Kentucky lawmakers use underhanded technique to pass a dangerous public health law by hiding it in other legislation

Kentucky Equality Federation today condemned Senate Bill 127 after Representative's attached House Bill 350 to the bill because the House Health and Welfare Committee refused to post it.

"The Kentucky House Health and Welfare Committee knew House Bill 350 was dangerous, refused to post it, and no one voted on it. The Committee was wise enough to realize the requirements for licensed care providers must remain in place," stated Kentucky Equality Federation President Jordan Palmer. "This is an underhanded technique used at the end of sessions to move pieces of legislation that haven't moved before by hiding them in other places."

House Bill 350 seeks to remove HIV/AIDS training and education requirements for licensed service providers such as physicians, registered nurses, social workers, etc. Treatment options change rapidly, making it imperative that all health care professionals know the physical manifestations of HIV/AIDS.

"Treatment options change rapidly, therefore physicians or other clinicians that do not treat HIV/AIDS as a specialty would be hard pressed to know the best treatment options for their patients infected with this disease," stated Bobby Edelen, president of the Kentucky HIV/AIDS Advocacy Action Group.

Gary L. Fowler, a special adviser to the Kentucky HIV/AIDS Advocacy Action Group, and Co-Chair of the Kentucky HIV Prevention Advisory Council (KHPAC), a Kentucky Government Organization, stated: "I would like to point out that surveillance training is necessary for us to have the best information available to stop the spread of HIV/AIDS. Kentucky has a high number of people infected with the disease that report unknown risk factors. If we do not have accurate numbers for who is being infected and what their behavioral risk factors are, we do not have a clear picture of where we need to target our prevention dollars."

Edelen continued: "House Bill 350 does a disservice to the citizens of the Commonwealth of Kentucky by lowering healthcare standards for service providers and should be defeated. The citizens of this great Commonwealth deserve the best representation from their lawmakers to ensure the quality of healthcare is held to a higher standard than 'minimum' and enforced with every protection under the law."

Kentucky Equality Federation Condemns the Kentucky House Appropriations and Revenue Committee; declares an AIDS Crisis in Kentucky

KENTUCKY EQUALITY COALITION, INC. AND FEDERATION FOR KENTUCKY EQUALITY, INC. BOARD OF DIRECTORS (AKA AND COLLECTIVELY: KENTUCKY EQUALITY FEDERATION) JOINT RESOLUTION DECLARING A HIV/AIDS CRISIS IN KENTUCKY AND CONDEMNING INACTION BY THE APPROPRIATIONS AND REVENUE COMMITTEE OF THE KENTUCKY HOUSE OF REPRESENTATIVES

RESOLUTION 1333

Whereas, the Appropriations and Revenue Committee of the Kentucky House of Representatives has failed to act to restore funding to the Kentucky AIDS Drug Assistance Program ("KADAP"), leaving hundreds living with HIV/AIDS without life saving medications.

Whereas, the 1,300 patients enrolled in KADAP, which is currently unfunded, receive medications through a hodge-podge of resources that are temporary and unsustainable.

Whereas, Kentucky has the longest waiting list in the nation for drug assistance, numbering over 170 men and women with more added daily.

Whereas, Federation President Jordan Palmer and other volunteers have visited the Capitol six (6) times during the 2010 legislation session to urge restoration of funding for KADAP without success due to Kentucky’s current financial crisis, as well as partisan politics.1 The President and other volunteers and/or allied organizations reported that key lawmakers with control over the Commonwealth’s budget are unable or unwilling to fund KADAP.

Whereas, the Kentucky Legislature is currently on the fiftieth day (50th) of a sixty day (60) legislative session, the probability of funding KADAP becomes infinitesimal with each passing day.

Whereas, 11 other Kentucky organizations, groups, or agencies joined the Federation in affirming that KADAP is a crucial and necessary program for Kentuckians living with HIV/AIDS.

Whereas, Kentucky citizens with HIV/AIDS will likely die without KADAP: At a meeting with the editorial on March 16, 2010, Dr. Francis Collins, the director of the National Institutes of Health, stated that in the 1980s, a 21-year-old diagnosed with HIV could expect to live just one year. Today, a 21-year-old who becomes HIV-positive has a life expectancy of 70. Dr. Collins noted the impact of anti-retroviral treatments that lower the level of HIV in the blood
and boost immune systems.

Resolved, the Federation is committed to securing peace, liberty, and equality for all Kentuckians, which by defacto must include their health and well-being.

Resolved further, the Federation will continue to work with all organizations, both state and national, to bring money to Kentucky to assist people with HIV/AIDS in paying for their life saving medications.

Resolved further, the Federation hereby condemns the inaction of the Appropriations and Revenue Committee of the House of Representatives for failure to secure the safety, and thereby the health of its citizens as provided under Section I of the Constitution of Kentucky by failing to fund KADAP.

Resolved further, the Federation hereby condemns the inaction of the Appropriations and Revenue Committee of the House of Representatives for ignoring the signatures of over 5,000 Kentuckians who individually requested KADAP be restored (over 400 within the past week alone) thereby violating Section IV of the Constitution of Kentucky.

Resolved further, the Federation believes and hereby declares an AIDS Crisis in the Commonwealth to its subscribers, members, followers, supporters, and allied organizations. The Federation urges all subscribers, members, followers, and supporters to practice safe sex and education themselves about the
virus and methods of transmission; AIDS Volunteers, Inc. (AVOL) provides free testing and educational material to 72 Kentucky counties.

Resolved further, the Federation urges the Appropriations and Revenue Committee of the Kentucky House of Representatives to allocate funds to KADAP posthaste.

Resolved further, the Secretary of the Board of Directors shall email a copy of this resolution to every member of the Appropriations and Revenue Committee of the Kentucky House of Representatives.

Click here for an unofficial copy of the resolution.

This is a true record of a joint resolution adopted by the Board of Directors of both Kentucky Equality Coalition, Inc. and Federation for Kentucky Equality, Inc. collectively, Kentucky Equality Federation, on March 18, 2010 in accordance with the laws of the Commonwealth of Kentucky.

Failure to Act by the Kentucky House of Representatives Leaves Hundreds of Kentucky HIV/AIDS Patients with an Uncertain Future

LEXINGTON, KY -- In a proposed commonwealth budget that allocates over $3.4 billion for road projects, a small request of $3.5 million to fund the Kentucky AIDS Drug Assistance Program (KADAP) has been ignored, leaving hundreds living with HIV/AIDS facing difficult choices.

The cost for HIV/AIDS medication averages around $1,200/month—more than the entire monthly income of most families enrolled in KADAP.

"We've heard stories from people seeking out second mortgages to pay for their meds," say Kentucky Equality Federation President Jordan Palmer and Kentucky HIV/AIDS Advocacy Action Group (KHAAG) President Bobby Edelen. "One person who approached us said, 'with the uncertainty of receiving assistance I am thinking about selling off my life insurance policy' to afford life-sustaining medications. We’re back to the 80s."

The nearly 1300 patients enrolled in KADAP, which is currently unfunded, receive medications through a hodge-podge of resources that are temporary and unsustainable. In the meantime, Kentucky has the longest waiting list in the nation for drug assistance—numbering over 160 men and women—with more being added every day.

"When do we come off the waiting list?" asked one HIV/AIDS patient, "When we die?"

People with HIV/AIDS who do not have access to medications are at increased risk for opportunistic infections, more frequent hospitalization (often under indigent status), and early death. In contrast, a person who is taking HIV medications as prescribed and taking care of their health can reasonably expect to live as long as someone without HIV. "Not funding the Kentucky AIDS Drug Assistance Program is inhumane, shortsighted, and threatens individual and public health," states Palmer, who met with lawmakers six times during the legislative session trying to get KADAP restored.

Palmer held several meetings with Representative Tom Burch, Chairman of the House Health and Welfare Committee, DeeAnn Mansfield, Staff Administrator, House Health and Welfare Committee for the Legislative Research Commission, and Representative Jimmie Lee, Chairman of the House Budget Subcommittee on Human Resources.

On February 17, Edelen met with House Representatives to discuss the state of KADAP and other factors causing health care disparities in those living with HIV/AIDS.

"Chairman Tom Burch, a champion for the cause of health equity, asked some very astute questions," noted Edelen.  "In those questions, he demonstrated his support for re-funding KADAP and willingness to work on some measures to eradicate the waiting list. However, the House Appropriation and Revenue Committee did not seem willing."

As the commonwealth's budget makes its way through the Senate, time is running out for those who depend on KADAP for their medication.

The following is excerpted from a statement of opinion issued by the Board of Directors of AIDS Volunteers of Lexington (AVOL):

"Given the larger financial crisis facing the Commonwealth, this may seem a specific and 'special interest' concern. The impact, however, is far reaching. Individuals with HIV/AIDS are mothers and fathers, family providers, valued employees, consumers, and citizens. Lack of access to medication will result in more work missed, a greater strain on social service organizations as families are forced into poverty and homelessness, a burden on medical facilities who must write off astronomically expensive HIV/AIDS hospital care to indigent and low income people, plus further disenfranchisement of those Kentuckians already at highest risk. Inasmuch as the commonwealth is feeling the challenges of the current economic climate, low-income individuals and families living with HIV/AIDS are losing jobs, struggling to make ends meet, and deciding whether to use their meager incomes to buy life-sustaining drugs or to pay rent and buy food for their families.

AVOL sees an urgent need for action to restore KADAP. This effective program of preventative care is in the best long-term interest of the Commonwealth as well as those living with HIV/AIDS. Given the potential adverse effects and medical impact, time is of the essence."

HIV/AIDS has the most devastating impact on Kentucky's most at-risk communities, who already face significant barriers in accessing health care. KADAP is literally a lifeline for these men and women.

Minority populations are disproportionately at risk for HIV/AIDS. According to statistics from the HIV/AIDS Branch of the Kentucky Cabinet for Health and Family Services, African-Americans in Kentucky make 7.6% of the commonwealth’s total population but account for 36% of all new HIV infections. Similarly, Latino Kentuckians make up 2.4% of the population but account for 7% of new HIV infections.

AIDS organizations across the Commonwealth are expressing alarm and dismay that the budget will be passed that does not include funding for the Kentucky AIDS Drug Assistance Program. Small non-profits do not have the resources to provide a safety net for the commonwealth’s shortfall in funding.

The following agencies, organizations, and individuals affirm that KADAP is a crucial and necessary program for Kentuckians living with HIV/AIDS:

• Kentucky Equality Federation, Lexington, KY—Jordan Palmer, President
• Kentucky HIV/AIDS Advocacy Action Group, Frankfort, KY—Robert Edelen, President
• AVOL (AIDS Volunteers, Inc.), Lexington, KY—Mark Royse, Executive Director
• Kentucky HIV/AIDS Planning and Advisory Council, Frankfort, KY—Gary L. Fowler, Community Co-Chair
• COLAGE (Children Of Lesbians And Gays Everywhere), Northern Kentucky Chapter—Julia Spiegel, Director
• Amanda Beck-Myers, MSW, LSW, Edgewood, KY—HIV/AIDS Care Coordinator
• United We Stand – Kentucky’s LGBTI News®, Richmond, KY—Casey Kurtis, Co-Owner and Publisher
• The Wings Clinic, Louisville, KY—Deborah N. Wade, MSW, Program Director
• House of Ruth, Louisville, KY—Linda Underwood, Executive Director 
• Moveable Feast, Lexington, KY—Terry Mullins, Executive Director 
• GLSO (Lexington Gay Lesbian Service Organization), Dennis Wheatley, President
• University of Kentucky OUTsource, Lexington, KY— Eli Gross, Director

Other OUTsource concerned members: Sara Ailshire, Erik Bentley, Watson Harding, Matthew Hufford, Matthew Layson, Vincent Purcell, Ashley Scott, Brandon (Chase) Stamper, and Breanne Weaver.

• University of Kentucky Gay-Straight Alliance, Lexington, KY—Watson Harding, Co-President

Other UK Gay-Straight Alliance concerned members: Matthew Layson, Matthew Hufford, Breanne Weaver, and Erik Bentley.

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About Kentucky Equality Federation:Kentucky Equality Federation is Kentucky's largest all-volunteer grassroots lesbian, gay, bisexual, transgender, and intersex ("LGBTI") civil rights and advocacy organization.  With more than 18 volunteers, Kentucky Equality leads efforts for LGBTI civil rights at the state level through an array of strategies to bring equality and fairness to Kentucky.  

Kentucky Equality Federation also resolves discrimination, school bullying and hate crimes cases across the Commonwealth. (more)

About Kentucky HIV/AIDS Advocacy Action Group (KHAAG):
The Kentucky HIV/AIDS Advocacy & Action Group is a coalition of groups concerned about the growing epidemic of HIV/AIDS in our Commonwealth and the often unrecognized impact that HIV/AIDS has on all Kentucky citizens.

About AVOL:
AIDS Volunteers, Inc. ("AVOL") is a non-profit organization that provides services to those living with and affected by HIV/AIDS, as well as HIV prevention education & outreach to 72 counties in central, eastern, and southeastern Kentucky.

About Kentucky HIV/AIDS Planning and Advisory Council (KHPAC):
The Kentucky HIV/AIDS Planning and Advisory Council (KHPAC) is a 30-member body appointed by the Governor to carry out the provisions of KRS 214.640, the Centers for Disease Control and Prevention HIV Prevention Community Planning Guidance and the Health Resources and Services Administration Planning Bodies Manual.

KHPAC works in collaboration with the HIV/AIDS Branch of the Kentucky Department for Public Health to ensure HIV/AIDS prevention activities, services and policies meet the needs of the people of the Commonwealth of Kentucky.

About COLAGE:
Children Of Lesbians And Gays Everywhere (COLAGE) is an organization, created in 1989 by the children of several lesbians and gay men who felt a need for support. There are 52 COLAGE chapters in the United States of America, 2 chapters in Canada, and one European chapter.

COLAGE – Northern Kentucky Chapter is also a member of Kentucky Equality Federation.

About United We Stand – Kentucky’s LGBTI News:
Owned by United We Stand Media, LLC., United We Stand is Kentucky's Online Gay, Lesbian, Bisexual, Transgender, and Intersex News Magazine.  United We Stand currently reached more than 800 readers around the Commonwealth. 

United We Stand™ covers news related to Kentucky's LGBTI community. Our name was chosen carefully; not only is it part of the motto of the Commonwealth, but it truly defines our community as a whole, as does the entire motto of the Commonwealth: "United We Stand, Divided We Fall."  

About WINGS:
WINGS is a federally funded outpatient medical clinic for HIV+ persons. The goal of WINGS is 100% access to comprehensive medical care and 0% disparity in the quality of care provided. Wings provides services including primary care, infectious diseases, nutrition services, support groups, mental health assessments and referral, as well as a liaison to community services for those with HIV/AIDS.

About House of Ruth:
House of Ruth is a nonprofit community-based organization caring for families and individuals with or affected by HIV/AIDS. We provide a holistic client-centered approach for housing and advocacy programs. This includes: life skills, children’s programs and other support services to help strengthen lives.

About Moveable Feast:
Since opening on October 3, 1998 Moveable Feast Lexington (MFL) has delivered hot nutritious meals daily to people living with HIV disease in Lexington/Fayette County Kentucky.

About GLSO:
The mission of the Gay and Lesbian Services Organization (GLSO) is to improve the quality of life for gay, lesbian, bisexual and transgender (GLBT) individuals and their families and allies in Central and Eastern Kentucky, by providing a community focal point through outreach, information access, and support.

About OUTSource:
The goal of OUTsource is to provide an affirming, safe, and confidential space for GLBTQQA students to learn more about gender identity, human sexuality, and related issues by providing access to academic, cultural and interpersonal resources; and to change the campus climate and culture to become more inclusive of GLBTQQA students by embracing diversity.

About University of Kentucky Gay-Straight Alliance:
We promote awareness and fairness concerning GLBTQQA issues at UK and work for a unified gay and straight community in the Lexington area.