sebelius’ office requested this language be inserted in the Kansas Medical Assistance Program’s (KMAP) provider manuals giving authority to state agencies to request such a list now:

Attorney General Six must sort out this legal matter and decide whether SEIU gets the names they requested.

The Kansas City Star article from Sept. 9, Two Kansas departments help union get data,  said the SEIU gave $31,000 to Sebelius’ campaigns for governor, but did not mention the $125,000 the SEIU gave to Sebelius’ Bluestem Fund PAC in the last election cycle.

 Sebelius’s Gubernatorial campaign received $32,750 from various SEIU groups in 2004-2006, but SEIU and Sebelius’ Bluestem Fund PAC were also major players in funneling money to the Kansas Democratic Party in 2006 in a complicated scheme, part of which is shown below:

Related:

• Two Kansas departments help union get data, Kansas City Star, Sept 9, 2009.
• Kansas state agencies told to pass personal info to liberal union activists, Kansas Liberty, Sept 2, 2009.
• Treasurer for $100,000 SEIU donation to Sebelius’ PAC likes her for HHS Secretary, Kansas Meadowlark, March 4, 2009.
• Over $500,000 missing from online PAC reports in Kansas, Kansas Meadowlark, Dec 4, 2008.