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Sep 28, 2017

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Meet Ed Kahn: Champion of Economic Justice

by | Sep 28, 2017

Development and Promotion

Despite his contributions to protecting civil rights and advancing the interests of the state’s less-fortunate residents, it’s safe to say that Ed Kahn, Esq., is not a household name in Colorado.

Regardless, Ed is well-known and respected within Colorado’s legal community for being the attorney involved in some of the state’s most significant court cases over the last 50 years and for his role in founding several of the state’s most influential legal-advocacy organizations.

One of the founders of Colorado Center on Law and Policy, Mr. Kahn will be honored for his work in helping low-income Coloradans with a Champion of Economic Justice Award during our Fourth Annual Pathways from Poverty Breakfast, Oct. 6 at Embassy Suites Denver Downtown Convention Center Hotel.

A private attorney since 1965, Ed’s pro-bono work includes representing plaintiffs in the Denver school desegregation case from the late 1960s-early 1970s as well as a number of cases that ultimately directed hundreds of millions of dollars to serve the health needs of underserved Coloradans.

When reviewing Ed’s impressive body of work, one wonders how he mustered the time, energy and passion to balance his professional work as an attorney with his non-paying economic justice pursuits while raising a family with his wife, Cynthia, who has her own record of exemplary dedication to public service. With characteristic humility, Kahn says his good work is a product of time, circumstances and necessity.

“Going to law school during the Civil Rights era, I realized early on that low-income people aren’t going to be recognized in the legislature or the courts unless they have advocates,” he said when questioned about his commitment to community service. “These people are not going to be fully credited by the powers-that-be unless they have allies from the establishment. I’m sorry to say that, but I think that it’s true.”

As someone whose parents emigrated to the U.S. from Germany in 1936, Kahn was essentially born to empathize with oppressed minorities in 1938. Drawn to political science, journalism and international affairs, Kahn started college in 1954 – one year after the Korean War ended. While attending college in Boulder, he worked as the editor of the Colorado Daily student newspaper. While serving in the Air Force for three and a half years, he was encouraged by lawyers to explore a career in law. He attended Harvard Law School from 1962 to 1965, graduating with honors. After attending a national ACLU convention in the mid-60s, he became an active member of the ACLU of Colorado’s legal panel, where he served for more than 50 years. He spent his early years in law practice working for the venerable firm Holland & Hart. He joined Kelly/Haglund/Garnsey & Kahn in 1978, and its successor’s firm, Lass Moses and Ramp, in 2010.

From a historical perspective, Ed’s professional resume is astounding and significant. From 1969 until 1974, he worked on the Denver school desegregation case, Keyes vs. Denver School District, which ultimately was decided by the U.S. Supreme Court in 1974. The justices ruled that the district was had committed acts of de jure segregation in violation of the Equal Protection Clause and mandated the desegregation of the school district.

“I wasn’t involved in the trial, but helped with the briefs and writing the appeal to the Supreme Court,” he said of Keyes vs. Denver School District. “I got the firm to take the case. We had some opposition within the firm to taking the case, because people were concerned it would lose business for the firm. But after they took the case, to their credit, I never heard an adverse word about our involvement.”

Indeed, the respect that Kahn enjoys from other lawyers is reciprocated by him.

“Helping people helps the profession, but it serves to help the profession too,” he said. “I have always had the aid of colleagues to help me do what I wanted to do. But I never felt the need to go full-time into public service. I always thought it was redemptive to work with private individuals and help them with litigation-type problems.” Along with numerous other lawyerly pursuits, Kahn co-founded the Colorado Lawyers Committee to better coordinate pro-bono efforts among Colorado’s major law firms.

In 1969, he served on the founding board of Colorado Rural Legal Services, which provided civil legal assistance to people who lack the financial resources to hire an attorney. CRLS was later merged into Colorado Legal Services.

Soon after joining Kelly/Haglund he obtained over $700,000 in legal fees – pro-bono — for the ACLU for its lawyers and Holland & Hart’s work on Ramos vs. Lamm.,  That case addressed triple-bunking prisoners in Colorado prisons, which was deemed unconstitutional and characterized as cruel and unusual punishment by the U.S. District Court for Colorado, and affirmed by the 10th Circuit Court of Appeals.

In the late 90s, after having a hand in drafting legislation that established laws regarding the appropriate transfer of public assets from nonprofits health insurers and hospitals to privately owned entities, Mr. Kahn was involved in a case involving the conversion and sale of Blue Cross Blue Shield of Colorado,  a nonprofit health insurer, to the for-profit Anthem Inc. The conversion resulted in the creation of the Caring for Colorado Foundation in 1999. The foundation reported $185 million in assets and made $7.7 million in grants in 2016, similar to the level of grants made annually soon after it was formed. That work, combined with restrictions from Congress on legal aid, prompted Kahn to join other like-minded attorneys in forming Colorado Center on Law and Policy almost 20 years ago. Though he served on CCLP’s board, Ed concluded that his time would be better spent as a staff volunteer. He worked closely with CCLP’s Elisabeth Arenales, who considers Kahn a mentor.

In the early 2000s, Kahn and CCLP’s Arenales convinced leadership at the Colorado Health Foundation to dramatically increase their funding to benefit community organizations, after writing a letter to Colorado’s Attorney General saying the foundation was in violation of federal and state tax law. The foundation has awarded up to $97.7 million a year since then.

Though his work is neither glamourous nor exciting, Kahn marvels at the difference some of his efforts have made for the people of Colorado over the years.

“The financial impact is astounding, but I didn’t create the wealth of HealthONE,” he said, referencing the conversion that created The Colorado Health Foundation. “Seeing how much good is done by it and other conversion health foundations is very satisfying.”

In 2004, Kahn ramped up semi-retirement and took on a number of successful CCLP cases, including an action CCLP brought against the state when the then new Colorado Benefits Management System left thousands of Coloradans without access to health care, medications and food stamps. With Kahn taking on the role as the No. 2 litigator in the case, CCLP secured a settlement agreement requiring the state to intensify efforts and to meet benchmarks for timely and accurate processing of applications. The case helped thousands of applicants and provided millions of dollars of Medicaid and Food Stamp benefits.

More recently, Kahn and CCLP staff successfully made the case in front of Colorado’s Attorney General for preserving the full fair-market value of InnovAge, a nonprofit that converted to for-profit status. InnovAge provides community-based comprehensive care for people in need of long-term services and supports. In addition to securing $16 million additional dollars from InnovAge’s buyer, Kahn and CCLP maintained that assets from the conversion should benefit of Colorado’s frail elderly and disabled communities rather than being disbursed more widely. In her decision approving the conversion, Attorney General Cynthia Coffman concurred with CCLP and required InnovAge to fund an ombudsman to oversee the interests of InnovAge clients, and ordered that 80 percent of the company’s value remain in Colorado for the benefit of frail elderly and disabled Coloradans.

Ed remains “on call” to CCLP to consult on health care conversion cases. But, he says, “I don’t have the mindset that I’m indispensable for anything,” Kahn said.

While it seems that no one is truly “indispensable,” we are grateful for Kahn’s work for Colorado’s low-income families and for CCLP as well as other legal advocacy organizations that help people who otherwise couldn’t help themselves. That’s why we’ll be among those standing as he accepts his long-overdue Champion of Economic Justice Award on Oct. 6.

– By Bob Mook

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HEALTH:
HEALTH FIRST COLORADO (MEDICAID)

Health First Colorado is the name given to Colorado’s Medicaid program. Medicaid provides public, low-cost health insurance to qualifying adults and children. It is an entitlement program funded by the federal, state, and county governments and is administered by counties in Colorado. Those who are required to pay must pay a small co-pay when receiving certain health care services.

State Department: Department of Health Care Policy and Financing

Eligibility: Most adults 18 to 64 are eligible for Medicaid in Colorado if their household income is at or below 133% of the federal poverty limit (FPL). Pregnant women are eligible with incomes of up to 195% FPL, while children under 18 may be eligible if the live in a household with income at or below 142% FPL. Some adults over 65 may also be eligible for Medicaid.

Program Benefits: Through Medicaid, low-income Coloradans are eligible for a range of health care services at little to not cost. Services provided include doctors visits, prescription drugs, mental health services, and dental care. Co-pays for certain individuals may be needed for certain services.

Program Funding and Access: Colorado funds our Medicaid program through state and federal dollars. Medicaid is an entitlement program, which means that all who are eligible for Medicaid can access the program, regardless of the funding level in a given year. This does not mean that it is always easy to access Medicaid, even when eligible. And since the program is administered by counties, funding levels for county staff and other administrative roles can make it easier or harder for Coloradans to access the program. On top of this, not all medical providers accept Medicaid which limits the ability of Coloradans to seek health services even if enrolled, such as if the nearest provider is a 2+ hour drive away.

Note: This data is from before the pandemic and does not reflect changes in enrollment rules during the COVID-19 pandemic and public health emergency.

Statewide Program Access 2015-19: Over the study period of this report, an average of 89.0% of the population at or below 133% of FPL (i.e., the population who is likely to be eligible for Medicaid) were enrolled in Medicaid in Colorado.

FOOD SECURITY:
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

The Supplemental Nutrition Assistance Program or SNAP helps low-income Coloradans purchase food by providing individuals and families with a monthly cash benefit that can be used to buy certain foods. SNAP is an entitlement program that is funded by the federal and state governments and administered by counties in Colorado.

State Department: Department of Human Services

Eligibility: Currently, Coloradans qualify for SNAP if they have incomes below 200% FPL, are unemployed or work part-time or receive other forms of assistance such as TANF, among other eligibility criteria. Income eligibility for SNAP was different during the study period of this report than today—it was 130% FPL back in 2019 for example. The US Department of Agriculture uses the population at or below 125% FPL when calculating the Program Access Index (or PAI) for SNAP. We follow this practice in our analysis despite Colorado currently having a higher income eligibility threshold.

Program Benefits: SNAP participants receive a monthly SNAP benefit that is determined by the number of people in their household and their income. Benefit amounts decrease as income increases, helping households avoid a sudden loss of SNAP when their incomes increase, even by a minor amount. Benefits are provided to an Electronic Benefit Transfer (EBT) card that can be used to purchase eligible food items, such as fruits and vegetables; meat, poultry, and fish; dairy products; and breads and cereals. Other items, such as foods that are hot at their point of sale, are not allowable purchases under current SNAP rules.

Program Funding and Access: SNAP, like Medicaid, is a federal entitlement program. This means that Colorado must serve any Coloradan who is eligible for the program. As such, funding should not be a limit to how many Coloradans can be served by the program. However, funding for administration of SNAP at the state and county level can limit the ability of county human service departments to enroll those who are eligible. Other program rules and administrative barriers can make it difficult for Coloradans to receive the benefits they are legally entitled to receive.

Statewide Program Access 2015-19: Over the study period of this report, an average of 61.1% of the population at or below 125% of FPL (i.e., the population who is likely to be eligible for SNAP) were enrolled.

FOOD SECURITY:
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC)

The Special Supplemental Nutrition Program for Women, Infants, and Children, also know as WIC, provides healthcare and nutritional support to low-income Coloradans who are pregnant, recently pregnant, breastfeeding, and to children under 5 who are nutritionally at risk based on a nutrition assessment.

State Department: Department of Public Health and Environment

Eligibility: To participate in WIC you must be pregnant, pregnant in the last six months, breastfeeding a baby under 1 year of age, or a child under the age of 5. Coloradans do not need to be U.S. citizens to be eligible for WIC. In terms of income, households cannot have incomes that exceed 185% FPL. Families who are enrolled in SNAP, TANF, Food Distribution Program on Indian Reservations (FDPIR), or Medicaid are automatically eligible for WIC. Regardless of gender, any parents, foster parents, or caregivers are able to apply for and use WIC services for eligible children.

Program Benefits: WIC provides a range of services to young children and their parents. These include funds to purchase healthy, fresh foods; breastfeeding support; personalized nutrition education and shopping tips; and referrals to health care and other services participants may be eligible for.

Program Funding and Access: WIC is funded by the US Department of Agriculture. The state uses these federal funds to contract with local providers, known as WIC Clinics. In most cases, these are county public health agencies, but that is not the case in all Colorado counties. Some WIC Clinics cover multiple counties, while others are served by multiple clinics. Private non-profit providers are also eligible to be selected as a WIC Clinic.

Statewide Program Access 2015-17: Between 2015 and 2017, an average of 52.2% of the population eligible for WIC were enrolled in the program in Colorado.

Financial Security:
Colorado Works

Colorado Works is the name given to Colorado’s program for Temporary Assistance to Needy Families or TANF. It is an employment program that supports families with dependent children on their path to self-sufficiency. Participants can receive cash assistance, schooling, workforce development and skills training depending on the services available in their county.

State Department: Department of Human Services

Eligibility: In general, Coloradans are eligible to enroll in TANF if they are a resident of Colorado, have one or more children under the age of 18 or pregnant, and have very low or no income. For example, to be eligible to receive a basic cash assistance grant through TANF, a single-parent of one child could not earn more than $331 per month, with some exclusions—and would only receive $440 per month (as of 2022). That said, there are other services provided by counties through TANF that those with incomes as high as $75,000 may be eligible for. In addition to these, participants in TANF are required to work or be pursuing an eligible “work activity” or work-related activity. Any eligible individual can only receive assistance if they have not previously been enrolled in TANF for a cumulative amount of time of more than 60 months—this is a lifetime limit that does not reset. Counties may have additional requirements and offer benefits that are not available in other counties in Colorado.

Program Benefits:  While the exact benefits that one is eligible for under TANF can vary, all qualified participants are eligible to receive a monthly cash payment, call basic cash assistance. Other than cash assistance, counties are have a lot of choice in how to use their TANF funding; generally a use of TANF funds is appropriate so long as it advances one or more of the four purposes of the program: (1) provide assistance to needy families so that children can be cared for in their own homes or in the homes of their relatives; (2) end the dependence of needy families on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies; and (4) encourage the formation and maintenance of two-parent families.

It is important to note that those eligible for TANF are also eligible for many of the other programs we’ve included in this report, such as SNAP, Medicaid, and CCCAP.

Program Funding and Access: Colorado funds its TANF program through funds received from the federal government through the Temporary Assistance for Needy Families block grant. Most of the federal funds are allocated by the state to counties, which are required to provide a 20% match of state funding. Federal and state rules allow the state and counties to retain a portion of unspent funds in a TANF reserve.

Statewide Program Access 2015-19: Over the study period of this report, an average of 50.7% of the population at or below 100% of FPL (i.e., the population who is likely to be eligible for TANF) were enrolled in TANF in Colorado.

EARLY LEARNING:
COLORADO CHILD CARE ASSISTANCE PROGRAM (CCCAP)

The Colorado Child Care Assistance Program provides child care assistance to low-income families and caregivers living in Colorado in the form of reduced payments for child care. It is a program funded by the federal, state, and county governments and is administered by counties in Colorado. The share owed by parents/caregivers is determined on a sliding scale based on the family’s income.

State Department: Department of Early Childhood Education

Eligibility: Counties set eligibility for families separately, but must serve families with incomes at or below 185% of the Federal Poverty Limit. Families accepted to the program are no longer eligible once their income exceeds 85% of the state median income. Parents or caregivers must be employed, searching for work, or engaged in another approved activity to be eligible for CCCAP. Parents and caregivers enrolled in Colorado Works (Temporary Assistance to Needy Families or TANF) or in the child welfare system are also eligible to participate in CCCAP. Generally, CCCAP serves families with children under 13, although children as old as 19 may be eligible under certain circumstances.

Program Benefits: If a family is eligible for CCCAP and has income, they may likely have to pay a portion of their child’s or children’s child care costs each month. The amount that families owe is based on their gross income, number of household members, and the number of children in child care in the household. As such, households tend not to experience a benefit cliff with CCCAP when they see their incomes increase

Program Funding and Access: Colorado funds the CCCAP program using federal dollars it receives from the Child Care and Development Block Grant program. The state allocates federal and state funds to counties using a formula that takes into account factors like current caseloads and the number of eligible residents. Assistance is available until the county’s funds are spent, so the number of families that can be served is often a function of how much funding is available and the income and composition of the household that applies. It is not uncommon for counties to overspend or underspend their allocations of funds. The state reallocates unspent funds from counties who underspent to those who overspent. While underspending could indicate a problem with the way a county administers its CCCAP program, it could just as likely be a sign that there are few providers in the county who participate in CCCAP—or a lack of providers generally.

Statewide Program Access 2015-19: Over the study period of this report, an average of 10.8% of the population at or below 165% of FPL and younger than age 13 (i.e., the population who is likely to be eligible for CCCAP) were enrolled in CCCAP.

Housing:
HUD rental assistance programs

The US Department of Housing and Urban Development (HUD) has three housing assistance programs that we look at together: Housing Choice Vouchers (Section 8), Project-based Section 8, and Public Housing. In Colorado, these programs provided assistance to over 90% of the households who received federal housing assistance from all HUD programs. Through federally funded, local or regional public housing agencies (PHAs) are the agencies that administer these programs, through not all are available in all counties. These are not the only programs available in Colorado that assist households afford the cost of housing, such as units funded through federal and state tax credit programs.

State Department: Department of Local Affairs

Eligibility: Generally, households with incomes under 50% of the area median income (AMI) of the county they live in are eligible for these rental assistance programs, although PHAs have discretion to select households with incomes at higher percentages of AMI. That said, HUD requires that 75% of new vouchers issued through the Housing Choice Voucher/Section 8 program in a given year are targeted to households with incomes at or below 30% of AMI. PHAs are also able to create criteria that give priority to certain types of households who are on waiting lists for these programs.

Program Benefits: These rental assistance programs help households afford the cost of housing by reducing their housing costs to around 30% of their household income. In the case of the Housing Choice Voucher program, the PHA pays the voucher holder’s landlord the remaining portion of the rent.

Program Funding and Access: Funding and access are both challenges for these rental assistance programs. In addition to limitations on the number of public housing units or housing vouchers a PHA can manage or issue, lack of funding compared to the need constrains the ability of PHAs to assist low-income households. In 2020, Coloradans were on waitlists for Housing Choice Vouchers for an average of 17 months. Waitlists also exist for the other rental assistance programs.

Statewide Program Access 2015-19: Over the study period of this report, an average of 21.1% of renter households with incomes at or below 50% AMI (i.e., the population who is likely to be eligible for HUD rental assistance programs) were living in subsidized housing.