Kansas 2025-2026 Regular Session

Kansas House Bill HB2178 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2178
3	3	By Committee on Corrections and Juvenile Justice
4	4	Requested by Brenna Visocsky on behalf of Kansas Appleseed
5	5	1-30
6	6	AN ACT concerning social welfare; relating to the supplemental nutrition
7	7	assistance program; allowing persons with felony drug convictions to
8	8	receive assistance; amending K.S.A. 2024 Supp. 39-709 and repealing
9	9	the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
12	12	follows: 39-709. (a) General eligibility requirements for assistance for
13	13	which federal moneys are expended. Subject to the additional requirements
14	14	below, assistance in accordance with plans under which federal moneys
15	15	are expended may be granted to any needy person who:
16	16	(1) Has insufficient income or resources to provide a reasonable
17	17	subsistence compatible with decency and health. Where a husband and
18	18	wife or cohabiting partners are living together, the combined income or
19	19	resources of both shall be considered in determining the eligibility of
20	20	either or both for such assistance unless otherwise prohibited by law. The
21	21	secretary, in determining need of any applicant for or recipient of
22	22	assistance shall not take into account the financial responsibility of any
23	23	individual for any applicant or recipient of assistance unless such applicant
24	24	or recipient is such individual's spouse, cohabiting partner or such
25	25	individual's minor child or minor stepchild if the stepchild is living with
26	26	such individual. The secretary in determining need of an individual may
27	27	provide such income and resource exemptions as may be permitted by
28	28	federal law. For purposes of eligibility for temporary assistance for needy
29	29	families, for food assistance and for any other assistance provided through
30	30	the Kansas department for children and families under which federal
31	31	moneys are expended, the secretary for children and families shall
32	32	consider one motor vehicle owned by the applicant for assistance,
33	33	regardless of the value of such vehicle, as exempt personal property and
34	34	shall consider any equity in any boat, personal water craft, recreational
35	35	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
36	36	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
37	37	owned by the applicant for assistance to be a nonexempt resource of the
38	38	applicant for assistance except that any additional motor vehicle used by
39	39	the applicant, the applicant's spouse or the applicant's cohabiting partner
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75	75	for the primary purpose of earning income may be considered as exempt
76	76	personal property in the secretary's discretion; or
77	77	(2) is a citizen of the United States or is an alien lawfully admitted to
78	78	the United States and who is residing in the state of Kansas.
79	79	(b) Temporary assistance for needy families. Assistance may be
80	80	granted under this act to any dependent child, or relative, subject to the
81	81	general eligibility requirements as set out in subsection (a), who resides in
82	82	the state of Kansas or whose parent or other relative with whom the child
83	83	is living resides in the state of Kansas. Such assistance shall be known as
84	84	temporary assistance for needy families. Where the husband and wife or
85	85	cohabiting partners are living together, both shall register for work under
86	86	the program requirements for temporary assistance for needy families in
87	87	accordance with criteria and guidelines prescribed by rules and regulations
88	88	of the secretary.
89	89	(1) As used in this subsection, "family group" or "household" means
90	90	the applicant or recipient for TANF, child care subsidy or employment
91	91	services and all individuals living together in which there is a relationship
92	92	of legal responsibility or a qualifying caretaker relationship. This will
93	93	include a cohabiting boyfriend or girlfriend living with the person legally
94	94	responsible for the child. The family group shall not be eligible for TANF
95	95	if the family group contains at least one adult member who has received
96	96	TANF, including the federal TANF assistance received in any other state,
97	97	for 24 calendar months beginning on and after October 1, 1996, unless the
98	98	secretary determines a hardship exists and grants an extension allowing
99	99	receipt of TANF until the 36-month limit is reached. No extension beyond
100	100	36 months shall be granted. Hardship provisions for a recipient include:
101	101	(A) Is a caretaker of a disabled family member living in the
102	102	household;
103	103	(B) has a disability that precludes employment on a long-term basis
104	104	or requires substantial rehabilitation;
105	105	(C) needs a time limit extension to overcome the effects of domestic
106	106	violence or sexual assault;
107	107	(D) is involved with prevention and protection services and has an
108	108	open social service plan; or
109	109	(E) is determined by the 24
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111	111	month to have an extreme hardship other
112	112	than what is designated in criteria listed in subparagraphs (A) through (D).
113	113	This determination will be made by the executive review team.
114	114	(2) All adults applying for TANF shall be required to complete a
115	115	work program assessment as specified by the Kansas department for
116	116	children and families, including those who have been disqualified for or
117	117	denied TANF due to non-cooperation, drug testing requirements or fraud.
118	118	Adults who are not otherwise eligible for TANF, such as ineligible aliens,
119	119	relative/non-relative caretakers and adults receiving supplemental security
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163	163	income are not required to complete the assessment process. During the
164	164	application processing period, applicants must complete at least one
165	165	module or its equivalent of the work program assessment to be considered
166	166	eligible for TANF benefits, unless good cause is found to be exempt from
167	167	the requirements. Good cause exemptions shall only include that the
168	168	applicant:
169	169	(A) Can document an existing certification verifying completion of
170	170	the work program assessment;
171	171	(B) has a valid offer of employment or is employed a minimum of 20
172	172	hours a week;
173	173	(C) is a parenting teen without a GED or high school diploma;
174	174	(D) is enrolled in job corps;
175	175	(E) is working with a refugee social services agency; or
176	176	(F) has completed the work program assessment within the last 12
177	177	months.
178	178	(3) The Kansas department for children and families shall maintain a
179	179	sufficient level of dedicated work program staff to enable the agency to
180	180	conduct work program case management services to TANF recipients in a
181	181	timely manner and in full accordance with state law and agency policy.
182	182	(4) (A) TANF mandatory work program applicants and recipients
183	183	shall participate in work components that lead to competitive, integrated
184	184	employment. Components are defined by the federal government as being
185	185	either primary or secondary.
186	186	(B) In order to meet federal work participation requirements,
187	187	households shall meet at least 30 hours of participation per week, at least
188	188	20 hours of which shall be primary and at least 10 hours may be secondary
189	189	components in one parent households where the youngest child is six years
190	190	of age or older. Participation hours shall be 55 hours in two parent
191	191	households, 35 hours per week if child care is not used. The maximum
192	192	assignment is 40 hours per week per individual. For two parent families to
193	193	meet the federal work participation rate, both parents shall participate in a
194	194	combined total of 55 hours per week, 50 hours of which shall be in
195	195	primary components, or one or both parents could be assigned a combined
196	196	total of 35 hours per week, 30 hours of which must be primary
197	197	components, if the Kansas department for children and families paid child
198	198	care is not received by the family. Single parent families with a child under
199	199	age six meet the federal participation requirement if the parent is engaged
200	200	in work or work activities for at least 20 hours per week in a primary work
201	201	component.
202	202	(C) The following components meet federal definitions of primary
203	203	hours of participation: Full or part-time employment, apprenticeship, work
204	204	study, self-employment, job corps, subsidized employment, work
205	205	experience sites, on-the-job training, supervised community service,
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249	249	vocational education, job search and job readiness. Secondary components
250	250	include: Job skills training, education directly related to employment such
251	251	as adult basic education and English as a second language, and completion
252	252	of a high school diploma or GED.
253	253	(5) A parent or other adult caretaker personally providing care for a
254	254	child under the age of three months in their TANF household shall be
255	255	exempt from work participation activities until the month the child attains
256	256	three months of age. Such three-month limitation shall not apply to a
257	257	parent or other adult caretaker who is personally providing care for a child
258	258	born significantly premature, with serious medical conditions or with a
259	259	disability as defined by the secretary, in consultation with the secretary of
260	260	health and environment and adopted in the rules and regulations. The
261	261	three-month period is defined as two consecutive months starting with the
262	262	month after childbirth. The exemption for caring for a child under three
263	263	months cannot be claimed by:
264	264	(A) Either parent when two parents are in the home and the
265	265	household meets the two-parent definition for federal reporting purposes;
266	266	(B) one parent or caretaker when the other parent or caretaker is in
267	267	the home, and available, capable and suitable to provide care and the
268	268	household does not meet the two-parent definition for federal reporting
269	269	purposes;
270	270	(C) a person age 19 or younger when such person is pregnant or a
271	271	parent of a child in the home and the person does not possess a high school
272	272	diploma or its equivalent. Such person shall become exempt the month
273	273	such person attains 20 years of age; or
274	274	(D) any person assigned to a work participation activity for substance
275	275	use disorders.
276	276	(6) TANF work experience placements shall be reviewed after 90
277	277	days and are limited to six months per 24-month lifetime limit. A client's
278	278	progress shall be reviewed prior to each new placement regardless of the
279	279	length of time they are at the work experience site.
280	280	(7) TANF participants with disabilities shall engage in required
281	281	employment activities to the maximum extent consistent with their
282	282	abilities. A TANF participant shall provide current documentation by a
283	283	qualified medical practitioner that details the ability to engage in
284	284	employment and any limitation in work activities along with the expected
285	285	duration of such limitations. Disability is defined as a physical or mental
286	286	impairment constituting or resulting in a substantial impediment to
287	287	employment for such individual.
288	288	(8) Non-cooperation is the failure of the applicant or recipient to
289	289	comply with all requirements provided in state and federal law, federal and
290	290	state rules and regulations and agency policy. The period of ineligibility
291	291	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
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335	335	and amendments thereto, with work programs shall be as follows, for a:
336	336	(A) First penalty, three months and full cooperation with work
337	337	program activities;
338	338	(B) second penalty, six months and full cooperation with work
339	339	program activities;
340	340	(C) third penalty, one year and full cooperation with work program
341	341	activities; and
342	342	(D) fourth or subsequent penalty, 10 years.
343	343	(9) Individuals who have not cooperated with TANF work programs
344	344	shall be ineligible to participate in the food assistance program. The
345	345	comparable penalty shall be applied to only the individual in the food
346	346	assistance program who failed to comply with the TANF work
347	347	requirement. The agency shall impose the same penalty to the member of
348	348	the household who failed to comply with TANF requirements. The penalty
349	349	periods are three months, six months, one year, or 10 years.
350	350	(10) (A) The period of ineligibility for TANF benefits based on
351	351	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
352	352	thereto, with child support services shall be as follows, for a:
353	353	(i) First penalty, three months and cooperation with child support
354	354	services prior to regaining eligibility;
355	355	(ii) second penalty, six months and cooperation with child support
356	356	services prior to regaining eligibility;
357	357	(iii) third penalty, one year and cooperation with child support
358	358	services prior to regaining eligibility; and
359	359	(iv) fourth penalty, 10 years.
360	360	(B) (i) The period of ineligibility for child care subsidy based on
361	361	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
362	362	thereto, with child support services shall be as follows, for a:
363	363	(a) First penalty, three months and cooperation with child support
364	364	services prior to regaining eligibility;
365	365	(b) second penalty, six months and cooperation with child support
366	366	services prior to regaining eligibility;
367	367	(c) third penalty, one year and cooperation with child support services
368	368	prior to regaining eligibility; and
369	369	(d) fourth penalty, 10 years.
370	370	(ii) The secretary, or the secretary's designee, shall review child
371	371	support compliance of a parent:
372	372	(a) Upon application for child care subsidy;
373	373	(b) after 12 months of continuous eligibility for child care subsidy;
374	374	and
375	375	(c) following such 12 months of continuous eligibility when the
376	376	secretary renews or redetermines a parent's eligibility for child care
377	377	subsidy.
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421	421	(11) Individuals who have not cooperated without good cause with
422	422	child support services shall be ineligible to participate in the food
423	423	assistance program. The period of disqualification ends once it has been
424	424	determined that such individual is cooperating with child support services.
425	425	(12) (A) Any individual who is found to have committed fraud or is
426	426	found guilty of the crime of theft pursuant to K.S.A. 39-720, and
427	427	amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
428	428	either the TANF or child care program shall render all adults in the family
429	429	unit ineligible for TANF assistance. Adults in the household who have
430	430	been determined to have committed fraud or were convicted of the crime
431	431	of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
432	432	21-5801, and amendments thereto, shall render themselves and all adult
433	433	household members ineligible for their lifetime for TANF, even if fraud
434	434	was committed in only one program. Households who have been
435	435	determined to have committed fraud or were convicted of the crime of
436	436	theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
437	437	5801, and amendments thereto, shall be required to name a protective
438	438	payee as approved by the secretary or the secretary's designee to
439	439	administer TANF benefits or food assistance on behalf of the children. No
440	440	adult in a household may have access to the TANF cash assistance benefit.
441	441	(B) Any individual who has failed to cooperate with a fraud
442	442	investigation shall be ineligible to participate in the TANF cash assistance
443	443	program and the child care subsidy program until the Kansas department
444	444	for children and families determines that such individual is cooperating
445	445	with the fraud investigation. The Kansas department for children and
446	446	families shall maintain a sufficient level of fraud investigative staff to
447	447	enable the department to conduct fraud investigations in a timely manner
448	448	and in full accordance with state law and department rules and regulations
449	449	or policies.
450	450	(13) (A) Food assistance shall not be provided to any person
451	451	convicted of a felony offense occurring on or after July 1, 2015, that
452	452	includes as an element of such offense the manufacture, cultivation,
453	453	distribution, possession or use of a controlled substance or controlled
454	454	substance analog. For food assistance, the individual shall be permanently
455	455	disqualified if such individual has been convicted of a state or federal
456	456	felony offense occurring on or after July 1, 2015, involving possession or
457	457	use of a controlled substance or controlled substance analog.
458	458	(B) (i) Notwithstanding the provisions of subparagraph (A), an
459	459	individual shall be eligible for food assistance if the individual enrolls in
460	460	and participates in a drug treatment program approved by the secretary,
461	461	submits to and passes a drug test and agrees to submit to drug testing if
462	462	requested by the department pursuant to a drug testing plan.
463	463	(ii) An individual's failure to submit to testing or failure to
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507	507	successfully pass a drug test shall result in ineligibility for food assistance
508	508	until a drug test is successfully passed. Failure to successfully complete a
509	509	drug treatment program shall result in ineligibility for food assistance until
510	510	a drug treatment plan approved by the secretary is successfully completed,
511	511	the individual passes a drug test and agrees to submit to drug testing if
512	512	requested by the department pursuant to a drug testing plan.
513	513	(C) The provisions of subparagraph (B) shall not apply to any
514	514	individual who has been convicted for a second or subsequent felony
515	515	offense as provided in subparagraph (A) A person shall not be denied
516	516	food assistance solely because such person has been convicted of a drug-
517	517	related felony. The secretary for children and families shall submit to the
518	518	federal government any approval request required to implement the
519	519	provisions of this paragraph.
520	520	(14) No TANF cash assistance shall be used to purchase alcohol,
521	521	cigarettes, tobacco products, lottery tickets, concert tickets, professional or
522	522	collegiate sporting event tickets or tickets for other entertainment events
523	523	intended for the general public or sexually oriented adult materials. No
524	524	TANF cash assistance shall be used in any retail liquor store, casino,
525	525	gaming establishment, jewelry store, tattoo parlor, massage parlor, body
526	526	piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
527	527	vapor cigarette store, psychic or fortune telling business, bail bond
528	528	company, video arcade, movie theater, swimming pool, cruise ship, theme
529	529	park, dog or horse racing facility, parimutuel facility, or sexually oriented
530	530	business or any retail establishment that provides adult-oriented
531	531	entertainment in which performers disrobe or perform in an unclothed
532	532	state for entertainment, or in any business or retail establishment where
533	533	minors under age 18 are not permitted. No TANF cash assistance shall be
534	534	used for purchases at points of sale outside the state of Kansas.
535	535	(15) (A) The secretary for children and families shall place a
536	536	photograph of the recipient, if agreed to by such recipient of public
537	537	assistance, on any Kansas benefits card issued by the Kansas department
538	538	for children and families that the recipient uses in obtaining food, cash or
539	539	any other services. When a recipient of public assistance is a minor or
540	540	otherwise incapacitated individual, a parent or legal guardian of such
541	541	recipient may have a photograph of such parent or legal guardian placed
542	542	on the card.
543	543	(B) Any Kansas benefits card with a photograph of a recipient shall
544	544	be valid for voting purposes as a public assistance identification card in
545	545	accordance with the provisions of K.S.A. 25-2908, and amendments
546	546	thereto.
547	547	(C) As used in this paragraph and its subparagraphs, "Kansas benefits
548	548	card" means any card issued to provide food assistance, cash assistance or
549	549	child care assistance, including, but not limited to, the vision card, EBT
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593	593	card and Kansas benefits card.
594	594	(D) The Kansas department for children and families shall monitor all
595	595	recipient requests for a Kansas benefits card replacement and, upon the
596	596	fourth such request in a 12-month period, send a notice alerting the
597	597	recipient that the recipient's account is being monitored for potential
598	598	suspicious activity. If a recipient makes an additional request for
599	599	replacement subsequent to such notice, the department shall refer the
600	600	investigation to the department's fraud investigation unit.
601	601	(16) The secretary for children and families shall adopt rules and
602	602	regulations for:
603	603	(A) Determining eligibility for the child care subsidy program,
604	604	including an income of a cohabiting partner in a child care household; and
605	605	(B) determining and maintaining eligibility for non-TANF child care,
606	606	requiring that all included adults shall be employed a minimum of 20
607	607	hours per week or more as defined by the secretary or meet the following
608	608	specific qualifying exemptions:
609	609	(i) Adults who are not capable of meeting the requirement due to a
610	610	documented physical or mental condition;
611	611	(ii) adults who are former TANF recipients who need child care for
612	612	employment after their TANF case has closed and earned income is a
613	613	factor in the closure in the two months immediately following TANF
614	614	closure;
615	615	(iii) adult parents included in a case in which the only child receiving
616	616	benefits is the child of a minor parent who is working on completion of
617	617	high school or obtaining a GED;
618	618	(iv) adults who are participants in a food assistance employment and
619	619	training program;
620	620	(v) adults who are participants in an early head start child care
621	621	partnership program and are working or in school or training; or
622	622	(vi) adults who are caretakers of a child in custody of the secretary in
623	623	out-of-home placement needing child care.
624	624	The Kansas department for children and families shall provide child
625	625	care for the pursuit of any degree or certification if the occupation has at
626	626	least an average job outlook listed in the occupational outlook of the
627	627	United States department of labor, bureau of labor statistics. For
628	628	occupations with less than an average job outlook, educational plans shall
629	629	require approval of the secretary or secretary's designee. Child care may
630	630	also be approved if the student provides verification of a specific job offer
631	631	that will be available to such student upon completion of the program.
632	632	Child care for post-secondary education shall be allowed for a lifetime
633	633	maximum of 24 months per adult. The 24 months may not have to be
634	634	consecutive. Students shall be engaged in paid employment for a minimum
635	635	of 15 hours per week. In a two-parent adult household, child care would
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679	679	not be allowed if both parents are adults and attending a formal education
680	680	or training program at the same time. The household may choose which
681	681	one of the parents is participating as a post-secondary student. The other
682	682	parent shall meet another approvable criteria for child care subsidy.
683	683	(17) (A) The secretary for children and families is prohibited from
684	684	requesting or implementing a waiver or program from the United States
685	685	department of agriculture for the time limited assistance provisions for
686	686	able-bodied adults aged 18 through 49 without dependents in a household
687	687	under the food assistance program. The time on food assistance for able-
688	688	bodied adults aged 18 through 49 without dependents in the household
689	689	shall be limited to three months in a 36-month period if such adults are not
690	690	meeting the requirements imposed by the U.S. department of agriculture
691	691	that they must work for at least 20 hours per week or participate in a
692	692	federally approved work program or its equivalent.
693	693	(B) Each food assistance household member who is not otherwise
694	694	exempt from the following work requirements shall: Register for work;
695	695	participate in an employment and training program, if assigned to such a
696	696	program by the department; accept a suitable employment offer; and not
697	697	voluntarily quit a job of at least 30 hours per week.
698	698	(C) Any recipient who has not complied with the work requirements
699	699	under subparagraph (B) shall be ineligible to participate in the food
700	700	assistance program for the following time period and until the recipient
701	701	complies with such work requirements for a:
702	702	(i) First penalty, three months;
703	703	(ii) second penalty, six months; and
704	704	(iii) third penalty and any subsequent penalty, one year.
705	705	(D) The Kansas department for children and families shall assign all
706	706	individuals subject to the requirements established under 7 U.S.C. §
707	707	2015(d)(1) to an employment and training program as defined in 7 U.S.C.
708	708	§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
709	709	(i) Able-bodied adults aged 18 through 49 without dependents;
710	710	(ii) work registrants aged 50 through 59 without dependents not
711	711	exempt from 7 U.S.C. § 2015(d)(2); and
712	712	(iii) individuals who are not employed at least 30 hours per week.
713	713	(18) Eligibility for the food assistance program shall be limited to
714	714	those individuals who are citizens or who meet qualified non-citizen status
715	715	as determined by United States department of agriculture. Non-citizen
716	716	individuals who are unable or unwilling to provide qualifying immigrant
717	717	documentation, as defined by the United States department of agriculture,
718	718	residing within a household shall not be included when determining the
719	719	household's size for the purposes of assigning a benefit level to the
720	720	household for food assistance or comparing the household's monthly
721	721	income with the income eligibility standards. The gross non-exempt
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765	765	earned and unearned income and resources of disqualified individuals shall
766	766	be counted in its entirety as available to the remaining household
767	767	members.
768	768	(19) The secretary for children and families shall not enact the state
769	769	option from the United States department of agriculture for broad-based
770	770	categorical eligibility for households applying for food assistance
771	771	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
772	772	(20) No federal or state funds shall be used for television, radio or
773	773	billboard advertisements that are designed to promote food assistance
774	774	benefits and enrollment. No federal or state funding shall be used for any
775	775	agreements with foreign governments designed to promote food
776	776	assistance.
777	777	(21) (A) The secretary for children and families shall not apply gross
778	778	income standards for food assistance higher than the standards specified in
779	779	7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical
780	780	eligibility exempting households from such gross income standards
781	781	requirements shall not be granted for any non-cash, in-kind or other
782	782	benefit unless expressly required by federal law.
783	783	(B) The secretary for children and families shall not apply resource
784	784	limits standards for food assistance that are higher than the standards
785	785	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
786	786	law. Categorical eligibility exempting households from such resource
787	787	limits shall not be granted for any non-cash, in-kind or other benefit unless
788	788	expressly required by federal law.
789	789	(c) (1) The Kansas department for children and families shall conduct
790	790	an electronic check for any false information provided on an application
791	791	for TANF and other benefits programs administered by the department.
792	792	For TANF cash assistance, food assistance and the child care subsidy
793	793	program, the department shall verify the identity of all adults in the
794	794	assistance household.
795	795	(2) The department of administration shall provide monthly to the
796	796	Kansas department for children and families the social security numbers or
797	797	alternate taxpayer identification numbers of all persons who claim a
798	798	Kansas lottery prize in excess of $5,000 during the reported month. The
799	799	Kansas department for children and families shall verify if individuals
800	800	with such winnings are receiving TANF cash assistance, food assistance or
801	801	assistance under the child care subsidy program and take appropriate
802	802	action. The Kansas department for children and families shall use data
803	803	received under this subsection solely, and for no other purpose, to
804	804	determine if any recipient's eligibility for benefits has been affected by
805	805	lottery prize winnings. The Kansas department for children and families
806	806	shall not publicly disclose the identity of any lottery prize winner,
807	807	including recipients who are determined to have illegally received
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851	851	benefits.
852	852	(d) Temporary assistance for needy families; assignment of support
853	853	rights and limited power of attorney. By applying for or receiving
854	854	temporary assistance for needy families such applicant or recipient shall be
855	855	deemed to have assigned to the secretary on behalf of the state any
856	856	accrued, present or future rights to support from any other person such
857	857	applicant may have in such person's own behalf or in behalf of any other
858	858	family member for whom the applicant is applying for or receiving aid. In
859	859	any case in which an order for child support has been established and the
860	860	legal custodian and obligee under the order surrenders physical custody of
861	861	the child to a caretaker relative without obtaining a modification of legal
862	862	custody and support rights on behalf of the child are assigned pursuant to
863	863	this section, the surrender of physical custody and the assignment shall
864	864	transfer, by operation of law, the child's support rights under the order to
865	865	the secretary on behalf of the state. Such assignment shall be of all
866	866	accrued, present or future rights to support of the child surrendered to the
867	867	caretaker relative. The assignment of support rights shall automatically
868	868	become effective upon the date of approval for or receipt of such aid
869	869	without the requirement that any document be signed by the applicant,
870	870	recipient or obligee. By applying for or receiving temporary assistance for
871	871	needy families, or by surrendering physical custody of a child to a
872	872	caretaker relative who is an applicant or recipient of such assistance on the
873	873	child's behalf, the applicant, recipient or obligee is also deemed to have
874	874	appointed the secretary, or the secretary's designee, as an attorney-in-fact
875	875	to perform the specific act of negotiating and endorsing all drafts, checks,
876	876	money orders or other negotiable instruments representing support
877	877	payments received by the secretary in behalf of any person applying for,
878	878	receiving or having received such assistance. This limited power of
879	879	attorney shall be effective from the date the secretary approves the
880	880	application for aid and shall remain in effect until the assignment of
881	881	support rights has been terminated in full.
882	882	(e) Requirements for medical assistance for which federal moneys or
883	883	state moneys or both are expended. (1) When the secretary has adopted a
884	884	medical care plan under which federal moneys or state moneys or both are
885	885	expended, medical assistance in accordance with such plan shall be
886	886	granted to any person who is a citizen of the United States or who is an
887	887	alien lawfully admitted to the United States and who is residing in the state
888	888	of Kansas, whose resources and income do not exceed the levels
889	889	prescribed by the secretary. In determining the need of an individual, the
890	890	secretary may provide for income and resource exemptions and protected
891	891	income and resource levels. Resources from inheritance shall be counted.
892	892	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
893	893	amendments thereto, shall constitute a transfer of resources. The secretary
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937	937	shall exempt principal and interest held in irrevocable trust pursuant to
938	938	K.S.A. 16-303(c), and amendments thereto, from the eligibility
939	939	requirements of applicants for and recipients of medical assistance. Such
940	940	assistance shall be known as medical assistance.
941	941	(2) For the purposes of medical assistance eligibility determinations
942	942	on or after July 1, 2004, if an applicant or recipient owns property in joint
943	943	tenancy with some other party and the applicant or recipient of medical
944	944	assistance has restricted or conditioned their interest in such property to a
945	945	specific and discrete property interest less than 100%, then such
946	946	designation will cause the full value of the property to be considered an
947	947	available resource to the applicant or recipient. Medical assistance
948	948	eligibility for receipt of benefits under the title XIX of the social security
949	949	act, commonly known as medicaid, shall not be expanded, as provided for
950	950	in the patient protection and affordable care act, public law 111-148, 124
951	951	stat. 119, and the health care and education reconciliation act of 2010,
952	952	public law 111-152, 124 stat. 1029, unless the legislature expressly
953	953	consents to, and approves of, the expansion of medicaid services by an act
954	954	of the legislature.
955	955	(3) (A) Resources from trusts shall be considered when determining
956	956	eligibility of a trust beneficiary for medical assistance. Medical assistance
957	957	is to be secondary to all resources, including trusts, that may be available
958	958	to an applicant or recipient of medical assistance.
959	959	(B) If a trust has discretionary language, the trust shall be considered
960	960	to be an available resource to the extent, using the full extent of discretion,
961	961	the trustee may make any of the income or principal available to the
962	962	applicant or recipient of medical assistance. Any such discretionary trust
963	963	shall be considered an available resource unless:
964	964	(i) At the time of creation or amendment of the trust, the trust states a
965	965	clear intent that the trust is supplemental to public assistance; and
966	966	(ii) the trust is funded:
967	967	(a) From resources of a person who, at the time of such funding,
968	968	owed no duty of support to the applicant or recipient of medical assistance;
969	969	or
970	970	(b) not more than nominally from resources of a person while that
971	971	person owed a duty of support to the applicant or recipient of medical
972	972	assistance.
973	973	(C) For the purposes of this paragraph, "public assistance" includes,
974	974	but is not limited to, medicaid, medical assistance or title XIX of the social
975	975	security act.
976	976	(4) (A) When an applicant or recipient of medical assistance is a party
977	977	to a contract, agreement or accord for personal services being provided by
978	978	a nonlicensed individual or provider and such contract, agreement or
979	979	accord involves health and welfare monitoring, pharmacy assistance, case
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1023	1023	management, communication with medical, health or other professionals,
1024	1024	or other activities related to home health care, long term care, medical
1025	1025	assistance benefits, or other related issues, any moneys paid under such
1026	1026	contract, agreement or accord shall be considered to be an available
1027	1027	resource unless the following restrictions are met:
1028	1028	(i) The contract, agreement or accord must be in writing and executed
1029	1029	prior to any services being provided;
1030	1030	(ii) the moneys paid are in direct relationship with the fair market
1031	1031	value of such services being provided by similarly situated and trained
1032	1032	nonlicensed individuals;
1033	1033	(iii) if no similarly situated nonlicensed individuals or situations can
1034	1034	be found, the value of services will be based on federal hourly minimum
1035	1035	wage standards;
1036	1036	(iv) such individual providing the services shall report all receipts of
1037	1037	moneys as income to the appropriate state and federal governmental
1038	1038	revenue agencies;
1039	1039	(v) any amounts due under such contract, agreement or accord shall
1040	1040	be paid after the services are rendered;
1041	1041	(vi) the applicant or recipient shall have the power to revoke the
1042	1042	contract, agreement or accord; and
1043	1043	(vii) upon the death of the applicant or recipient, the contract,
1044	1044	agreement or accord ceases.
1045	1045	(B) When an applicant or recipient of medical assistance is a party to
1046	1046	a written contract for personal services being provided by a licensed health
1047	1047	professional or facility and such contract involves health and welfare
1048	1048	monitoring, pharmacy assistance, case management, communication with
1049	1049	medical, health or other professionals, or other activities related to home
1050	1050	health care, long term care, medical assistance benefits or other related
1051	1051	issues, any moneys paid in advance of receipt of services for such
1052	1052	contracts shall be considered to be an available resource.
1053	1053	(5) Any trust may be amended if such amendment is permitted by the
1054	1054	Kansas uniform trust code.
1055	1055	(f) Eligibility for medical assistance of resident receiving medical
1056	1056	care outside state. A person who is receiving medical care including long-
1057	1057	term care outside of Kansas whose health would be endangered by the
1058	1058	postponement of medical care until return to the state or by travel to return
1059	1059	to Kansas, may be determined eligible for medical assistance if such
1060	1060	individual is a resident of Kansas and all other eligibility factors are met.
1061	1061	Persons who are receiving medical care on an ongoing basis in a long-term
1062	1062	medical care facility in a state other than Kansas and who do not return to
1063	1063	a care facility in Kansas when they are able to do so, shall no longer be
1064	1064	eligible to receive assistance in Kansas unless such medical care is not
1065	1065	available in a comparable facility or program providing such medical care
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1109	1109	in Kansas. For persons who are minors or who are under guardianship, the
1110	1110	actions of the parent or guardian shall be deemed to be the actions of the
1111	1111	child or ward in determining whether or not the person is remaining
1112	1112	outside the state voluntarily.
1113	1113	(g) Medical assistance; assignment of rights to medical support and
1114	1114	limited power of attorney; recovery from estates of deceased recipients. (1)
1115	1115	(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
1116	1116	amendments thereto, or as otherwise authorized on and after September
1117	1117	30, 1989, under section 303 of the federal medicare catastrophic coverage
1118	1118	act of 1988, whichever is applicable, by applying for or receiving medical
1119	1119	assistance under a medical care plan in which federal funds are expended,
1120	1120	any accrued, present or future rights to support and any rights to payment
1121	1121	for medical care from a third party of an applicant or recipient and any
1122	1122	other family member for whom the applicant is applying shall be deemed
1123	1123	to have been assigned to the secretary on behalf of the state. The
1124	1124	assignment shall automatically become effective upon the date of approval
1125	1125	for such assistance without the requirement that any document be signed
1126	1126	by the applicant or recipient. By applying for or receiving medical
1127	1127	assistance the applicant or recipient is also deemed to have appointed the
1128	1128	secretary, or the secretary's designee, as an attorney-in-fact to perform the
1129	1129	specific act of negotiating and endorsing all drafts, checks, money orders
1130	1130	or other negotiable instruments, representing payments received by the
1131	1131	secretary in on behalf of any person applying for, receiving or having
1132	1132	received such assistance. This limited power of attorney shall be effective
1133	1133	from the date the secretary approves the application for assistance and
1134	1134	shall remain in effect until the assignment has been terminated in full. The
1135	1135	assignment of any rights to payment for medical care from a third party
1136	1136	under this subsection shall not prohibit a health care provider from directly
1137	1137	billing an insurance carrier for services rendered if the provider has not
1138	1138	submitted a claim covering such services to the secretary for payment.
1139	1139	Support amounts collected on behalf of persons whose rights to support
1140	1140	are assigned to the secretary only under this subsection and no other shall
1141	1141	be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
1142	1142	except that any amounts designated as medical support shall be retained by
1143	1143	the secretary for repayment of the unreimbursed portion of assistance.
1144	1144	Amounts collected pursuant to the assignment of rights to payment for
1145	1145	medical care from a third party shall also be retained by the secretary for
1146	1146	repayment of the unreimbursed portion of assistance.
1147	1147	(B) Notwithstanding the provisions of subparagraph (A), the
1148	1148	secretary of health and environment, or the secretary's designee, is hereby
1149	1149	authorized to and shall exercise any of the powers specified in
1150	1150	subparagraph (A) in relation to performance of such secretary's duties
1151	1151	pertaining to medical subrogation, estate recovery or any other duties
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1195	1195	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1196	1196	Annotated, and amendments thereto.
1197	1197	(2) The amount of any medical assistance paid after June 30, 1992,
1198	1198	under the provisions of subsection (e) is a claim against the property or
1199	1199	any interest therein belonging to and a part of the estate of any deceased
1200	1200	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1201	1201	shall be charged for such medical assistance paid to either or both and a
1202	1202	claim against any funds of such recipient or spouse in any account under
1203	1203	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1204	1204	be no recovery of medical assistance correctly paid to or on behalf of an
1205	1205	individual under subsection (e) except after the death of the surviving
1206	1206	spouse of the individual, if any, and only at a time when the individual has
1207	1207	no surviving child who is under 21 years of age or is blind or permanently
1208	1208	and totally disabled. Transfers of real or personal property by recipients of
1209	1209	medical assistance without adequate consideration are voidable and may
1210	1210	be set aside. Except where there is a surviving spouse, or a surviving child
1211	1211	who is under 21 years of age or is blind or permanently and totally
1212	1212	disabled, the amount of any medical assistance paid under subsection (e) is
1213	1213	a claim against the estate in any guardianship or conservatorship
1214	1214	proceeding. The monetary value of any benefits received by the recipient
1215	1215	of such medical assistance under long-term care insurance, as defined by
1216	1216	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1217	1217	amount of the claim provided for such medical assistance under this
1218	1218	subsection. The secretary of health and environment is authorized to
1219	1219	enforce each claim provided for under this subsection. The secretary of
1220	1220	health and environment shall not be required to pursue every claim, but is
1221	1221	granted discretion to determine which claims to pursue. All moneys
1222	1222	received by the secretary of health and environment from claims under this
1223	1223	subsection shall be deposited in the social welfare fund. The secretary of
1224	1224	health and environment may adopt rules and regulations for the
1225	1225	implementation and administration of the medical assistance recovery
1226	1226	program under this subsection.
1227	1227	(3) By applying for or receiving medical assistance under the
1228	1228	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1229	1229	amendments thereto, such individual or such individual's agent, fiduciary,
1230	1230	guardian, conservator, representative payee or other person acting on
1231	1231	behalf of the individual consents to the following definitions of estate and
1232	1232	the results therefrom:
1233	1233	(A) If an individual receives any medical assistance before July 1,
1234	1234	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1235	1235	and amendments thereto, which forms the basis for a claim under
1236	1236	paragraph (2), such claim is limited to the individual's probatable estate as
1237	1237	defined by applicable law; and
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1281	1281	(B) if an individual receives any medical assistance on or after July 1,
1282	1282	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1283	1283	and amendments thereto, which forms the basis for a claim under
1284	1284	paragraph (2), such claim shall apply to the individual's medical assistance
1285	1285	estate. The medical assistance estate is defined as including all real and
1286	1286	personal property and other assets in which the deceased individual had
1287	1287	any legal title or interest immediately before or at the time of death to the
1288	1288	extent of that interest or title. The medical assistance estate includes
1289	1289	without limitation, assets conveyed to a survivor, heir or assign of the
1290	1290	deceased recipient through joint tenancy, tenancy in common,
1291	1291	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1292	1292	trust, annuities or similar arrangement.
1293	1293	(4) The secretary of health and environment or the secretary's
1294	1294	designee is authorized to file and enforce a lien against the real property of
1295	1295	a recipient of medical assistance in certain situations, subject to all prior
1296	1296	liens of record and transfers for value to a bona fide purchaser of record.
1297	1297	The lien must be filed in the office of the register of deeds of the county
1298	1298	where the real property is located within one year from the date of death of
1299	1299	the recipient and must contain the legal description of all real property in
1300	1300	the county subject to the lien.
1301	1301	(A) After the death of a recipient of medical assistance, the secretary
1302	1302	of health and environment or the secretary's designee may place a lien on
1303	1303	any interest in real property owned by such recipient.
1304	1304	(B) The secretary of health and environment or the secretary's
1305	1305	designee may place a lien on any interest in real property owned by a
1306	1306	recipient of medical assistance during the lifetime of such recipient. Such
1307	1307	lien may be filed only after notice and an opportunity for a hearing has
1308	1308	been given. Such lien may be enforced only upon competent medical
1309	1309	testimony that the recipient cannot reasonably be expected to be
1310	1310	discharged and returned home. A six-month period of compensated
1311	1311	inpatient care at a nursing home or other medical institution shall
1312	1312	constitute a determination by the department of health and environment
1313	1313	that the recipient cannot reasonably be expected to be discharged and
1314	1314	returned home. To return home means the recipient leaves the nursing or
1315	1315	medical facility and resides in the home on which the lien has been placed
1316	1316	for a continuous period of at least 90 days without being readmitted as an
1317	1317	inpatient to a nursing or medical facility. The amount of the lien shall be
1318	1318	for the amount of assistance paid by the department of health and
1319	1319	environment until the time of the filing of the lien and for any amount paid
1320	1320	thereafter for such medical assistance to the recipient. After the lien is filed
1321	1321	against any real property owned by the recipient, such lien will be
1322	1322	dissolved if the recipient is discharged, returns home and resides upon the
1323	1323	real property to which the lien is attached for a continuous period of at
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1367	1367	least 90 days without being readmitted as an inpatient to a nursing or
1368	1368	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1369	1369	medical facility for a continuous period of less than 90 days, another
1370	1370	continuous period of at least 90 days shall be completed prior to
1371	1371	dissolution of the lien.
1372	1372	(5) The lien filed by the secretary of health and environment or the
1373	1373	secretary's designee for medical assistance correctly received may be
1374	1374	enforced before or after the death of the recipient by the filing of an action
1375	1375	to foreclose such lien in the Kansas district court or through an estate
1376	1376	probate court action in the county where the real property of the recipient
1377	1377	is located. However, it may be enforced only:
1378	1378	(A) After the death of the surviving spouse of the recipient;
1379	1379	(B) when there is no child of the recipient, natural or adopted, who is
1380	1380	20 years of age or less residing in the home;
1381	1381	(C) when there is no adult child of the recipient, natural or adopted,
1382	1382	who is blind or disabled residing in the home; or
1383	1383	(D) when no brother or sister of the recipient is lawfully residing in
1384	1384	the home, who has resided there for at least one year immediately before
1385	1385	the date of the recipient's admission to the nursing or medical facility, and
1386	1386	has resided there on a continuous basis since that time.
1387	1387	(6) The lien remains on the property even after a transfer of the title
1388	1388	by conveyance, sale, succession, inheritance or will unless one of the
1389	1389	following events occur:
1390	1390	(A) The lien is satisfied. The recipient, the heirs, personal
1391	1391	representative or assigns of the recipient may discharge such lien at any
1392	1392	time by paying the amount of the lien to the secretary of health and
1393	1393	environment or the secretary's designee;
1394	1394	(B) the lien is terminated by foreclosure of prior lien of record or
1395	1395	settlement action taken in lieu of foreclosure; or
1396	1396	(C) the value of the real property is consumed by the lien, at which
1397	1397	time the secretary of health and environment or the secretary's designee
1398	1398	may force the sale for the real property to satisfy the lien.
1399	1399	(7) If the secretary for aging and disability services or the secretary of
1400	1400	health and environment, or both, or such secretary's designee has not filed
1401	1401	an action to foreclose the lien in the Kansas district court in the county
1402	1402	where the real property is located within 10 years from the date of the
1403	1403	filing of the lien, then the lien shall become dormant, and shall cease to
1404	1404	operate as a lien on the real estate of the recipient. Such dormant lien may
1405	1405	be revived in the same manner as a dormant judgment lien is revived under
1406	1406	K.S.A. 60-2403 et seq., and amendments thereto.
1407	1407	(8) Within seven days of receipt of notice by the secretary for
1408	1408	children and families or the secretary's designee of the death of a recipient
1409	1409	of medical assistance under this subsection, the secretary for children and
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1453	1453	families or the secretary's designee shall give notice of such recipient's
1454	1454	death to the secretary of health and environment or the secretary's
1455	1455	designee.
1456	1456	(9) All rules and regulations adopted on and after July 1, 2013, and
1457	1457	prior to July 1, 2014, to implement this subsection shall continue to be
1458	1458	effective and shall be deemed to be duly adopted rules and regulations of
1459	1459	the secretary of health and environment until revised, amended, revoked or
1460	1460	nullified pursuant to law.
1461	1461	(h) Placement under the revised Kansas code for care of children or
1462	1462	revised Kansas juvenile justice code; assignment of support rights and
1463	1463	limited power of attorney. In any case in which the secretary for children
1464	1464	and families pays for the expenses of care and custody of a child pursuant
1465	1465	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1466	1466	including the expenses of any foster care placement, an assignment of all
1467	1467	past, present and future support rights of the child in custody possessed by
1468	1468	either parent or other person entitled to receive support payments for the
1469	1469	child is, by operation of law, conveyed to the secretary. Such assignment
1470	1470	shall become effective upon placement of a child in the custody of the
1471	1471	secretary or upon payment of the expenses of care and custody of a child
1472	1472	by the secretary without the requirement that any document be signed by
1473	1473	the parent or other person entitled to receive support payments for the
1474	1474	child. When the secretary pays for the expenses of care and custody of a
1475	1475	child or a child is placed in the custody of the secretary, the parent or other
1476	1476	person entitled to receive support payments for the child is also deemed to
1477	1477	have appointed the secretary, or the secretary's designee, as attorney in fact
1478	1478	to perform the specific act of negotiating and endorsing all drafts, checks,
1479	1479	money orders or other negotiable instruments representing support
1480	1480	payments received by the secretary on behalf of the child. This limited
1481	1481	power of attorney shall be effective from the date the assignment to
1482	1482	support rights becomes effective and shall remain in effect until the
1483	1483	assignment of support rights has been terminated in full.
1484	1484	(i) No person who voluntarily quits employment or who is fired from
1485	1485	employment due to gross misconduct as defined by rules and regulations
1486	1486	of the secretary or who is a fugitive from justice by reason of a felony
1487	1487	conviction or charge or violation of a condition of probation or parole
1488	1488	imposed under federal or state law shall be eligible to receive public
1489	1489	assistance benefits in this state. Any recipient of public assistance who
1490	1490	fails to timely comply with monthly reporting requirements under criteria
1491	1491	and guidelines prescribed by rules and regulations of the secretary shall be
1492	1492	subject to a penalty established by the secretary by rules and regulations.
1493	1493	(j) If the applicant or recipient of temporary assistance for needy
1494	1494	families is a mother of the dependent child, as a condition of the mother's
1495	1495	eligibility for temporary assistance for needy families the mother shall
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1539	1539	identify by name and, if known, by current address the father of the
1540	1540	dependent child except that the secretary may adopt by rules and
1541	1541	regulations exceptions to this requirement in cases of undue hardship. Any
1542	1542	recipient of temporary assistance for needy families who fails to cooperate
1543	1543	with requirements relating to child support services under criteria and
1544	1544	guidelines prescribed by rules and regulations of the secretary shall be
1545	1545	subject to a penalty established by the secretary.
1546	1546	(k) By applying for or receiving child care subsidy or food assistance,
1547	1547	the applicant or recipient shall be deemed to have assigned, pursuant to
1548	1548	K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
1549	1549	state only accrued, present or future rights to support from any other
1550	1550	person such applicant may have in such person's own behalf or in behalf of
1551	1551	any other family member for whom the applicant is applying for or
1552	1552	receiving aid. The assignment of support rights shall automatically become
1553	1553	effective upon the date of approval for or receipt of such aid without the
1554	1554	requirement that any document be signed by the applicant or recipient. By
1555	1555	applying for or receiving child care subsidy or food assistance, the
1556	1556	applicant or recipient is also deemed to have appointed the secretary, or the
1557	1557	secretary's designee, as an attorney in fact to perform the specific act of
1558	1558	negotiating and endorsing all drafts, checks, money orders or other
1559	1559	negotiable instruments representing support payments received by the
1560	1560	secretary in behalf of any person applying for, receiving or having
1561	1561	received such assistance. This limited power of attorney shall be effective
1562	1562	from the date the secretary approves the application for aid and shall
1563	1563	remain in effect until the assignment of support rights has been terminated
1564	1564	in full. An applicant or recipient who has assigned support rights to the
1565	1565	secretary pursuant to this subsection shall cooperate in establishing and
1566	1566	enforcing support obligations to the same extent required of applicants for
1567	1567	or recipients of temporary assistance for needy families.
1568	1568	(l) (1) A program of drug screening for applicants for cash assistance
1569	1569	as a condition of eligibility for cash assistance and persons receiving cash
1570	1570	assistance as a condition of continued receipt of cash assistance shall be
1571	1571	established, subject to applicable federal law, by the secretary for children
1572	1572	and families on and before January 1, 2014. Under such program of drug
1573	1573	screening, the secretary for children and families shall order a drug
1574	1574	screening of an applicant for or a recipient of cash assistance at any time
1575	1575	when reasonable suspicion exists that such applicant for or recipient of
1576	1576	cash assistance is unlawfully using a controlled substance or controlled
1577	1577	substance analog. The secretary for children and families may use any
1578	1578	information obtained by the secretary for children and families to
1579	1579	determine whether such reasonable suspicion exists, including, but not
1580	1580	limited to, an applicant's or recipient's demeanor, missed appointments and
1581	1581	arrest or other police records, previous employment or application for
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1625	1625	employment in an occupation or industry that regularly conducts drug
1626	1626	screening, termination from previous employment due to unlawful use of a
1627	1627	controlled substance or controlled substance analog or prior drug screening
1628	1628	records of the applicant or recipient indicating unlawful use of a controlled
1629	1629	substance or controlled substance analog.
1630	1630	(2) Any applicant for or recipient of cash assistance whose drug
1631	1631	screening results in a positive test may request that the drug screening
1632	1632	specimen be sent to a different drug testing facility for an additional drug
1633	1633	screening. Any applicant for or recipient of cash assistance who requests
1634	1634	an additional drug screening at a different drug testing facility shall be
1635	1635	required to pay the cost of drug screening. Such applicant or recipient who
1636	1636	took the additional drug screening and who tested negative for unlawful
1637	1637	use of a controlled substance and controlled substance analog shall be
1638	1638	reimbursed for the cost of such additional drug screening.
1639	1639	(3) Any applicant for or recipient of cash assistance who tests
1640	1640	positive for unlawful use of a controlled substance or controlled substance
1641	1641	analog shall be required to complete a substance abuse treatment program
1642	1642	approved by the secretary for children and families, secretary of labor or
1643	1643	secretary of commerce, and a job skills program approved by the secretary
1644	1644	for children and families, secretary of labor or secretary of commerce.
1645	1645	Subject to applicable federal laws, any applicant for or recipient of cash
1646	1646	assistance who fails to complete or refuses to participate in the substance
1647	1647	abuse treatment program or job skills program as required under this
1648	1648	subsection shall be ineligible to receive cash assistance until completion of
1649	1649	such substance abuse treatment and job skills programs. Upon completion
1650	1650	of both substance abuse treatment and job skills programs, such applicant
1651	1651	for or recipient of cash assistance may be subject to periodic drug
1652	1652	screening, as determined by the secretary for children and families. Upon a
1653	1653	second positive test for unlawful use of a controlled substance or
1654	1654	controlled substance analog, a recipient of cash assistance shall be ordered
1655	1655	to complete again a substance abuse treatment program and job skills
1656	1656	program, and shall be terminated from cash assistance for a period of 12
1657	1657	months, or until such recipient of cash assistance completes both substance
1658	1658	abuse treatment and job skills programs, whichever is later. Upon a third
1659	1659	positive test for unlawful use of a controlled substance or controlled
1660	1660	substance analog, a recipient of cash assistance shall be terminated from
1661	1661	cash assistance, subject to applicable federal law.
1662	1662	(4) If an applicant for or recipient of cash assistance is ineligible for
1663	1663	or terminated from cash assistance as a result of a positive test for
1664	1664	unlawful use of a controlled substance or controlled substance analog, and
1665	1665	such applicant for or recipient of cash assistance is the parent or legal
1666	1666	guardian of a minor child, an appropriate protective payee shall be
1667	1667	designated to receive cash assistance on behalf of such child. Such parent
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1711	1711	or legal guardian of the minor child may choose to designate an individual
1712	1712	to receive cash assistance for such parent's or legal guardian's minor child,
1713	1713	as approved by the secretary for children and families. Prior to the
1714	1714	designated individual receiving any cash assistance, the secretary for
1715	1715	children and families shall review whether reasonable suspicion exists that
1716	1716	such designated individual is unlawfully using a controlled substance or
1717	1717	controlled substance analog.
1718	1718	(A) In addition, any individual designated to receive cash assistance
1719	1719	on behalf of an eligible minor child shall be subject to drug screening at
1720	1720	any time when reasonable suspicion exists that such designated individual
1721	1721	is unlawfully using a controlled substance or controlled substance analog.
1722	1722	The secretary for children and families may use any information obtained
1723	1723	by the secretary for children and families to determine whether such
1724	1724	reasonable suspicion exists, including, but not limited to, the designated
1725	1725	individual's demeanor, missed appointments and arrest or other police
1726	1726	records, previous employment or application for employment in an
1727	1727	occupation or industry that regularly conducts drug screening, termination
1728	1728	from previous employment due to unlawful use of a controlled substance
1729	1729	or controlled substance analog or prior drug screening records of the
1730	1730	designated individual indicating unlawful use of a controlled substance or
1731	1731	controlled substance analog.
1732	1732	(B) Any designated individual whose drug screening results in a
1733	1733	positive test may request that the drug screening specimen be sent to a
1734	1734	different drug testing facility for an additional drug screening. Any
1735	1735	designated individual who requests an additional drug screening at a
1736	1736	different drug testing facility shall be required to pay the cost of drug
1737	1737	screening. Such designated individual who took the additional drug
1738	1738	screening and who tested negative for unlawful use of a controlled
1739	1739	substance and controlled substance analog shall be reimbursed for the cost
1740	1740	of such additional drug screening.
1741	1741	(C) Upon any positive test for unlawful use of a controlled substance
1742	1742	or controlled substance analog, the designated individual shall not receive
1743	1743	cash assistance on behalf of the parent's or legal guardian's minor child,
1744	1744	and another designated individual shall be selected by the secretary for
1745	1745	children and families to receive cash assistance on behalf of such parent's
1746	1746	or legal guardian's minor child.
1747	1747	(5) If a person has been convicted under federal or state law of any
1748	1748	offense that is classified as a felony by the law of the jurisdiction and has
1749	1749	as an element of such offense the manufacture, cultivation, distribution,
1750	1750	possession or use of a controlled substance or controlled substance analog,
1751	1751	and the date of conviction is on or after July 1, 2013, such person shall
1752	1752	thereby become forever ineligible to receive any cash assistance under this
1753	1753	subsection unless such conviction is the person's first conviction. First-
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1797	1797	time offenders convicted under federal or state law of any offense that is
1798	1798	classified as a felony by the law of the jurisdiction and has as an element
1799	1799	of such offense the manufacture, cultivation, distribution, possession or
1800	1800	use of a controlled substance or controlled substance analog, and the date
1801	1801	of conviction is on or after July 1, 2013, such person shall become
1802	1802	ineligible to receive cash assistance for five years from the date of
1803	1803	conviction.
1804	1804	(6) Except for hearings before the Kansas department for children
1805	1805	and families, the results of any drug screening administered as part of the
1806	1806	drug screening program authorized by this subsection shall be confidential
1807	1807	and shall not be disclosed publicly.
1808	1808	(7) The secretary for children and families may adopt such rules and
1809	1809	regulations as are necessary to carry out the provisions of this subsection.
1810	1810	(8) Any authority granted to the secretary for children and families
1811	1811	under this subsection shall be in addition to any other penalties prescribed
1812	1812	by law.
1813	1813	(9) As used in this subsection:
1814	1814	(A) "Cash assistance" means cash assistance provided to individuals
1815	1815	under the provisions of article 7 of chapter 39 of the Kansas Statutes
1816	1816	Annotated, and amendments thereto, and any rules and regulations adopted
1817	1817	pursuant to such provisions.
1818	1818	(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
1819	1819	amendments thereto, and 21 U.S.C. § 802.
1820	1820	(C) "Controlled substance analog" means the same as in K.S.A. 21-
1821	1821	5701, and amendments thereto.
1822	1822	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
1823	1823	Sec. 3. This act shall take effect and be in force from and after its
1824	1824	publication in the statute book.
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