Kansas 2025-2026 Regular Session

Kansas House Bill HB2358 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. 2358
3	3	By Committee on Welfare Reform
4	4	Requested by Representative Awerkamp
5	5	2-7
6	6	AN ACT concerning public assistance; relating to food assistance;
7	7	requiring able-bodied adults and work registrants without dependents
8	8	under six years of age to participate in an employment and training
9	9	program as a condition of receiving food assistance; amending K.S.A.
10	10	2024 Supp. 39-709 and repealing the existing section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
13	13	follows: 39-709. (a) General eligibility requirements for assistance for
14	14	which federal moneys are expended. Subject to the additional requirements
15	15	below, assistance in accordance with plans under which federal moneys
16	16	are expended may be granted to any needy person who:
17	17	(1) Has insufficient income or resources to provide a reasonable
18	18	subsistence compatible with decency and health. Where a husband and
19	19	wife or cohabiting partners are living together, the combined income or
20	20	resources of both shall be considered in determining the eligibility of
21	21	either or both for such assistance unless otherwise prohibited by law. The
22	22	secretary, in determining need of any applicant for or recipient of
23	23	assistance shall not take into account the financial responsibility of any
24	24	individual for any applicant or recipient of assistance unless such applicant
25	25	or recipient is such individual's spouse, cohabiting partner or such
26	26	individual's minor child or minor stepchild if the stepchild is living with
27	27	such individual. The secretary in determining need of an individual may
28	28	provide such income and resource exemptions as may be permitted by
29	29	federal law. For purposes of eligibility for temporary assistance for needy
30	30	families, for food assistance and for any other assistance provided through
31	31	the Kansas department for children and families under which federal
32	32	moneys are expended, the secretary for children and families shall
33	33	consider one motor vehicle owned by the applicant for assistance,
34	34	regardless of the value of such vehicle, as exempt personal property and
35	35	shall consider any equity in any boat, personal water craft, recreational
36	36	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
37	37	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
38	38	owned by the applicant for assistance to be a nonexempt resource of the
39	39	applicant for assistance except that any additional motor vehicle used by
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 2358 2
75	75	the applicant, the applicant's spouse or the applicant's cohabiting partner
76	76	for the primary purpose of earning income may be considered as exempt
77	77	personal property in the secretary's discretion; or
78	78	(2) is a citizen of the United States or is an alien lawfully admitted to
79	79	the United States and who is residing in the state of Kansas.
80	80	(b) Temporary assistance for needy families. Assistance may be
81	81	granted under this act to any dependent child, or relative, subject to the
82	82	general eligibility requirements as set out in subsection (a), who resides in
83	83	the state of Kansas or whose parent or other relative with whom the child
84	84	is living resides in the state of Kansas. Such assistance shall be known as
85	85	temporary assistance for needy families. Where the husband and wife or
86	86	cohabiting partners are living together, both shall register for work under
87	87	the program requirements for temporary assistance for needy families in
88	88	accordance with criteria and guidelines prescribed by rules and regulations
89	89	of the secretary.
90	90	(1) As used in this subsection, "family group" or "household" means
91	91	the applicant or recipient for TANF, child care subsidy or employment
92	92	services and all individuals living together in which there is a relationship
93	93	of legal responsibility or a qualifying caretaker relationship. This will
94	94	include a cohabiting boyfriend or girlfriend living with the person legally
95	95	responsible for the child. The family group shall not be eligible for TANF
96	96	if the family group contains at least one adult member who has received
97	97	TANF, including the federal TANF assistance received in any other state,
98	98	for 24 calendar months beginning on and after October 1, 1996, unless the
99	99	secretary determines a hardship exists and grants an extension allowing
100	100	receipt of TANF until the 36-month limit is reached. No extension beyond
101	101	36 months shall be granted. Hardship provisions for a recipient include:
102	102	(A) Is a caretaker of a disabled family member living in the
103	103	household;
104	104	(B) has a disability that precludes employment on a long-term basis
105	105	or requires substantial rehabilitation;
106	106	(C) needs a time limit extension to overcome the effects of domestic
107	107	violence or sexual assault;
108	108	(D) is involved with prevention and protection services and has an
109	109	open social service plan; or
110	110	(E) is determined by the 24
111	111	th
112	112	month to have an extreme hardship other
113	113	than what is designated in criteria listed in subparagraphs (A) through (D).
114	114	This determination will be made by the executive review team.
115	115	(2) All adults applying for TANF shall be required to complete a
116	116	work program assessment as specified by the Kansas department for
117	117	children and families, including those who have been disqualified for or
118	118	denied TANF due to non-cooperation, drug testing requirements or fraud.
119	119	Adults who are not otherwise eligible for TANF, such as ineligible aliens,
120	120	1
121	121	2
122	122	3
123	123	4
124	124	5
125	125	6
126	126	7
127	127	8
128	128	9
129	129	10
130	130	11
131	131	12
132	132	13
133	133	14
134	134	15
135	135	16
136	136	17
137	137	18
138	138	19
139	139	20
140	140	21
141	141	22
142	142	23
143	143	24
144	144	25
145	145	26
146	146	27
147	147	28
148	148	29
149	149	30
150	150	31
151	151	32
152	152	33
153	153	34
154	154	35
155	155	36
156	156	37
157	157	38
158	158	39
159	159	40
160	160	41
161	161	42
162	162	43 HB 2358 3
163	163	relative/non-relative caretakers and adults receiving supplemental security
164	164	income are not required to complete the assessment process. During the
165	165	application processing period, applicants must complete at least one
166	166	module or its equivalent of the work program assessment to be considered
167	167	eligible for TANF benefits, unless good cause is found to be exempt from
168	168	the requirements. Good cause exemptions shall only include that the
169	169	applicant:
170	170	(A) Can document an existing certification verifying completion of
171	171	the work program assessment;
172	172	(B) has a valid offer of employment or is employed a minimum of 20
173	173	hours a week;
174	174	(C) is a parenting teen without a GED or high school diploma;
175	175	(D) is enrolled in job corps;
176	176	(E) is working with a refugee social services agency; or
177	177	(F) has completed the work program assessment within the last 12
178	178	months.
179	179	(3) The Kansas department for children and families shall maintain a
180	180	sufficient level of dedicated work program staff to enable the agency to
181	181	conduct work program case management services to TANF recipients in a
182	182	timely manner and in full accordance with state law and agency policy.
183	183	(4) (A) TANF mandatory work program applicants and recipients
184	184	shall participate in work components that lead to competitive, integrated
185	185	employment. Components are defined by the federal government as being
186	186	either primary or secondary.
187	187	(B) In order to meet federal work participation requirements,
188	188	households shall meet at least 30 hours of participation per week, at least
189	189	20 hours of which shall be primary and at least 10 hours may be secondary
190	190	components in one parent households where the youngest child is six years
191	191	of age or older. Participation hours shall be 55 hours in two parent
192	192	households, 35 hours per week if child care is not used. The maximum
193	193	assignment is 40 hours per week per individual. For two parent families to
194	194	meet the federal work participation rate, both parents shall participate in a
195	195	combined total of 55 hours per week, 50 hours of which shall be in
196	196	primary components, or one or both parents could be assigned a combined
197	197	total of 35 hours per week, 30 hours of which must be primary
198	198	components, if the Kansas department for children and families paid child
199	199	care is not received by the family. Single parent families with a child under
200	200	age six meet the federal participation requirement if the parent is engaged
201	201	in work or work activities for at least 20 hours per week in a primary work
202	202	component.
203	203	(C) The following components meet federal definitions of primary
204	204	hours of participation: Full or part-time employment, apprenticeship, work
205	205	study, self-employment, job corps, subsidized employment, work
206	206	1
207	207	2
208	208	3
209	209	4
210	210	5
211	211	6
212	212	7
213	213	8
214	214	9
215	215	10
216	216	11
217	217	12
218	218	13
219	219	14
220	220	15
221	221	16
222	222	17
223	223	18
224	224	19
225	225	20
226	226	21
227	227	22
228	228	23
229	229	24
230	230	25
231	231	26
232	232	27
233	233	28
234	234	29
235	235	30
236	236	31
237	237	32
238	238	33
239	239	34
240	240	35
241	241	36
242	242	37
243	243	38
244	244	39
245	245	40
246	246	41
247	247	42
248	248	43 HB 2358 4
249	249	experience sites, on-the-job training, supervised community service,
250	250	vocational education, job search and job readiness. Secondary components
251	251	include: Job skills training, education directly related to employment such
252	252	as adult basic education and English as a second language, and completion
253	253	of a high school diploma or GED.
254	254	(5) A parent or other adult caretaker personally providing care for a
255	255	child under the age of three months in their TANF household shall be
256	256	exempt from work participation activities until the month the child attains
257	257	three months of age. Such three-month limitation shall not apply to a
258	258	parent or other adult caretaker who is personally providing care for a child
259	259	born significantly premature, with serious medical conditions or with a
260	260	disability as defined by the secretary, in consultation with the secretary of
261	261	health and environment and adopted in the rules and regulations. The
262	262	three-month period is defined as two consecutive months starting with the
263	263	month after childbirth. The exemption for caring for a child under three
264	264	months cannot be claimed by:
265	265	(A) Either parent when two parents are in the home and the
266	266	household meets the two-parent definition for federal reporting purposes;
267	267	(B) one parent or caretaker when the other parent or caretaker is in
268	268	the home, and available, capable and suitable to provide care and the
269	269	household does not meet the two-parent definition for federal reporting
270	270	purposes;
271	271	(C) a person age 19 or younger when such person is pregnant or a
272	272	parent of a child in the home and the person does not possess a high school
273	273	diploma or its equivalent. Such person shall become exempt the month
274	274	such person attains 20 years of age; or
275	275	(D) any person assigned to a work participation activity for substance
276	276	use disorders.
277	277	(6) TANF work experience placements shall be reviewed after 90
278	278	days and are limited to six months per 24-month lifetime limit. A client's
279	279	progress shall be reviewed prior to each new placement regardless of the
280	280	length of time they are at the work experience site.
281	281	(7) TANF participants with disabilities shall engage in required
282	282	employment activities to the maximum extent consistent with their
283	283	abilities. A TANF participant shall provide current documentation by a
284	284	qualified medical practitioner that details the ability to engage in
285	285	employment and any limitation in work activities along with the expected
286	286	duration of such limitations. Disability is defined as a physical or mental
287	287	impairment constituting or resulting in a substantial impediment to
288	288	employment for such individual.
289	289	(8) Non-cooperation is the failure of the applicant or recipient to
290	290	comply with all requirements provided in state and federal law, federal and
291	291	state rules and regulations and agency policy. The period of ineligibility
292	292	1
293	293	2
294	294	3
295	295	4
296	296	5
297	297	6
298	298	7
299	299	8
300	300	9
301	301	10
302	302	11
303	303	12
304	304	13
305	305	14
306	306	15
307	307	16
308	308	17
309	309	18
310	310	19
311	311	20
312	312	21
313	313	22
314	314	23
315	315	24
316	316	25
317	317	26
318	318	27
319	319	28
320	320	29
321	321	30
322	322	31
323	323	32
324	324	33
325	325	34
326	326	35
327	327	36
328	328	37
329	329	38
330	330	39
331	331	40
332	332	41
333	333	42
334	334	43 HB 2358 5
335	335	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
336	336	and amendments thereto, with work programs shall be as follows, for a:
337	337	(A) First penalty, three months and full cooperation with work
338	338	program activities;
339	339	(B) second penalty, six months and full cooperation with work
340	340	program activities;
341	341	(C) third penalty, one year and full cooperation with work program
342	342	activities; and
343	343	(D) fourth or subsequent penalty, 10 years.
344	344	(9) Individuals who have not cooperated with TANF work programs
345	345	shall be ineligible to participate in the food assistance program. The
346	346	comparable penalty shall be applied to only the individual in the food
347	347	assistance program who failed to comply with the TANF work
348	348	requirement. The agency shall impose the same penalty to the member of
349	349	the household who failed to comply with TANF requirements. The penalty
350	350	periods are three months, six months, one year, or 10 years.
351	351	(10) (A) The period of ineligibility for TANF benefits based on
352	352	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
353	353	thereto, with child support services shall be as follows, for a:
354	354	(i) First penalty, three months and cooperation with child support
355	355	services prior to regaining eligibility;
356	356	(ii) second penalty, six months and cooperation with child support
357	357	services prior to regaining eligibility;
358	358	(iii) third penalty, one year and cooperation with child support
359	359	services prior to regaining eligibility; and
360	360	(iv) fourth penalty, 10 years.
361	361	(B) (i) The period of ineligibility for child care subsidy based on
362	362	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
363	363	thereto, with child support services shall be as follows, for a:
364	364	(a) First penalty, three months and cooperation with child support
365	365	services prior to regaining eligibility;
366	366	(b) second penalty, six months and cooperation with child support
367	367	services prior to regaining eligibility;
368	368	(c) third penalty, one year and cooperation with child support services
369	369	prior to regaining eligibility; and
370	370	(d) fourth penalty, 10 years.
371	371	(ii) The secretary, or the secretary's designee, shall review child
372	372	support compliance of a parent:
373	373	(a) Upon application for child care subsidy;
374	374	(b) after 12 months of continuous eligibility for child care subsidy;
375	375	and
376	376	(c) following such 12 months of continuous eligibility when the
377	377	secretary renews or redetermines a parent's eligibility for child care
378	378	1
379	379	2
380	380	3
381	381	4
382	382	5
383	383	6
384	384	7
385	385	8
386	386	9
387	387	10
388	388	11
389	389	12
390	390	13
391	391	14
392	392	15
393	393	16
394	394	17
395	395	18
396	396	19
397	397	20
398	398	21
399	399	22
400	400	23
401	401	24
402	402	25
403	403	26
404	404	27
405	405	28
406	406	29
407	407	30
408	408	31
409	409	32
410	410	33
411	411	34
412	412	35
413	413	36
414	414	37
415	415	38
416	416	39
417	417	40
418	418	41
419	419	42
420	420	43 HB 2358 6
421	421	subsidy.
422	422	(11) Individuals who have not cooperated without good cause with
423	423	child support services shall be ineligible to participate in the food
424	424	assistance program. The period of disqualification ends once it has been
425	425	determined that such individual is cooperating with child support services.
426	426	(12) (A) Any individual who is found to have committed fraud or is
427	427	found guilty of the crime of theft pursuant to K.S.A. 39-720, and
428	428	amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
429	429	either the TANF or child care program shall render all adults in the family
430	430	unit ineligible for TANF assistance. Adults in the household who have
431	431	been determined to have committed fraud or were convicted of the crime
432	432	of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
433	433	21-5801, and amendments thereto, shall render themselves and all adult
434	434	household members ineligible for their lifetime for TANF, even if fraud
435	435	was committed in only one program. Households who have been
436	436	determined to have committed fraud or were convicted of the crime of
437	437	theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
438	438	5801, and amendments thereto, shall be required to name a protective
439	439	payee as approved by the secretary or the secretary's designee to
440	440	administer TANF benefits or food assistance on behalf of the children. No
441	441	adult in a household may have access to the TANF cash assistance benefit.
442	442	(B) Any individual who has failed to cooperate with a fraud
443	443	investigation shall be ineligible to participate in the TANF cash assistance
444	444	program and the child care subsidy program until the Kansas department
445	445	for children and families determines that such individual is cooperating
446	446	with the fraud investigation. The Kansas department for children and
447	447	families shall maintain a sufficient level of fraud investigative staff to
448	448	enable the department to conduct fraud investigations in a timely manner
449	449	and in full accordance with state law and department rules and regulations
450	450	or policies.
451	451	(13) (A) Food assistance shall not be provided to any person
452	452	convicted of a felony offense occurring on or after July 1, 2015, that
453	453	includes as an element of such offense the manufacture, cultivation,
454	454	distribution, possession or use of a controlled substance or controlled
455	455	substance analog. For food assistance, the individual shall be permanently
456	456	disqualified if such individual has been convicted of a state or federal
457	457	felony offense occurring on or after July 1, 2015, involving possession or
458	458	use of a controlled substance or controlled substance analog.
459	459	(B) (i) Notwithstanding the provisions of subparagraph (A), an
460	460	individual shall be eligible for food assistance if the individual enrolls in
461	461	and participates in a drug treatment program approved by the secretary,
462	462	submits to and passes a drug test and agrees to submit to drug testing if
463	463	requested by the department pursuant to a drug testing plan.
464	464	1
465	465	2
466	466	3
467	467	4
468	468	5
469	469	6
470	470	7
471	471	8
472	472	9
473	473	10
474	474	11
475	475	12
476	476	13
477	477	14
478	478	15
479	479	16
480	480	17
481	481	18
482	482	19
483	483	20
484	484	21
485	485	22
486	486	23
487	487	24
488	488	25
489	489	26
490	490	27
491	491	28
492	492	29
493	493	30
494	494	31
495	495	32
496	496	33
497	497	34
498	498	35
499	499	36
500	500	37
501	501	38
502	502	39
503	503	40
504	504	41
505	505	42
506	506	43 HB 2358 7
507	507	(ii) An individual's failure to submit to testing or failure to
508	508	successfully pass a drug test shall result in ineligibility for food assistance
509	509	until a drug test is successfully passed. Failure to successfully complete a
510	510	drug treatment program shall result in ineligibility for food assistance until
511	511	a drug treatment plan approved by the secretary is successfully completed,
512	512	the individual passes a drug test and agrees to submit to drug testing if
513	513	requested by the department pursuant to a drug testing plan.
514	514	(C) The provisions of subparagraph (B) shall not apply to any
515	515	individual who has been convicted for a second or subsequent felony
516	516	offense as provided in subparagraph (A).
517	517	(14) No TANF cash assistance shall be used to purchase alcohol,
518	518	cigarettes, tobacco products, lottery tickets, concert tickets, professional or
519	519	collegiate sporting event tickets or tickets for other entertainment events
520	520	intended for the general public or sexually oriented adult materials. No
521	521	TANF cash assistance shall be used in any retail liquor store, casino,
522	522	gaming establishment, jewelry store, tattoo parlor, massage parlor, body
523	523	piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
524	524	vapor cigarette store, psychic or fortune telling business, bail bond
525	525	company, video arcade, movie theater, swimming pool, cruise ship, theme
526	526	park, dog or horse racing facility, parimutuel facility, or sexually oriented
527	527	business or any retail establishment that provides adult-oriented
528	528	entertainment in which performers disrobe or perform in an unclothed
529	529	state for entertainment, or in any business or retail establishment where
530	530	minors under age 18 are not permitted. No TANF cash assistance shall be
531	531	used for purchases at points of sale outside the state of Kansas.
532	532	(15) (A) The secretary for children and families shall place a
533	533	photograph of the recipient, if agreed to by such recipient of public
534	534	assistance, on any Kansas benefits card issued by the Kansas department
535	535	for children and families that the recipient uses in obtaining food, cash or
536	536	any other services. When a recipient of public assistance is a minor or
537	537	otherwise incapacitated individual, a parent or legal guardian of such
538	538	recipient may have a photograph of such parent or legal guardian placed
539	539	on the card.
540	540	(B) Any Kansas benefits card with a photograph of a recipient shall
541	541	be valid for voting purposes as a public assistance identification card in
542	542	accordance with the provisions of K.S.A. 25-2908, and amendments
543	543	thereto.
544	544	(C) As used in this paragraph and its subparagraphs, "Kansas benefits
545	545	card" means any card issued to provide food assistance, cash assistance or
546	546	child care assistance, including, but not limited to, the vision card, EBT
547	547	card and Kansas benefits card.
548	548	(D) The Kansas department for children and families shall monitor all
549	549	recipient requests for a Kansas benefits card replacement and, upon the
550	550	1
551	551	2
552	552	3
553	553	4
554	554	5
555	555	6
556	556	7
557	557	8
558	558	9
559	559	10
560	560	11
561	561	12
562	562	13
563	563	14
564	564	15
565	565	16
566	566	17
567	567	18
568	568	19
569	569	20
570	570	21
571	571	22
572	572	23
573	573	24
574	574	25
575	575	26
576	576	27
577	577	28
578	578	29
579	579	30
580	580	31
581	581	32
582	582	33
583	583	34
584	584	35
585	585	36
586	586	37
587	587	38
588	588	39
589	589	40
590	590	41
591	591	42
592	592	43 HB 2358 8
593	593	fourth such request in a 12-month period, send a notice alerting the
594	594	recipient that the recipient's account is being monitored for potential
595	595	suspicious activity. If a recipient makes an additional request for
596	596	replacement subsequent to such notice, the department shall refer the
597	597	investigation to the department's fraud investigation unit.
598	598	(16) The secretary for children and families shall adopt rules and
599	599	regulations for:
600	600	(A) Determining eligibility for the child care subsidy program,
601	601	including an income of a cohabiting partner in a child care household; and
602	602	(B) determining and maintaining eligibility for non-TANF child care,
603	603	requiring that all included adults shall be employed a minimum of 20
604	604	hours per week or more as defined by the secretary or meet the following
605	605	specific qualifying exemptions:
606	606	(i) Adults who are not capable of meeting the requirement due to a
607	607	documented physical or mental condition;
608	608	(ii) adults who are former TANF recipients who need child care for
609	609	employment after their TANF case has closed and earned income is a
610	610	factor in the closure in the two months immediately following TANF
611	611	closure;
612	612	(iii) adult parents included in a case in which the only child receiving
613	613	benefits is the child of a minor parent who is working on completion of
614	614	high school or obtaining a GED;
615	615	(iv) adults who are participants in a food assistance employment and
616	616	training program;
617	617	(v) adults who are participants in an early head start child care
618	618	partnership program and are working or in school or training; or
619	619	(vi) adults who are caretakers of a child in custody of the secretary in
620	620	out-of-home placement needing child care.
621	621	The Kansas department for children and families shall provide child
622	622	care for the pursuit of any degree or certification if the occupation has at
623	623	least an average job outlook listed in the occupational outlook of the
624	624	United States department of labor, bureau of labor statistics. For
625	625	occupations with less than an average job outlook, educational plans shall
626	626	require approval of the secretary or secretary's designee. Child care may
627	627	also be approved if the student provides verification of a specific job offer
628	628	that will be available to such student upon completion of the program.
629	629	Child care for post-secondary education shall be allowed for a lifetime
630	630	maximum of 24 months per adult. The 24 months may not have to be
631	631	consecutive. Students shall be engaged in paid employment for a minimum
632	632	of 15 hours per week. In a two-parent adult household, child care would
633	633	not be allowed if both parents are adults and attending a formal education
634	634	or training program at the same time. The household may choose which
635	635	one of the parents is participating as a post-secondary student. The other
636	636	1
637	637	2
638	638	3
639	639	4
640	640	5
641	641	6
642	642	7
643	643	8
644	644	9
645	645	10
646	646	11
647	647	12
648	648	13
649	649	14
650	650	15
651	651	16
652	652	17
653	653	18
654	654	19
655	655	20
656	656	21
657	657	22
658	658	23
659	659	24
660	660	25
661	661	26
662	662	27
663	663	28
664	664	29
665	665	30
666	666	31
667	667	32
668	668	33
669	669	34
670	670	35
671	671	36
672	672	37
673	673	38
674	674	39
675	675	40
676	676	41
677	677	42
678	678	43 HB 2358 9
679	679	parent shall meet another approvable criteria for child care subsidy.
680	680	(17) (A) The secretary for children and families is prohibited from
681	681	requesting or implementing a waiver or program from the United States
682	682	department of agriculture for the time limited assistance provisions for
683	683	able-bodied adults aged 18 through 49 without dependents in a household
684	684	under the food assistance program. The time on food assistance for able-
685	685	bodied adults aged 18 through 49 without dependents in the household
686	686	shall be limited to three months in a 36-month period if such adults are not
687	687	meeting the requirements imposed by the U.S. department of agriculture
688	688	that they must work for at least 20 hours per week or participate in a
689	689	federally approved work program or its equivalent.
690	690	(B) Each food assistance household member who is not otherwise
691	691	exempt from the following work requirements shall: Register for work;
692	692	participate in an employment and training program, if assigned to such a
693	693	program by the department; accept a suitable employment offer; and not
694	694	voluntarily quit a job of at least 30 hours per week.
695	695	(C) Any recipient who has not complied with the work requirements
696	696	under subparagraph (B) shall be ineligible to participate in the food
697	697	assistance program for the following time period and until the recipient
698	698	complies with such work requirements for a:
699	699	(i) First penalty, three months;
700	700	(ii) second penalty, six months; and
701	701	(iii) third penalty and any subsequent penalty, one year.
702	702	(D) The Kansas department for children and families shall assign all
703	703	individuals subject to the requirements established under 7 U.S.C. §
704	704	2015(d)(1) to an employment and training program as defined in 7 U.S.C.
705	705	§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
706	706	(i) Able-bodied adults aged 18 through 49 without dependents under
707	707	six years of age;
708	708	(ii) work registrants aged 50 through 59 without dependents under six
709	709	years of age not exempt from 7 U.S.C. § 2015(d)(2); and
710	710	(iii) individuals who are not employed at least 30 hours per week.
711	711	(18) Eligibility for the food assistance program shall be limited to
712	712	those individuals who are citizens or who meet qualified non-citizen status
713	713	as determined by United States department of agriculture. Non-citizen
714	714	individuals who are unable or unwilling to provide qualifying immigrant
715	715	documentation, as defined by the United States department of agriculture,
716	716	residing within a household shall not be included when determining the
717	717	household's size for the purposes of assigning a benefit level to the
718	718	household for food assistance or comparing the household's monthly
719	719	income with the income eligibility standards. The gross non-exempt
720	720	earned and unearned income and resources of disqualified individuals shall
721	721	be counted in its entirety as available to the remaining household
722	722	1
723	723	2
724	724	3
725	725	4
726	726	5
727	727	6
728	728	7
729	729	8
730	730	9
731	731	10
732	732	11
733	733	12
734	734	13
735	735	14
736	736	15
737	737	16
738	738	17
739	739	18
740	740	19
741	741	20
742	742	21
743	743	22
744	744	23
745	745	24
746	746	25
747	747	26
748	748	27
749	749	28
750	750	29
751	751	30
752	752	31
753	753	32
754	754	33
755	755	34
756	756	35
757	757	36
758	758	37
759	759	38
760	760	39
761	761	40
762	762	41
763	763	42
764	764	43 HB 2358 10
765	765	members.
766	766	(19) The secretary for children and families shall not enact the state
767	767	option from the United States department of agriculture for broad-based
768	768	categorical eligibility for households applying for food assistance
769	769	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
770	770	(20) No federal or state funds shall be used for television, radio or
771	771	billboard advertisements that are designed to promote food assistance
772	772	benefits and enrollment. No federal or state funding shall be used for any
773	773	agreements with foreign governments designed to promote food
774	774	assistance.
775	775	(21) (A) The secretary for children and families shall not apply
776	776	gross income standards for food assistance higher than the standards
777	777	specified in 7 U.S.C. § 2015(c) unless expressly required by federal law.
778	778	Categorical eligibility exempting households from such gross income
779	779	standards requirements shall not be granted for any non-cash, in-kind or
780	780	other benefit unless expressly required by federal law.
781	781	(B) The secretary for children and families shall not apply resource
782	782	limits standards for food assistance that are higher than the standards
783	783	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
784	784	law. Categorical eligibility exempting households from such resource
785	785	limits shall not be granted for any non-cash, in-kind or other benefit unless
786	786	expressly required by federal law.
787	787	(c) (1) The Kansas department for children and families shall conduct
788	788	an electronic check for any false information provided on an application
789	789	for TANF and other benefits programs administered by the department.
790	790	For TANF cash assistance, food assistance and the child care subsidy
791	791	program, the department shall verify the identity of all adults in the
792	792	assistance household.
793	793	(2) The department of administration shall provide monthly to the
794	794	Kansas department for children and families the social security numbers or
795	795	alternate taxpayer identification numbers of all persons who claim a
796	796	Kansas lottery prize in excess of $5,000 during the reported month. The
797	797	Kansas department for children and families shall verify if individuals
798	798	with such winnings are receiving TANF cash assistance, food assistance or
799	799	assistance under the child care subsidy program and take appropriate
800	800	action. The Kansas department for children and families shall use data
801	801	received under this subsection solely, and for no other purpose, to
802	802	determine if any recipient's eligibility for benefits has been affected by
803	803	lottery prize winnings. The Kansas department for children and families
804	804	shall not publicly disclose the identity of any lottery prize winner,
805	805	including recipients who are determined to have illegally received
806	806	benefits.
807	807	(d) Temporary assistance for needy families; assignment of support
808	808	1
809	809	2
810	810	3
811	811	4
812	812	5
813	813	6
814	814	7
815	815	8
816	816	9
817	817	10
818	818	11
819	819	12
820	820	13
821	821	14
822	822	15
823	823	16
824	824	17
825	825	18
826	826	19
827	827	20
828	828	21
829	829	22
830	830	23
831	831	24
832	832	25
833	833	26
834	834	27
835	835	28
836	836	29
837	837	30
838	838	31
839	839	32
840	840	33
841	841	34
842	842	35
843	843	36
844	844	37
845	845	38
846	846	39
847	847	40
848	848	41
849	849	42
850	850	43 HB 2358 11
851	851	rights and limited power of attorney. By applying for or receiving
852	852	temporary assistance for needy families such applicant or recipient shall be
853	853	deemed to have assigned to the secretary on behalf of the state any
854	854	accrued, present or future rights to support from any other person such
855	855	applicant may have in such person's own behalf or in behalf of any other
856	856	family member for whom the applicant is applying for or receiving aid. In
857	857	any case in which an order for child support has been established and the
858	858	legal custodian and obligee under the order surrenders physical custody of
859	859	the child to a caretaker relative without obtaining a modification of legal
860	860	custody and support rights on behalf of the child are assigned pursuant to
861	861	this section, the surrender of physical custody and the assignment shall
862	862	transfer, by operation of law, the child's support rights under the order to
863	863	the secretary on behalf of the state. Such assignment shall be of all
864	864	accrued, present or future rights to support of the child surrendered to the
865	865	caretaker relative. The assignment of support rights shall automatically
866	866	become effective upon the date of approval for or receipt of such aid
867	867	without the requirement that any document be signed by the applicant,
868	868	recipient or obligee. By applying for or receiving temporary assistance for
869	869	needy families, or by surrendering physical custody of a child to a
870	870	caretaker relative who is an applicant or recipient of such assistance on the
871	871	child's behalf, the applicant, recipient or obligee is also deemed to have
872	872	appointed the secretary, or the secretary's designee, as an attorney-in-fact
873	873	to perform the specific act of negotiating and endorsing all drafts, checks,
874	874	money orders or other negotiable instruments representing support
875	875	payments received by the secretary in behalf of any person applying for,
876	876	receiving or having received such assistance. This limited power of
877	877	attorney shall be effective from the date the secretary approves the
878	878	application for aid and shall remain in effect until the assignment of
879	879	support rights has been terminated in full.
880	880	(e) Requirements for medical assistance for which federal moneys or
881	881	state moneys or both are expended. (1) When the secretary has adopted a
882	882	medical care plan under which federal moneys or state moneys or both are
883	883	expended, medical assistance in accordance with such plan shall be
884	884	granted to any person who is a citizen of the United States or who is an
885	885	alien lawfully admitted to the United States and who is residing in the state
886	886	of Kansas, whose resources and income do not exceed the levels
887	887	prescribed by the secretary. In determining the need of an individual, the
888	888	secretary may provide for income and resource exemptions and protected
889	889	income and resource levels. Resources from inheritance shall be counted.
890	890	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
891	891	amendments thereto, shall constitute a transfer of resources. The secretary
892	892	shall exempt principal and interest held in irrevocable trust pursuant to
893	893	K.S.A. 16-303(c), and amendments thereto, from the eligibility
894	894	1
895	895	2
896	896	3
897	897	4
898	898	5
899	899	6
900	900	7
901	901	8
902	902	9
903	903	10
904	904	11
905	905	12
906	906	13
907	907	14
908	908	15
909	909	16
910	910	17
911	911	18
912	912	19
913	913	20
914	914	21
915	915	22
916	916	23
917	917	24
918	918	25
919	919	26
920	920	27
921	921	28
922	922	29
923	923	30
924	924	31
925	925	32
926	926	33
927	927	34
928	928	35
929	929	36
930	930	37
931	931	38
932	932	39
933	933	40
934	934	41
935	935	42
936	936	43 HB 2358 12
937	937	requirements of applicants for and recipients of medical assistance. Such
938	938	assistance shall be known as medical assistance.
939	939	(2) For the purposes of medical assistance eligibility determinations
940	940	on or after July 1, 2004, if an applicant or recipient owns property in joint
941	941	tenancy with some other party and the applicant or recipient of medical
942	942	assistance has restricted or conditioned their interest in such property to a
943	943	specific and discrete property interest less than 100%, then such
944	944	designation will cause the full value of the property to be considered an
945	945	available resource to the applicant or recipient. Medical assistance
946	946	eligibility for receipt of benefits under the title XIX of the social security
947	947	act, commonly known as medicaid, shall not be expanded, as provided for
948	948	in the patient protection and affordable care act, public law 111-148, 124
949	949	stat. 119, and the health care and education reconciliation act of 2010,
950	950	public law 111-152, 124 stat. 1029, unless the legislature expressly
951	951	consents to, and approves of, the expansion of medicaid services by an act
952	952	of the legislature.
953	953	(3) (A) Resources from trusts shall be considered when determining
954	954	eligibility of a trust beneficiary for medical assistance. Medical assistance
955	955	is to be secondary to all resources, including trusts, that may be available
956	956	to an applicant or recipient of medical assistance.
957	957	(B) If a trust has discretionary language, the trust shall be considered
958	958	to be an available resource to the extent, using the full extent of discretion,
959	959	the trustee may make any of the income or principal available to the
960	960	applicant or recipient of medical assistance. Any such discretionary trust
961	961	shall be considered an available resource unless:
962	962	(i) At the time of creation or amendment of the trust, the trust states a
963	963	clear intent that the trust is supplemental to public assistance; and
964	964	(ii) the trust is funded:
965	965	(a) From resources of a person who, at the time of such funding,
966	966	owed no duty of support to the applicant or recipient of medical assistance;
967	967	or
968	968	(b) not more than nominally from resources of a person while that
969	969	person owed a duty of support to the applicant or recipient of medical
970	970	assistance.
971	971	(C) For the purposes of this paragraph, "public assistance" includes,
972	972	but is not limited to, medicaid, medical assistance or title XIX of the social
973	973	security act.
974	974	(4) (A) When an applicant or recipient of medical assistance is a party
975	975	to a contract, agreement or accord for personal services being provided by
976	976	a nonlicensed individual or provider and such contract, agreement or
977	977	accord involves health and welfare monitoring, pharmacy assistance, case
978	978	management, communication with medical, health or other professionals,
979	979	or other activities related to home health care, long term care, medical
980	980	1
981	981	2
982	982	3
983	983	4
984	984	5
985	985	6
986	986	7
987	987	8
988	988	9
989	989	10
990	990	11
991	991	12
992	992	13
993	993	14
994	994	15
995	995	16
996	996	17
997	997	18
998	998	19
999	999	20
1000	1000	21
1001	1001	22
1002	1002	23
1003	1003	24
1004	1004	25
1005	1005	26
1006	1006	27
1007	1007	28
1008	1008	29
1009	1009	30
1010	1010	31
1011	1011	32
1012	1012	33
1013	1013	34
1014	1014	35
1015	1015	36
1016	1016	37
1017	1017	38
1018	1018	39
1019	1019	40
1020	1020	41
1021	1021	42
1022	1022	43 HB 2358 13
1023	1023	assistance benefits, or other related issues, any moneys paid under such
1024	1024	contract, agreement or accord shall be considered to be an available
1025	1025	resource unless the following restrictions are met:
1026	1026	(i) The contract, agreement or accord must be in writing and executed
1027	1027	prior to any services being provided;
1028	1028	(ii) the moneys paid are in direct relationship with the fair market
1029	1029	value of such services being provided by similarly situated and trained
1030	1030	nonlicensed individuals;
1031	1031	(iii) if no similarly situated nonlicensed individuals or situations can
1032	1032	be found, the value of services will be based on federal hourly minimum
1033	1033	wage standards;
1034	1034	(iv) such individual providing the services shall report all receipts of
1035	1035	moneys as income to the appropriate state and federal governmental
1036	1036	revenue agencies;
1037	1037	(v) any amounts due under such contract, agreement or accord shall
1038	1038	be paid after the services are rendered;
1039	1039	(vi) the applicant or recipient shall have the power to revoke the
1040	1040	contract, agreement or accord; and
1041	1041	(vii) upon the death of the applicant or recipient, the contract,
1042	1042	agreement or accord ceases.
1043	1043	(B) When an applicant or recipient of medical assistance is a party to
1044	1044	a written contract for personal services being provided by a licensed health
1045	1045	professional or facility and such contract involves health and welfare
1046	1046	monitoring, pharmacy assistance, case management, communication with
1047	1047	medical, health or other professionals, or other activities related to home
1048	1048	health care, long term care, medical assistance benefits or other related
1049	1049	issues, any moneys paid in advance of receipt of services for such
1050	1050	contracts shall be considered to be an available resource.
1051	1051	(5) Any trust may be amended if such amendment is permitted by the
1052	1052	Kansas uniform trust code.
1053	1053	(f) Eligibility for medical assistance of resident receiving medical
1054	1054	care outside state. A person who is receiving medical care including long-
1055	1055	term care outside of Kansas whose health would be endangered by the
1056	1056	postponement of medical care until return to the state or by travel to return
1057	1057	to Kansas, may be determined eligible for medical assistance if such
1058	1058	individual is a resident of Kansas and all other eligibility factors are met.
1059	1059	Persons who are receiving medical care on an ongoing basis in a long-term
1060	1060	medical care facility in a state other than Kansas and who do not return to
1061	1061	a care facility in Kansas when they are able to do so, shall no longer be
1062	1062	eligible to receive assistance in Kansas unless such medical care is not
1063	1063	available in a comparable facility or program providing such medical care
1064	1064	in Kansas. For persons who are minors or who are under guardianship, the
1065	1065	actions of the parent or guardian shall be deemed to be the actions of the
1066	1066	1
1067	1067	2
1068	1068	3
1069	1069	4
1070	1070	5
1071	1071	6
1072	1072	7
1073	1073	8
1074	1074	9
1075	1075	10
1076	1076	11
1077	1077	12
1078	1078	13
1079	1079	14
1080	1080	15
1081	1081	16
1082	1082	17
1083	1083	18
1084	1084	19
1085	1085	20
1086	1086	21
1087	1087	22
1088	1088	23
1089	1089	24
1090	1090	25
1091	1091	26
1092	1092	27
1093	1093	28
1094	1094	29
1095	1095	30
1096	1096	31
1097	1097	32
1098	1098	33
1099	1099	34
1100	1100	35
1101	1101	36
1102	1102	37
1103	1103	38
1104	1104	39
1105	1105	40
1106	1106	41
1107	1107	42
1108	1108	43 HB 2358 14
1109	1109	child or ward in determining whether or not the person is remaining
1110	1110	outside the state voluntarily.
1111	1111	(g) Medical assistance; assignment of rights to medical support and
1112	1112	limited power of attorney; recovery from estates of deceased recipients. (1)
1113	1113	(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
1114	1114	amendments thereto, or as otherwise authorized on and after September
1115	1115	30, 1989, under section 303 of the federal medicare catastrophic coverage
1116	1116	act of 1988, whichever is applicable, by applying for or receiving medical
1117	1117	assistance under a medical care plan in which federal funds are expended,
1118	1118	any accrued, present or future rights to support and any rights to payment
1119	1119	for medical care from a third party of an applicant or recipient and any
1120	1120	other family member for whom the applicant is applying shall be deemed
1121	1121	to have been assigned to the secretary on behalf of the state. The
1122	1122	assignment shall automatically become effective upon the date of approval
1123	1123	for such assistance without the requirement that any document be signed
1124	1124	by the applicant or recipient. By applying for or receiving medical
1125	1125	assistance the applicant or recipient is also deemed to have appointed the
1126	1126	secretary, or the secretary's designee, as an attorney-in-fact to perform the
1127	1127	specific act of negotiating and endorsing all drafts, checks, money orders
1128	1128	or other negotiable instruments, representing payments received by the
1129	1129	secretary in on behalf of any person applying for, receiving or having
1130	1130	received such assistance. This limited power of attorney shall be effective
1131	1131	from the date the secretary approves the application for assistance and
1132	1132	shall remain in effect until the assignment has been terminated in full. The
1133	1133	assignment of any rights to payment for medical care from a third party
1134	1134	under this subsection shall not prohibit a health care provider from directly
1135	1135	billing an insurance carrier for services rendered if the provider has not
1136	1136	submitted a claim covering such services to the secretary for payment.
1137	1137	Support amounts collected on behalf of persons whose rights to support
1138	1138	are assigned to the secretary only under this subsection and no other shall
1139	1139	be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
1140	1140	except that any amounts designated as medical support shall be retained by
1141	1141	the secretary for repayment of the unreimbursed portion of assistance.
1142	1142	Amounts collected pursuant to the assignment of rights to payment for
1143	1143	medical care from a third party shall also be retained by the secretary for
1144	1144	repayment of the unreimbursed portion of assistance.
1145	1145	(B) Notwithstanding the provisions of subparagraph (A), the
1146	1146	secretary of health and environment, or the secretary's designee, is hereby
1147	1147	authorized to and shall exercise any of the powers specified in
1148	1148	subparagraph (A) in relation to performance of such secretary's duties
1149	1149	pertaining to medical subrogation, estate recovery or any other duties
1150	1150	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1151	1151	Annotated, and amendments thereto.
1152	1152	1
1153	1153	2
1154	1154	3
1155	1155	4
1156	1156	5
1157	1157	6
1158	1158	7
1159	1159	8
1160	1160	9
1161	1161	10
1162	1162	11
1163	1163	12
1164	1164	13
1165	1165	14
1166	1166	15
1167	1167	16
1168	1168	17
1169	1169	18
1170	1170	19
1171	1171	20
1172	1172	21
1173	1173	22
1174	1174	23
1175	1175	24
1176	1176	25
1177	1177	26
1178	1178	27
1179	1179	28
1180	1180	29
1181	1181	30
1182	1182	31
1183	1183	32
1184	1184	33
1185	1185	34
1186	1186	35
1187	1187	36
1188	1188	37
1189	1189	38
1190	1190	39
1191	1191	40
1192	1192	41
1193	1193	42
1194	1194	43 HB 2358 15
1195	1195	(2) The amount of any medical assistance paid after June 30, 1992,
1196	1196	under the provisions of subsection (e) is a claim against the property or
1197	1197	any interest therein belonging to and a part of the estate of any deceased
1198	1198	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1199	1199	shall be charged for such medical assistance paid to either or both and a
1200	1200	claim against any funds of such recipient or spouse in any account under
1201	1201	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1202	1202	be no recovery of medical assistance correctly paid to or on behalf of an
1203	1203	individual under subsection (e) except after the death of the surviving
1204	1204	spouse of the individual, if any, and only at a time when the individual has
1205	1205	no surviving child who is under 21 years of age or is blind or permanently
1206	1206	and totally disabled. Transfers of real or personal property by recipients of
1207	1207	medical assistance without adequate consideration are voidable and may
1208	1208	be set aside. Except where there is a surviving spouse, or a surviving child
1209	1209	who is under 21 years of age or is blind or permanently and totally
1210	1210	disabled, the amount of any medical assistance paid under subsection (e) is
1211	1211	a claim against the estate in any guardianship or conservatorship
1212	1212	proceeding. The monetary value of any benefits received by the recipient
1213	1213	of such medical assistance under long-term care insurance, as defined by
1214	1214	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1215	1215	amount of the claim provided for such medical assistance under this
1216	1216	subsection. The secretary of health and environment is authorized to
1217	1217	enforce each claim provided for under this subsection. The secretary of
1218	1218	health and environment shall not be required to pursue every claim, but is
1219	1219	granted discretion to determine which claims to pursue. All moneys
1220	1220	received by the secretary of health and environment from claims under this
1221	1221	subsection shall be deposited in the social welfare fund. The secretary of
1222	1222	health and environment may adopt rules and regulations for the
1223	1223	implementation and administration of the medical assistance recovery
1224	1224	program under this subsection.
1225	1225	(3) By applying for or receiving medical assistance under the
1226	1226	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1227	1227	amendments thereto, such individual or such individual's agent, fiduciary,
1228	1228	guardian, conservator, representative payee or other person acting on
1229	1229	behalf of the individual consents to the following definitions of estate and
1230	1230	the results therefrom:
1231	1231	(A) If an individual receives any medical assistance before July 1,
1232	1232	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1233	1233	and amendments thereto, which forms the basis for a claim under
1234	1234	paragraph (2), such claim is limited to the individual's probatable estate as
1235	1235	defined by applicable law; and
1236	1236	(B) if an individual receives any medical assistance on or after July 1,
1237	1237	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1238	1238	1
1239	1239	2
1240	1240	3
1241	1241	4
1242	1242	5
1243	1243	6
1244	1244	7
1245	1245	8
1246	1246	9
1247	1247	10
1248	1248	11
1249	1249	12
1250	1250	13
1251	1251	14
1252	1252	15
1253	1253	16
1254	1254	17
1255	1255	18
1256	1256	19
1257	1257	20
1258	1258	21
1259	1259	22
1260	1260	23
1261	1261	24
1262	1262	25
1263	1263	26
1264	1264	27
1265	1265	28
1266	1266	29
1267	1267	30
1268	1268	31
1269	1269	32
1270	1270	33
1271	1271	34
1272	1272	35
1273	1273	36
1274	1274	37
1275	1275	38
1276	1276	39
1277	1277	40
1278	1278	41
1279	1279	42
1280	1280	43 HB 2358 16
1281	1281	and amendments thereto, which forms the basis for a claim under
1282	1282	paragraph (2), such claim shall apply to the individual's medical assistance
1283	1283	estate. The medical assistance estate is defined as including all real and
1284	1284	personal property and other assets in which the deceased individual had
1285	1285	any legal title or interest immediately before or at the time of death to the
1286	1286	extent of that interest or title. The medical assistance estate includes
1287	1287	without limitation, assets conveyed to a survivor, heir or assign of the
1288	1288	deceased recipient through joint tenancy, tenancy in common,
1289	1289	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1290	1290	trust, annuities or similar arrangement.
1291	1291	(4) The secretary of health and environment or the secretary's
1292	1292	designee is authorized to file and enforce a lien against the real property of
1293	1293	a recipient of medical assistance in certain situations, subject to all prior
1294	1294	liens of record and transfers for value to a bona fide purchaser of record.
1295	1295	The lien must be filed in the office of the register of deeds of the county
1296	1296	where the real property is located within one year from the date of death of
1297	1297	the recipient and must contain the legal description of all real property in
1298	1298	the county subject to the lien.
1299	1299	(A) After the death of a recipient of medical assistance, the secretary
1300	1300	of health and environment or the secretary's designee may place a lien on
1301	1301	any interest in real property owned by such recipient.
1302	1302	(B) The secretary of health and environment or the secretary's
1303	1303	designee may place a lien on any interest in real property owned by a
1304	1304	recipient of medical assistance during the lifetime of such recipient. Such
1305	1305	lien may be filed only after notice and an opportunity for a hearing has
1306	1306	been given. Such lien may be enforced only upon competent medical
1307	1307	testimony that the recipient cannot reasonably be expected to be
1308	1308	discharged and returned home. A six-month period of compensated
1309	1309	inpatient care at a nursing home or other medical institution shall
1310	1310	constitute a determination by the department of health and environment
1311	1311	that the recipient cannot reasonably be expected to be discharged and
1312	1312	returned home. To return home means the recipient leaves the nursing or
1313	1313	medical facility and resides in the home on which the lien has been placed
1314	1314	for a continuous period of at least 90 days without being readmitted as an
1315	1315	inpatient to a nursing or medical facility. The amount of the lien shall be
1316	1316	for the amount of assistance paid by the department of health and
1317	1317	environment until the time of the filing of the lien and for any amount paid
1318	1318	thereafter for such medical assistance to the recipient. After the lien is filed
1319	1319	against any real property owned by the recipient, such lien will be
1320	1320	dissolved if the recipient is discharged, returns home and resides upon the
1321	1321	real property to which the lien is attached for a continuous period of at
1322	1322	least 90 days without being readmitted as an inpatient to a nursing or
1323	1323	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1324	1324	1
1325	1325	2
1326	1326	3
1327	1327	4
1328	1328	5
1329	1329	6
1330	1330	7
1331	1331	8
1332	1332	9
1333	1333	10
1334	1334	11
1335	1335	12
1336	1336	13
1337	1337	14
1338	1338	15
1339	1339	16
1340	1340	17
1341	1341	18
1342	1342	19
1343	1343	20
1344	1344	21
1345	1345	22
1346	1346	23
1347	1347	24
1348	1348	25
1349	1349	26
1350	1350	27
1351	1351	28
1352	1352	29
1353	1353	30
1354	1354	31
1355	1355	32
1356	1356	33
1357	1357	34
1358	1358	35
1359	1359	36
1360	1360	37
1361	1361	38
1362	1362	39
1363	1363	40
1364	1364	41
1365	1365	42
1366	1366	43 HB 2358 17
1367	1367	medical facility for a continuous period of less than 90 days, another
1368	1368	continuous period of at least 90 days shall be completed prior to
1369	1369	dissolution of the lien.
1370	1370	(5) The lien filed by the secretary of health and environment or the
1371	1371	secretary's designee for medical assistance correctly received may be
1372	1372	enforced before or after the death of the recipient by the filing of an action
1373	1373	to foreclose such lien in the Kansas district court or through an estate
1374	1374	probate court action in the county where the real property of the recipient
1375	1375	is located. However, it may be enforced only:
1376	1376	(A) After the death of the surviving spouse of the recipient;
1377	1377	(B) when there is no child of the recipient, natural or adopted, who is
1378	1378	20 years of age or less residing in the home;
1379	1379	(C) when there is no adult child of the recipient, natural or adopted,
1380	1380	who is blind or disabled residing in the home; or
1381	1381	(D) when no brother or sister of the recipient is lawfully residing in
1382	1382	the home, who has resided there for at least one year immediately before
1383	1383	the date of the recipient's admission to the nursing or medical facility, and
1384	1384	has resided there on a continuous basis since that time.
1385	1385	(6) The lien remains on the property even after a transfer of the title
1386	1386	by conveyance, sale, succession, inheritance or will unless one of the
1387	1387	following events occur:
1388	1388	(A) The lien is satisfied. The recipient, the heirs, personal
1389	1389	representative or assigns of the recipient may discharge such lien at any
1390	1390	time by paying the amount of the lien to the secretary of health and
1391	1391	environment or the secretary's designee;
1392	1392	(B) the lien is terminated by foreclosure of prior lien of record or
1393	1393	settlement action taken in lieu of foreclosure; or
1394	1394	(C) the value of the real property is consumed by the lien, at which
1395	1395	time the secretary of health and environment or the secretary's designee
1396	1396	may force the sale for the real property to satisfy the lien.
1397	1397	(7) If the secretary for aging and disability services or the secretary of
1398	1398	health and environment, or both, or such secretary's designee has not filed
1399	1399	an action to foreclose the lien in the Kansas district court in the county
1400	1400	where the real property is located within 10 years from the date of the
1401	1401	filing of the lien, then the lien shall become dormant, and shall cease to
1402	1402	operate as a lien on the real estate of the recipient. Such dormant lien may
1403	1403	be revived in the same manner as a dormant judgment lien is revived under
1404	1404	K.S.A. 60-2403 et seq., and amendments thereto.
1405	1405	(8) Within seven days of receipt of notice by the secretary for
1406	1406	children and families or the secretary's designee of the death of a recipient
1407	1407	of medical assistance under this subsection, the secretary for children and
1408	1408	families or the secretary's designee shall give notice of such recipient's
1409	1409	death to the secretary of health and environment or the secretary's
1410	1410	1
1411	1411	2
1412	1412	3
1413	1413	4
1414	1414	5
1415	1415	6
1416	1416	7
1417	1417	8
1418	1418	9
1419	1419	10
1420	1420	11
1421	1421	12
1422	1422	13
1423	1423	14
1424	1424	15
1425	1425	16
1426	1426	17
1427	1427	18
1428	1428	19
1429	1429	20
1430	1430	21
1431	1431	22
1432	1432	23
1433	1433	24
1434	1434	25
1435	1435	26
1436	1436	27
1437	1437	28
1438	1438	29
1439	1439	30
1440	1440	31
1441	1441	32
1442	1442	33
1443	1443	34
1444	1444	35
1445	1445	36
1446	1446	37
1447	1447	38
1448	1448	39
1449	1449	40
1450	1450	41
1451	1451	42
1452	1452	43 HB 2358 18
1453	1453	designee.
1454	1454	(9) All rules and regulations adopted on and after July 1, 2013, and
1455	1455	prior to July 1, 2014, to implement this subsection shall continue to be
1456	1456	effective and shall be deemed to be duly adopted rules and regulations of
1457	1457	the secretary of health and environment until revised, amended, revoked or
1458	1458	nullified pursuant to law.
1459	1459	(h) Placement under the revised Kansas code for care of children or
1460	1460	revised Kansas juvenile justice code; assignment of support rights and
1461	1461	limited power of attorney. In any case in which the secretary for children
1462	1462	and families pays for the expenses of care and custody of a child pursuant
1463	1463	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1464	1464	including the expenses of any foster care placement, an assignment of all
1465	1465	past, present and future support rights of the child in custody possessed by
1466	1466	either parent or other person entitled to receive support payments for the
1467	1467	child is, by operation of law, conveyed to the secretary. Such assignment
1468	1468	shall become effective upon placement of a child in the custody of the
1469	1469	secretary or upon payment of the expenses of care and custody of a child
1470	1470	by the secretary without the requirement that any document be signed by
1471	1471	the parent or other person entitled to receive support payments for the
1472	1472	child. When the secretary pays for the expenses of care and custody of a
1473	1473	child or a child is placed in the custody of the secretary, the parent or other
1474	1474	person entitled to receive support payments for the child is also deemed to
1475	1475	have appointed the secretary, or the secretary's designee, as attorney in fact
1476	1476	to perform the specific act of negotiating and endorsing all drafts, checks,
1477	1477	money orders or other negotiable instruments representing support
1478	1478	payments received by the secretary on behalf of the child. This limited
1479	1479	power of attorney shall be effective from the date the assignment to
1480	1480	support rights becomes effective and shall remain in effect until the
1481	1481	assignment of support rights has been terminated in full.
1482	1482	(i) No person who voluntarily quits employment or who is fired from
1483	1483	employment due to gross misconduct as defined by rules and regulations
1484	1484	of the secretary or who is a fugitive from justice by reason of a felony
1485	1485	conviction or charge or violation of a condition of probation or parole
1486	1486	imposed under federal or state law shall be eligible to receive public
1487	1487	assistance benefits in this state. Any recipient of public assistance who
1488	1488	fails to timely comply with monthly reporting requirements under criteria
1489	1489	and guidelines prescribed by rules and regulations of the secretary shall be
1490	1490	subject to a penalty established by the secretary by rules and regulations.
1491	1491	(j) If the applicant or recipient of temporary assistance for needy
1492	1492	families is a mother of the dependent child, as a condition of the mother's
1493	1493	eligibility for temporary assistance for needy families the mother shall
1494	1494	identify by name and, if known, by current address the father of the
1495	1495	dependent child except that the secretary may adopt by rules and
1496	1496	1
1497	1497	2
1498	1498	3
1499	1499	4
1500	1500	5
1501	1501	6
1502	1502	7
1503	1503	8
1504	1504	9
1505	1505	10
1506	1506	11
1507	1507	12
1508	1508	13
1509	1509	14
1510	1510	15
1511	1511	16
1512	1512	17
1513	1513	18
1514	1514	19
1515	1515	20
1516	1516	21
1517	1517	22
1518	1518	23
1519	1519	24
1520	1520	25
1521	1521	26
1522	1522	27
1523	1523	28
1524	1524	29
1525	1525	30
1526	1526	31
1527	1527	32
1528	1528	33
1529	1529	34
1530	1530	35
1531	1531	36
1532	1532	37
1533	1533	38
1534	1534	39
1535	1535	40
1536	1536	41
1537	1537	42
1538	1538	43 HB 2358 19
1539	1539	regulations exceptions to this requirement in cases of undue hardship. Any
1540	1540	recipient of temporary assistance for needy families who fails to cooperate
1541	1541	with requirements relating to child support services under criteria and
1542	1542	guidelines prescribed by rules and regulations of the secretary shall be
1543	1543	subject to a penalty established by the secretary.
1544	1544	(k) By applying for or receiving child care subsidy or food assistance,
1545	1545	the applicant or recipient shall be deemed to have assigned, pursuant to
1546	1546	K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
1547	1547	state only accrued, present or future rights to support from any other
1548	1548	person such applicant may have in such person's own behalf or in behalf of
1549	1549	any other family member for whom the applicant is applying for or
1550	1550	receiving aid. The assignment of support rights shall automatically become
1551	1551	effective upon the date of approval for or receipt of such aid without the
1552	1552	requirement that any document be signed by the applicant or recipient. By
1553	1553	applying for or receiving child care subsidy or food assistance, the
1554	1554	applicant or recipient is also deemed to have appointed the secretary, or the
1555	1555	secretary's designee, as an attorney in fact to perform the specific act of
1556	1556	negotiating and endorsing all drafts, checks, money orders or other
1557	1557	negotiable instruments representing support payments received by the
1558	1558	secretary in behalf of any person applying for, receiving or having
1559	1559	received such assistance. This limited power of attorney shall be effective
1560	1560	from the date the secretary approves the application for aid and shall
1561	1561	remain in effect until the assignment of support rights has been terminated
1562	1562	in full. An applicant or recipient who has assigned support rights to the
1563	1563	secretary pursuant to this subsection shall cooperate in establishing and
1564	1564	enforcing support obligations to the same extent required of applicants for
1565	1565	or recipients of temporary assistance for needy families.
1566	1566	(l) (1) A program of drug screening for applicants for cash assistance
1567	1567	as a condition of eligibility for cash assistance and persons receiving cash
1568	1568	assistance as a condition of continued receipt of cash assistance shall be
1569	1569	established, subject to applicable federal law, by the secretary for children
1570	1570	and families on and before January 1, 2014. Under such program of drug
1571	1571	screening, the secretary for children and families shall order a drug
1572	1572	screening of an applicant for or a recipient of cash assistance at any time
1573	1573	when reasonable suspicion exists that such applicant for or recipient of
1574	1574	cash assistance is unlawfully using a controlled substance or controlled
1575	1575	substance analog. The secretary for children and families may use any
1576	1576	information obtained by the secretary for children and families to
1577	1577	determine whether such reasonable suspicion exists, including, but not
1578	1578	limited to, an applicant's or recipient's demeanor, missed appointments and
1579	1579	arrest or other police records, previous employment or application for
1580	1580	employment in an occupation or industry that regularly conducts drug
1581	1581	screening, termination from previous employment due to unlawful use of a
1582	1582	1
1583	1583	2
1584	1584	3
1585	1585	4
1586	1586	5
1587	1587	6
1588	1588	7
1589	1589	8
1590	1590	9
1591	1591	10
1592	1592	11
1593	1593	12
1594	1594	13
1595	1595	14
1596	1596	15
1597	1597	16
1598	1598	17
1599	1599	18
1600	1600	19
1601	1601	20
1602	1602	21
1603	1603	22
1604	1604	23
1605	1605	24
1606	1606	25
1607	1607	26
1608	1608	27
1609	1609	28
1610	1610	29
1611	1611	30
1612	1612	31
1613	1613	32
1614	1614	33
1615	1615	34
1616	1616	35
1617	1617	36
1618	1618	37
1619	1619	38
1620	1620	39
1621	1621	40
1622	1622	41
1623	1623	42
1624	1624	43 HB 2358 20
1625	1625	controlled substance or controlled substance analog or prior drug screening
1626	1626	records of the applicant or recipient indicating unlawful use of a controlled
1627	1627	substance or controlled substance analog.
1628	1628	(2) Any applicant for or recipient of cash assistance whose drug
1629	1629	screening results in a positive test may request that the drug screening
1630	1630	specimen be sent to a different drug testing facility for an additional drug
1631	1631	screening. Any applicant for or recipient of cash assistance who requests
1632	1632	an additional drug screening at a different drug testing facility shall be
1633	1633	required to pay the cost of drug screening. Such applicant or recipient who
1634	1634	took the additional drug screening and who tested negative for unlawful
1635	1635	use of a controlled substance and controlled substance analog shall be
1636	1636	reimbursed for the cost of such additional drug screening.
1637	1637	(3) Any applicant for or recipient of cash assistance who tests
1638	1638	positive for unlawful use of a controlled substance or controlled substance
1639	1639	analog shall be required to complete a substance abuse treatment program
1640	1640	approved by the secretary for children and families, secretary of labor or
1641	1641	secretary of commerce, and a job skills program approved by the secretary
1642	1642	for children and families, secretary of labor or secretary of commerce.
1643	1643	Subject to applicable federal laws, any applicant for or recipient of cash
1644	1644	assistance who fails to complete or refuses to participate in the substance
1645	1645	abuse treatment program or job skills program as required under this
1646	1646	subsection shall be ineligible to receive cash assistance until completion of
1647	1647	such substance abuse treatment and job skills programs. Upon completion
1648	1648	of both substance abuse treatment and job skills programs, such applicant
1649	1649	for or recipient of cash assistance may be subject to periodic drug
1650	1650	screening, as determined by the secretary for children and families. Upon a
1651	1651	second positive test for unlawful use of a controlled substance or
1652	1652	controlled substance analog, a recipient of cash assistance shall be ordered
1653	1653	to complete again a substance abuse treatment program and job skills
1654	1654	program, and shall be terminated from cash assistance for a period of 12
1655	1655	months, or until such recipient of cash assistance completes both substance
1656	1656	abuse treatment and job skills programs, whichever is later. Upon a third
1657	1657	positive test for unlawful use of a controlled substance or controlled
1658	1658	substance analog, a recipient of cash assistance shall be terminated from
1659	1659	cash assistance, subject to applicable federal law.
1660	1660	(4) If an applicant for or recipient of cash assistance is ineligible for
1661	1661	or terminated from cash assistance as a result of a positive test for
1662	1662	unlawful use of a controlled substance or controlled substance analog, and
1663	1663	such applicant for or recipient of cash assistance is the parent or legal
1664	1664	guardian of a minor child, an appropriate protective payee shall be
1665	1665	designated to receive cash assistance on behalf of such child. Such parent
1666	1666	or legal guardian of the minor child may choose to designate an individual
1667	1667	to receive cash assistance for such parent's or legal guardian's minor child,
1668	1668	1
1669	1669	2
1670	1670	3
1671	1671	4
1672	1672	5
1673	1673	6
1674	1674	7
1675	1675	8
1676	1676	9
1677	1677	10
1678	1678	11
1679	1679	12
1680	1680	13
1681	1681	14
1682	1682	15
1683	1683	16
1684	1684	17
1685	1685	18
1686	1686	19
1687	1687	20
1688	1688	21
1689	1689	22
1690	1690	23
1691	1691	24
1692	1692	25
1693	1693	26
1694	1694	27
1695	1695	28
1696	1696	29
1697	1697	30
1698	1698	31
1699	1699	32
1700	1700	33
1701	1701	34
1702	1702	35
1703	1703	36
1704	1704	37
1705	1705	38
1706	1706	39
1707	1707	40
1708	1708	41
1709	1709	42
1710	1710	43 HB 2358 21
1711	1711	as approved by the secretary for children and families. Prior to the
1712	1712	designated individual receiving any cash assistance, the secretary for
1713	1713	children and families shall review whether reasonable suspicion exists that
1714	1714	such designated individual is unlawfully using a controlled substance or
1715	1715	controlled substance analog.
1716	1716	(A) In addition, any individual designated to receive cash assistance
1717	1717	on behalf of an eligible minor child shall be subject to drug screening at
1718	1718	any time when reasonable suspicion exists that such designated individual
1719	1719	is unlawfully using a controlled substance or controlled substance analog.
1720	1720	The secretary for children and families may use any information obtained
1721	1721	by the secretary for children and families to determine whether such
1722	1722	reasonable suspicion exists, including, but not limited to, the designated
1723	1723	individual's demeanor, missed appointments and arrest or other police
1724	1724	records, previous employment or application for employment in an
1725	1725	occupation or industry that regularly conducts drug screening, termination
1726	1726	from previous employment due to unlawful use of a controlled substance
1727	1727	or controlled substance analog or prior drug screening records of the
1728	1728	designated individual indicating unlawful use of a controlled substance or
1729	1729	controlled substance analog.
1730	1730	(B) Any designated individual whose drug screening results in a
1731	1731	positive test may request that the drug screening specimen be sent to a
1732	1732	different drug testing facility for an additional drug screening. Any
1733	1733	designated individual who requests an additional drug screening at a
1734	1734	different drug testing facility shall be required to pay the cost of drug
1735	1735	screening. Such designated individual who took the additional drug
1736	1736	screening and who tested negative for unlawful use of a controlled
1737	1737	substance and controlled substance analog shall be reimbursed for the cost
1738	1738	of such additional drug screening.
1739	1739	(C) Upon any positive test for unlawful use of a controlled substance
1740	1740	or controlled substance analog, the designated individual shall not receive
1741	1741	cash assistance on behalf of the parent's or legal guardian's minor child,
1742	1742	and another designated individual shall be selected by the secretary for
1743	1743	children and families to receive cash assistance on behalf of such parent's
1744	1744	or legal guardian's minor child.
1745	1745	(5) If a person has been convicted under federal or state law of any
1746	1746	offense that is classified as a felony by the law of the jurisdiction and has
1747	1747	as an element of such offense the manufacture, cultivation, distribution,
1748	1748	possession or use of a controlled substance or controlled substance analog,
1749	1749	and the date of conviction is on or after July 1, 2013, such person shall
1750	1750	thereby become forever ineligible to receive any cash assistance under this
1751	1751	subsection unless such conviction is the person's first conviction. First-
1752	1752	time offenders convicted under federal or state law of any offense that is
1753	1753	classified as a felony by the law of the jurisdiction and has as an element
1754	1754	1
1755	1755	2
1756	1756	3
1757	1757	4
1758	1758	5
1759	1759	6
1760	1760	7
1761	1761	8
1762	1762	9
1763	1763	10
1764	1764	11
1765	1765	12
1766	1766	13
1767	1767	14
1768	1768	15
1769	1769	16
1770	1770	17
1771	1771	18
1772	1772	19
1773	1773	20
1774	1774	21
1775	1775	22
1776	1776	23
1777	1777	24
1778	1778	25
1779	1779	26
1780	1780	27
1781	1781	28
1782	1782	29
1783	1783	30
1784	1784	31
1785	1785	32
1786	1786	33
1787	1787	34
1788	1788	35
1789	1789	36
1790	1790	37
1791	1791	38
1792	1792	39
1793	1793	40
1794	1794	41
1795	1795	42
1796	1796	43 HB 2358 22
1797	1797	of such offense the manufacture, cultivation, distribution, possession or
1798	1798	use of a controlled substance or controlled substance analog, and the date
1799	1799	of conviction is on or after July 1, 2013, such person shall become
1800	1800	ineligible to receive cash assistance for five years from the date of
1801	1801	conviction.
1802	1802	(6) Except for hearings before the Kansas department for children
1803	1803	and families, the results of any drug screening administered as part of the
1804	1804	drug screening program authorized by this subsection shall be confidential
1805	1805	and shall not be disclosed publicly.
1806	1806	(7) The secretary for children and families may adopt such rules and
1807	1807	regulations as are necessary to carry out the provisions of this subsection.
1808	1808	(8) Any authority granted to the secretary for children and families
1809	1809	under this subsection shall be in addition to any other penalties prescribed
1810	1810	by law.
1811	1811	(9) As used in this subsection:
1812	1812	(A) "Cash assistance" means cash assistance provided to individuals
1813	1813	under the provisions of article 7 of chapter 39 of the Kansas Statutes
1814	1814	Annotated, and amendments thereto, and any rules and regulations adopted
1815	1815	pursuant to such provisions.
1816	1816	(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
1817	1817	amendments thereto, and 21 U.S.C. § 802.
1818	1818	(C) "Controlled substance analog" means the same as in K.S.A. 21-
1819	1819	5701, and amendments thereto.
1820	1820	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
1821	1821	Sec. 3. This act shall take effect and be in force from and after its
1822	1822	publication in the statute book.
1823	1823	1
1824	1824	2
1825	1825	3
1826	1826	4
1827	1827	5
1828	1828	6
1829	1829	7
1830	1830	8
1831	1831	9
1832	1832	10
1833	1833	11
1834	1834	12
1835	1835	13
1836	1836	14
1837	1837	15
1838	1838	16
1839	1839	17
1840	1840	18
1841	1841	19
1842	1842	20
1843	1843	21
1844	1844	22
1845	1845	23
1846	1846	24
1847	1847	25
1848	1848	26