Susan Jarsulic didn't know if she would win when she appealed changes to her disabled daughter's health plan.
But she didn't expect to be called "snotty" or to be faulted for talking to legislators about her daughter's case.
"I just think that's wrong," said Jarsulic, from Shawnee, Kan. "First of all, that stomps on my First Amendment rights and I think that I should be able to talk to whoever I need to be able to take care of my daughter."
Kansas administrative law Judge Chris Kellogg denied Jarsulic's appeal in a Jan. 8 order, finding that the changes to her daughter's plan made by the Kansas Department of Aging and Disability Services, or KDADS, and contractor Sunflower State Health Plan were in line with state and federal regulations.
Under "Findings of Fact," Kellogg wrote that Jarsulic "was snotty while pointing out a typographical error" under cross examination during the appeal hearing. Under "Conclusions of Law," Kellogg wrote that Jarsulic "turned KDADS in to a state senator and a representative because she was mad."
Jarsulic was in the audience Thursday at a town hall meeting in Olathe that followed up on a Kansas City Star series of stories about secrecy in Kansas government. She talked about Kellogg's order during a question-and-answer period of the event, which was hosted by the newspaper.
One of the stories in the Star's series focused on KanCare and caregivers and case managers, who said the process of getting and keeping services for people with disabilities has become more secretive and confrontational since the state privatized them under three companies, one of which is Sunflower State.
Kansas Rep. Stephanie Clayton, a Republican from Overland Park who was part of a panel discussion that night, said Jarsulic should be free to talk to her legislators without it affecting her daughter's appeal.
"It is the right of every citizen to speak with their representatives," Clayton said. "To fault an individual for exercising this right is absolutely inexcusable, and I fear for other citizens who may have faced retaliation for exercising this right."
Jarsulic said she plans to further appeal her daughter's case, which centers on whether she and her husband can be paid to provide overnight support services to their daughter. Her daughter, Jayne, qualifies for overnight support as an adult with intellectual disabilities.
Kellogg didn't respond to a message left Friday.
As an administrative law judge, Kellogg works for the executive branch's Office of Administrative Hearings and is not affiliated with the Kansas judiciary. He is an attorney hired by the Kansas Department of Administration.
A spokeswoman for KDADS said the agency can't comment because it's pending litigation.
But the agency appears to agree that Jarsulic's conversations with lawmakers should not have factored into her appeal.
After the Star contacted KDADS for comment, an agency lawyer filed documents Monday appealing Kellogg's order, because it "contains additional consideration of immaterial facts related to the Appellate's correspondence with Kansas representatives." The agency requested that a three-member appeals committee either rule that Jarsulic's case be reheard by a new judge or that Kellogg's order be changed "to alleviate concerns that weight may have been assessed to immaterial facts."
Jarsulic said she is happy Kellogg's order will be reviewed.
"I think it's a checkmark in the 'win' column for exposing (the) lack of transparency in Kansas, as well as exposing the retaliation ongoing under Kancare," Jarsulic said.
Sen. Barbara Bollier, a Republican from Mission Hills, said the changes to Jarsulic's daughter's KanCare plan stem partly from federal law and Kellogg may have made the correct determination. But it was inappropriate for him to take Jarsulic to task for contacting legislators and use the word "snotty."
"I think there was language used in that write-up that wasn't very professional and I don't know why that was done," Bollier said.
Jarsulic said she wondered if Kellogg would have described a man who acted the same way as "snotty."
"I never expected the judge to make it about my personality," Jarsulic said. "And for a judge to say that somebody is snotty? I mean, c'mon. You may not like my personality, but I'm her No. 1 advocate, and if I don't do it, who's going to?"
