Kansas 2025-2026 Regular Session

Kansas House Bill HB2287 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2287
3	3	By Committee on Welfare Reform
4	4	Requested by Representative Ousley
5	5	2-5
6	6	AN ACT concerning public assistance; relating to the secretary for
7	7	children and families; eliminating certain restrictions for eligibility for
8	8	public assistance; removing the requirement to cooperate with child
9	9	support services for eligibility; extending the lifetime limitation of
10	10	temporary assistance for needy families to 60 months; providing for
11	11	hardship extensions to be granted by the secretary for children and
12	12	families; exempting parents providing care for a child less than one
13	13	year of age from work participation activities; eliminating restrictions
14	14	on persons convicted of drug felonies from receiving food assistance;
15	15	permitting the secretary to grant categorical eligibility standards;
16	16	eliminating photograph requirements on benefits cards; eliminating
17	17	requirements for employment and training programs for certain
18	18	individuals to be eligible for food assistance; eliminating legislative
19	19	action to be required for expansion of the medical assistance program;
20	20	amending K.S.A. 39-702 and K.S.A. 2024 Supp. 39-709 and repealing
21	21	the existing sections.
22	22	Be it enacted by the Legislature of the State of Kansas:
23	23	Section 1. K.S.A. 39-702 is hereby amended to read as follows: 39-
24	24	702. The following words and phrases when used in this act shall, for the
25	25	purposes of this act, have the meanings respectively ascribed to them in
26	26	this section:
27	27	(a) "Secretary" means the secretary for children and families, unless
28	28	otherwise specified.
29	29	(b) "Applicants" means all persons who, as individuals, or in whose
30	30	behalf requests are made of the secretary for aid or assistance.
31	31	(c) "Social welfare service" may include such functions as giving
32	32	assistance, the prevention of public dependency, and promoting the
33	33	rehabilitation of dependent persons or those who are approaching public
34	34	dependency.
35	35	(d) "Assistance" includes such items or functions as the giving or
36	36	providing of money, food assistance, food, clothing, shelter, medicine or
37	37	other materials, the giving of any service, including instructive or
38	38	scientific. The definitions of social welfare service and assistance in this
39	39	section shall be deemed as partially descriptive and not limiting.
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35 HB 2287 2
75	75	(e) "Temporary assistance to needy families" means financial
76	76	assistance with respect to or on behalf of a dependent child or dependent
77	77	children and includes financial assistance for any month to meet the needs
78	78	of the relative or qualifying caretaker with whom any dependent child is
79	79	living.
80	80	(f) "Medical assistance" means the payment of all or part of the cost
81	81	of necessary: (1) Medical, remedial, rehabilitative or preventive care and
82	82	services that are within the scope of services to be provided under a
83	83	medical care plan developed by the secretary pursuant to this act and
84	84	furnished by health care providers who have a current approved provider
85	85	agreement with the secretary; and (2) transportation to obtain care and
86	86	services that are within the scope of services to be provided under a
87	87	medical care plan developed by the secretary pursuant to this act.
88	88	(g) "Dependent children" means needy children under the age of 18,
89	89	or who are under the age of 19 and are full-time students in secondary
90	90	schools or the equivalent educational program who are in the care of a
91	91	biological or adoptive parent, court appointed guardian, conservator or
92	92	legal custodian and who are living with any relative, including first
93	93	cousins, uncles, aunts, and persons of preceding generations are denoted
94	94	by prefixes of grand, great, or great-great, and including the spouses or
95	95	former spouses of any persons named in the above groups, in a place of
96	96	residence maintained by one or more of such relatives as their own home.
97	97	(h) "The blind" means not only those who are totally and permanently
98	98	devoid of vision, but also those persons whose vision is so defective as to
99	99	prevent the performance of ordinary activities for which eyesight is
100	100	essential.
101	101	(i) "Recipient" means a person who has received assistance under the
102	102	terms of this act.
103	103	(j) "Intake office" means the place where the secretary shall maintain
104	104	an office for receiving applications.
105	105	(k) "Adequate consideration" means consideration equal, or
106	106	reasonably proportioned to the value of that for which it is given.
107	107	(l) "Title IV-D" means part D of title IV of the federal social security
108	108	act, 42 U.S.C. § 651 et seq., as in effect on May 1, 1997.
109	109	(m) "TANF diversion assistance" means a one-time voluntary
110	110	payment option in lieu of ongoing TANF assistance. The diversion
111	111	payment is available to applicants who have not received TANF assistance
112	112	as an adult, and is designed to meet a crisis or emergency hardship that
113	113	would endanger such applicants' ability to remain employed or to accept
114	114	an offer of employment. Any household that includes such recipient
115	115	accepting the diversion payment is ineligible to receive on-going TANF
116	116	assistance for 12 months after receipt of the diversion payment. Any
117	117	recipient who receives a diversion payment is limited to 18 42 months of
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	26
144	144	27
145	145	28
146	146	29
147	147	30
148	148	31
149	149	32
150	150	33
151	151	34
152	152	35
153	153	36
154	154	37
155	155	38
156	156	39
157	157	40
158	158	41
159	159	42
160	160	43 HB 2287 3
161	161	TANF cash assistance in a lifetime, unless such recipient shall meet a
162	162	hardship criteria as defined by the secretary.
163	163	(n) "Non-cooperation" means the failure of the applicant or recipient
164	164	to comply with all requirements provided in state and federal law, rules
165	165	and regulations and agency policy.
166	166	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
167	167	follows: 39-709. (a) General eligibility requirements for assistance for
168	168	which federal moneys are expended. Subject to the additional requirements
169	169	below, assistance in accordance with plans under which federal moneys
170	170	are expended may be granted to any needy person who:
171	171	(1) Has insufficient income or resources to provide a reasonable
172	172	subsistence compatible with decency and health. Where a husband and
173	173	wife or cohabiting partners are living together, the combined income or
174	174	resources of both shall be considered in determining the eligibility of
175	175	either or both for such assistance unless otherwise prohibited by law. The
176	176	secretary, in determining need of any applicant for or recipient of
177	177	assistance shall not take into account the financial responsibility of any
178	178	individual for any applicant or recipient of assistance unless such applicant
179	179	or recipient is such individual's spouse, cohabiting partner or such
180	180	individual's minor child or minor stepchild if the stepchild is living with
181	181	such individual. The secretary in determining need of an individual may
182	182	provide such income and resource exemptions as may be permitted by
183	183	federal law. For purposes of eligibility for temporary assistance for needy
184	184	families, for food assistance and for any other assistance provided through
185	185	the Kansas department for children and families under which federal
186	186	moneys are expended, the secretary for children and families shall
187	187	consider one motor vehicle owned by the applicant for assistance,
188	188	regardless of the value of such vehicle, as exempt personal property and
189	189	shall consider any equity in any boat, personal water craft, recreational
190	190	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
191	191	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
192	192	owned by the applicant for assistance to be a nonexempt resource of the
193	193	applicant for assistance except that any additional motor vehicle used by
194	194	the applicant, the applicant's spouse or the applicant's cohabiting partner
195	195	for the primary purpose of earning income may be considered as exempt
196	196	personal property in the secretary's discretion; or
197	197	(2) is a citizen of the United States or is an alien lawfully admitted to
198	198	the United States and who is residing in the state of Kansas.
199	199	(b) Temporary assistance for needy families. Assistance may be
200	200	granted under this act to any dependent child, or relative, subject to the
201	201	general eligibility requirements as set out in subsection (a), who resides in
202	202	the state of Kansas or whose parent or other relative with whom the child
203	203	is living resides in the state of Kansas. Such assistance shall be known as
204	204	1
205	205	2
206	206	3
207	207	4
208	208	5
209	209	6
210	210	7
211	211	8
212	212	9
213	213	10
214	214	11
215	215	12
216	216	13
217	217	14
218	218	15
219	219	16
220	220	17
221	221	18
222	222	19
223	223	20
224	224	21
225	225	22
226	226	23
227	227	24
228	228	25
229	229	26
230	230	27
231	231	28
232	232	29
233	233	30
234	234	31
235	235	32
236	236	33
237	237	34
238	238	35
239	239	36
240	240	37
241	241	38
242	242	39
243	243	40
244	244	41
245	245	42
246	246	43 HB 2287 4
247	247	temporary assistance for needy families. Where the husband and wife or
248	248	cohabiting partners are living together, both shall register for work under
249	249	the program requirements for temporary assistance for needy families in
250	250	accordance with criteria and guidelines prescribed by rules and regulations
251	251	of the secretary.
252	252	(1) As used in this subsection, "family group" or "household" means
253	253	the applicant or recipient for TANF, child care subsidy or employment
254	254	services and all individuals living together in which there is a relationship
255	255	of legal responsibility or a qualifying caretaker relationship. This will
256	256	include a cohabiting boyfriend or girlfriend living with the person legally
257	257	responsible for the child. The family group shall not be eligible for TANF
258	258	if the family group contains at least one adult member who has received
259	259	TANF, including the federal TANF assistance received in any other state,
260	260	for 24 36 calendar months beginning on and after October 1, 1996, unless
261	261	the secretary determines a hardship exists and grants an extension allowing
262	262	receipt of TANF until the 36-month limit is reached. No extension beyond
263	263	36 months shall be granted. Hardship provisions for a recipient include:
264	264	(A) Is a caretaker of a disabled family member living in the
265	265	household;
266	266	(B) has a disability that precludes employment on a long-term basis
267	267	or requires substantial rehabilitation;
268	268	(C) needs a time limit extension to overcome the effects of domestic
269	269	violence or sexual assault;
270	270	(D) is involved with prevention and protection services and has an
271	271	open social service plan; or
272	272	(E) is determined by the 24
273	273	th
274	274	60
275	275	th
276	276	month to have an extreme hardship
277	277	other than what is designated in criteria listed in subparagraphs (A)
278	278	through (D). This determination will be made by the executive review
279	279	team.
280	280	(2) All adults applying for TANF shall be required to complete a
281	281	work program assessment as specified by the Kansas department for
282	282	children and families, including those who have been disqualified for or
283	283	denied TANF due to non-cooperation, drug testing requirements or fraud.
284	284	Adults who are not otherwise eligible for TANF, such as ineligible aliens,
285	285	relative/non-relative caretakers and adults receiving supplemental security
286	286	income are not required to complete the assessment process. During the
287	287	application processing period, applicants must complete at least one
288	288	module or its equivalent of the work program assessment to be considered
289	289	eligible for TANF benefits, unless good cause is found to be exempt from
290	290	the requirements. Good cause exemptions shall only include that the
291	291	applicant:
292	292	(A) Can document an existing certification verifying completion of
293	293	the work program assessment;
294	294	1
295	295	2
296	296	3
297	297	4
298	298	5
299	299	6
300	300	7
301	301	8
302	302	9
303	303	10
304	304	11
305	305	12
306	306	13
307	307	14
308	308	15
309	309	16
310	310	17
311	311	18
312	312	19
313	313	20
314	314	21
315	315	22
316	316	23
317	317	24
318	318	25
319	319	26
320	320	27
321	321	28
322	322	29
323	323	30
324	324	31
325	325	32
326	326	33
327	327	34
328	328	35
329	329	36
330	330	37
331	331	38
332	332	39
333	333	40
334	334	41
335	335	42
336	336	43 HB 2287 5
337	337	(B) has a valid offer of employment or is employed a minimum of 20
338	338	hours a week;
339	339	(C) is a parenting teen without a GED or high school diploma;
340	340	(D) is enrolled in job corps;
341	341	(E) is working with a refugee social services agency; or
342	342	(F) has completed the work program assessment within the last 12
343	343	months.
344	344	(3) The Kansas department for children and families shall maintain a
345	345	sufficient level of dedicated work program staff to enable the agency to
346	346	conduct work program case management services to TANF recipients in a
347	347	timely manner and in full accordance with state law and agency policy.
348	348	(4) (A) TANF mandatory work program applicants and recipients
349	349	shall participate in work components that lead to competitive, integrated
350	350	employment. Components are defined by the federal government as being
351	351	either primary or secondary.
352	352	(B) In order to meet federal work participation requirements,
353	353	households shall meet at least 30 hours of participation per week, at least
354	354	20 hours of which shall be primary and at least 10 hours may be secondary
355	355	components in one parent households where the youngest child is six years
356	356	of age or older. Participation hours shall be 55 hours in two parent
357	357	households, 35 hours per week if child care is not used. The maximum
358	358	assignment is 40 hours per week per individual. For two parent families to
359	359	meet the federal work participation rate, both parents shall participate in a
360	360	combined total of 55 hours per week, 50 hours of which shall be in
361	361	primary components, or one or both parents could be assigned a combined
362	362	total of 35 hours per week, 30 hours of which must be primary
363	363	components, if the Kansas department for children and families paid child
364	364	care is not received by the family. Single parent families with a child under
365	365	age six meet the federal participation requirement if the parent is engaged
366	366	in work or work activities for at least 20 hours per week in a primary work
367	367	component.
368	368	(C) The following components meet federal definitions of primary
369	369	hours of participation: Full or part-time employment, apprenticeship, work
370	370	study, self-employment, job corps, subsidized employment, work
371	371	experience sites, on-the-job training, supervised community service,
372	372	vocational education, job search and job readiness. Secondary components
373	373	include: Job skills training, education directly related to employment such
374	374	as adult basic education and English as a second language, and completion
375	375	of a high school diploma or GED.
376	376	(5) A parent or other adult caretakerAn individual who is a single
377	377	custodial parent and personally providing care for a child under the age of
378	378	three months one year in their such individual's TANF household shall be
379	379	exempt from work participation activities until the month that the child
380	380	1
381	381	2
382	382	3
383	383	4
384	384	5
385	385	6
386	386	7
387	387	8
388	388	9
389	389	10
390	390	11
391	391	12
392	392	13
393	393	14
394	394	15
395	395	16
396	396	17
397	397	18
398	398	19
399	399	20
400	400	21
401	401	22
402	402	23
403	403	24
404	404	25
405	405	26
406	406	27
407	407	28
408	408	29
409	409	30
410	410	31
411	411	32
412	412	33
413	413	34
414	414	35
415	415	36
416	416	37
417	417	38
418	418	39
419	419	40
420	420	41
421	421	42
422	422	43 HB 2287 6
423	423	attains three months one year of age. Such three-month limitation shall not
424	424	apply to a parent or other adult caretaker who is personally providing care
425	425	for a child born significantly premature, with serious medical conditions or
426	426	with a disability as defined by the secretary, in consultation with the
427	427	secretary of health and environment and adopted in the rules and
428	428	regulations. The three-month period is defined as two consecutive months
429	429	starting with the month after childbirth. The exemption for caring for a
430	430	child under three months cannot be claimed by:
431	431	(A) Either parent when two parents are in the home and the
432	432	household meets the two-parent definition for federal reporting purposes;
433	433	(B) one parent or caretaker when the other parent or caretaker is in
434	434	the home, and available, capable and suitable to provide care and the
435	435	household does not meet the two-parent definition for federal reporting
436	436	purposes;
437	437	(C) a person age 19 or younger when such person is pregnant or a
438	438	parent of a child in the home and the person does not possess a high school
439	439	diploma or its equivalent. Such person shall become exempt the month
440	440	such person attains 20 years of age; or
441	441	(D) any person assigned to a work participation activity for substance
442	442	use disorders.
443	443	(6) TANF work experience placements shall be reviewed after 90
444	444	days and are limited to six months per 24-month 60-month lifetime limit. A
445	445	client's progress shall be reviewed prior to each new placement regardless
446	446	of the length of time they are at the work experience site.
447	447	(7) TANF participants with disabilities shall engage in required
448	448	employment activities to the maximum extent consistent with their
449	449	abilities. A TANF participant shall provide current documentation by a
450	450	qualified medical practitioner that details the ability to engage in
451	451	employment and any limitation in work activities along with the expected
452	452	duration of such limitations. Disability is defined as a physical or mental
453	453	impairment constituting or resulting in a substantial impediment to
454	454	employment for such individual.
455	455	(8) Non-cooperation is the failure of the applicant or recipient to
456	456	comply with all requirements provided in state and federal law, federal and
457	457	state rules and regulations and agency policy. The period of ineligibility
458	458	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
459	459	and amendments thereto, with work programs shall be as follows, for a:
460	460	(A) First penalty, three months and full cooperation with work
461	461	program activities;
462	462	(B) second penalty, six months and full cooperation with work
463	463	program activities;
464	464	(C) third penalty, one year and full cooperation with work program
465	465	activities; and
466	466	1
467	467	2
468	468	3
469	469	4
470	470	5
471	471	6
472	472	7
473	473	8
474	474	9
475	475	10
476	476	11
477	477	12
478	478	13
479	479	14
480	480	15
481	481	16
482	482	17
483	483	18
484	484	19
485	485	20
486	486	21
487	487	22
488	488	23
489	489	24
490	490	25
491	491	26
492	492	27
493	493	28
494	494	29
495	495	30
496	496	31
497	497	32
498	498	33
499	499	34
500	500	35
501	501	36
502	502	37
503	503	38
504	504	39
505	505	40
506	506	41
507	507	42
508	508	43 HB 2287 7
509	509	(D) fourth or subsequent penalty, 10 years.
510	510	(9) Individuals who have not cooperated with TANF work programs
511	511	shall be ineligible to participate in the food assistance program. The
512	512	comparable penalty shall be applied to only the individual in the food
513	513	assistance program who failed to comply with the TANF work
514	514	requirement. The agency shall impose the same penalty to the member of
515	515	the household who failed to comply with TANF requirements. The penalty
516	516	periods are three months, six months, one year, or 10 years.
517	517	(10) (A) The period of ineligibility for TANF benefits based on
518	518	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
519	519	thereto, with child support services shall be as follows, for a:
520	520	(i) First penalty, three months and cooperation with child support
521	521	services prior to regaining eligibility;
522	522	(ii) second penalty, six months and cooperation with child support
523	523	services prior to regaining eligibility;
524	524	(iii) third penalty, one year and cooperation with child support
525	525	services prior to regaining eligibility; and
526	526	(iv) fourth penalty, 10 years.
527	527	(B) (i) The period of ineligibility for child care subsidy based on
528	528	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
529	529	thereto, with child support services shall be as follows, for a:
530	530	(a) First penalty, three months and cooperation with child support
531	531	services prior to regaining eligibility;
532	532	(b) second penalty, six months and cooperation with child support
533	533	services prior to regaining eligibility;
534	534	(c) third penalty, one year and cooperation with child support services
535	535	prior to regaining eligibility; and
536	536	(d) fourth penalty, 10 years.
537	537	(ii) The secretary, or the secretary's designee, shall review child
538	538	support compliance of a parent:
539	539	(a) Upon application for child care subsidy;
540	540	(b) after 12 months of continuous eligibility for child care subsidy;
541	541	and
542	542	(c) following such 12 months of continuous eligibility when the
543	543	secretary renews or redetermines a parent's eligibility for child care
544	544	subsidy.
545	545	(11) Individuals who have not cooperated without good cause with
546	546	child support services shall be ineligible to participate in the food
547	547	assistance program. The period of disqualification ends once it has been
548	548	determined that such individual is cooperating with child support services.
549	549	(12)(9) (A) Any individual who is found to have committed fraud or
550	550	is found guilty of the crime of theft pursuant to K.S.A. 39-720, and
551	551	amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
552	552	1
553	553	2
554	554	3
555	555	4
556	556	5
557	557	6
558	558	7
559	559	8
560	560	9
561	561	10
562	562	11
563	563	12
564	564	13
565	565	14
566	566	15
567	567	16
568	568	17
569	569	18
570	570	19
571	571	20
572	572	21
573	573	22
574	574	23
575	575	24
576	576	25
577	577	26
578	578	27
579	579	28
580	580	29
581	581	30
582	582	31
583	583	32
584	584	33
585	585	34
586	586	35
587	587	36
588	588	37
589	589	38
590	590	39
591	591	40
592	592	41
593	593	42
594	594	43 HB 2287 8
595	595	either the TANF or child care program shall render all adults in the family
596	596	unit ineligible for TANF assistance. Adults in the household who have
597	597	been determined to have committed fraud or were convicted of the crime
598	598	of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
599	599	21-5801, and amendments thereto, shall render themselves and all adult
600	600	household members ineligible for their lifetime for TANF, even if fraud
601	601	was committed in only one program. Households who have been
602	602	determined to have committed fraud or were convicted of the crime of
603	603	theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
604	604	5801, and amendments thereto, shall be required to name a protective
605	605	payee as approved by the secretary or the secretary's designee to
606	606	administer TANF benefits or food assistance on behalf of the children. No
607	607	adult in a household may have access to the TANF cash assistance benefit.
608	608	(B) Any individual who has failed to cooperate with a fraud
609	609	investigation shall be ineligible to participate in the TANF cash assistance
610	610	program and the child care subsidy program until the Kansas department
611	611	for children and families determines that such individual is cooperating
612	612	with the fraud investigation. The Kansas department for children and
613	613	families shall maintain a sufficient level of fraud investigative staff to
614	614	enable the department to conduct fraud investigations in a timely manner
615	615	and in full accordance with state law and department rules and regulations
616	616	or policies.
617	617	(13) (A) Food assistance shall not be provided to any person
618	618	convicted of a felony offense occurring on or after July 1, 2015, that
619	619	includes as an element of such offense the manufacture, cultivation,
620	620	distribution, possession or use of a controlled substance or controlled
621	621	substance analog. For food assistance, the individual shall be permanently
622	622	disqualified if such individual has been convicted of a state or federal
623	623	felony offense occurring on or after July 1, 2015, involving possession or
624	624	use of a controlled substance or controlled substance analog.
625	625	(B) (i) Notwithstanding the provisions of subparagraph (A), an
626	626	individual shall be eligible for food assistance if the individual enrolls in
627	627	and participates in a drug treatment program approved by the secretary,
628	628	submits to and passes a drug test and agrees to submit to drug testing if
629	629	requested by the department pursuant to a drug testing plan.
630	630	(ii) An individual's failure to submit to testing or failure to
631	631	successfully pass a drug test shall result in ineligibility for food assistance
632	632	until a drug test is successfully passed. Failure to successfully complete a
633	633	drug treatment program shall result in ineligibility for food assistance until
634	634	a drug treatment plan approved by the secretary is successfully completed,
635	635	the individual passes a drug test and agrees to submit to drug testing if
636	636	requested by the department pursuant to a drug testing plan.
637	637	(C) The provisions of subparagraph (B) shall not apply to any
638	638	1
639	639	2
640	640	3
641	641	4
642	642	5
643	643	6
644	644	7
645	645	8
646	646	9
647	647	10
648	648	11
649	649	12
650	650	13
651	651	14
652	652	15
653	653	16
654	654	17
655	655	18
656	656	19
657	657	20
658	658	21
659	659	22
660	660	23
661	661	24
662	662	25
663	663	26
664	664	27
665	665	28
666	666	29
667	667	30
668	668	31
669	669	32
670	670	33
671	671	34
672	672	35
673	673	36
674	674	37
675	675	38
676	676	39
677	677	40
678	678	41
679	679	42
680	680	43 HB 2287 9
681	681	individual who has been convicted for a second or subsequent felony
682	682	offense as provided in subparagraph (A).
683	683	(14)(10) No TANF cash assistance shall be used to purchase alcohol,
684	684	cigarettes, tobacco products, lottery tickets, concert tickets, professional or
685	685	collegiate sporting event tickets or tickets for other entertainment events
686	686	intended for the general public or sexually oriented adult materials. No
687	687	TANF cash assistance shall be used in any retail liquor store, casino,
688	688	gaming establishment, jewelry store, tattoo parlor, massage parlor, body
689	689	piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
690	690	vapor cigarette store, psychic or fortune telling business, bail bond
691	691	company, video arcade, movie theater, swimming pool, cruise ship, theme
692	692	park, dog or horse racing facility, parimutuel facility, or sexually oriented
693	693	business or any retail establishment that provides adult-oriented
694	694	entertainment in which performers disrobe or perform in an unclothed
695	695	state for entertainment, or in any business or retail establishment where
696	696	minors under age 18 are not permitted. No TANF cash assistance shall be
697	697	used for purchases at points of sale outside the state of Kansas.
698	698	(15) (A) The secretary for children and families shall place a
699	699	photograph of the recipient, if agreed to by such recipient of public
700	700	assistance, on any Kansas benefits card issued by the Kansas department
701	701	for children and families that the recipient uses in obtaining food, cash or
702	702	any other services. When a recipient of public assistance is a minor or
703	703	otherwise incapacitated individual, a parent or legal guardian of such
704	704	recipient may have a photograph of such parent or legal guardian placed
705	705	on the card.
706	706	(B) Any Kansas benefits card with a photograph of a recipient shall
707	707	be valid for voting purposes as a public assistance identification card in
708	708	accordance with the provisions of K.S.A. 25-2908, and amendments
709	709	thereto.
710	710	(C) As used in this paragraph and its subparagraphs, "Kansas benefits
711	711	card" means any card issued to provide food assistance, cash assistance or
712	712	child care assistance, including, but not limited to, the vision card, EBT
713	713	card and Kansas benefits card.
714	714	(D)(11) The Kansas department for children and families shall
715	715	monitor all recipient requests for a Kansas benefits card replacement and,
716	716	upon the fourth such request in a 12-month period, send a notice alerting
717	717	the recipient that the recipient's account is being monitored for potential
718	718	suspicious activity. If a recipient makes an additional request for
719	719	replacement subsequent to such notice, the department shall refer the
720	720	investigation to the department's fraud investigation unit.
721	721	(16)(12) The secretary for children and families shall adopt rules and
722	722	regulations for:
723	723	(A) Determining eligibility for the child care subsidy program,
724	724	1
725	725	2
726	726	3
727	727	4
728	728	5
729	729	6
730	730	7
731	731	8
732	732	9
733	733	10
734	734	11
735	735	12
736	736	13
737	737	14
738	738	15
739	739	16
740	740	17
741	741	18
742	742	19
743	743	20
744	744	21
745	745	22
746	746	23
747	747	24
748	748	25
749	749	26
750	750	27
751	751	28
752	752	29
753	753	30
754	754	31
755	755	32
756	756	33
757	757	34
758	758	35
759	759	36
760	760	37
761	761	38
762	762	39
763	763	40
764	764	41
765	765	42
766	766	43 HB 2287 10
767	767	including an income of a cohabiting partner in a child care household; and
768	768	(B) determining and maintaining eligibility for non-TANF child care,
769	769	requiring that all included adults shall be employed a minimum of 20
770	770	hours per week or more as defined by the secretary or meet the following
771	771	specific qualifying exemptions:
772	772	(i) Adults who are not capable of meeting the requirement due to a
773	773	documented physical or mental condition;
774	774	(ii) adults who are former TANF recipients who need child care for
775	775	employment after their TANF case has closed and earned income is a
776	776	factor in the closure in the two months immediately following TANF
777	777	closure;
778	778	(iii) adult parents included in a case in which the only child receiving
779	779	benefits is the child of a minor parent who is working on completion of
780	780	high school or obtaining a GED;
781	781	(iv) adults who are participants in a food assistance employment and
782	782	training program;
783	783	(v) adults who are participants in an early head start child care
784	784	partnership program and are working or in school or training; or
785	785	(vi) adults who are caretakers of a child in custody of the secretary in
786	786	out-of-home placement needing child care.
787	787	The Kansas department for children and families shall provide child
788	788	care for the pursuit of any degree or certification if the occupation has at
789	789	least an average job outlook listed in the occupational outlook of the
790	790	United States department of labor, bureau of labor statistics. For
791	791	occupations with less than an average job outlook, educational plans shall
792	792	require approval of the secretary or secretary's designee. Child care may
793	793	also be approved if the student provides verification of a specific job offer
794	794	that will be available to such student upon completion of the program.
795	795	Child care for post-secondary education shall be allowed for a lifetime
796	796	maximum of 24 months per adult. The 24 months may not have to be
797	797	consecutive. Students shall be engaged in paid employment for a minimum
798	798	of 15 hours per week. In a two-parent adult household, child care would
799	799	not be allowed if both parents are adults and attending a formal education
800	800	or training program at the same time. The household may choose which
801	801	one of the parents is participating as a post-secondary student. The other
802	802	parent shall meet another approvable criteria for child care subsidy.
803	803	(17)(13) (A) The secretary for children and families is prohibited
804	804	from requesting or implementing a waiver or program from the United
805	805	States department of agriculture for the time limited assistance provisions
806	806	for able-bodied adults aged 18 through 49 without dependents in a
807	807	household under the food assistance program. The time on food assistance
808	808	for able-bodied adults aged 18 through 49 without dependents in the
809	809	household shall be limited to three months in a 36-month period if such
810	810	1
811	811	2
812	812	3
813	813	4
814	814	5
815	815	6
816	816	7
817	817	8
818	818	9
819	819	10
820	820	11
821	821	12
822	822	13
823	823	14
824	824	15
825	825	16
826	826	17
827	827	18
828	828	19
829	829	20
830	830	21
831	831	22
832	832	23
833	833	24
834	834	25
835	835	26
836	836	27
837	837	28
838	838	29
839	839	30
840	840	31
841	841	32
842	842	33
843	843	34
844	844	35
845	845	36
846	846	37
847	847	38
848	848	39
849	849	40
850	850	41
851	851	42
852	852	43 HB 2287 11
853	853	adults are not meeting the requirements imposed by the U.S. department of
854	854	agriculture that they must work for at least 20 hours per week or
855	855	participate in a federally approved work program or its equivalent.
856	856	(B) Each food assistance household member who is not otherwise
857	857	exempt from the following work requirements shall: Register for work;
858	858	participate in an employment and training program, if assigned to such a
859	859	program by the department; accept a suitable employment offer; and not
860	860	voluntarily quit a job of at least 30 hours per week.
861	861	(C) Any recipient who has not complied with the work requirements
862	862	under subparagraph (B) shall be ineligible to participate in the food
863	863	assistance program for the following time period and until the recipient
864	864	complies with such work requirements for a:
865	865	(i) First penalty, three months;
866	866	(ii) second penalty, six months; and
867	867	(iii) third penalty and any subsequent penalty, one year.
868	868	(D) The Kansas department for children and families shall assign all
869	869	individuals subject to the requirements established under 7 U.S.C. §
870	870	2015(d)(1) to an employment and training program as defined in 7 U.S.C.
871	871	§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
872	872	(i) Able-bodied adults aged 18 through 49 without dependents;
873	873	(ii) work registrants aged 50 through 59 without dependents not
874	874	exempt from 7 U.S.C. § 2015(d)(2); and
875	875	(iii) individuals who are not employed at least 30 hours per week.
876	876	(18)(14) Eligibility for the food assistance program shall be limited to
877	877	those individuals who are citizens or who meet qualified non-citizen status
878	878	as determined by United States department of agriculture. Non-citizen
879	879	individuals who are unable or unwilling to provide qualifying immigrant
880	880	documentation, as defined by the United States department of agriculture,
881	881	residing within a household shall not be included when determining the
882	882	household's size for the purposes of assigning a benefit level to the
883	883	household for food assistance or comparing the household's monthly
884	884	income with the income eligibility standards. The gross non-exempt
885	885	earned and unearned income and resources of disqualified individuals shall
886	886	be counted in its entirety as available to the remaining household
887	887	members.
888	888	(19) The secretary for children and families shall not enact the state
889	889	option from the United States department of agriculture for broad-based
890	890	categorical eligibility for households applying for food assistance
891	891	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
892	892	(20)(15) No federal or state funds shall be used for television, radio
893	893	or billboard advertisements that are designed to promote food assistance
894	894	benefits and enrollment. No federal or state funding shall be used for any
895	895	agreements with foreign governments designed to promote food
896	896	1
897	897	2
898	898	3
899	899	4
900	900	5
901	901	6
902	902	7
903	903	8
904	904	9
905	905	10
906	906	11
907	907	12
908	908	13
909	909	14
910	910	15
911	911	16
912	912	17
913	913	18
914	914	19
915	915	20
916	916	21
917	917	22
918	918	23
919	919	24
920	920	25
921	921	26
922	922	27
923	923	28
924	924	29
925	925	30
926	926	31
927	927	32
928	928	33
929	929	34
930	930	35
931	931	36
932	932	37
933	933	38
934	934	39
935	935	40
936	936	41
937	937	42
938	938	43 HB 2287 12
939	939	assistance.
940	940	(21) (A)(16) The secretary for children and families shall not apply
941	941	gross income standards for food assistance higher than the standards
942	942	specified in 7 U.S.C. § 2015(c) unless expressly required by federal law.
943	943	Categorical eligibility exempting households from such gross income
944	944	standards requirements shall not be granted for any non-cash, in-kind or
945	945	other benefit unless expressly required by federal law.
946	946	(B) The secretary for children and families shall not apply resource
947	947	limits standards for food assistance that are higher than the standards
948	948	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
949	949	law. Categorical eligibility exempting households from such resource
950	950	limits shall not be granted for any non-cash, in-kind or other benefit unless
951	951	expressly required by federal law.
952	952	(c) (1) The Kansas department for children and families shall conduct
953	953	an electronic check for any false information provided on an application
954	954	for TANF and other benefits programs administered by the department.
955	955	For TANF cash assistance, food assistance and the child care subsidy
956	956	program, the department shall verify the identity of all adults in the
957	957	assistance household.
958	958	(2) The department of administration shall provide monthly to the
959	959	Kansas department for children and families the social security numbers or
960	960	alternate taxpayer identification numbers of all persons who claim a
961	961	Kansas lottery prize in excess of $5,000 during the reported month. The
962	962	Kansas department for children and families shall verify if individuals
963	963	with such winnings are receiving TANF cash assistance, food assistance or
964	964	assistance under the child care subsidy program and take appropriate
965	965	action. The Kansas department for children and families shall use data
966	966	received under this subsection solely, and for no other purpose, to
967	967	determine if any recipient's eligibility for benefits has been affected by
968	968	lottery prize winnings. The Kansas department for children and families
969	969	shall not publicly disclose the identity of any lottery prize winner,
970	970	including recipients who are determined to have illegally received
971	971	benefits.
972	972	(d) Temporary assistance for needy families; assignment of support
973	973	rights and limited power of attorney. By applying for or receiving
974	974	temporary assistance for needy families such applicant or recipient shall be
975	975	deemed to have assigned to the secretary on behalf of the state any
976	976	accrued, present or future rights to support from any other person such
977	977	applicant may have in such person's own behalf or in behalf of any other
978	978	family member for whom the applicant is applying for or receiving aid. In
979	979	any case in which an order for child support has been established and the
980	980	legal custodian and obligee under the order surrenders physical custody of
981	981	the child to a caretaker relative without obtaining a modification of legal
982	982	1
983	983	2
984	984	3
985	985	4
986	986	5
987	987	6
988	988	7
989	989	8
990	990	9
991	991	10
992	992	11
993	993	12
994	994	13
995	995	14
996	996	15
997	997	16
998	998	17
999	999	18
1000	1000	19
1001	1001	20
1002	1002	21
1003	1003	22
1004	1004	23
1005	1005	24
1006	1006	25
1007	1007	26
1008	1008	27
1009	1009	28
1010	1010	29
1011	1011	30
1012	1012	31
1013	1013	32
1014	1014	33
1015	1015	34
1016	1016	35
1017	1017	36
1018	1018	37
1019	1019	38
1020	1020	39
1021	1021	40
1022	1022	41
1023	1023	42
1024	1024	43 HB 2287 13
1025	1025	custody and support rights on behalf of the child are assigned pursuant to
1026	1026	this section, the surrender of physical custody and the assignment shall
1027	1027	transfer, by operation of law, the child's support rights under the order to
1028	1028	the secretary on behalf of the state. Such assignment shall be of all
1029	1029	accrued, present or future rights to support of the child surrendered to the
1030	1030	caretaker relative. The assignment of support rights shall automatically
1031	1031	become effective upon the date of approval for or receipt of such aid
1032	1032	without the requirement that any document be signed by the applicant,
1033	1033	recipient or obligee. By applying for or receiving temporary assistance for
1034	1034	needy families, or by surrendering physical custody of a child to a
1035	1035	caretaker relative who is an applicant or recipient of such assistance on the
1036	1036	child's behalf, the applicant, recipient or obligee is also deemed to have
1037	1037	appointed the secretary, or the secretary's designee, as an attorney-in-fact
1038	1038	to perform the specific act of negotiating and endorsing all drafts, checks,
1039	1039	money orders or other negotiable instruments representing support
1040	1040	payments received by the secretary in behalf of any person applying for,
1041	1041	receiving or having received such assistance. This limited power of
1042	1042	attorney shall be effective from the date the secretary approves the
1043	1043	application for aid and shall remain in effect until the assignment of
1044	1044	support rights has been terminated in full.
1045	1045	(e) Requirements for medical assistance for which federal moneys or
1046	1046	state moneys or both are expended. (1) When the secretary has adopted a
1047	1047	medical care plan under which federal moneys or state moneys or both are
1048	1048	expended, medical assistance in accordance with such plan shall be
1049	1049	granted to any person who is a citizen of the United States or who is an
1050	1050	alien lawfully admitted to the United States and who is residing in the state
1051	1051	of Kansas, whose resources and income do not exceed the levels
1052	1052	prescribed by the secretary. In determining the need of an individual, the
1053	1053	secretary may provide for income and resource exemptions and protected
1054	1054	income and resource levels. Resources from inheritance shall be counted.
1055	1055	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
1056	1056	amendments thereto, shall constitute a transfer of resources. The secretary
1057	1057	shall exempt principal and interest held in irrevocable trust pursuant to
1058	1058	K.S.A. 16-303(c), and amendments thereto, from the eligibility
1059	1059	requirements of applicants for and recipients of medical assistance. Such
1060	1060	assistance shall be known as medical assistance.
1061	1061	(2) For the purposes of medical assistance eligibility determinations
1062	1062	on or after July 1, 2004, if an applicant or recipient owns property in joint
1063	1063	tenancy with some other party and the applicant or recipient of medical
1064	1064	assistance has restricted or conditioned their interest in such property to a
1065	1065	specific and discrete property interest less than 100%, then such
1066	1066	designation will cause the full value of the property to be considered an
1067	1067	available resource to the applicant or recipient. Medical assistance
1068	1068	1
1069	1069	2
1070	1070	3
1071	1071	4
1072	1072	5
1073	1073	6
1074	1074	7
1075	1075	8
1076	1076	9
1077	1077	10
1078	1078	11
1079	1079	12
1080	1080	13
1081	1081	14
1082	1082	15
1083	1083	16
1084	1084	17
1085	1085	18
1086	1086	19
1087	1087	20
1088	1088	21
1089	1089	22
1090	1090	23
1091	1091	24
1092	1092	25
1093	1093	26
1094	1094	27
1095	1095	28
1096	1096	29
1097	1097	30
1098	1098	31
1099	1099	32
1100	1100	33
1101	1101	34
1102	1102	35
1103	1103	36
1104	1104	37
1105	1105	38
1106	1106	39
1107	1107	40
1108	1108	41
1109	1109	42
1110	1110	43 HB 2287 14
1111	1111	eligibility for receipt of benefits under the title XIX of the social security
1112	1112	act, commonly known as medicaid, shall not be expanded, as provided for
1113	1113	in the patient protection and affordable care act, public law 111-148, 124
1114	1114	stat. 119, and the health care and education reconciliation act of 2010,
1115	1115	public law 111-152, 124 stat. 1029, unless the legislature expressly
1116	1116	consents to, and approves of, the expansion of medicaid services by an act
1117	1117	of the legislature.
1118	1118	(3) (A) Resources from trusts shall be considered when determining
1119	1119	eligibility of a trust beneficiary for medical assistance. Medical assistance
1120	1120	is to be secondary to all resources, including trusts, that may be available
1121	1121	to an applicant or recipient of medical assistance.
1122	1122	(B) If a trust has discretionary language, the trust shall be considered
1123	1123	to be an available resource to the extent, using the full extent of discretion,
1124	1124	the trustee may make any of the income or principal available to the
1125	1125	applicant or recipient of medical assistance. Any such discretionary trust
1126	1126	shall be considered an available resource unless:
1127	1127	(i) At the time of creation or amendment of the trust, the trust states a
1128	1128	clear intent that the trust is supplemental to public assistance; and
1129	1129	(ii) the trust is funded:
1130	1130	(a) From resources of a person who, at the time of such funding,
1131	1131	owed no duty of support to the applicant or recipient of medical assistance;
1132	1132	or
1133	1133	(b) not more than nominally from resources of a person while that
1134	1134	person owed a duty of support to the applicant or recipient of medical
1135	1135	assistance.
1136	1136	(C) For the purposes of this paragraph, "public assistance" includes,
1137	1137	but is not limited to, medicaid, medical assistance or title XIX of the social
1138	1138	security act.
1139	1139	(4) (A) When an applicant or recipient of medical assistance is a party
1140	1140	to a contract, agreement or accord for personal services being provided by
1141	1141	a nonlicensed individual or provider and such contract, agreement or
1142	1142	accord involves health and welfare monitoring, pharmacy assistance, case
1143	1143	management, communication with medical, health or other professionals,
1144	1144	or other activities related to home health care, long term care, medical
1145	1145	assistance benefits, or other related issues, any moneys paid under such
1146	1146	contract, agreement or accord shall be considered to be an available
1147	1147	resource unless the following restrictions are met:
1148	1148	(i) The contract, agreement or accord must be in writing and executed
1149	1149	prior to any services being provided;
1150	1150	(ii) the moneys paid are in direct relationship with the fair market
1151	1151	value of such services being provided by similarly situated and trained
1152	1152	nonlicensed individuals;
1153	1153	(iii) if no similarly situated nonlicensed individuals or situations can
1154	1154	1
1155	1155	2
1156	1156	3
1157	1157	4
1158	1158	5
1159	1159	6
1160	1160	7
1161	1161	8
1162	1162	9
1163	1163	10
1164	1164	11
1165	1165	12
1166	1166	13
1167	1167	14
1168	1168	15
1169	1169	16
1170	1170	17
1171	1171	18
1172	1172	19
1173	1173	20
1174	1174	21
1175	1175	22
1176	1176	23
1177	1177	24
1178	1178	25
1179	1179	26
1180	1180	27
1181	1181	28
1182	1182	29
1183	1183	30
1184	1184	31
1185	1185	32
1186	1186	33
1187	1187	34
1188	1188	35
1189	1189	36
1190	1190	37
1191	1191	38
1192	1192	39
1193	1193	40
1194	1194	41
1195	1195	42
1196	1196	43 HB 2287 15
1197	1197	be found, the value of services will be based on federal hourly minimum
1198	1198	wage standards;
1199	1199	(iv) such individual providing the services shall report all receipts of
1200	1200	moneys as income to the appropriate state and federal governmental
1201	1201	revenue agencies;
1202	1202	(v) any amounts due under such contract, agreement or accord shall
1203	1203	be paid after the services are rendered;
1204	1204	(vi) the applicant or recipient shall have the power to revoke the
1205	1205	contract, agreement or accord; and
1206	1206	(vii) upon the death of the applicant or recipient, the contract,
1207	1207	agreement or accord ceases.
1208	1208	(B) When an applicant or recipient of medical assistance is a party to
1209	1209	a written contract for personal services being provided by a licensed health
1210	1210	professional or facility and such contract involves health and welfare
1211	1211	monitoring, pharmacy assistance, case management, communication with
1212	1212	medical, health or other professionals, or other activities related to home
1213	1213	health care, long term care, medical assistance benefits or other related
1214	1214	issues, any moneys paid in advance of receipt of services for such
1215	1215	contracts shall be considered to be an available resource.
1216	1216	(5) Any trust may be amended if such amendment is permitted by the
1217	1217	Kansas uniform trust code.
1218	1218	(f) Eligibility for medical assistance of resident receiving medical
1219	1219	care outside state. A person who is receiving medical care including long-
1220	1220	term care outside of Kansas whose health would be endangered by the
1221	1221	postponement of medical care until return to the state or by travel to return
1222	1222	to Kansas, may be determined eligible for medical assistance if such
1223	1223	individual is a resident of Kansas and all other eligibility factors are met.
1224	1224	Persons who are receiving medical care on an ongoing basis in a long-term
1225	1225	medical care facility in a state other than Kansas and who do not return to
1226	1226	a care facility in Kansas when they are able to do so, shall no longer be
1227	1227	eligible to receive assistance in Kansas unless such medical care is not
1228	1228	available in a comparable facility or program providing such medical care
1229	1229	in Kansas. For persons who are minors or who are under guardianship, the
1230	1230	actions of the parent or guardian shall be deemed to be the actions of the
1231	1231	child or ward in determining whether or not the person is remaining
1232	1232	outside the state voluntarily.
1233	1233	(g) Medical assistance; assignment of rights to medical support and
1234	1234	limited power of attorney; recovery from estates of deceased recipients. (1)
1235	1235	(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
1236	1236	amendments thereto, or as otherwise authorized on and after September
1237	1237	30, 1989, under section 303 of the federal medicare catastrophic coverage
1238	1238	act of 1988, whichever is applicable, by applying for or receiving medical
1239	1239	assistance under a medical care plan in which federal funds are expended,
1240	1240	1
1241	1241	2
1242	1242	3
1243	1243	4
1244	1244	5
1245	1245	6
1246	1246	7
1247	1247	8
1248	1248	9
1249	1249	10
1250	1250	11
1251	1251	12
1252	1252	13
1253	1253	14
1254	1254	15
1255	1255	16
1256	1256	17
1257	1257	18
1258	1258	19
1259	1259	20
1260	1260	21
1261	1261	22
1262	1262	23
1263	1263	24
1264	1264	25
1265	1265	26
1266	1266	27
1267	1267	28
1268	1268	29
1269	1269	30
1270	1270	31
1271	1271	32
1272	1272	33
1273	1273	34
1274	1274	35
1275	1275	36
1276	1276	37
1277	1277	38
1278	1278	39
1279	1279	40
1280	1280	41
1281	1281	42
1282	1282	43 HB 2287 16
1283	1283	any accrued, present or future rights to support and any rights to payment
1284	1284	for medical care from a third party of an applicant or recipient and any
1285	1285	other family member for whom the applicant is applying shall be deemed
1286	1286	to have been assigned to the secretary on behalf of the state. The
1287	1287	assignment shall automatically become effective upon the date of approval
1288	1288	for such assistance without the requirement that any document be signed
1289	1289	by the applicant or recipient. By applying for or receiving medical
1290	1290	assistance the applicant or recipient is also deemed to have appointed the
1291	1291	secretary, or the secretary's designee, as an attorney-in-fact to perform the
1292	1292	specific act of negotiating and endorsing all drafts, checks, money orders
1293	1293	or other negotiable instruments, representing payments received by the
1294	1294	secretary in on behalf of any person applying for, receiving or having
1295	1295	received such assistance. This limited power of attorney shall be effective
1296	1296	from the date the secretary approves the application for assistance and
1297	1297	shall remain in effect until the assignment has been terminated in full. The
1298	1298	assignment of any rights to payment for medical care from a third party
1299	1299	under this subsection shall not prohibit a health care provider from directly
1300	1300	billing an insurance carrier for services rendered if the provider has not
1301	1301	submitted a claim covering such services to the secretary for payment.
1302	1302	Support amounts collected on behalf of persons whose rights to support
1303	1303	are assigned to the secretary only under this subsection and no other shall
1304	1304	be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
1305	1305	except that any amounts designated as medical support shall be retained by
1306	1306	the secretary for repayment of the unreimbursed portion of assistance.
1307	1307	Amounts collected pursuant to the assignment of rights to payment for
1308	1308	medical care from a third party shall also be retained by the secretary for
1309	1309	repayment of the unreimbursed portion of assistance.
1310	1310	(B) Notwithstanding the provisions of subparagraph (A), the
1311	1311	secretary of health and environment, or the secretary's designee, is hereby
1312	1312	authorized to and shall exercise any of the powers specified in
1313	1313	subparagraph (A) in relation to performance of such secretary's duties
1314	1314	pertaining to medical subrogation, estate recovery or any other duties
1315	1315	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1316	1316	Annotated, and amendments thereto.
1317	1317	(2) The amount of any medical assistance paid after June 30, 1992,
1318	1318	under the provisions of subsection (e) is a claim against the property or
1319	1319	any interest therein belonging to and a part of the estate of any deceased
1320	1320	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1321	1321	shall be charged for such medical assistance paid to either or both and a
1322	1322	claim against any funds of such recipient or spouse in any account under
1323	1323	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1324	1324	be no recovery of medical assistance correctly paid to or on behalf of an
1325	1325	individual under subsection (e) except after the death of the surviving
1326	1326	1
1327	1327	2
1328	1328	3
1329	1329	4
1330	1330	5
1331	1331	6
1332	1332	7
1333	1333	8
1334	1334	9
1335	1335	10
1336	1336	11
1337	1337	12
1338	1338	13
1339	1339	14
1340	1340	15
1341	1341	16
1342	1342	17
1343	1343	18
1344	1344	19
1345	1345	20
1346	1346	21
1347	1347	22
1348	1348	23
1349	1349	24
1350	1350	25
1351	1351	26
1352	1352	27
1353	1353	28
1354	1354	29
1355	1355	30
1356	1356	31
1357	1357	32
1358	1358	33
1359	1359	34
1360	1360	35
1361	1361	36
1362	1362	37
1363	1363	38
1364	1364	39
1365	1365	40
1366	1366	41
1367	1367	42
1368	1368	43 HB 2287 17
1369	1369	spouse of the individual, if any, and only at a time when the individual has
1370	1370	no surviving child who is under 21 years of age or is blind or permanently
1371	1371	and totally disabled. Transfers of real or personal property by recipients of
1372	1372	medical assistance without adequate consideration are voidable and may
1373	1373	be set aside. Except where there is a surviving spouse, or a surviving child
1374	1374	who is under 21 years of age or is blind or permanently and totally
1375	1375	disabled, the amount of any medical assistance paid under subsection (e) is
1376	1376	a claim against the estate in any guardianship or conservatorship
1377	1377	proceeding. The monetary value of any benefits received by the recipient
1378	1378	of such medical assistance under long-term care insurance, as defined by
1379	1379	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1380	1380	amount of the claim provided for such medical assistance under this
1381	1381	subsection. The secretary of health and environment is authorized to
1382	1382	enforce each claim provided for under this subsection. The secretary of
1383	1383	health and environment shall not be required to pursue every claim, but is
1384	1384	granted discretion to determine which claims to pursue. All moneys
1385	1385	received by the secretary of health and environment from claims under this
1386	1386	subsection shall be deposited in the social welfare fund. The secretary of
1387	1387	health and environment may adopt rules and regulations for the
1388	1388	implementation and administration of the medical assistance recovery
1389	1389	program under this subsection.
1390	1390	(3) By applying for or receiving medical assistance under the
1391	1391	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1392	1392	amendments thereto, such individual or such individual's agent, fiduciary,
1393	1393	guardian, conservator, representative payee or other person acting on
1394	1394	behalf of the individual consents to the following definitions of estate and
1395	1395	the results therefrom:
1396	1396	(A) If an individual receives any medical assistance before July 1,
1397	1397	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1398	1398	and amendments thereto, which forms the basis for a claim under
1399	1399	paragraph (2), such claim is limited to the individual's probatable estate as
1400	1400	defined by applicable law; and
1401	1401	(B) if an individual receives any medical assistance on or after July 1,
1402	1402	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1403	1403	and amendments thereto, which forms the basis for a claim under
1404	1404	paragraph (2), such claim shall apply to the individual's medical assistance
1405	1405	estate. The medical assistance estate is defined as including all real and
1406	1406	personal property and other assets in which the deceased individual had
1407	1407	any legal title or interest immediately before or at the time of death to the
1408	1408	extent of that interest or title. The medical assistance estate includes
1409	1409	without limitation, assets conveyed to a survivor, heir or assign of the
1410	1410	deceased recipient through joint tenancy, tenancy in common,
1411	1411	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1412	1412	1
1413	1413	2
1414	1414	3
1415	1415	4
1416	1416	5
1417	1417	6
1418	1418	7
1419	1419	8
1420	1420	9
1421	1421	10
1422	1422	11
1423	1423	12
1424	1424	13
1425	1425	14
1426	1426	15
1427	1427	16
1428	1428	17
1429	1429	18
1430	1430	19
1431	1431	20
1432	1432	21
1433	1433	22
1434	1434	23
1435	1435	24
1436	1436	25
1437	1437	26
1438	1438	27
1439	1439	28
1440	1440	29
1441	1441	30
1442	1442	31
1443	1443	32
1444	1444	33
1445	1445	34
1446	1446	35
1447	1447	36
1448	1448	37
1449	1449	38
1450	1450	39
1451	1451	40
1452	1452	41
1453	1453	42
1454	1454	43 HB 2287 18
1455	1455	trust, annuities or similar arrangement.
1456	1456	(4) The secretary of health and environment or the secretary's
1457	1457	designee is authorized to file and enforce a lien against the real property of
1458	1458	a recipient of medical assistance in certain situations, subject to all prior
1459	1459	liens of record and transfers for value to a bona fide purchaser of record.
1460	1460	The lien must be filed in the office of the register of deeds of the county
1461	1461	where the real property is located within one year from the date of death of
1462	1462	the recipient and must contain the legal description of all real property in
1463	1463	the county subject to the lien.
1464	1464	(A) After the death of a recipient of medical assistance, the secretary
1465	1465	of health and environment or the secretary's designee may place a lien on
1466	1466	any interest in real property owned by such recipient.
1467	1467	(B) The secretary of health and environment or the secretary's
1468	1468	designee may place a lien on any interest in real property owned by a
1469	1469	recipient of medical assistance during the lifetime of such recipient. Such
1470	1470	lien may be filed only after notice and an opportunity for a hearing has
1471	1471	been given. Such lien may be enforced only upon competent medical
1472	1472	testimony that the recipient cannot reasonably be expected to be
1473	1473	discharged and returned home. A six-month period of compensated
1474	1474	inpatient care at a nursing home or other medical institution shall
1475	1475	constitute a determination by the department of health and environment
1476	1476	that the recipient cannot reasonably be expected to be discharged and
1477	1477	returned home. To return home means the recipient leaves the nursing or
1478	1478	medical facility and resides in the home on which the lien has been placed
1479	1479	for a continuous period of at least 90 days without being readmitted as an
1480	1480	inpatient to a nursing or medical facility. The amount of the lien shall be
1481	1481	for the amount of assistance paid by the department of health and
1482	1482	environment until the time of the filing of the lien and for any amount paid
1483	1483	thereafter for such medical assistance to the recipient. After the lien is filed
1484	1484	against any real property owned by the recipient, such lien will be
1485	1485	dissolved if the recipient is discharged, returns home and resides upon the
1486	1486	real property to which the lien is attached for a continuous period of at
1487	1487	least 90 days without being readmitted as an inpatient to a nursing or
1488	1488	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1489	1489	medical facility for a continuous period of less than 90 days, another
1490	1490	continuous period of at least 90 days shall be completed prior to
1491	1491	dissolution of the lien.
1492	1492	(5) The lien filed by the secretary of health and environment or the
1493	1493	secretary's designee for medical assistance correctly received may be
1494	1494	enforced before or after the death of the recipient by the filing of an action
1495	1495	to foreclose such lien in the Kansas district court or through an estate
1496	1496	probate court action in the county where the real property of the recipient
1497	1497	is located. However, it may be enforced only:
1498	1498	1
1499	1499	2
1500	1500	3
1501	1501	4
1502	1502	5
1503	1503	6
1504	1504	7
1505	1505	8
1506	1506	9
1507	1507	10
1508	1508	11
1509	1509	12
1510	1510	13
1511	1511	14
1512	1512	15
1513	1513	16
1514	1514	17
1515	1515	18
1516	1516	19
1517	1517	20
1518	1518	21
1519	1519	22
1520	1520	23
1521	1521	24
1522	1522	25
1523	1523	26
1524	1524	27
1525	1525	28
1526	1526	29
1527	1527	30
1528	1528	31
1529	1529	32
1530	1530	33
1531	1531	34
1532	1532	35
1533	1533	36
1534	1534	37
1535	1535	38
1536	1536	39
1537	1537	40
1538	1538	41
1539	1539	42
1540	1540	43 HB 2287 19
1541	1541	(A) After the death of the surviving spouse of the recipient;
1542	1542	(B) when there is no child of the recipient, natural or adopted, who is
1543	1543	20 years of age or less residing in the home;
1544	1544	(C) when there is no adult child of the recipient, natural or adopted,
1545	1545	who is blind or disabled residing in the home; or
1546	1546	(D) when no brother or sister of the recipient is lawfully residing in
1547	1547	the home, who has resided there for at least one year immediately before
1548	1548	the date of the recipient's admission to the nursing or medical facility, and
1549	1549	has resided there on a continuous basis since that time.
1550	1550	(6) The lien remains on the property even after a transfer of the title
1551	1551	by conveyance, sale, succession, inheritance or will unless one of the
1552	1552	following events occur:
1553	1553	(A) The lien is satisfied. The recipient, the heirs, personal
1554	1554	representative or assigns of the recipient may discharge such lien at any
1555	1555	time by paying the amount of the lien to the secretary of health and
1556	1556	environment or the secretary's designee;
1557	1557	(B) the lien is terminated by foreclosure of prior lien of record or
1558	1558	settlement action taken in lieu of foreclosure; or
1559	1559	(C) the value of the real property is consumed by the lien, at which
1560	1560	time the secretary of health and environment or the secretary's designee
1561	1561	may force the sale for the real property to satisfy the lien.
1562	1562	(7) If the secretary for aging and disability services or the secretary of
1563	1563	health and environment, or both, or such secretary's designee has not filed
1564	1564	an action to foreclose the lien in the Kansas district court in the county
1565	1565	where the real property is located within 10 years from the date of the
1566	1566	filing of the lien, then the lien shall become dormant, and shall cease to
1567	1567	operate as a lien on the real estate of the recipient. Such dormant lien may
1568	1568	be revived in the same manner as a dormant judgment lien is revived under
1569	1569	K.S.A. 60-2403 et seq., and amendments thereto.
1570	1570	(8) Within seven days of receipt of notice by the secretary for
1571	1571	children and families or the secretary's designee of the death of a recipient
1572	1572	of medical assistance under this subsection, the secretary for children and
1573	1573	families or the secretary's designee shall give notice of such recipient's
1574	1574	death to the secretary of health and environment or the secretary's
1575	1575	designee.
1576	1576	(9) All rules and regulations adopted on and after July 1, 2013, and
1577	1577	prior to July 1, 2014, to implement this subsection shall continue to be
1578	1578	effective and shall be deemed to be duly adopted rules and regulations of
1579	1579	the secretary of health and environment until revised, amended, revoked or
1580	1580	nullified pursuant to law.
1581	1581	(h) Placement under the revised Kansas code for care of children or
1582	1582	revised Kansas juvenile justice code; assignment of support rights and
1583	1583	limited power of attorney. In any case in which the secretary for children
1584	1584	1
1585	1585	2
1586	1586	3
1587	1587	4
1588	1588	5
1589	1589	6
1590	1590	7
1591	1591	8
1592	1592	9
1593	1593	10
1594	1594	11
1595	1595	12
1596	1596	13
1597	1597	14
1598	1598	15
1599	1599	16
1600	1600	17
1601	1601	18
1602	1602	19
1603	1603	20
1604	1604	21
1605	1605	22
1606	1606	23
1607	1607	24
1608	1608	25
1609	1609	26
1610	1610	27
1611	1611	28
1612	1612	29
1613	1613	30
1614	1614	31
1615	1615	32
1616	1616	33
1617	1617	34
1618	1618	35
1619	1619	36
1620	1620	37
1621	1621	38
1622	1622	39
1623	1623	40
1624	1624	41
1625	1625	42
1626	1626	43 HB 2287 20
1627	1627	and families pays for the expenses of care and custody of a child pursuant
1628	1628	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1629	1629	including the expenses of any foster care placement, an assignment of all
1630	1630	past, present and future support rights of the child in custody possessed by
1631	1631	either parent or other person entitled to receive support payments for the
1632	1632	child is, by operation of law, conveyed to the secretary. Such assignment
1633	1633	shall become effective upon placement of a child in the custody of the
1634	1634	secretary or upon payment of the expenses of care and custody of a child
1635	1635	by the secretary without the requirement that any document be signed by
1636	1636	the parent or other person entitled to receive support payments for the
1637	1637	child. When the secretary pays for the expenses of care and custody of a
1638	1638	child or a child is placed in the custody of the secretary, the parent or other
1639	1639	person entitled to receive support payments for the child is also deemed to
1640	1640	have appointed the secretary, or the secretary's designee, as attorney in fact
1641	1641	to perform the specific act of negotiating and endorsing all drafts, checks,
1642	1642	money orders or other negotiable instruments representing support
1643	1643	payments received by the secretary on behalf of the child. This limited
1644	1644	power of attorney shall be effective from the date the assignment to
1645	1645	support rights becomes effective and shall remain in effect until the
1646	1646	assignment of support rights has been terminated in full.
1647	1647	(i) No person who voluntarily quits employment or who is fired from
1648	1648	employment due to gross misconduct as defined by rules and regulations
1649	1649	of the secretary or who is a fugitive from justice by reason of a felony
1650	1650	conviction or charge or violation of a condition of probation or parole
1651	1651	imposed under federal or state law shall be eligible to receive public
1652	1652	assistance benefits in this state. Any recipient of public assistance who
1653	1653	fails to timely comply with monthly reporting requirements under criteria
1654	1654	and guidelines prescribed by rules and regulations of the secretary shall be
1655	1655	subject to a penalty established by the secretary by rules and regulations.
1656	1656	(j) If the applicant or recipient of temporary assistance for needy
1657	1657	families is a mother of the dependent child, as a condition of the mother's
1658	1658	eligibility for temporary assistance for needy families the mother shall
1659	1659	identify by name and, if known, by current address the father of the
1660	1660	dependent child except that the secretary may adopt by rules and
1661	1661	regulations exceptions to this requirement in cases of undue hardship. Any
1662	1662	recipient of temporary assistance for needy families who fails to cooperate
1663	1663	with requirements relating to child support services under criteria and
1664	1664	guidelines prescribed by rules and regulations of the secretary shall be
1665	1665	subject to a penalty established by the secretary.
1666	1666	(k) By applying for or receiving child care subsidy or food assistance,
1667	1667	the applicant or recipient shall be deemed to have assigned, pursuant to
1668	1668	K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
1669	1669	state only accrued, present or future rights to support from any other
1670	1670	1
1671	1671	2
1672	1672	3
1673	1673	4
1674	1674	5
1675	1675	6
1676	1676	7
1677	1677	8
1678	1678	9
1679	1679	10
1680	1680	11
1681	1681	12
1682	1682	13
1683	1683	14
1684	1684	15
1685	1685	16
1686	1686	17
1687	1687	18
1688	1688	19
1689	1689	20
1690	1690	21
1691	1691	22
1692	1692	23
1693	1693	24
1694	1694	25
1695	1695	26
1696	1696	27
1697	1697	28
1698	1698	29
1699	1699	30
1700	1700	31
1701	1701	32
1702	1702	33
1703	1703	34
1704	1704	35
1705	1705	36
1706	1706	37
1707	1707	38
1708	1708	39
1709	1709	40
1710	1710	41
1711	1711	42
1712	1712	43 HB 2287 21
1713	1713	person such applicant may have in such person's own behalf or in behalf of
1714	1714	any other family member for whom the applicant is applying for or
1715	1715	receiving aid. The assignment of support rights shall automatically become
1716	1716	effective upon the date of approval for or receipt of such aid without the
1717	1717	requirement that any document be signed by the applicant or recipient. By
1718	1718	applying for or receiving child care subsidy or food assistance, the
1719	1719	applicant or recipient is also deemed to have appointed the secretary, or the
1720	1720	secretary's designee, as an attorney in fact to perform the specific act of
1721	1721	negotiating and endorsing all drafts, checks, money orders or other
1722	1722	negotiable instruments representing support payments received by the
1723	1723	secretary in behalf of any person applying for, receiving or having
1724	1724	received such assistance. This limited power of attorney shall be effective
1725	1725	from the date the secretary approves the application for aid and shall
1726	1726	remain in effect until the assignment of support rights has been terminated
1727	1727	in full. An applicant or recipient who has assigned support rights to the
1728	1728	secretary pursuant to this subsection shall cooperate in establishing and
1729	1729	enforcing support obligations to the same extent required of applicants for
1730	1730	or recipients of temporary assistance for needy families.
1731	1731	(l) (1) A program of drug screening for applicants for cash assistance
1732	1732	as a condition of eligibility for cash assistance and persons receiving cash
1733	1733	assistance as a condition of continued receipt of cash assistance shall be
1734	1734	established, subject to applicable federal law, by the secretary for children
1735	1735	and families on and before January 1, 2014. Under such program of drug
1736	1736	screening, the secretary for children and families shall order a drug
1737	1737	screening of an applicant for or a recipient of cash assistance at any time
1738	1738	when reasonable suspicion exists that such applicant for or recipient of
1739	1739	cash assistance is unlawfully using a controlled substance or controlled
1740	1740	substance analog. The secretary for children and families may use any
1741	1741	information obtained by the secretary for children and families to
1742	1742	determine whether such reasonable suspicion exists, including, but not
1743	1743	limited to, an applicant's or recipient's demeanor, missed appointments and
1744	1744	arrest or other police records, previous employment or application for
1745	1745	employment in an occupation or industry that regularly conducts drug
1746	1746	screening, termination from previous employment due to unlawful use of a
1747	1747	controlled substance or controlled substance analog or prior drug screening
1748	1748	records of the applicant or recipient indicating unlawful use of a controlled
1749	1749	substance or controlled substance analog.
1750	1750	(2) Any applicant for or recipient of cash assistance whose drug
1751	1751	screening results in a positive test may request that the drug screening
1752	1752	specimen be sent to a different drug testing facility for an additional drug
1753	1753	screening. Any applicant for or recipient of cash assistance who requests
1754	1754	an additional drug screening at a different drug testing facility shall be
1755	1755	required to pay the cost of drug screening. Such applicant or recipient who
1756	1756	1
1757	1757	2
1758	1758	3
1759	1759	4
1760	1760	5
1761	1761	6
1762	1762	7
1763	1763	8
1764	1764	9
1765	1765	10
1766	1766	11
1767	1767	12
1768	1768	13
1769	1769	14
1770	1770	15
1771	1771	16
1772	1772	17
1773	1773	18
1774	1774	19
1775	1775	20
1776	1776	21
1777	1777	22
1778	1778	23
1779	1779	24
1780	1780	25
1781	1781	26
1782	1782	27
1783	1783	28
1784	1784	29
1785	1785	30
1786	1786	31
1787	1787	32
1788	1788	33
1789	1789	34
1790	1790	35
1791	1791	36
1792	1792	37
1793	1793	38
1794	1794	39
1795	1795	40
1796	1796	41
1797	1797	42
1798	1798	43 HB 2287 22
1799	1799	took the additional drug screening and who tested negative for unlawful
1800	1800	use of a controlled substance and controlled substance analog shall be
1801	1801	reimbursed for the cost of such additional drug screening.
1802	1802	(3) Any applicant for or recipient of cash assistance who tests
1803	1803	positive for unlawful use of a controlled substance or controlled substance
1804	1804	analog shall be required to complete a substance abuse treatment program
1805	1805	approved by the secretary for children and families, secretary of labor or
1806	1806	secretary of commerce, and a job skills program approved by the secretary
1807	1807	for children and families, secretary of labor or secretary of commerce.
1808	1808	Subject to applicable federal laws, any applicant for or recipient of cash
1809	1809	assistance who fails to complete or refuses to participate in the substance
1810	1810	abuse treatment program or job skills program as required under this
1811	1811	subsection shall be ineligible to receive cash assistance until completion of
1812	1812	such substance abuse treatment and job skills programs. Upon completion
1813	1813	of both substance abuse treatment and job skills programs, such applicant
1814	1814	for or recipient of cash assistance may be subject to periodic drug
1815	1815	screening, as determined by the secretary for children and families. Upon a
1816	1816	second positive test for unlawful use of a controlled substance or
1817	1817	controlled substance analog, a recipient of cash assistance shall be ordered
1818	1818	to complete again a substance abuse treatment program and job skills
1819	1819	program, and shall be terminated from cash assistance for a period of 12
1820	1820	months, or until such recipient of cash assistance completes both substance
1821	1821	abuse treatment and job skills programs, whichever is later. Upon a third
1822	1822	positive test for unlawful use of a controlled substance or controlled
1823	1823	substance analog, a recipient of cash assistance shall be terminated from
1824	1824	cash assistance, subject to applicable federal law.
1825	1825	(4) If an applicant for or recipient of cash assistance is ineligible for
1826	1826	or terminated from cash assistance as a result of a positive test for
1827	1827	unlawful use of a controlled substance or controlled substance analog, and
1828	1828	such applicant for or recipient of cash assistance is the parent or legal
1829	1829	guardian of a minor child, an appropriate protective payee shall be
1830	1830	designated to receive cash assistance on behalf of such child. Such parent
1831	1831	or legal guardian of the minor child may choose to designate an individual
1832	1832	to receive cash assistance for such parent's or legal guardian's minor child,
1833	1833	as approved by the secretary for children and families. Prior to the
1834	1834	designated individual receiving any cash assistance, the secretary for
1835	1835	children and families shall review whether reasonable suspicion exists that
1836	1836	such designated individual is unlawfully using a controlled substance or
1837	1837	controlled substance analog.
1838	1838	(A) In addition, any individual designated to receive cash assistance
1839	1839	on behalf of an eligible minor child shall be subject to drug screening at
1840	1840	any time when reasonable suspicion exists that such designated individual
1841	1841	is unlawfully using a controlled substance or controlled substance analog.
1842	1842	1
1843	1843	2
1844	1844	3
1845	1845	4
1846	1846	5
1847	1847	6
1848	1848	7
1849	1849	8
1850	1850	9
1851	1851	10
1852	1852	11
1853	1853	12
1854	1854	13
1855	1855	14
1856	1856	15
1857	1857	16
1858	1858	17
1859	1859	18
1860	1860	19
1861	1861	20
1862	1862	21
1863	1863	22
1864	1864	23
1865	1865	24
1866	1866	25
1867	1867	26
1868	1868	27
1869	1869	28
1870	1870	29
1871	1871	30
1872	1872	31
1873	1873	32
1874	1874	33
1875	1875	34
1876	1876	35
1877	1877	36
1878	1878	37
1879	1879	38
1880	1880	39
1881	1881	40
1882	1882	41
1883	1883	42
1884	1884	43 HB 2287 23
1885	1885	The secretary for children and families may use any information obtained
1886	1886	by the secretary for children and families to determine whether such
1887	1887	reasonable suspicion exists, including, but not limited to, the designated
1888	1888	individual's demeanor, missed appointments and arrest or other police
1889	1889	records, previous employment or application for employment in an
1890	1890	occupation or industry that regularly conducts drug screening, termination
1891	1891	from previous employment due to unlawful use of a controlled substance
1892	1892	or controlled substance analog or prior drug screening records of the
1893	1893	designated individual indicating unlawful use of a controlled substance or
1894	1894	controlled substance analog.
1895	1895	(B) Any designated individual whose drug screening results in a
1896	1896	positive test may request that the drug screening specimen be sent to a
1897	1897	different drug testing facility for an additional drug screening. Any
1898	1898	designated individual who requests an additional drug screening at a
1899	1899	different drug testing facility shall be required to pay the cost of drug
1900	1900	screening. Such designated individual who took the additional drug
1901	1901	screening and who tested negative for unlawful use of a controlled
1902	1902	substance and controlled substance analog shall be reimbursed for the cost
1903	1903	of such additional drug screening.
1904	1904	(C) Upon any positive test for unlawful use of a controlled substance
1905	1905	or controlled substance analog, the designated individual shall not receive
1906	1906	cash assistance on behalf of the parent's or legal guardian's minor child,
1907	1907	and another designated individual shall be selected by the secretary for
1908	1908	children and families to receive cash assistance on behalf of such parent's
1909	1909	or legal guardian's minor child.
1910	1910	(5) If a person has been convicted under federal or state law of any
1911	1911	offense that is classified as a felony by the law of the jurisdiction and has
1912	1912	as an element of such offense the manufacture, cultivation, distribution,
1913	1913	possession or use of a controlled substance or controlled substance analog,
1914	1914	and the date of conviction is on or after July 1, 2013, such person shall
1915	1915	thereby become forever ineligible to receive any cash assistance under this
1916	1916	subsection unless such conviction is the person's first conviction. First-
1917	1917	time offenders convicted under federal or state law of any offense that is
1918	1918	classified as a felony by the law of the jurisdiction and has as an element
1919	1919	of such offense the manufacture, cultivation, distribution, possession or
1920	1920	use of a controlled substance or controlled substance analog, and the date
1921	1921	of conviction is on or after July 1, 2013, such person shall become
1922	1922	ineligible to receive cash assistance for five years from the date of
1923	1923	conviction.
1924	1924	(6) Except for hearings before the Kansas department for children
1925	1925	and families, the results of any drug screening administered as part of the
1926	1926	drug screening program authorized by this subsection shall be confidential
1927	1927	and shall not be disclosed publicly.
1928	1928	1
1929	1929	2
1930	1930	3
1931	1931	4
1932	1932	5
1933	1933	6
1934	1934	7
1935	1935	8
1936	1936	9
1937	1937	10
1938	1938	11
1939	1939	12
1940	1940	13
1941	1941	14
1942	1942	15
1943	1943	16
1944	1944	17
1945	1945	18
1946	1946	19
1947	1947	20
1948	1948	21
1949	1949	22
1950	1950	23
1951	1951	24
1952	1952	25
1953	1953	26
1954	1954	27
1955	1955	28
1956	1956	29
1957	1957	30
1958	1958	31
1959	1959	32
1960	1960	33
1961	1961	34
1962	1962	35
1963	1963	36
1964	1964	37
1965	1965	38
1966	1966	39
1967	1967	40
1968	1968	41
1969	1969	42
1970	1970	43 HB 2287 24
1971	1971	(7) The secretary for children and families may adopt such rules and
1972	1972	regulations as are necessary to carry out the provisions of this subsection.
1973	1973	(8) Any authority granted to the secretary for children and families
1974	1974	under this subsection shall be in addition to any other penalties prescribed
1975	1975	by law.
1976	1976	(9) A person shall not be denied food assistance solely because such
1977	1977	person has been convicted of a drug-related felony. The secretary for
1978	1978	children and families shall submit to the federal government any approval
1979	1979	request required to implement the provisions of this paragraph.
1980	1980	(10) As used in this subsection:
1981	1981	(A) "Cash assistance" means cash public assistance provided to
1982	1982	individuals under the provisions of article 7 of chapter 39 of the Kansas
1983	1983	Statutes Annotated, and amendments thereto, including TANF and food
1984	1984	assistance, and any rules and regulations adopted pursuant to such
1985	1985	provisions.
1986	1986	(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
1987	1987	amendments thereto, and 21 U.S.C. § 802.
1988	1988	(C) "Controlled substance analog" means the same as in K.S.A. 21-
1989	1989	5701, and amendments thereto.
1990	1990	Sec. 3. K.S.A. 39-702 and K.S.A. 2024 Supp. 39-709 are hereby
1991	1991	repealed.
1992	1992	Sec. 4. This act shall take effect and be in force from and after its
1993	1993	publication in the statute book.
1994	1994	1
1995	1995	2
1996	1996	3
1997	1997	4
1998	1998	5
1999	1999	6
2000	2000	7
2001	2001	8
2002	2002	9
2003	2003	10
2004	2004	11
2005	2005	12
2006	2006	13
2007	2007	14
2008	2008	15
2009	2009	16
2010	2010	17
2011	2011	18
2012	2012	19
2013	2013	20
2014	2014	21
2015	2015	22
2016	2016	23