Gov. Laura Kelly’s first session ended in frustration — but it could have been worse

Laura Kelly’s first legislative session as governor ended in frustration for her, but in something a lot scarier than that for the 150,000 low-income Kansans who would have secured health insurance had Democrats succeeded in expanding Medicaid.

Republican moderates ran right home when their leaders called, and that was it this year for the many who already work but still can’t afford health insurance; they make too much to qualify for Medicaid but too little to get subsidies under the Affordable Care Act.

If only they were corporations that do business overseas, their elected representatives would have been looking out for them.

Now, said Senate Majority Leader Jim Denning, Republicans will have time to work on a more “robust” bill. While a healthy health bill sounds like a good thing, what GOP lawmakers have promised is legislation that’s on the contrary as puny and punitive as possible. Senate President Susan Wagle is interested in work requirements that have elsewhere been challenged in court, or maybe in expanding coverage only to those making up to 100% of the federal poverty level, instead of the usual 138%. The federal poverty level is $25,100 for a family of four.

Meanwhile, Denning says the uninsured are in no danger because they receive excellent care in emergency rooms.

Kansas lawmakers did accomplish a few important things this year, though: They approved Kelly’s plan to increase funding for K-12 schools by about $90 million a year — a boost that may even pass muster with the Kansas Supreme Court and end the court’s oversight.

They also made up for some but not all of the Sam Brownback-era cuts in other areas and approved more funding for roads and prisons.

Kelly nixed what would have been another giant and ill-conceived tax cut for corporations, so lawmakers responded by passing a medium-sized cut that would still allow corporations to pay no state taxes on overseas income that’s brought back to the state. She should repeat herself, just as her GOP opposition has, and veto this attempt, too.

In a failed effort to get cooperation on Medicaid expansion, Kelly did not veto a law that will let the Kansas Farm Bureau sell unregulated insurance — yes, junk — that needn’t provide coverage to those with pre-existing conditions and won’t necessarily cover maternity care, treatment for mental illness and more. But she did not have the votes to make such a veto stick.

Another major disappointment was the lack of significant progress on reforming the state’s troubled child welfare system. Lawmakers did approve funding to hire more abuse investigators but cut funding for oversight and ignored most recommendations of a task force.

Nor did the Legislature take away the Kansas secretary of state’s authority to prosecute election fraud, even though current Secretary of State Scott Schwab has no interest in pursuing the obsession of his predecessor, Kris Kobach.

Like the session as a whole, some laws that did pass were a mixed bag in themselves: Now Kansans can use CBD oil with some THC in it for medical reasons — and even then, only to treat conditions deemed “debilitating.” But the doctor’s note needed to buy it won’t necessarily indemnify a buyer against prosecution.

The best thing we can say about this year in the Legislature? Kelly and her allies in both parties kept it from being even worse.

This story was originally published May 7, 2019 at 3:55 PM.