Kansas 2023-2024 Regular Session

Kansas House Bill HB2094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2094
2		-	AN ACT concerning public assistance; relating to child care assistance; non-cooperation
3		-	with child support; requiring the secretary to conduct reviews of cooperation;
4		-	requiring work registrants aged 50 through 59 to complete an employment and
5		-	training program to receive food assistance; amending K.S.A. 2022 Supp. 39-709 and
6		-	repealing the existing section.
	3	+	By Committee on Insurance
	4	+	1-19
	5	+	AN ACT concerning insurance; relating to health maintenance
	6	+	organizations and medicare provider organizations; applications for
	7	+	certificates of authority; specifying certain requirements necessary to
	8	+	demonstrate fiscal soundness; amending K.S.A. 40-3203 and repealing
	9	+	the existing section.
7	10		Be it enacted by the Legislature of the State of Kansas:
8		-	Section 1. K.S.A. 2022 Supp. 39-709 is hereby amended to read as
9		-	follows: 39-709. (a) General eligibility requirements for assistance for
10		-	which federal moneys are expended. Subject to the additional
11		-	requirements below, assistance in accordance with plans under which
12		-	federal moneys are expended may be granted to any needy person who:
13		-	(1) Has insufficient income or resources to provide a reasonable
14		-	subsistence compatible with decency and health. Where a husband and
15		-	wife or cohabiting partners are living together, the combined income or
16		-	resources of both shall be considered in determining the eligibility of
17		-	either or both for such assistance unless otherwise prohibited by law.
18		-	The secretary, in determining need of any applicant for or recipient of
19		-	assistance shall not take into account the financial responsibility of any
20		-	individual for any applicant or recipient of assistance unless such
21		-	applicant or recipient is such individual's spouse, cohabiting partner or
22		-	such individual's minor child or minor stepchild if the stepchild is
23		-	living with such individual. The secretary in determining need of an
24		-	individual may provide such income and resource exemptions as may
25		-	be permitted by federal law. For purposes of eligibility for temporary
26		-	assistance for needy families, for food assistance and for any other
27		-	assistance provided through the Kansas department for children and
28		-	families under which federal moneys are expended, the secretary for
29		-	children and families shall consider one motor vehicle owned by the
30		-	applicant for assistance, regardless of the value of such vehicle, as
31		-	exempt personal property and shall consider any equity in any boat,
32		-	personal water craft, recreational vehicle, recreational off-highway
33		-	vehicle or all-terrain vehicle, as defined by K.S.A. 8-126, and
34		-	amendments thereto, or any additional motor vehicle owned by the
35		-	applicant for assistance to be a nonexempt resource of the applicant for
36		-	assistance except that any additional motor vehicle used by the
37		-	applicant, the applicant's spouse or the applicant's cohabiting partner
38		-	for the primary purpose of earning income may be considered as
39		-	exempt personal property in the secretary's discretion; or
40		-	(2) is a citizen of the United States or is an alien lawfully admitted
41		-	to the United States and who is residing in the state of Kansas.
42		-	(b) Temporary assistance for needy families. Assistance may be
43		-	granted under this act to any dependent child, or relative, subject to the
44		-	general eligibility requirements as set out in subsection (a), who resides
45		-	in the state of Kansas or whose parent or other relative with whom the
46		-	child is living resides in the state of Kansas. Such assistance shall be
47		-	known as temporary assistance for needy families. Where the husband
48		-	and wife or cohabiting partners are living together, both shall register
49		-	for work under the program requirements for temporary assistance for
50		-	needy families in accordance with criteria and guidelines prescribed by
51		-	rules and regulations of the secretary.
52		-	(1) As used in this subsection, "family group" or "household"
53		-	means the applicant or recipient for TANF, child care subsidy or
54		-	employment services and all individuals living together in which there
55		-	is a relationship of legal responsibility or a qualifying caretaker
56		-	relationship. This will include a cohabiting boyfriend or girlfriend
57		-	living with the person legally responsible for the child. The family
58		-	group shall not be eligible for TANF if the family group contains at
59		-	least one adult member who has received TANF, including the federal
60		-	TANF assistance received in any other state, for 24 calendar months
61		-	beginning on and after October 1, 1996, unless the secretary determines
62		-	a hardship exists and grants an extension allowing receipt of TANF
63		-	until the 36-month limit is reached. No extension beyond 36 months
64		-	shall be granted. Hardship provisions for a recipient include:
65		-	(A) Is a caretaker of a disabled family member living in the HOUSE BILL No. 2094—page 2
66		-	household;
67		-	(B) has a disability that precludes employment on a long-term
68		-	basis or requires substantial rehabilitation;
69		-	(C) needs a time limit extension to overcome the effects of
70		-	domestic violence/sexual violence or sexual assault;
71		-	(D) is involved with prevention and protection services and has an
72		-	open social service plan; or
73		-	(E) is determined by the 24
74		-	th
75		-	month to have an extreme hardship
76		-	other than what is designated in criteria listed in subparagraphs (A)
77		-	through (D). This determination will be made by the executive review
78		-	team.
79		-	(2) All adults applying for TANF shall be required to complete a
80		-	work program assessment as specified by the Kansas department for
81		-	children and families, including those who have been disqualified for or
82		-	denied TANF due to non-cooperation, drug testing requirements or
83		-	fraud. Adults who are not otherwise eligible for TANF, such as
84		-	ineligible aliens, relative/non-relative caretakers and adults receiving
85		-	supplemental security income are not required to complete the
86		-	assessment process. During the application processing period,
87		-	applicants must complete at least one module or its equivalent of the
88		-	work program assessment to be considered eligible for TANF benefits,
89		-	unless good cause is found to be exempt from the requirements. Good
90		-	cause exemptions shall only include that the applicant:
91		-	(A) Can document an existing certification verifying completion
92		-	of the work program assessment;
93		-	(B) has a valid offer of employment or is employed a minimum of
94		-	20 hours a week;
95		-	(C) is a parenting teen without a GED or high school diploma;
96		-	(D) is enrolled in job corps;
97		-	(E) is working with a refugee social services agency; or
98		-	(F) has completed the work program assessment within the last 12
99		-	months.
100		-	(3) The Kansas department for children and families shall
101		-	maintain a sufficient level of dedicated work program staff to enable
102		-	the agency to conduct work program case management services to
103		-	TANF recipients in a timely manner and in full accordance with state
104		-	law and agency policy.
105		-	(4) (A) TANF mandatory work program applicants and recipients
106		-	shall participate in work components that lead to competitive,
107		-	integrated employment. Components are defined by the federal
108		-	government as being either primary or secondary.
109		-	(B) In order to meet federal work participation requirements,
110		-	households shall meet at least 30 hours of participation per week, at
111		-	least 20 hours of which shall be primary and at least 10 hours may be
112		-	secondary components in one parent households where the youngest
113		-	child is six years of age or older. Participation hours shall be 55 hours
114		-	in two parent households, 35 hours per week if child care is not used.
115		-	The maximum assignment is 40 hours per week per individual. For two
116		-	parent families to meet the federal work participation rate, both parents
117		-	shall participate in a combined total of 55 hours per week, 50 hours of
118		-	which shall be in primary components, or one or both parents could be
119		-	assigned a combined total of 35 hours per week, 30 hours of which
120		-	must be primary components, if the Kansas department for children and
121		-	families paid child care is not received by the family. Single parent
122		-	families with a child under age six meet the federal participation
123		-	requirement if the parent is engaged in work or work activities for at
124		-	least 20 hours per week in a primary work component.
125		-	(C) The following components meet federal definitions of primary
126		-	hours of participation: Full or part-time employment, apprenticeship,
127		-	work study, self-employment, job corps, subsidized employment, work
128		-	experience sites, on-the-job training, supervised community service,
129		-	vocational education, job search and job readiness. Secondary
130		-	components include: Job skills training, education directly related to
131		-	employment such as adult basic education and English as a second HOUSE BILL No. 2094—page 3
132		-	language, and completion of a high school diploma or GED.
133		-	(5) A parent or other adult caretaker personally providing care for
134		-	a child under the age of three months in their TANF household shall be
135		-	exempt from work participation activities until the month the child
136		-	attains three months of age. Such three-month limitation shall not apply
137		-	to a parent or other adult caretaker who is personally providing care for
138		-	a child born significantly premature, with serious medical conditions or
139		-	with a disability as defined by the secretary, in consultation with the
140		-	secretary of health and environment and adopted in the rules and
141		-	regulations. The three-month period is defined as two consecutive
142		-	months starting with the month after childbirth. The exemption for
143		-	caring for a child under three months cannot be claimed by:
144		-	(A) Either parent when two parents are in the home and the
145		-	household meets the two-parent definition for federal reporting
146		-	purposes;
147		-	(B) one parent or caretaker when the other parent or caretaker is in
148		-	the home, and available, capable and suitable to provide care and the
149		-	household does not meet the two-parent definition for federal reporting
150		-	purposes;
151		-	(C) a person age 19 or younger when such person is pregnant or a
152		-	parent of a child in the home and the person does not possess a high
153		-	school diploma or its equivalent. Such person shall become exempt the
154		-	month such person attains 20 years of age; or
155		-	(D) any person assigned to a work participation activity for
156		-	substance use disorders.
157		-	(6) TANF work experience placements shall be reviewed after 90
158		-	days and are limited to six months per 24-month lifetime limit. A
159		-	client's progress shall be reviewed prior to each new placement
160		-	regardless of the length of time they are at the work experience site.
161		-	(7) TANF participants with disabilities shall engage in required
162		-	employment activities to the maximum extent consistent with their
163		-	abilities. A TANF participant shall provide current documentation by a
164		-	qualified medical practitioner that details the ability to engage in
165		-	employment and any limitation in work activities along with the
166		-	expected duration of such limitations. Disability is defined as a physical
167		-	or mental impairment constituting or resulting in a substantial
168		-	impediment to employment for such individual.
169		-	(8) Non-cooperation is the failure of the applicant or recipient to
170		-	comply with all requirements provided in state and federal law, federal
171		-	and state rules and regulations and agency policy. The period of
172		-	ineligibility for TANF benefits based on non-cooperation, as defined in
173		-	K.S.A. 39-702, and amendments thereto, with work programs shall be
174		-	as follows, for a:
175		-	(A) First penalty, three months and full cooperation with work
176		-	program activities;
177		-	(B) second penalty, six months and full cooperation with work
178		-	program activities;
179		-	(C) third penalty, one year and full cooperation with work
180		-	program activities; and
181		-	(D) fourth or subsequent penalty, 10 years.
182		-	(9) Individuals who have not cooperated with TANF work
183		-	programs shall be ineligible to participate in the food assistance
184		-	program. The comparable penalty shall be applied to only the
185		-	individual in the food assistance program who failed to comply with the
186		-	TANF work requirement. The agency shall impose the same penalty to
187		-	the member of the household who failed to comply with TANF
188		-	requirements. The penalty periods are three months, six months, one
189		-	year, or 10 years.
190		-	(10) (A) Non-cooperation is the failure of the applicant or
191		-	recipient to comply with all requirements provided in state and federal
192		-	law, federal and state rules and regulations and agency policy. The
193		-	period of ineligibility for child care subsidy or TANF benefits based on
194		-	parents' non-cooperation, as defined in K.S.A. 39-702, and
195		-	amendments thereto, with child support services shall be as follows, for HOUSE BILL No. 2094—page 4
196		-	a:
197		-	(A)(i) First penalty, three months and cooperation with child
198		-	support services prior to regaining eligibility;
199		-	(B)(ii) second penalty, six months and cooperation with child
200		-	support services prior to regaining eligibility;
201		-	(C)(iii) third penalty, one year and cooperation with child support
202		-	services prior to regaining eligibility; and
203		-	(D)(iv) fourth penalty, 10 years.
204		-	(B) (i) The period of ineligibility for child care subsidy based on
205		-	parents' non-cooperation, as defined in K.S.A. 39-702, and
206		-	amendments thereto, with child support services shall be as follows, for
207		-	a:
208		-	(a) First penalty, three months and cooperation with child support
209		-	services prior to regaining eligibility;
210		-	(b) second penalty, six months and cooperation with child support
211		-	services prior to regaining eligibility;
212		-	(c) third penalty, one year and cooperation with child support
213		-	services prior to regaining eligibility; and
214		-	(d) fourth penalty, 10 years.
215		-	(ii) The secretary, or the secretary's designee, shall review child
216		-	support compliance of a parent:
217		-	(a) Upon application for child care subsidy;
218		-	(b) after 12 months of continuous eligibility for child care
219		-	subsidy; and
220		-	(c) following such 12 months of continuous eligibility when the
221		-	secretary renews or redetermines a parent's eligibility for child care
222		-	subsidy.
223		-	(11) Individuals who have not cooperated without good cause with
224		-	child support services shall be ineligible to participate in the food
225		-	assistance program. The period of disqualification ends once it has been
226		-	determined that such individual is cooperating with child support
227		-	services.
228		-	(12) (A) Any individual who is found to have committed fraud or
229		-	is found guilty of the crime of theft pursuant to K.S.A. 39-720, and
230		-	amendments thereto, and K.S.A. 2022 Supp. 21-5801, and amendments
231		-	thereto, in either the TANF or child care program shall render all adults
232		-	in the family unit ineligible for TANF assistance. Adults in the
233		-	household who have been determined to have committed fraud or were
234		-	convicted of the crime of theft pursuant to K.S.A. 39-720, and
235		-	amendments thereto, and K.S.A. 2022 Supp. 21-5801, and amendments
236		-	thereto, shall render themselves and all adult household members
237		-	ineligible for their lifetime for TANF, even if fraud was committed in
238		-	only one program. Households who have been determined to have
239		-	committed fraud or were convicted of the crime of theft pursuant to
240		-	K.S.A. 39-720, and amendments thereto, and K.S.A. 2022 Supp. 21-
241		-	5801, and amendments thereto, shall be required to name a protective
242		-	payee as approved by the secretary or the secretary's designee to
243		-	administer TANF benefits or food assistance on behalf of the children.
244		-	No adult in a household may have access to the TANF cash assistance
245		-	benefit.
246		-	(B) Any individual who has failed to cooperate with a fraud
247		-	investigation shall be ineligible to participate in the TANF cash
248		-	assistance program and the child care subsidy program until the Kansas
249		-	department for children and families determines that such individual is
250		-	cooperating with the fraud investigation. The Kansas department for
251		-	children and families shall maintain a sufficient level of fraud
252		-	investigative staff to enable the department to conduct fraud
253		-	investigations in a timely manner and in full accordance with state law
254		-	and department rules and regulations or policies.
255		-	(13) (A) Food assistance shall not be provided to any person
256		-	convicted of a felony offense occurring on or after July 1, 2015, that
257		-	includes as an element of such offense the manufacture, cultivation,
258		-	distribution, possession or use of a controlled substance or controlled
259		-	substance analog. For food assistance, the individual shall be HOUSE BILL No. 2094—page 5
260		-	permanently disqualified if such individual has been convicted of a
261		-	state or federal felony offense occurring on or after July 1, 2015,
262		-	involving possession or use of a controlled substance or controlled
263		-	substance analog.
264		-	(B) (i) Notwithstanding the provisions of subparagraph (A), an
265		-	individual shall be eligible for food assistance if the individual enrolls
266		-	in and participates in a drug treatment program approved by the
267		-	secretary, submits to and passes a drug test and agrees to submit to drug
268		-	testing if requested by the department pursuant to a drug testing plan.
269		-	(ii) An individual's failure to submit to testing or failure to
270		-	successfully pass a drug test shall result in ineligibility for food
271		-	assistance until a drug test is successfully passed. Failure to
272		-	successfully complete a drug treatment program shall result in
273		-	ineligibility for food assistance until a drug treatment plan approved by
274		-	the secretary is successfully completed, the individual passes a drug test
275		-	and agrees to submit to drug testing if requested by the department
276		-	pursuant to a drug testing plan.
277		-	(C) The provisions of subparagraph (B) shall not apply to any
278		-	individual who has been convicted for a second or subsequent felony
279		-	offense as provided in subparagraph (A).
280		-	(14) No TANF cash assistance shall be used to purchase alcohol,
281		-	cigarettes, tobacco products, lottery tickets, concert tickets, professional
282		-	or collegiate sporting event tickets or tickets for other entertainment
283		-	events intended for the general public or sexually oriented adult
284		-	materials. No TANF cash assistance shall be used in any retail liquor
285		-	store, casino, gaming establishment, jewelry store, tattoo parlor,
286		-	massage parlor, body piercing parlor, spa, nail salon, lingerie shop,
287		-	tobacco paraphernalia store, vapor cigarette store, psychic or fortune
288		-	telling business, bail bond company, video arcade, movie theater,
289		-	swimming pool, cruise ship, theme park, dog or horse racing facility,
290		-	parimutuel facility, or sexually oriented business or any retail
291		-	establishment that provides adult-oriented entertainment in which
292		-	performers disrobe or perform in an unclothed state for entertainment,
293		-	or in any business or retail establishment where minors under age 18
294		-	are not permitted. No TANF cash assistance shall be used for purchases
295		-	at points of sale outside the state of Kansas.
296		-	(15) (A) The secretary for children and families shall place a
297		-	photograph of the recipient, if agreed to by such recipient of public
298		-	assistance, on any Kansas benefits card issued by the Kansas
299		-	department for children and families that the recipient uses in obtaining
300		-	food, cash or any other services. When a recipient of public assistance
301		-	is a minor or otherwise incapacitated individual, a parent or legal
302		-	guardian of such recipient may have a photograph of such parent or
303		-	legal guardian placed on the card.
304		-	(B) Any Kansas benefits card with a photograph of a recipient
305		-	shall be valid for voting purposes as a public assistance identification
306		-	card in accordance with the provisions of K.S.A. 25-2908, and
307		-	amendments thereto.
308		-	(C) As used in this paragraph and its subparagraphs, "Kansas
309		-	benefits card" means any card issued to provide food assistance, cash
310		-	assistance or child care assistance, including, but not limited to, the
311		-	vision card, EBT card and Kansas benefits card.
312		-	(D) The Kansas department for children and families shall monitor
313		-	all recipient requests for a Kansas benefits card replacement and, upon
314		-	the fourth such request in a 12-month period, send a notice alerting the
315		-	recipient that the recipient's account is being monitored for potential
316		-	suspicious activity. If a recipient makes an additional request for
317		-	replacement subsequent to such notice, the department shall refer the
318		-	investigation to the department's fraud investigation unit.
319		-	(16) The secretary for children and families shall adopt rules and
320		-	regulations for:
321		-	(A) Determining eligibility for the child care subsidy program,
322		-	including an income of a cohabiting partner in a child care household;
323		-	and HOUSE BILL No. 2094—page 6
324		-	(B) determining and maintaining eligibility for non-TANF child
325		-	care, requiring that all included adults shall be employed a minimum of
326		-	20 hours per week or more as defined by the secretary or meet the
327		-	following specific qualifying exemptions:
328		-	(i) Adults who are not capable of meeting the requirement due to a
329		-	documented physical or mental condition;
330		-	(ii) adults who are former TANF recipients who need child care
331		-	for employment after their TANF case has closed and earned income is
332		-	a factor in the closure in the two months immediately following TANF
333		-	closure;
334		-	(iii) adult parents included in a case in which the only child
335		-	receiving benefits is the child of a minor parent who is working on
336		-	completion of high school or obtaining a GED;
337		-	(iv) adults who are participants in a food assistance employment
338		-	and training program;
339		-	(v) adults who are participants in an early head start child care
340		-	partnership program and are working or in school or training; or
341		-	(vi) adults who are caretakers of a child in custody of the secretary
342		-	in out-of-home placement needing child care.
343		-	The Kansas department for children and families shall provide child
344		-	care for the pursuit of any degree or certification if the occupation has
345		-	at least an average job outlook listed in the occupational outlook of the
346		-	United States department of labor, bureau of labor statistics. For
347		-	occupations with less than an average job outlook, educational plans
348		-	shall require approval of the secretary or secretary's designee. Child
349		-	care may also be approved if the student provides verification of a
350		-	specific job offer that will be available to such student upon completion
351		-	of the program. Child care for post-secondary education shall be
352		-	allowed for a lifetime maximum of 24 months per adult. The 24 months
353		-	may not have to be consecutive. Students shall be engaged in paid
354		-	employment for a minimum of 15 hours per week. In a two-parent
355		-	adult household, child care would not be allowed if both parents are
356		-	adults and attending a formal education or training program at the same
357		-	time. The household may choose which one of the parents is
358		-	participating as a post-secondary student. The other parent shall meet
359		-	another approvable criteria for child care subsidy.
360		-	(17) (A) The secretary for children and families is prohibited from
361		-	requesting or implementing a waiver or program from the United States
362		-	department of agriculture for the time limited assistance provisions for
363		-	able-bodied adults aged 18 through 49 without dependents in a
364		-	household under the food assistance program. The time on food
365		-	assistance for able-bodied adults aged 18 through 49 without
366		-	dependents in the household shall be limited to three months in a 36-
367		-	month period if such adults are not meeting the requirements imposed
368		-	by the U.S. department of agriculture that they must work for at least
369		-	20 hours per week or participate in a federally approved work program
370		-	or its equivalent.
371		-	(B) Each food assistance household member who is not otherwise
372		-	exempt from the following work requirements shall: Register for work;
373		-	participate in an employment and training program, if assigned to such
374		-	a program by the department; accept a suitable employment offer; and
375		-	not voluntarily quit a job of at least 30 hours per week.
376		-	(C) Any recipient who has not complied with the work
377		-	requirements under subparagraph (B) shall be ineligible to participate
378		-	in the food assistance program for the following time period and until
379		-	the recipient complies with such work requirements for a:
380		-	(i) First penalty, three months;
381		-	(ii) second penalty, six months; and
382		-	(iii) third penalty and any subsequent penalty, one year.
383		-	(D) The Kansas department for children and families shall assign
384		-	all individuals subject to the requirements established under 7 U.S.C. §
385		-	2015(d)(1) to an employment and training program as defined in 7
386		-	U.S.C. § 2015(d)(4). The provisions of this subparagraph shall only
387		-	apply to: HOUSE BILL No. 2094—page 7
388		-	(i) Able-bodied adults aged 18 through 49 without dependents;
389		-	and
390		-	(ii) work registrants aged 50 through 59 without dependents not
391		-	exempt from 7 U.S.C. § 2015(d)(2); and
392		-	(iii) individuals who are not employed at least 30 hours per week.
393		-	(18) Eligibility for the food assistance program shall be limited to
394		-	those individuals who are citizens or who meet qualified non-citizen
395		-	status as determined by United States department of agriculture. Non-
396		-	citizen individuals who are unable or unwilling to provide qualifying
397		-	immigrant documentation, as defined by the United States department
398		-	of agriculture, residing within a household shall not be included when
399		-	determining the household's size for the purposes of assigning a benefit
400		-	level to the household for food assistance or comparing the household's
401		-	monthly income with the income eligibility standards. The gross non-
402		-	exempt earned and unearned income and resources of disqualified
403		-	individuals shall be counted in its entirety as available to the remaining
404		-	household members.
405		-	(19) The secretary for children and families shall not enact the
406		-	state option from the United States department of agriculture for broad-
407		-	based categorical eligibility for households applying for food assistance
408		-	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
409		-	(20) No federal or state funds shall be used for television, radio or
410		-	billboard advertisements that are designed to promote food assistance
411		-	benefits and enrollment. No federal or state funding shall be used for
412		-	any agreements with foreign governments designed to promote food
413		-	assistance.
414		-	(21) (A) The secretary for children and families shall not apply
415		-	gross income standards for food assistance higher than the standards
416		-	specified in 7 U.S.C. § 2015(c) unless expressly required by federal
417		-	law. Categorical eligibility exempting households from such gross
418		-	income standards requirements shall not be granted for any non-cash,
419		-	in-kind or other benefit unless expressly required by federal law.
420		-	(B) The secretary for children and families shall not apply
421		-	resource limits standards for food assistance that are higher than the
422		-	standards specified in 7 U.S.C. § 2015(g)(1) unless expressly required
423		-	by federal law. Categorical eligibility exempting households from such
424		-	resource limits shall not be granted for any non-cash, in-kind or other
425		-	benefit unless expressly required by federal law.
426		-	(c) (1) The Kansas department for children and families shall
427		-	conduct an electronic check for any false information provided on an
428		-	application for TANF and other benefits programs administered by the
429		-	department. For TANF cash assistance, food assistance and the child
430		-	care subsidy program, the department shall verify the identity of all
431		-	adults in the assistance household.
432		-	(2) The department of administration shall provide monthly to the
433		-	Kansas department for children and families the social security
434		-	numbers or alternate taxpayer identification numbers of all persons who
435		-	claim a Kansas lottery prize in excess of $5,000 during the reported
436		-	month. The Kansas department for children and families shall verify if
437		-	individuals with such winnings are receiving TANF cash assistance,
438		-	food assistance or assistance under the child care subsidy program and
439		-	take appropriate action. The Kansas department for children and
440		-	families shall use data received under this subsection solely, and for no
441		-	other purpose, to determine if any recipient's eligibility for benefits has
442		-	been affected by lottery prize winnings. The Kansas department for
443		-	children and families shall not publicly disclose the identity of any
444		-	lottery prize winner, including recipients who are determined to have
445		-	illegally received benefits.
446		-	(d) Temporary assistance for needy families; assignment of
447		-	support rights and limited power of attorney. By applying for or
448		-	receiving temporary assistance for needy families such applicant or
449		-	recipient shall be deemed to have assigned to the secretary on behalf of
450		-	the state any accrued, present or future rights to support from any other
451		-	person such applicant may have in such person's own behalf or in HOUSE BILL No. 2094—page 8
452		-	behalf of any other family member for whom the applicant is applying
453		-	for or receiving aid. In any case in which an order for child support has
454		-	been established and the legal custodian and obligee under the order
455		-	surrenders physical custody of the child to a caretaker relative without
456		-	obtaining a modification of legal custody and support rights on behalf
457		-	of the child are assigned pursuant to this section, the surrender of
458		-	physical custody and the assignment shall transfer, by operation of law,
459		-	the child's support rights under the order to the secretary on behalf of
460		-	the state. Such assignment shall be of all accrued, present or future
461		-	rights to support of the child surrendered to the caretaker relative. The
462		-	assignment of support rights shall automatically become effective upon
463		-	the date of approval for or receipt of such aid without the requirement
464		-	that any document be signed by the applicant, recipient or obligee. By
465		-	applying for or receiving temporary assistance for needy families, or by
466		-	surrendering physical custody of a child to a caretaker relative who is
467		-	an applicant or recipient of such assistance on the child's behalf, the
468		-	applicant, recipient or obligee is also deemed to have appointed the
469		-	secretary, or the secretary's designee, as an attorney-in-fact to perform
470		-	the specific act of negotiating and endorsing all drafts, checks, money
471		-	orders or other negotiable instruments representing support payments
472		-	received by the secretary in behalf of any person applying for, receiving
473		-	or having received such assistance. This limited power of attorney shall
474		-	be effective from the date the secretary approves the application for aid
475		-	and shall remain in effect until the assignment of support rights has
476		-	been terminated in full.
477		-	(e) Requirements for medical assistance for which federal moneys
478		-	or state moneys or both are expended. (1) When the secretary has
479		-	adopted a medical care plan under which federal moneys or state
480		-	moneys or both are expended, medical assistance in accordance with
481		-	such plan shall be granted to any person who is a citizen of the United
482		-	States or who is an alien lawfully admitted to the United States and
483		-	who is residing in the state of Kansas, whose resources and income do
484		-	not exceed the levels prescribed by the secretary. In determining the
485		-	need of an individual, the secretary may provide for income and
486		-	resource exemptions and protected income and resource levels.
487		-	Resources from inheritance shall be counted. A disclaimer of an
488		-	inheritance pursuant to K.S.A. 59-2291, and amendments thereto, shall
489		-	constitute a transfer of resources. The secretary shall exempt principal
490		-	and interest held in irrevocable trust pursuant to K.S.A. 16-303(c), and
491		-	amendments thereto, from the eligibility requirements of applicants for
492		-	and recipients of medical assistance. Such assistance shall be known as
493		-	medical assistance.
494		-	(2) For the purposes of medical assistance eligibility
495		-	determinations on or after July 1, 2004, if an applicant or recipient
496		-	owns property in joint tenancy with some other party and the applicant
497		-	or recipient of medical assistance has restricted or conditioned their
498		-	interest in such property to a specific and discrete property interest less
499		-	than 100%, then such designation will cause the full value of the
500		-	property to be considered an available resource to the applicant or
501		-	recipient. Medical assistance eligibility for receipt of benefits under the
502		-	title XIX of the social security act, commonly known as medicaid, shall
503		-	not be expanded, as provided for in the patient protection and
504		-	affordable care act, public law 111-148, 124 stat. 119, and the health
505		-	care and education reconciliation act of 2010, public law 111-152, 124
506		-	stat. 1029, unless the legislature expressly consents to, and approves of,
507		-	the expansion of medicaid services by an act of the legislature.
508		-	(3) (A) Resources from trusts shall be considered when
509		-	determining eligibility of a trust beneficiary for medical assistance.
510		-	Medical assistance is to be secondary to all resources, including trusts,
511		-	that may be available to an applicant or recipient of medical assistance.
512		-	(B) If a trust has discretionary language, the trust shall be
513		-	considered to be an available resource to the extent, using the full
514		-	extent of discretion, the trustee may make any of the income or
515		-	principal available to the applicant or recipient of medical assistance. HOUSE BILL No. 2094—page 9
516		-	Any such discretionary trust shall be considered an available resource
517		-	unless:
518		-	(i) At the time of creation or amendment of the trust, the trust
519		-	states a clear intent that the trust is supplemental to public assistance;
520		-	and
521		-	(ii) the trust is funded:
522		-	(a) From resources of a person who, at the time of such funding,
523		-	owed no duty of support to the applicant or recipient of medical
524		-	assistance; or
525		-	(b) not more than nominally from resources of a person while that
526		-	person owed a duty of support to the applicant or recipient of medical
527		-	assistance.
528		-	(C) For the purposes of this paragraph, "public assistance"
529		-	includes, but is not limited to, medicaid, medical assistance or title XIX
530		-	of the social security act.
531		-	(4) (A) When an applicant or recipient of medical assistance is a
532		-	party to a contract, agreement or accord for personal services being
533		-	provided by a nonlicensed individual or provider and such contract,
534		-	agreement or accord involves health and welfare monitoring, pharmacy
535		-	assistance, case management, communication with medical, health or
536		-	other professionals, or other activities related to home health care, long
537		-	term care, medical assistance benefits, or other related issues, any
538		-	moneys paid under such contract, agreement or accord shall be
539		-	considered to be an available resource unless the following restrictions
540		-	are met:
541		-	(i) The contract, agreement or accord must be in writing and
542		-	executed prior to any services being provided;
543		-	(ii) the moneys paid are in direct relationship with the fair market
544		-	value of such services being provided by similarly situated and trained
545		-	nonlicensed individuals;
546		-	(iii) if no similarly situated nonlicensed individuals or situations
547		-	can be found, the value of services will be based on federal hourly
548		-	minimum wage standards;
549		-	(iv) such individual providing the services shall report all receipts
550		-	of moneys as income to the appropriate state and federal governmental
551		-	revenue agencies;
552		-	(v) any amounts due under such contract, agreement or accord
553		-	shall be paid after the services are rendered;
554		-	(vi) the applicant or recipient shall have the power to revoke the
555		-	contract, agreement or accord; and
556		-	(vii) upon the death of the applicant or recipient, the contract,
557		-	agreement or accord ceases.
558		-	(B) When an applicant or recipient of medical assistance is a party
559		-	to a written contract for personal services being provided by a licensed
560		-	health professional or facility and such contract involves health and
561		-	welfare monitoring, pharmacy assistance, case management,
562		-	communication with medical, health or other professionals, or other
563		-	activities related to home health care, long term care, medical
564		-	assistance benefits or other related issues, any moneys paid in advance
565		-	of receipt of services for such contracts shall be considered to be an
566		-	available resource.
567		-	(5) Any trust may be amended if such amendment is permitted by
568		-	the Kansas uniform trust code.
569		-	(f) Eligibility for medical assistance of resident receiving medical
570		-	care outside state. A person who is receiving medical care including
571		-	long-term care outside of Kansas whose health would be endangered by
572		-	the postponement of medical care until return to the state or by travel to
573		-	return to Kansas, may be determined eligible for medical assistance if
574		-	such individual is a resident of Kansas and all other eligibility factors
575		-	are met. Persons who are receiving medical care on an ongoing basis in
576		-	a long-term medical care facility in a state other than Kansas and who
577		-	do not return to a care facility in Kansas when they are able to do so,
578		-	shall no longer be eligible to receive assistance in Kansas unless such
579		-	medical care is not available in a comparable facility or program HOUSE BILL No. 2094—page 10
580		-	providing such medical care in Kansas. For persons who are minors or
581		-	who are under guardianship, the actions of the parent or guardian shall
582		-	be deemed to be the actions of the child or ward in determining whether
583		-	or not the person is remaining outside the state voluntarily.
584		-	(g) Medical assistance; assignment of rights to medical support
585		-	and limited power of attorney; recovery from estates of deceased
586		-	recipients. (1) (A) Except as otherwise provided in K.S.A. 39-786 and
587		-	39-787, and amendments thereto, or as otherwise authorized on and
588		-	after September 30, 1989, under section 303 of the federal medicare
589		-	catastrophic coverage act of 1988, whichever is applicable, by applying
590		-	for or receiving medical assistance under a medical care plan in which
591		-	federal funds are expended, any accrued, present or future rights to
592		-	support and any rights to payment for medical care from a third party of
593		-	an applicant or recipient and any other family member for whom the
594		-	applicant is applying shall be deemed to have been assigned to the
595		-	secretary on behalf of the state. The assignment shall automatically
596		-	become effective upon the date of approval for such assistance without
597		-	the requirement that any document be signed by the applicant or
598		-	recipient. By applying for or receiving medical assistance the applicant
599		-	or recipient is also deemed to have appointed the secretary, or the
600		-	secretary's designee, as an attorney-in-fact to perform the specific act of
601		-	negotiating and endorsing all drafts, checks, money orders or other
602		-	negotiable instruments, representing payments received by the
603		-	secretary in on behalf of any person applying for, receiving or having
604		-	received such assistance. This limited power of attorney shall be
605		-	effective from the date the secretary approves the application for
606		-	assistance and shall remain in effect until the assignment has been
607		-	terminated in full. The assignment of any rights to payment for medical
608		-	care from a third party under this subsection shall not prohibit a health
609		-	care provider from directly billing an insurance carrier for services
610		-	rendered if the provider has not submitted a claim covering such
611		-	services to the secretary for payment. Support amounts collected on
612		-	behalf of persons whose rights to support are assigned to the secretary
613		-	only under this subsection and no other shall be distributed pursuant to
614		-	K.S.A. 39-756(d), and amendments thereto, except that any amounts
615		-	designated as medical support shall be retained by the secretary for
616		-	repayment of the unreimbursed portion of assistance. Amounts
617		-	collected pursuant to the assignment of rights to payment for medical
618		-	care from a third party shall also be retained by the secretary for
619		-	repayment of the unreimbursed portion of assistance.
620		-	(B) Notwithstanding the provisions of subparagraph (A), the
621		-	secretary of health and environment, or the secretary's designee, is
622		-	hereby authorized to and shall exercise any of the powers specified in
623		-	subparagraph (A) in relation to performance of such secretary's duties
624		-	pertaining to medical subrogation, estate recovery or any other duties
625		-	assigned to such secretary in article 74 of chapter 75 of the Kansas
626		-	Statutes Annotated, and amendments thereto.
627		-	(2) The amount of any medical assistance paid after June 30,
628		-	1992, under the provisions of subsection (e) is a claim against the
629		-	property or any interest therein belonging to and a part of the estate of
630		-	any deceased recipient or, if there is no estate, the estate of the
631		-	surviving spouse, if any, shall be charged for such medical assistance
632		-	paid to either or both and a claim against any funds of such recipient or
633		-	spouse in any account under K.S.A. 9-1215, 17-2263 or 17-2264, and
634		-	amendments thereto. There shall be no recovery of medical assistance
635		-	correctly paid to or on behalf of an individual under subsection (e)
636		-	except after the death of the surviving spouse of the individual, if any,
637		-	and only at a time when the individual has no surviving child who is
638		-	under 21 years of age or is blind or permanently and totally disabled.
639		-	Transfers of real or personal property by recipients of medical
640		-	assistance without adequate consideration are voidable and may be set
641		-	aside. Except where there is a surviving spouse, or a surviving child
642		-	who is under 21 years of age or is blind or permanently and totally
643		-	disabled, the amount of any medical assistance paid under subsection HOUSE BILL No. 2094—page 11
644		-	(e) is a claim against the estate in any guardianship or conservatorship
645		-	proceeding. The monetary value of any benefits received by the
646		-	recipient of such medical assistance under long-term care insurance, as
647		-	defined by K.S.A. 40-2227, and amendments thereto, shall be a credit
648		-	against the amount of the claim provided for such medical assistance
649		-	under this subsection. The secretary of health and environment is
650		-	authorized to enforce each claim provided for under this subsection.
651		-	The secretary of health and environment shall not be required to pursue
652		-	every claim, but is granted discretion to determine which claims to
653		-	pursue. All moneys received by the secretary of health and environment
654		-	from claims under this subsection shall be deposited in the social
655		-	welfare fund. The secretary of health and environment may adopt rules
656		-	and regulations for the implementation and administration of the
657		-	medical assistance recovery program under this subsection.
658		-	(3) By applying for or receiving medical assistance under the
659		-	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated,
660		-	and amendments thereto, such individual or such individual's agent,
661		-	fiduciary, guardian, conservator, representative payee or other person
662		-	acting on behalf of the individual consents to the following definitions
663		-	of estate and the results therefrom:
664		-	(A) If an individual receives any medical assistance before July 1,
665		-	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes
666		-	Annotated, and amendments thereto, which forms the basis for a claim
667		-	under paragraph (2), such claim is limited to the individual's probatable
668		-	estate as defined by applicable law; and
669		-	(B) if an individual receives any medical assistance on or after
670		-	July 1, 2004, pursuant to article 7 of chapter 39 of the Kansas Statutes
671		-	Annotated, and amendments thereto, which forms the basis for a claim
672		-	under paragraph (2), such claim shall apply to the individual's medical
673		-	assistance estate. The medical assistance estate is defined as including
674		-	all real and personal property and other assets in which the deceased
675		-	individual had any legal title or interest immediately before or at the
676		-	time of death to the extent of that interest or title. The medical
677		-	assistance estate includes without limitation, assets conveyed to a
678		-	survivor, heir or assign of the deceased recipient through joint tenancy,
679		-	tenancy in common, survivorship, transfer-on-death deed, payable-on-
680		-	death contract, life estate, trust, annuities or similar arrangement.
681		-	(4) The secretary of health and environment or the secretary's
682		-	designee is authorized to file and enforce a lien against the real
683		-	property of a recipient of medical assistance in certain situations,
684		-	subject to all prior liens of record and transfers for value to a bona fide
685		-	purchaser of record. The lien must be filed in the office of the register
686		-	of deeds of the county where the real property is located within one
687		-	year from the date of death of the recipient and must contain the legal
688		-	description of all real property in the county subject to the lien.
689		-	(A) After the death of a recipient of medical assistance, the
690		-	secretary of health and environment or the secretary's designee may
691		-	place a lien on any interest in real property owned by such recipient.
692		-	(B) The secretary of health and environment or the secretary's
693		-	designee may place a lien on any interest in real property owned by a
694		-	recipient of medical assistance during the lifetime of such recipient.
695		-	Such lien may be filed only after notice and an opportunity for a
696		-	hearing has been given. Such lien may be enforced only upon
697		-	competent medical testimony that the recipient cannot reasonably be
698		-	expected to be discharged and returned home. A six-month period of
699		-	compensated inpatient care at a nursing home or other medical
700		-	institution shall constitute a determination by the department of health
701		-	and environment that the recipient cannot reasonably be expected to be
702		-	discharged and returned home. To return home means the recipient
703		-	leaves the nursing or medical facility and resides in the home on which
704		-	the lien has been placed for a continuous period of at least 90 days
705		-	without being readmitted as an inpatient to a nursing or medical
706		-	facility. The amount of the lien shall be for the amount of assistance
707		-	paid by the department of health and environment until the time of the HOUSE BILL No. 2094—page 12
708		-	filing of the lien and for any amount paid thereafter for such medical
709		-	assistance to the recipient. After the lien is filed against any real
710		-	property owned by the recipient, such lien will be dissolved if the
711		-	recipient is discharged, returns home and resides upon the real property
712		-	to which the lien is attached for a continuous period of at least 90 days
713		-	without being readmitted as an inpatient to a nursing or medical
714		-	facility. If the recipient is readmitted as an inpatient to a nursing or
715		-	medical facility for a continuous period of less than 90 days, another
716		-	continuous period of at least 90 days shall be completed prior to
717		-	dissolution of the lien.
718		-	(5) The lien filed by the secretary of health and environment or the
719		-	secretary's designee for medical assistance correctly received may be
720		-	enforced before or after the death of the recipient by the filing of an
721		-	action to foreclose such lien in the Kansas district court or through an
722		-	estate probate court action in the county where the real property of the
723		-	recipient is located. However, it may be enforced only:
724		-	(A) After the death of the surviving spouse of the recipient;
725		-	(B) when there is no child of the recipient, natural or adopted, who
726		-	is 20 years of age or less residing in the home;
727		-	(C) when there is no adult child of the recipient, natural or
728		-	adopted, who is blind or disabled residing in the home; or
729		-	(D) when no brother or sister of the recipient is lawfully residing
730		-	in the home, who has resided there for at least one year immediately
731		-	before the date of the recipient's admission to the nursing or medical
732		-	facility, and has resided there on a continuous basis since that time.
733		-	(6) The lien remains on the property even after a transfer of the
734		-	title by conveyance, sale, succession, inheritance or will unless one of
735		-	the following events occur:
736		-	(A) The lien is satisfied. The recipient, the heirs, personal
737		-	representative or assigns of the recipient may discharge such lien at any
738		-	time by paying the amount of the lien to the secretary of health and
739		-	environment or the secretary's designee;
740		-	(B) the lien is terminated by foreclosure of prior lien of record or
741		-	settlement action taken in lieu of foreclosure; or
742		-	(C) the value of the real property is consumed by the lien, at
743		-	which time the secretary of health and environment or the secretary's
744		-	designee may force the sale for the real property to satisfy the lien.
745		-	(7) If the secretary for aging and disability services or the
746		-	secretary of health and environment, or both, or such secretary's
747		-	designee has not filed an action to foreclose the lien in the Kansas
748		-	district court in the county where the real property is located within 10
749		-	years from the date of the filing of the lien, then the lien shall become
750		-	dormant, and shall cease to operate as a lien on the real estate of the
751		-	recipient. Such dormant lien may be revived in the same manner as a
752		-	dormant judgment lien is revived under K.S.A. 60-2403 et seq., and
753		-	amendments thereto.
754		-	(8) Within seven days of receipt of notice by the secretary for
755		-	children and families or the secretary's designee of the death of a
756		-	recipient of medical assistance under this subsection, the secretary for
757		-	children and families or the secretary's designee shall give notice of
758		-	such recipient's death to the secretary of health and environment or the
759		-	secretary's designee.
760		-	(9) All rules and regulations adopted on and after July 1, 2013,
761		-	and prior to July 1, 2014, to implement this subsection shall continue to
762		-	be effective and shall be deemed to be duly adopted rules and
763		-	regulations of the secretary of health and environment until revised,
764		-	amended, revoked or nullified pursuant to law.
765		-	(h) Placement under the revised Kansas code for care of children
766		-	or revised Kansas juvenile justice code; assignment of support rights
767		-	and limited power of attorney. In any case in which the secretary for
768		-	children and families pays for the expenses of care and custody of a
769		-	child pursuant to K.S.A. 38-2201 et seq. or 38-2301 et seq., and
770		-	amendments thereto, including the expenses of any foster care
771		-	placement, an assignment of all past, present and future support rights HOUSE BILL No. 2094—page 13
772		-	of the child in custody possessed by either parent or other person
773		-	entitled to receive support payments for the child is, by operation of
774		-	law, conveyed to the secretary. Such assignment shall become effective
775		-	upon placement of a child in the custody of the secretary or upon
776		-	payment of the expenses of care and custody of a child by the secretary
777		-	without the requirement that any document be signed by the parent or
778		-	other person entitled to receive support payments for the child. When
779		-	the secretary pays for the expenses of care and custody of a child or a
780		-	child is placed in the custody of the secretary, the parent or other person
781		-	entitled to receive support payments for the child is also deemed to
782		-	have appointed the secretary, or the secretary's designee, as attorney in
783		-	fact to perform the specific act of negotiating and endorsing all drafts,
784		-	checks, money orders or other negotiable instruments representing
785		-	support payments received by the secretary on behalf of the child. This
786		-	limited power of attorney shall be effective from the date the
787		-	assignment to support rights becomes effective and shall remain in
788		-	effect until the assignment of support rights has been terminated in full.
789		-	(i) No person who voluntarily quits employment or who is fired
790		-	from employment due to gross misconduct as defined by rules and
791		-	regulations of the secretary or who is a fugitive from justice by reason
792		-	of a felony conviction or charge or violation of a condition of probation
793		-	or parole imposed under federal or state law shall be eligible to receive
794		-	public assistance benefits in this state. Any recipient of public
795		-	assistance who fails to timely comply with monthly reporting
796		-	requirements under criteria and guidelines prescribed by rules and
797		-	regulations of the secretary shall be subject to a penalty established by
798		-	the secretary by rules and regulations.
799		-	(j) If the applicant or recipient of temporary assistance for needy
800		-	families is a mother of the dependent child, as a condition of the
801		-	mother's eligibility for temporary assistance for needy families the
802		-	mother shall identify by name and, if known, by current address the
803		-	father of the dependent child except that the secretary may adopt by
804		-	rules and regulations exceptions to this requirement in cases of undue
805		-	hardship. Any recipient of temporary assistance for needy families who
806		-	fails to cooperate with requirements relating to child support services
807		-	under criteria and guidelines prescribed by rules and regulations of the
808		-	secretary shall be subject to a penalty established by the secretary.
809		-	(k) By applying for or receiving child care benefits subsidy or
810		-	food assistance, the applicant or recipient shall be deemed to have
811		-	assigned, pursuant to K.S.A. 39-756, and amendments thereto, to the
812		-	secretary on behalf of the state only accrued, present or future rights to
813		-	support from any other person such applicant may have in such
814		-	person's own behalf or in behalf of any other family member for whom
815		-	the applicant is applying for or receiving aid. The assignment of
816		-	support rights shall automatically become effective upon the date of
817		-	approval for or receipt of such aid without the requirement that any
818		-	document be signed by the applicant or recipient. By applying for or
819		-	receiving child care benefits subsidy or food assistance, the applicant or
820		-	recipient is also deemed to have appointed the secretary, or the
821		-	secretary's designee, as an attorney in fact to perform the specific act of
822		-	negotiating and endorsing all drafts, checks, money orders or other
823		-	negotiable instruments representing support payments received by the
824		-	secretary in behalf of any person applying for, receiving or having
825		-	received such assistance. This limited power of attorney shall be
826		-	effective from the date the secretary approves the application for aid
827		-	and shall remain in effect until the assignment of support rights has
828		-	been terminated in full. An applicant or recipient who has assigned
829		-	support rights to the secretary pursuant to this subsection shall
830		-	cooperate in establishing and enforcing support obligations to the same
831		-	extent required of applicants for or recipients of temporary assistance
832		-	for needy families.
833		-	(l) (1) A program of drug screening for applicants for cash
834		-	assistance as a condition of eligibility for cash assistance and persons
835		-	receiving cash assistance as a condition of continued receipt of cash HOUSE BILL No. 2094—page 14
836		-	assistance shall be established, subject to applicable federal law, by the
837		-	secretary for children and families on and before January 1, 2014.
838		-	Under such program of drug screening, the secretary for children and
839		-	families shall order a drug screening of an applicant for or a recipient of
840		-	cash assistance at any time when reasonable suspicion exists that such
841		-	applicant for or recipient of cash assistance is unlawfully using a
842		-	controlled substance or controlled substance analog. The secretary for
843		-	children and families may use any information obtained by the
844		-	secretary for children and families to determine whether such
845		-	reasonable suspicion exists, including, but not limited to, an applicant's
846		-	or recipient's demeanor, missed appointments and arrest or other police
847		-	records, previous employment or application for employment in an
848		-	occupation or industry that regularly conducts drug screening,
849		-	termination from previous employment due to unlawful use of a
850		-	controlled substance or controlled substance analog or prior drug
851		-	screening records of the applicant or recipient indicating unlawful use
852		-	of a controlled substance or controlled substance analog.
853		-	(2) Any applicant for or recipient of cash assistance whose drug
854		-	screening results in a positive test may request that the drug screening
855		-	specimen be sent to a different drug testing facility for an additional
856		-	drug screening. Any applicant for or recipient of cash assistance who
857		-	requests an additional drug screening at a different drug testing facility
858		-	shall be required to pay the cost of drug screening. Such applicant or
859		-	recipient who took the additional drug screening and who tested
860		-	negative for unlawful use of a controlled substance and controlled
861		-	substance analog shall be reimbursed for the cost of such additional
862		-	drug screening.
863		-	(3) Any applicant for or recipient of cash assistance who tests
864		-	positive for unlawful use of a controlled substance or controlled
865		-	substance analog shall be required to complete a substance abuse
866		-	treatment program approved by the secretary for children and families,
867		-	secretary of labor or secretary of commerce, and a job skills program
868		-	approved by the secretary for children and families, secretary of labor
869		-	or secretary of commerce. Subject to applicable federal laws, any
870		-	applicant for or recipient of cash assistance who fails to complete or
871		-	refuses to participate in the substance abuse treatment program or job
872		-	skills program as required under this subsection shall be ineligible to
873		-	receive cash assistance until completion of such substance abuse
874		-	treatment and job skills programs. Upon completion of both substance
875		-	abuse treatment and job skills programs, such applicant for or recipient
876		-	of cash assistance may be subject to periodic drug screening, as
877		-	determined by the secretary for children and families. Upon a second
878		-	positive test for unlawful use of a controlled substance or controlled
879		-	substance analog, a recipient of cash assistance shall be ordered to
880		-	complete again a substance abuse treatment program and job skills
881		-	program, and shall be terminated from cash assistance for a period of
882		-	12 months, or until such recipient of cash assistance completes both
883		-	substance abuse treatment and job skills programs, whichever is later.
884		-	Upon a third positive test for unlawful use of a controlled substance or
885		-	controlled substance analog, a recipient of cash assistance shall be
886		-	terminated from cash assistance, subject to applicable federal law.
887		-	(4) If an applicant for or recipient of cash assistance is ineligible
888		-	for or terminated from cash assistance as a result of a positive test for
889		-	unlawful use of a controlled substance or controlled substance analog,
890		-	and such applicant for or recipient of cash assistance is the parent or
891		-	legal guardian of a minor child, an appropriate protective payee shall be
892		-	designated to receive cash assistance on behalf of such child. Such
893		-	parent or legal guardian of the minor child may choose to designate an
894		-	individual to receive cash assistance for such parent's or legal
895		-	guardian's minor child, as approved by the secretary for children and
896		-	families. Prior to the designated individual receiving any cash
897		-	assistance, the secretary for children and families shall review whether
898		-	reasonable suspicion exists that such designated individual is
899		-	unlawfully using a controlled substance or controlled substance analog. HOUSE BILL No. 2094—page 15
900		-	(A) In addition, any individual designated to receive cash
901		-	assistance on behalf of an eligible minor child shall be subject to drug
902		-	screening at any time when reasonable suspicion exists that such
903		-	designated individual is unlawfully using a controlled substance or
904		-	controlled substance analog. The secretary for children and families
905		-	may use any information obtained by the secretary for children and
906		-	families to determine whether such reasonable suspicion exists,
907		-	including, but not limited to, the designated individual's demeanor,
908		-	missed appointments and arrest or other police records, previous
909		-	employment or application for employment in an occupation or
910		-	industry that regularly conducts drug screening, termination from
911		-	previous employment due to unlawful use of a controlled substance or
912		-	controlled substance analog or prior drug screening records of the
913		-	designated individual indicating unlawful use of a controlled substance
914		-	or controlled substance analog.
915		-	(B) Any designated individual whose drug screening results in a
916		-	positive test may request that the drug screening specimen be sent to a
917		-	different drug testing facility for an additional drug screening. Any
918		-	designated individual who requests an additional drug screening at a
919		-	different drug testing facility shall be required to pay the cost of drug
920		-	screening. Such designated individual who took the additional drug
921		-	screening and who tested negative for unlawful use of a controlled
922		-	substance and controlled substance analog shall be reimbursed for the
923		-	cost of such additional drug screening.
924		-	(C) Upon any positive test for unlawful use of a controlled
925		-	substance or controlled substance analog, the designated individual
926		-	shall not receive cash assistance on behalf of the parent's or legal
927		-	guardian's minor child, and another designated individual shall be
928		-	selected by the secretary for children and families to receive cash
929		-	assistance on behalf of such parent's or legal guardian's minor child.
930		-	(5) If a person has been convicted under federal or state law of any
931		-	offense that is classified as a felony by the law of the jurisdiction and
932		-	has as an element of such offense the manufacture, cultivation,
933		-	distribution, possession or use of a controlled substance or controlled
934		-	substance analog, and the date of conviction is on or after July 1, 2013,
935		-	such person shall thereby become forever ineligible to receive any cash
936		-	assistance under this subsection unless such conviction is the person's
937		-	first conviction. First-time offenders convicted under federal or state
938		-	law of any offense that is classified as a felony by the law of the
939		-	jurisdiction and has as an element of such offense the manufacture,
940		-	cultivation, distribution, possession or use of a controlled substance or
941		-	controlled substance analog, and the date of conviction is on or after
942		-	July 1, 2013, such person shall become ineligible to receive cash
943		-	assistance for five years from the date of conviction.
944		-	(6) Except for hearings before the Kansas department for children
945		-	and families or, the results of any drug screening administered as part
946		-	of the drug screening program authorized by this subsection shall be
947		-	confidential and shall not be disclosed publicly.
948		-	(7) The secretary for children and families may adopt such rules
949		-	and regulations as are necessary to carry out the provisions of this
950		-	subsection.
951		-	(8) Any authority granted to the secretary for children and families
952		-	under this subsection shall be in addition to any other penalties
953		-	prescribed by law.
954		-	(9) As used in this subsection:
955		-	(A) "Cash assistance" means cash assistance provided to
956		-	individuals under the provisions of article 7 of chapter 39 of the Kansas
957		-	Statutes Annotated, and amendments thereto, and any rules and
958		-	regulations adopted pursuant to such provisions.
959		-	(B) "Controlled substance" means the same as in K.S.A. 2022
960		-	Supp. 21-5701, and amendments thereto, and 21 U.S.C. § 802.
961		-	(C) "Controlled substance analog" means the same as in K.S.A.
962		-	2022 Supp. 21-5701, and amendments thereto. HOUSE BILL No. 2094—page 16
963		-	Sec. 2. K.S.A. 2022 Supp. 39-709 is hereby repealed.
	11	+	Section 1. K.S.A. 40-3203 is hereby amended to read as follows: 40-
	12	+	3203. (a) Except as otherwise provided by this act, it shall be unlawful for
	13	+	any person to provide health care healthcare services in the manner
	14	+	prescribed in subsection (n) or subsection (r) of K.S.A. 40-3202(n) or (r),
	15	+	and amendments thereto, without first obtaining a certificate of authority
	16	+	from the commissioner.
	17	+	(b) Applications for a certificate of authority shall be made in the
	18	+	form required by the commissioner and shall be verified by an officer or
	19	+	authorized representative of the applicant and shall set forth or be
	20	+	accompanied by:
	21	+	(1) A copy of the basic organizational documents of the applicant
	22	+	such as articles of incorporation, partnership agreements, trust agreements
	23	+	or other applicable documents;
	24	+	(2) a copy of the bylaws, regulations or similar document, if any,
	25	+	regulating the conduct of the internal affairs of the applicant;
	26	+	(3) a list of the names, addresses, official capacity with the
	27	+	organization and biographical information for all of the persons who are to
	28	+	be responsible for the conduct of its affairs, including all members of the
	29	+	governing body, the officers and directors in the case of a corporation and
	30	+	the partners or members in the case of a partnership or corporation;
	31	+	(4) a sample or representative copy of any contract or agreement
	32	+	made or to be made between the health maintenance organization or
	33	+	medicare provider organization and any class of providers and a copy of
	34	+	any contract made or agreement made or to be made, excluding individual
	35	+	employment contracts or agreements, between third party administrators,
	36	+	marketing consultants or persons listed in subsection paragraph (3) and
	37	+	the health maintenance organization or medicare provider organization;
	38	+	(5) a statement generally describing the organization, its enrollment
	39	+	process, its operation, its quality assurance mechanism, its internal
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	76	+	grievance procedures, in the case of a health maintenance organization the
	77	+	methods it proposes to use to offer its enrollees an opportunity to
	78	+	participate in matters of policy and operation, the geographic area or areas
	79	+	to be served, the location and hours of operation of the facilities at which
	80	+	health care healthcare services will be regularly available to enrollees in
	81	+	the case of staff and group practices, the type and specialty of health care
	82	+	healthcare personnel and the number of personnel in each specialty
	83	+	category engaged to provide health care healthcare services in the case of
	84	+	staff and group practices, and a records system providing documentation
	85	+	of utilization rates for enrollees. In cases other than staff and group
	86	+	practices, the organization shall provide a list of names, addresses and
	87	+	telephone numbers of providers by specialty;
	88	+	(6) copies of all contract forms the organization proposes to offer
	89	+	enrollees together with a table of rates to be charged;
	90	+	(7) the following statements of the fiscal soundness of the
	91	+	organization:
	92	+	(A) Descriptions of financing arrangements for operational deficits
	93	+	and for developmental costs if operational one year or less;
	94	+	(B) a copy of the most recent unaudited financial statements of the
	95	+	health maintenance organization or medicare provider organization;
	96	+	(C) financial projections in conformity with statutory accounting
	97	+	practices prescribed or otherwise permitted by the department of insurance
	98	+	of the state of domicile for a minimum of three years from the anticipated
	99	+	date of certification and on a monthly basis from the date of certification
	100	+	through one year from the date of application. If the health maintenance
	101	+	organization or medicare provider organization is expected to incur a
	102	+	deficit, projections shall be made for each deficit year and for one year
	103	+	thereafter, up to a maximum of five years. All financial projections shall
	104	+	include:
	105	+	(i) Monthly statements of revenue and expense for the first year on a
	106	+	gross dollar as well as per-member-per-month basis, with quarters
	107	+	consistent with standard calendar year quarters;
	108	+	(ii) quarterly Statements of revenue and expense for each subsequent
	109	+	year;
	110	+	(iii)(ii) a quarterly balance sheet for each year; and
	111	+	(iv)(iii) a statement and justification of assumptions;
	112	+	(8) a description of the procedure to be utilized by a health
	113	+	maintenance organization or medicare provider organization to provide
	114	+	for:
	115	+	(A) Offering enrollees an opportunity to participate in matters of
	116	+	policy and operation of a health maintenance organization;
	117	+	(B) monitoring of the quality of care provided by such organization
	118	+	including, as a minimum, peer review; and
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	162	+	(C) resolving complaints and grievances initiated by enrollees;
	163	+	(9) a written irrevocable consent duly executed by such applicant, if
	164	+	the applicant is a nonresident, appointing the commissioner as the person
	165	+	upon whom lawful process in any legal action against such organization on
	166	+	any cause of action arising in this state may be served and that such
	167	+	service of process shall be valid and binding in the same extent as if
	168	+	personal service had been had and obtained upon said nonresident in this
	169	+	state;
	170	+	(10) a plan, in the case of group or staff practices, that will provide
	171	+	for maintaining a medical records system which that is adequate to provide
	172	+	an accurate documentation of utilization by every enrollee, such system to
	173	+	identify clearly, at a minimum, each patient by name, age and sex and to
	174	+	indicate clearly the services provided, when, where, and by whom, the
	175	+	diagnosis, treatment and drug therapy, and in all other cases, evidence that
	176	+	contracts with providers require that similar medical records systems be in
	177	+	place;
	178	+	(11) evidence of adequate insurance coverage or an adequate plan for
	179	+	self-insurance to respond to claims for injuries arising out of the furnishing
	180	+	of health care healthcare;
	181	+	(12) such other information as may be required by the commissioner
	182	+	to make the determinations required by K.S.A. 40-3204, and amendments
	183	+	thereto; and
	184	+	(13) in lieu of any of the application requirements imposed by this
	185	+	section on a medicare provider organization, the commissioner may accept
	186	+	any report or application filed by the medicare provider organization with
	187	+	the appropriate examining agency or official of another state or agency of
	188	+	the federal government.
	189	+	(c) The commissioner may promulgate rules and regulations the
	190	+	commissioner deems necessary to the proper administration of this act to
	191	+	require a health maintenance organization or medicare provider
	192	+	organization, subsequent to receiving its certificate of authority to submit
	193	+	the information, modifications or amendments to the items described in
	194	+	subsection (b) to the commissioner prior to the effectuation of the
	195	+	modification or amendment or to require the health maintenance
	196	+	organization to indicate the modifications to the commissioner. Any
	197	+	modification or amendment for which the approval of the commissioner is
	198	+	required shall be deemed approved unless disapproved within 30 days,
	199	+	except the commissioner may postpone the action for such further time,
	200	+	not exceeding an additional 30 days, as necessary for proper consideration.
	201	+	Sec. 2. K.S.A. 40-3203 is hereby repealed.
964	202		Sec. 3. This act shall take effect and be in force from and after its
965	203		publication in the statute book.
966		-	I hereby certify that the above BILL originated in the
967		-	HOUSE, and was adopted by that body
968		-
969		-	HOUSE adopted
970		-	Conference Committee Report
971		-
972		-	Speaker of the House.
973		-
974		-	Chief Clerk of the House.
975		-	Passed the SENATE
976		-	as amended
977		-	SENATE adopted
978		-	Conference Committee Report
979		-
980		-	President of the Senate.
981		-
982		-	Secretary of the Senate.
983		-	APPROVED
984		-
985		-
986		-	Governor.
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