2014 Advocacy Award

The Protection and Advocacy Super Service Award (PASSA) is given annually to a P&A staff member for outstanding advocacy for individuals with disabilities and cooperation with coworkers. P&A staff members nominate their peers for this award. P&A staff has renamed the PASSA Award to The Marsha Hockensmith Advocacy Award to honor her legacy at P&A. At the annual joint meeting in May, P&A staff were honored to present her with this award.

Public Advocacy Commission Chair, Jerry Cox Presents Resolution To Marsha Hockensmith

In Recognition of Marsha A. Hockensmith's twenty-eight years of serving the social needs of Kentuckians, twenty years of service to persons with intellectual and developmental disabilities, and six years of leadership of the Kentucky Protection and Advocacy Division.

Kentucky Developmental Disabilities Network Stories of Advocacy and Life

Supporting the Rights of Kentuckians with Disabilities 

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Agency Brochure


The Kentucky Department for Medicaid Services has published a public notice seeking comments on its Statewide Transition Plan for All Home and Community-Based Services waivers. The Transition Plan is in response to changes in the federal rules for waivers. You can read the Notice here; you can view the Transition Plan here; and you can submit written comments to CMSfinalHCBRule@ky.gov or by mailing comments by December 5, 2014 to:

Department for Medicaid Services
HCB Final Rule Statewide Transition Plan
Commissioners Office
275 E. Main Street, 6W-A
Frankfort, Kentucky  40621

You can also ask questions at the public meeting which will occur at the HB 144 Commission member meeting (Kentucky Commission on Services and Supports for Individuals with Intellectual and Other Developmental Disabilities) on December 4, 2014. The meeting will be from 1:00 to 3:00 PM at the following location: Room 131 of the Capitol Annex B, Frankfort, Kentucky.

General tips for consumer advocates about State Transition Plans can be found here http://www.nsclc.org/wp-content/uploads/2014/07/State-Transition-Plans-for-New-Medicaid-HCBS-Regulations_Four-Tips-for-Consumer-Advocates.pdf

Online clearinghouse for information about the HCBS Final Rule: http://hcbsadvocacy.org/

The Jones Decision

Kentuckians with intellectual or developmental disabilities can now appeal their category of need placement on the Supports for Community Living (SCL) Waiver waiting list. The Franklin Circuit Court has ruled that the SCL regulation section that prohibited category of need placement appeals did not comply with Kentucky statutes regarding administrative hearings or the Federal Medicaid Act. The Cabinet for Health and Family Services’ decision to deny Fred Jones emergency SCL status made it impossible for him to access SCL services so he remained at a halfway house just long enough to be sent back to prison based on a parole violation directly related to his disability. The Court said “[e]ligibility for Medicaid medical assistance services is meaningless without emergency category of need status, and without the ability to appeal a category of need determination, an eligible applicant’s right to be furnished medical assistance with reasonable promptness is infringed without being afforded a fair hearing.” Fred currently receives supports via the SCL Waiver.  The “Jones Rule” is now final as no appeal was filed.

Click Here to Read Opinion and Order

The Bratcher Decision – Kentucky Court of Appeals

The Kentucky Court of Appeals adopted the reasoning of the Franklin Circuit Court and affirmed that the Cabinet for Health and Family Services cannot use the intellectual disability definition to exclude individuals with developmental disabilities from the Supports for Community Living Waiver. The Court of Appeals quoted the Franklin Circuit Court: “The Cabinet exceeded its statutory powers by grafting the regulation’s mental retardation IQ requirement onto the definition of developmental disability. There is no properly promulgated regulation which requires an individual who qualifies for the SCL Waiver on the basis of developmental disability to show first that he also meets the regulation’s definition of mental retardation.” The Court of Appeals decision is final. It is now a published decision.
Click here for the Court of Appeal's decision

Click here for the Franklin Circuit Court's decision

Our Mission:

To protect and promote the rights of Kentuckians with disabilities through legally based individual and systemic advocacy, and education.

Who we are and what we do

Protection and Advocacy (P&A) is an independent state agency that was designated by the Governor as the protection and advocacy agency for Kentucky. P&A's staff includes professional advocates and attorneys. We are advocates working together with people who have disabilities to promote and protect their legal rights. Through our information and referral services, we try to answer questions about your rights under disability laws.

When Should I Call P&A
Online Intake Form
Public Comment Form - Please print out and Fax to 502-564-0848


Kentucky P&A was one of the three P&As (there are a total of 57 protection & advocacy systems across the country) honored at the 2013 Annual Conference sponsored by the National Disability Rights Network (NDRN), the umbrella organization to which all 57 P&As belong.

NDRN’s mission is to promote the integrity and capacity of the P&A and CAP national network and to advocate for the enactment and vigorous enforcement of laws protecting civil and human rights of people with disabilities.

P&A was presented the National Association of Secretary of States Medallion Award on 5/23/2014 “for achievement in making voting accessible in the Commonwealth of Kentucky”. 


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