Kansas 2025-2026 Regular Session

Kansas House Bill HB2362 Compare Versions

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

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1	1	Session of 2025
2	2	HOUSE BILL No. 2362
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Ellis on behalf of the Attorney General's Office
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6	6	AN ACT concerning gambling and gaming; relating to lottery and
7	7	gambling prize winnings; requiring the department of administration to
8	8	report identifying information of persons who claim prize winnings in
9	9	excess of $5,000 to the department of health and environment to verify
10	10	if individuals with such winnings are receiving medical assistance
11	11	under medicaid or related programs; amending K.S.A. 2024 Supp. 39-
12	12	709 and repealing the existing section.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
15	15	follows: 39-709. (a) General eligibility requirements for assistance for
16	16	which federal moneys are expended. Subject to the additional requirements
17	17	below, assistance in accordance with plans under which federal moneys
18	18	are expended may be granted to any needy person who:
19	19	(1) Has insufficient income or resources to provide a reasonable
20	20	subsistence compatible with decency and health. Where a husband and
21	21	wife or cohabiting partners are living together, the combined income or
22	22	resources of both shall be considered in determining the eligibility of
23	23	either or both for such assistance unless otherwise prohibited by law. The
24	24	secretary, in determining need of any applicant for or recipient of
25	25	assistance shall not take into account the financial responsibility of any
26	26	individual for any applicant or recipient of assistance unless such applicant
27	27	or recipient is such individual's spouse, cohabiting partner or such
28	28	individual's minor child or minor stepchild if the stepchild is living with
29	29	such individual. The secretary in determining need of an individual may
30	30	provide such income and resource exemptions as may be permitted by
31	31	federal law. For purposes of eligibility for temporary assistance for needy
32	32	families, for food assistance and for any other assistance provided through
33	33	the Kansas department for children and families under which federal
34	34	moneys are expended, the secretary for children and families shall
35	35	consider one motor vehicle owned by the applicant for assistance,
36	36	regardless of the value of such vehicle, as exempt personal property and
37	37	shall consider any equity in any boat, personal water craft, recreational
38	38	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
39	39	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
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75	75	owned by the applicant for assistance to be a nonexempt resource of the
76	76	applicant for assistance except that any additional motor vehicle used by
77	77	the applicant, the applicant's spouse or the applicant's cohabiting partner
78	78	for the primary purpose of earning income may be considered as exempt
79	79	personal property in the secretary's discretion; or
80	80	(2) is a citizen of the United States or is an alien lawfully admitted to
81	81	the United States and who is residing in the state of Kansas.
82	82	(b) Temporary assistance for needy families. Assistance may be
83	83	granted under this act to any dependent child, or relative, subject to the
84	84	general eligibility requirements as set out in subsection (a), who resides in
85	85	the state of Kansas or whose parent or other relative with whom the child
86	86	is living resides in the state of Kansas. Such assistance shall be known as
87	87	temporary assistance for needy families. Where the husband and wife or
88	88	cohabiting partners are living together, both shall register for work under
89	89	the program requirements for temporary assistance for needy families in
90	90	accordance with criteria and guidelines prescribed by rules and regulations
91	91	of the secretary.
92	92	(1) As used in this subsection, "family group" or "household" means
93	93	the applicant or recipient for TANF, child care subsidy or employment
94	94	services and all individuals living together in which there is a relationship
95	95	of legal responsibility or a qualifying caretaker relationship. This will
96	96	include a cohabiting boyfriend or girlfriend living with the person legally
97	97	responsible for the child. The family group shall not be eligible for TANF
98	98	if the family group contains at least one adult member who has received
99	99	TANF, including the federal TANF assistance received in any other state,
100	100	for 24 calendar months beginning on and after October 1, 1996, unless the
101	101	secretary determines a hardship exists and grants an extension allowing
102	102	receipt of TANF until the 36-month limit is reached. No extension beyond
103	103	36 months shall be granted. Hardship provisions for a recipient include:
104	104	(A) Is a caretaker of a disabled family member living in the
105	105	household;
106	106	(B) has a disability that precludes employment on a long-term basis
107	107	or requires substantial rehabilitation;
108	108	(C) needs a time limit extension to overcome the effects of domestic
109	109	violence or sexual assault;
110	110	(D) is involved with prevention and protection services and has an
111	111	open social service plan; or
112	112	(E) is determined by the 24
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114	114	month to have an extreme hardship other
115	115	than what is designated in criteria listed in subparagraphs (A) through (D).
116	116	This determination will be made by the executive review team.
117	117	(2) All adults applying for TANF shall be required to complete a
118	118	work program assessment as specified by the Kansas department for
119	119	children and families, including those who have been disqualified for or
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163	163	denied TANF due to non-cooperation, drug testing requirements or fraud.
164	164	Adults who are not otherwise eligible for TANF, such as ineligible aliens,
165	165	relative/non-relative caretakers and adults receiving supplemental security
166	166	income are not required to complete the assessment process. During the
167	167	application processing period, applicants must complete at least one
168	168	module or its equivalent of the work program assessment to be considered
169	169	eligible for TANF benefits, unless good cause is found to be exempt from
170	170	the requirements. Good cause exemptions shall only include that the
171	171	applicant:
172	172	(A) Can document an existing certification verifying completion of
173	173	the work program assessment;
174	174	(B) has a valid offer of employment or is employed a minimum of 20
175	175	hours a week;
176	176	(C) is a parenting teen without a GED or high school diploma;
177	177	(D) is enrolled in job corps;
178	178	(E) is working with a refugee social services agency; or
179	179	(F) has completed the work program assessment within the last 12
180	180	months.
181	181	(3) The Kansas department for children and families shall maintain a
182	182	sufficient level of dedicated work program staff to enable the agency to
183	183	conduct work program case management services to TANF recipients in a
184	184	timely manner and in full accordance with state law and agency policy.
185	185	(4) (A) TANF mandatory work program applicants and recipients
186	186	shall participate in work components that lead to competitive, integrated
187	187	employment. Components are defined by the federal government as being
188	188	either primary or secondary.
189	189	(B) In order to meet federal work participation requirements,
190	190	households shall meet at least 30 hours of participation per week, at least
191	191	20 hours of which shall be primary and at least 10 hours may be secondary
192	192	components in one parent households where the youngest child is six years
193	193	of age or older. Participation hours shall be 55 hours in two parent
194	194	households, 35 hours per week if child care is not used. The maximum
195	195	assignment is 40 hours per week per individual. For two parent families to
196	196	meet the federal work participation rate, both parents shall participate in a
197	197	combined total of 55 hours per week, 50 hours of which shall be in
198	198	primary components, or one or both parents could be assigned a combined
199	199	total of 35 hours per week, 30 hours of which must be primary
200	200	components, if the Kansas department for children and families paid child
201	201	care is not received by the family. Single parent families with a child under
202	202	age six meet the federal participation requirement if the parent is engaged
203	203	in work or work activities for at least 20 hours per week in a primary work
204	204	component.
205	205	(C) The following components meet federal definitions of primary
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249	249	hours of participation: Full or part-time employment, apprenticeship, work
250	250	study, self-employment, job corps, subsidized employment, work
251	251	experience sites, on-the-job training, supervised community service,
252	252	vocational education, job search and job readiness. Secondary components
253	253	include: Job skills training, education directly related to employment such
254	254	as adult basic education and English as a second language, and completion
255	255	of a high school diploma or GED.
256	256	(5) A parent or other adult caretaker personally providing care for a
257	257	child under the age of three months in their TANF household shall be
258	258	exempt from work participation activities until the month the child attains
259	259	three months of age. Such three-month limitation shall not apply to a
260	260	parent or other adult caretaker who is personally providing care for a child
261	261	born significantly premature, with serious medical conditions or with a
262	262	disability as defined by the secretary, in consultation with the secretary of
263	263	health and environment and adopted in the rules and regulations. The
264	264	three-month period is defined as two consecutive months starting with the
265	265	month after childbirth. The exemption for caring for a child under three
266	266	months cannot be claimed by:
267	267	(A) Either parent when two parents are in the home and the
268	268	household meets the two-parent definition for federal reporting purposes;
269	269	(B) one parent or caretaker when the other parent or caretaker is in
270	270	the home, and available, capable and suitable to provide care and the
271	271	household does not meet the two-parent definition for federal reporting
272	272	purposes;
273	273	(C) a person age 19 or younger when such person is pregnant or a
274	274	parent of a child in the home and the person does not possess a high school
275	275	diploma or its equivalent. Such person shall become exempt the month
276	276	such person attains 20 years of age; or
277	277	(D) any person assigned to a work participation activity for substance
278	278	use disorders.
279	279	(6) TANF work experience placements shall be reviewed after 90
280	280	days and are limited to six months per 24-month lifetime limit. A client's
281	281	progress shall be reviewed prior to each new placement regardless of the
282	282	length of time they are at the work experience site.
283	283	(7) TANF participants with disabilities shall engage in required
284	284	employment activities to the maximum extent consistent with their
285	285	abilities. A TANF participant shall provide current documentation by a
286	286	qualified medical practitioner that details the ability to engage in
287	287	employment and any limitation in work activities along with the expected
288	288	duration of such limitations. Disability is defined as a physical or mental
289	289	impairment constituting or resulting in a substantial impediment to
290	290	employment for such individual.
291	291	(8) Non-cooperation is the failure of the applicant or recipient to
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335	335	comply with all requirements provided in state and federal law, federal and
336	336	state rules and regulations and agency policy. The period of ineligibility
337	337	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
338	338	and amendments thereto, with work programs shall be as follows, for a:
339	339	(A) First penalty, three months and full cooperation with work
340	340	program activities;
341	341	(B) second penalty, six months and full cooperation with work
342	342	program activities;
343	343	(C) third penalty, one year and full cooperation with work program
344	344	activities; and
345	345	(D) fourth or subsequent penalty, 10 years.
346	346	(9) Individuals who have not cooperated with TANF work programs
347	347	shall be ineligible to participate in the food assistance program. The
348	348	comparable penalty shall be applied to only the individual in the food
349	349	assistance program who failed to comply with the TANF work
350	350	requirement. The agency shall impose the same penalty to the member of
351	351	the household who failed to comply with TANF requirements. The penalty
352	352	periods are three months, six months, one year, or 10 years.
353	353	(10) (A) The period of ineligibility for TANF benefits based on
354	354	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
355	355	thereto, with child support services shall be as follows, for a:
356	356	(i) First penalty, three months and cooperation with child support
357	357	services prior to regaining eligibility;
358	358	(ii) second penalty, six months and cooperation with child support
359	359	services prior to regaining eligibility;
360	360	(iii) third penalty, one year and cooperation with child support
361	361	services prior to regaining eligibility; and
362	362	(iv) fourth penalty, 10 years.
363	363	(B) (i) The period of ineligibility for child care subsidy based on
364	364	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
365	365	thereto, with child support services shall be as follows, for a:
366	366	(a) First penalty, three months and cooperation with child support
367	367	services prior to regaining eligibility;
368	368	(b) second penalty, six months and cooperation with child support
369	369	services prior to regaining eligibility;
370	370	(c) third penalty, one year and cooperation with child support services
371	371	prior to regaining eligibility; and
372	372	(d) fourth penalty, 10 years.
373	373	(ii) The secretary, or the secretary's designee, shall review child
374	374	support compliance of a parent:
375	375	(a) Upon application for child care subsidy;
376	376	(b) after 12 months of continuous eligibility for child care subsidy;
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421	421	(c) following such 12 months of continuous eligibility when the
422	422	secretary renews or redetermines a parent's eligibility for child care
423	423	subsidy.
424	424	(11) Individuals who have not cooperated without good cause with
425	425	child support services shall be ineligible to participate in the food
426	426	assistance program. The period of disqualification ends once it has been
427	427	determined that such individual is cooperating with child support services.
428	428	(12) (A) Any individual who is found to have committed fraud or is
429	429	found guilty of the crime of theft pursuant to K.S.A. 39-720, and
430	430	amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
431	431	either the TANF or child care program shall render all adults in the family
432	432	unit ineligible for TANF assistance. Adults in the household who have
433	433	been determined to have committed fraud or were convicted of the crime
434	434	of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
435	435	21-5801, and amendments thereto, shall render themselves and all adult
436	436	household members ineligible for their lifetime for TANF, even if fraud
437	437	was committed in only one program. Households who have been
438	438	determined to have committed fraud or were convicted of the crime of
439	439	theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
440	440	5801, and amendments thereto, shall be required to name a protective
441	441	payee as approved by the secretary or the secretary's designee to
442	442	administer TANF benefits or food assistance on behalf of the children. No
443	443	adult in a household may have access to the TANF cash assistance benefit.
444	444	(B) Any individual who has failed to cooperate with a fraud
445	445	investigation shall be ineligible to participate in the TANF cash assistance
446	446	program and the child care subsidy program until the Kansas department
447	447	for children and families determines that such individual is cooperating
448	448	with the fraud investigation. The Kansas department for children and
449	449	families shall maintain a sufficient level of fraud investigative staff to
450	450	enable the department to conduct fraud investigations in a timely manner
451	451	and in full accordance with state law and department rules and regulations
452	452	or policies.
453	453	(13) (A) Food assistance shall not be provided to any person
454	454	convicted of a felony offense occurring on or after July 1, 2015, that
455	455	includes as an element of such offense the manufacture, cultivation,
456	456	distribution, possession or use of a controlled substance or controlled
457	457	substance analog. For food assistance, the individual shall be permanently
458	458	disqualified if such individual has been convicted of a state or federal
459	459	felony offense occurring on or after July 1, 2015, involving possession or
460	460	use of a controlled substance or controlled substance analog.
461	461	(B) (i) Notwithstanding the provisions of subparagraph (A), an
462	462	individual shall be eligible for food assistance if the individual enrolls in
463	463	and participates in a drug treatment program approved by the secretary,
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507	507	submits to and passes a drug test and agrees to submit to drug testing if
508	508	requested by the department pursuant to a drug testing plan.
509	509	(ii) An individual's failure to submit to testing or failure to
510	510	successfully pass a drug test shall result in ineligibility for food assistance
511	511	until a drug test is successfully passed. Failure to successfully complete a
512	512	drug treatment program shall result in ineligibility for food assistance until
513	513	a drug treatment plan approved by the secretary is successfully completed,
514	514	the individual passes a drug test and agrees to submit to drug testing if
515	515	requested by the department pursuant to a drug testing plan.
516	516	(C) The provisions of subparagraph (B) shall not apply to any
517	517	individual who has been convicted for a second or subsequent felony
518	518	offense as provided in subparagraph (A).
519	519	(14) No TANF cash assistance shall be used to purchase alcohol,
520	520	cigarettes, tobacco products, lottery tickets, concert tickets, professional or
521	521	collegiate sporting event tickets or tickets for other entertainment events
522	522	intended for the general public or sexually oriented adult materials. No
523	523	TANF cash assistance shall be used in any retail liquor store, casino,
524	524	gaming establishment, jewelry store, tattoo parlor, massage parlor, body
525	525	piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
526	526	vapor cigarette store, psychic or fortune telling business, bail bond
527	527	company, video arcade, movie theater, swimming pool, cruise ship, theme
528	528	park, dog or horse racing facility, parimutuel facility, or sexually oriented
529	529	business or any retail establishment that provides adult-oriented
530	530	entertainment in which performers disrobe or perform in an unclothed
531	531	state for entertainment, or in any business or retail establishment where
532	532	minors under age 18 are not permitted. No TANF cash assistance shall be
533	533	used for purchases at points of sale outside the state of Kansas.
534	534	(15) (A) The secretary for children and families shall place a
535	535	photograph of the recipient, if agreed to by such recipient of public
536	536	assistance, on any Kansas benefits card issued by the Kansas department
537	537	for children and families that the recipient uses in obtaining food, cash or
538	538	any other services. When a recipient of public assistance is a minor or
539	539	otherwise incapacitated individual, a parent or legal guardian of such
540	540	recipient may have a photograph of such parent or legal guardian placed
541	541	on the card.
542	542	(B) Any Kansas benefits card with a photograph of a recipient shall
543	543	be valid for voting purposes as a public assistance identification card in
544	544	accordance with the provisions of K.S.A. 25-2908, and amendments
545	545	thereto.
546	546	(C) As used in this paragraph and its subparagraphs, "Kansas benefits
547	547	card" means any card issued to provide food assistance, cash assistance or
548	548	child care assistance, including, but not limited to, the vision card, EBT
549	549	card and Kansas benefits card.
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593	593	(D) The Kansas department for children and families shall monitor all
594	594	recipient requests for a Kansas benefits card replacement and, upon the
595	595	fourth such request in a 12-month period, send a notice alerting the
596	596	recipient that the recipient's account is being monitored for potential
597	597	suspicious activity. If a recipient makes an additional request for
598	598	replacement subsequent to such notice, the department shall refer the
599	599	investigation to the department's fraud investigation unit.
600	600	(16) The secretary for children and families shall adopt rules and
601	601	regulations for:
602	602	(A) Determining eligibility for the child care subsidy program,
603	603	including an income of a cohabiting partner in a child care household; and
604	604	(B) determining and maintaining eligibility for non-TANF child care,
605	605	requiring that all included adults shall be employed a minimum of 20
606	606	hours per week or more as defined by the secretary or meet the following
607	607	specific qualifying exemptions:
608	608	(i) Adults who are not capable of meeting the requirement due to a
609	609	documented physical or mental condition;
610	610	(ii) adults who are former TANF recipients who need child care for
611	611	employment after their TANF case has closed and earned income is a
612	612	factor in the closure in the two months immediately following TANF
613	613	closure;
614	614	(iii) adult parents included in a case in which the only child receiving
615	615	benefits is the child of a minor parent who is working on completion of
616	616	high school or obtaining a GED;
617	617	(iv) adults who are participants in a food assistance employment and
618	618	training program;
619	619	(v) adults who are participants in an early head start child care
620	620	partnership program and are working or in school or training; or
621	621	(vi) adults who are caretakers of a child in custody of the secretary in
622	622	out-of-home placement needing child care.
623	623	The Kansas department for children and families shall provide child
624	624	care for the pursuit of any degree or certification if the occupation has at
625	625	least an average job outlook listed in the occupational outlook of the
626	626	United States department of labor, bureau of labor statistics. For
627	627	occupations with less than an average job outlook, educational plans shall
628	628	require approval of the secretary or secretary's designee. Child care may
629	629	also be approved if the student provides verification of a specific job offer
630	630	that will be available to such student upon completion of the program.
631	631	Child care for post-secondary education shall be allowed for a lifetime
632	632	maximum of 24 months per adult. The 24 months may not have to be
633	633	consecutive. Students shall be engaged in paid employment for a minimum
634	634	of 15 hours per week. In a two-parent adult household, child care would
635	635	not be allowed if both parents are adults and attending a formal education
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679	679	or training program at the same time. The household may choose which
680	680	one of the parents is participating as a post-secondary student. The other
681	681	parent shall meet another approvable criteria for child care subsidy.
682	682	(17) (A) The secretary for children and families is prohibited from
683	683	requesting or implementing a waiver or program from the United States
684	684	department of agriculture for the time limited assistance provisions for
685	685	able-bodied adults aged 18 through 49 without dependents in a household
686	686	under the food assistance program. The time on food assistance for able-
687	687	bodied adults aged 18 through 49 without dependents in the household
688	688	shall be limited to three months in a 36-month period if such adults are not
689	689	meeting the requirements imposed by the U.S. department of agriculture
690	690	that they must work for at least 20 hours per week or participate in a
691	691	federally approved work program or its equivalent.
692	692	(B) Each food assistance household member who is not otherwise
693	693	exempt from the following work requirements shall: Register for work;
694	694	participate in an employment and training program, if assigned to such a
695	695	program by the department; accept a suitable employment offer; and not
696	696	voluntarily quit a job of at least 30 hours per week.
697	697	(C) Any recipient who has not complied with the work requirements
698	698	under subparagraph (B) shall be ineligible to participate in the food
699	699	assistance program for the following time period and until the recipient
700	700	complies with such work requirements for a:
701	701	(i) First penalty, three months;
702	702	(ii) second penalty, six months; and
703	703	(iii) third penalty and any subsequent penalty, one year.
704	704	(D) The Kansas department for children and families shall assign all
705	705	individuals subject to the requirements established under 7 U.S.C. §
706	706	2015(d)(1) to an employment and training program as defined in 7 U.S.C.
707	707	§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
708	708	(i) Able-bodied adults aged 18 through 49 without dependents;
709	709	(ii) work registrants aged 50 through 59 without dependents not
710	710	exempt from 7 U.S.C. § 2015(d)(2); and
711	711	(iii) individuals who are not employed at least 30 hours per week.
712	712	(18) Eligibility for the food assistance program shall be limited to
713	713	those individuals who are citizens or who meet qualified non-citizen status
714	714	as determined by United States department of agriculture. Non-citizen
715	715	individuals who are unable or unwilling to provide qualifying immigrant
716	716	documentation, as defined by the United States department of agriculture,
717	717	residing within a household shall not be included when determining the
718	718	household's size for the purposes of assigning a benefit level to the
719	719	household for food assistance or comparing the household's monthly
720	720	income with the income eligibility standards. The gross non-exempt
721	721	earned and unearned income and resources of disqualified individuals shall
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765	765	be counted in its entirety as available to the remaining household
766	766	members.
767	767	(19) The secretary for children and families shall not enact the state
768	768	option from the United States department of agriculture for broad-based
769	769	categorical eligibility for households applying for food assistance
770	770	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
771	771	(20) No federal or state funds shall be used for television, radio or
772	772	billboard advertisements that are designed to promote food assistance
773	773	benefits and enrollment. No federal or state funding shall be used for any
774	774	agreements with foreign governments designed to promote food
775	775	assistance.
776	776	(21) (A) The secretary for children and families shall not apply gross
777	777	income standards for food assistance higher than the standards specified in
778	778	7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical
779	779	eligibility exempting households from such gross income standards
780	780	requirements shall not be granted for any non-cash, in-kind or other
781	781	benefit unless expressly required by federal law.
782	782	(B) The secretary for children and families shall not apply resource
783	783	limits standards for food assistance that are higher than the standards
784	784	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
785	785	law. Categorical eligibility exempting households from such resource
786	786	limits shall not be granted for any non-cash, in-kind or other benefit unless
787	787	expressly required by federal law.
788	788	(c) (1) The Kansas department for children and families shall conduct
789	789	an electronic check for any false information provided on an application
790	790	for TANF and other benefits programs administered by the department.
791	791	For TANF cash assistance, food assistance and the child care subsidy
792	792	program, the department shall verify the identity of all adults in the
793	793	assistance household.
794	794	(2) The department of administration shall provide monthly to the
795	795	Kansas department for children and families the social security numbers or
796	796	alternate taxpayer identification numbers of all persons who claim a
797	797	Kansas lottery prize in excess of $5,000 during the reported month. The
798	798	Kansas department for children and families shall verify if individuals
799	799	with such winnings are receiving TANF cash assistance, food assistance or
800	800	assistance under the child care subsidy program and take appropriate
801	801	action. The Kansas department for children and families shall use data
802	802	received under this subsection solely, and for no other purpose, to
803	803	determine if any recipient's eligibility for benefits has been affected by
804	804	lottery prize winnings. The Kansas department for children and families
805	805	shall not publicly disclose the identity of any lottery prize winner,
806	806	including recipients who are determined to have illegally received
807	807	benefits.
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851	851	(d) Temporary assistance for needy families; assignment of support
852	852	rights and limited power of attorney. By applying for or receiving
853	853	temporary assistance for needy families such applicant or recipient shall be
854	854	deemed to have assigned to the secretary on behalf of the state any
855	855	accrued, present or future rights to support from any other person such
856	856	applicant may have in such person's own behalf or in behalf of any other
857	857	family member for whom the applicant is applying for or receiving aid. In
858	858	any case in which an order for child support has been established and the
859	859	legal custodian and obligee under the order surrenders physical custody of
860	860	the child to a caretaker relative without obtaining a modification of legal
861	861	custody and support rights on behalf of the child are assigned pursuant to
862	862	this section, the surrender of physical custody and the assignment shall
863	863	transfer, by operation of law, the child's support rights under the order to
864	864	the secretary on behalf of the state. Such assignment shall be of all
865	865	accrued, present or future rights to support of the child surrendered to the
866	866	caretaker relative. The assignment of support rights shall automatically
867	867	become effective upon the date of approval for or receipt of such aid
868	868	without the requirement that any document be signed by the applicant,
869	869	recipient or obligee. By applying for or receiving temporary assistance for
870	870	needy families, or by surrendering physical custody of a child to a
871	871	caretaker relative who is an applicant or recipient of such assistance on the
872	872	child's behalf, the applicant, recipient or obligee is also deemed to have
873	873	appointed the secretary, or the secretary's designee, as an attorney-in-fact
874	874	to perform the specific act of negotiating and endorsing all drafts, checks,
875	875	money orders or other negotiable instruments representing support
876	876	payments received by the secretary in behalf of any person applying for,
877	877	receiving or having received such assistance. This limited power of
878	878	attorney shall be effective from the date the secretary approves the
879	879	application for aid and shall remain in effect until the assignment of
880	880	support rights has been terminated in full.
881	881	(e) Requirements for medical assistance for which federal moneys or
882	882	state moneys or both are expended. (1) When the secretary has adopted a
883	883	medical care plan under which federal moneys or state moneys or both are
884	884	expended, medical assistance in accordance with such plan shall be
885	885	granted to any person who is a citizen of the United States or who is an
886	886	alien lawfully admitted to the United States and who is residing in the state
887	887	of Kansas, whose resources and income do not exceed the levels
888	888	prescribed by the secretary. In determining the need of an individual, the
889	889	secretary may provide for income and resource exemptions and protected
890	890	income and resource levels. Resources from inheritance shall be counted.
891	891	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
892	892	amendments thereto, shall constitute a transfer of resources. The secretary
893	893	shall exempt principal and interest held in irrevocable trust pursuant to
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936	936	43 HB 2362 12
937	937	K.S.A. 16-303(c), and amendments thereto, from the eligibility
938	938	requirements of applicants for and recipients of medical assistance. Such
939	939	assistance shall be known as medical assistance.
940	940	(2) For the purposes of medical assistance eligibility determinations
941	941	on or after July 1, 2004, if an applicant or recipient owns property in joint
942	942	tenancy with some other party and the applicant or recipient of medical
943	943	assistance has restricted or conditioned their interest in such property to a
944	944	specific and discrete property interest less than 100%, then such
945	945	designation will cause the full value of the property to be considered an
946	946	available resource to the applicant or recipient. Medical assistance
947	947	eligibility for receipt of benefits under the title XIX of the social security
948	948	act, commonly known as medicaid, shall not be expanded, as provided for
949	949	in the patient protection and affordable care act, public law 111-148, 124
950	950	stat. 119, and the health care and education reconciliation act of 2010,
951	951	public law 111-152, 124 stat. 1029, unless the legislature expressly
952	952	consents to, and approves of, the expansion of medicaid services by an act
953	953	of the legislature.
954	954	(3) (A) Resources from trusts shall be considered when determining
955	955	eligibility of a trust beneficiary for medical assistance. Medical assistance
956	956	is to be secondary to all resources, including trusts, that may be available
957	957	to an applicant or recipient of medical assistance.
958	958	(B) If a trust has discretionary language, the trust shall be considered
959	959	to be an available resource to the extent, using the full extent of discretion,
960	960	the trustee may make any of the income or principal available to the
961	961	applicant or recipient of medical assistance. Any such discretionary trust
962	962	shall be considered an available resource unless:
963	963	(i) At the time of creation or amendment of the trust, the trust states a
964	964	clear intent that the trust is supplemental to public assistance; and
965	965	(ii) the trust is funded:
966	966	(a) From resources of a person who, at the time of such funding,
967	967	owed no duty of support to the applicant or recipient of medical assistance;
968	968	or
969	969	(b) not more than nominally from resources of a person while that
970	970	person owed a duty of support to the applicant or recipient of medical
971	971	assistance.
972	972	(C) For the purposes of this paragraph, "public assistance" includes,
973	973	but is not limited to, medicaid, medical assistance or title XIX of the social
974	974	security act.
975	975	(4) (A) When an applicant or recipient of medical assistance is a party
976	976	to a contract, agreement or accord for personal services being provided by
977	977	a nonlicensed individual or provider and such contract, agreement or
978	978	accord involves health and welfare monitoring, pharmacy assistance, case
979	979	management, communication with medical, health or other professionals,
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1022	1022	43 HB 2362 13
1023	1023	or other activities related to home health care, long term care, medical
1024	1024	assistance benefits, or other related issues, any moneys paid under such
1025	1025	contract, agreement or accord shall be considered to be an available
1026	1026	resource unless the following restrictions are met:
1027	1027	(i) The contract, agreement or accord must be in writing and executed
1028	1028	prior to any services being provided;
1029	1029	(ii) the moneys paid are in direct relationship with the fair market
1030	1030	value of such services being provided by similarly situated and trained
1031	1031	nonlicensed individuals;
1032	1032	(iii) if no similarly situated nonlicensed individuals or situations can
1033	1033	be found, the value of services will be based on federal hourly minimum
1034	1034	wage standards;
1035	1035	(iv) such individual providing the services shall report all receipts of
1036	1036	moneys as income to the appropriate state and federal governmental
1037	1037	revenue agencies;
1038	1038	(v) any amounts due under such contract, agreement or accord shall
1039	1039	be paid after the services are rendered;
1040	1040	(vi) the applicant or recipient shall have the power to revoke the
1041	1041	contract, agreement or accord; and
1042	1042	(vii) upon the death of the applicant or recipient, the contract,
1043	1043	agreement or accord ceases.
1044	1044	(B) When an applicant or recipient of medical assistance is a party to
1045	1045	a written contract for personal services being provided by a licensed health
1046	1046	professional or facility and such contract involves health and welfare
1047	1047	monitoring, pharmacy assistance, case management, communication with
1048	1048	medical, health or other professionals, or other activities related to home
1049	1049	health care, long term care, medical assistance benefits or other related
1050	1050	issues, any moneys paid in advance of receipt of services for such
1051	1051	contracts shall be considered to be an available resource.
1052	1052	(5) Any trust may be amended if such amendment is permitted by the
1053	1053	Kansas uniform trust code.
1054	1054	(f) Eligibility for medical assistance of resident receiving medical
1055	1055	care outside state. A person who is receiving medical care including long-
1056	1056	term care outside of Kansas whose health would be endangered by the
1057	1057	postponement of medical care until return to the state or by travel to return
1058	1058	to Kansas, may be determined eligible for medical assistance if such
1059	1059	individual is a resident of Kansas and all other eligibility factors are met.
1060	1060	Persons who are receiving medical care on an ongoing basis in a long-term
1061	1061	medical care facility in a state other than Kansas and who do not return to
1062	1062	a care facility in Kansas when they are able to do so, shall no longer be
1063	1063	eligible to receive assistance in Kansas unless such medical care is not
1064	1064	available in a comparable facility or program providing such medical care
1065	1065	in Kansas. For persons who are minors or who are under guardianship, the
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1108	1108	43 HB 2362 14
1109	1109	actions of the parent or guardian shall be deemed to be the actions of the
1110	1110	child or ward in determining whether or not the person is remaining
1111	1111	outside the state voluntarily.
1112	1112	(g) Medical assistance; reporting of lottery or gambling prize
1113	1113	winnings. Every month the department of administration shall provide to
1114	1114	the department of health and environment the social security numbers or
1115	1115	alternate taxpayer identification numbers of all persons who claim a
1116	1116	Kansas lottery or gambling prize in excess of $5,000 during the reported
1117	1117	month. The department of health and environment shall verify if
1118	1118	individuals with such winnings are receiving medical assistance in
1119	1119	Kansas. The department of health and environment shall use data received
1120	1120	under this subsection for no other purpose than to determine if any
1121	1121	recipient's eligibility for benefits has been affected by lottery prize
1122	1122	winnings. The department of health and environment shall not publicly
1123	1123	disclose the identity of any lottery prize winner, including recipients who
1124	1124	are determined to have illegally received benefits.
1125	1125	(g)(h) Medical assistance; assignment of rights to medical support
1126	1126	and limited power of attorney; recovery from estates of deceased
1127	1127	recipients. (1) (A) Except as otherwise provided in K.S.A. 39-786 and 39-
1128	1128	787, and amendments thereto, or as otherwise authorized on and after
1129	1129	September 30, 1989, under section 303 of the federal medicare
1130	1130	catastrophic coverage act of 1988, whichever is applicable, by applying for
1131	1131	or receiving medical assistance under a medical care plan in which federal
1132	1132	funds are expended, any accrued, present or future rights to support and
1133	1133	any rights to payment for medical care from a third party of an applicant or
1134	1134	recipient and any other family member for whom the applicant is applying
1135	1135	shall be deemed to have been assigned to the secretary on behalf of the
1136	1136	state. The assignment shall automatically become effective upon the date
1137	1137	of approval for such assistance without the requirement that any document
1138	1138	be signed by the applicant or recipient. By applying for or receiving
1139	1139	medical assistance the applicant or recipient is also deemed to have
1140	1140	appointed the secretary, or the secretary's designee, as an attorney-in-fact
1141	1141	to perform the specific act of negotiating and endorsing all drafts, checks,
1142	1142	money orders or other negotiable instruments, representing payments
1143	1143	received by the secretary in on behalf of any person applying for, receiving
1144	1144	or having received such assistance. This limited power of attorney shall be
1145	1145	effective from the date the secretary approves the application for assistance
1146	1146	and shall remain in effect until the assignment has been terminated in full.
1147	1147	The assignment of any rights to payment for medical care from a third
1148	1148	party under this subsection shall not prohibit a health care provider from
1149	1149	directly billing an insurance carrier for services rendered if the provider
1150	1150	has not submitted a claim covering such services to the secretary for
1151	1151	payment. Support amounts collected on behalf of persons whose rights to
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1194	1194	43 HB 2362 15
1195	1195	support are assigned to the secretary only under this subsection and no
1196	1196	other shall be distributed pursuant to K.S.A. 39-756(d), and amendments
1197	1197	thereto, except that any amounts designated as medical support shall be
1198	1198	retained by the secretary for repayment of the unreimbursed portion of
1199	1199	assistance. Amounts collected pursuant to the assignment of rights to
1200	1200	payment for medical care from a third party shall also be retained by the
1201	1201	secretary for repayment of the unreimbursed portion of assistance.
1202	1202	(B) Notwithstanding the provisions of subparagraph (A), the
1203	1203	secretary of health and environment, or the secretary's designee, is hereby
1204	1204	authorized to and shall exercise any of the powers specified in
1205	1205	subparagraph (A) in relation to performance of such secretary's duties
1206	1206	pertaining to medical subrogation, estate recovery or any other duties
1207	1207	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1208	1208	Annotated, and amendments thereto.
1209	1209	(2) The amount of any medical assistance paid after June 30, 1992,
1210	1210	under the provisions of subsection (e) is a claim against the property or
1211	1211	any interest therein belonging to and a part of the estate of any deceased
1212	1212	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1213	1213	shall be charged for such medical assistance paid to either or both and a
1214	1214	claim against any funds of such recipient or spouse in any account under
1215	1215	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1216	1216	be no recovery of medical assistance correctly paid to or on behalf of an
1217	1217	individual under subsection (e) except after the death of the surviving
1218	1218	spouse of the individual, if any, and only at a time when the individual has
1219	1219	no surviving child who is under 21 years of age or is blind or permanently
1220	1220	and totally disabled. Transfers of real or personal property by recipients of
1221	1221	medical assistance without adequate consideration are voidable and may
1222	1222	be set aside. Except where there is a surviving spouse, or a surviving child
1223	1223	who is under 21 years of age or is blind or permanently and totally
1224	1224	disabled, the amount of any medical assistance paid under subsection (e) is
1225	1225	a claim against the estate in any guardianship or conservatorship
1226	1226	proceeding. The monetary value of any benefits received by the recipient
1227	1227	of such medical assistance under long-term care insurance, as defined by
1228	1228	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1229	1229	amount of the claim provided for such medical assistance under this
1230	1230	subsection. The secretary of health and environment is authorized to
1231	1231	enforce each claim provided for under this subsection. The secretary of
1232	1232	health and environment shall not be required to pursue every claim, but is
1233	1233	granted discretion to determine which claims to pursue. All moneys
1234	1234	received by the secretary of health and environment from claims under this
1235	1235	subsection shall be deposited in the social welfare fund. The secretary of
1236	1236	health and environment may adopt rules and regulations for the
1237	1237	implementation and administration of the medical assistance recovery
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1281	1281	program under this subsection.
1282	1282	(3) By applying for or receiving medical assistance under the
1283	1283	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1284	1284	amendments thereto, such individual or such individual's agent, fiduciary,
1285	1285	guardian, conservator, representative payee or other person acting on
1286	1286	behalf of the individual consents to the following definitions of estate and
1287	1287	the results therefrom:
1288	1288	(A) If an individual receives any medical assistance before July 1,
1289	1289	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1290	1290	and amendments thereto, which forms the basis for a claim under
1291	1291	paragraph (2), such claim is limited to the individual's probatable estate as
1292	1292	defined by applicable law; and
1293	1293	(B) if an individual receives any medical assistance on or after July 1,
1294	1294	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1295	1295	and amendments thereto, which forms the basis for a claim under
1296	1296	paragraph (2), such claim shall apply to the individual's medical assistance
1297	1297	estate. The medical assistance estate is defined as including all real and
1298	1298	personal property and other assets in which the deceased individual had
1299	1299	any legal title or interest immediately before or at the time of death to the
1300	1300	extent of that interest or title. The medical assistance estate includes
1301	1301	without limitation, assets conveyed to a survivor, heir or assign of the
1302	1302	deceased recipient through joint tenancy, tenancy in common,
1303	1303	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1304	1304	trust, annuities or similar arrangement.
1305	1305	(4) The secretary of health and environment or the secretary's
1306	1306	designee is authorized to file and enforce a lien against the real property of
1307	1307	a recipient of medical assistance in certain situations, subject to all prior
1308	1308	liens of record and transfers for value to a bona fide purchaser of record.
1309	1309	The lien must be filed in the office of the register of deeds of the county
1310	1310	where the real property is located within one year from the date of death of
1311	1311	the recipient and must contain the legal description of all real property in
1312	1312	the county subject to the lien.
1313	1313	(A) After the death of a recipient of medical assistance, the secretary
1314	1314	of health and environment or the secretary's designee may place a lien on
1315	1315	any interest in real property owned by such recipient.
1316	1316	(B) The secretary of health and environment or the secretary's
1317	1317	designee may place a lien on any interest in real property owned by a
1318	1318	recipient of medical assistance during the lifetime of such recipient. Such
1319	1319	lien may be filed only after notice and an opportunity for a hearing has
1320	1320	been given. Such lien may be enforced only upon competent medical
1321	1321	testimony that the recipient cannot reasonably be expected to be
1322	1322	discharged and returned home. A six-month period of compensated
1323	1323	inpatient care at a nursing home or other medical institution shall
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1367	1367	constitute a determination by the department of health and environment
1368	1368	that the recipient cannot reasonably be expected to be discharged and
1369	1369	returned home. To return home means the recipient leaves the nursing or
1370	1370	medical facility and resides in the home on which the lien has been placed
1371	1371	for a continuous period of at least 90 days without being readmitted as an
1372	1372	inpatient to a nursing or medical facility. The amount of the lien shall be
1373	1373	for the amount of assistance paid by the department of health and
1374	1374	environment until the time of the filing of the lien and for any amount paid
1375	1375	thereafter for such medical assistance to the recipient. After the lien is filed
1376	1376	against any real property owned by the recipient, such lien will be
1377	1377	dissolved if the recipient is discharged, returns home and resides upon the
1378	1378	real property to which the lien is attached for a continuous period of at
1379	1379	least 90 days without being readmitted as an inpatient to a nursing or
1380	1380	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1381	1381	medical facility for a continuous period of less than 90 days, another
1382	1382	continuous period of at least 90 days shall be completed prior to
1383	1383	dissolution of the lien.
1384	1384	(5) The lien filed by the secretary of health and environment or the
1385	1385	secretary's designee for medical assistance correctly received may be
1386	1386	enforced before or after the death of the recipient by the filing of an action
1387	1387	to foreclose such lien in the Kansas district court or through an estate
1388	1388	probate court action in the county where the real property of the recipient
1389	1389	is located. However, it may be enforced only:
1390	1390	(A) After the death of the surviving spouse of the recipient;
1391	1391	(B) when there is no child of the recipient, natural or adopted, who is
1392	1392	20 years of age or less residing in the home;
1393	1393	(C) when there is no adult child of the recipient, natural or adopted,
1394	1394	who is blind or disabled residing in the home; or
1395	1395	(D) when no brother or sister of the recipient is lawfully residing in
1396	1396	the home, who has resided there for at least one year immediately before
1397	1397	the date of the recipient's admission to the nursing or medical facility, and
1398	1398	has resided there on a continuous basis since that time.
1399	1399	(6) The lien remains on the property even after a transfer of the title
1400	1400	by conveyance, sale, succession, inheritance or will unless one of the
1401	1401	following events occur:
1402	1402	(A) The lien is satisfied. The recipient, the heirs, personal
1403	1403	representative or assigns of the recipient may discharge such lien at any
1404	1404	time by paying the amount of the lien to the secretary of health and
1405	1405	environment or the secretary's designee;
1406	1406	(B) the lien is terminated by foreclosure of prior lien of record or
1407	1407	settlement action taken in lieu of foreclosure; or
1408	1408	(C) the value of the real property is consumed by the lien, at which
1409	1409	time the secretary of health and environment or the secretary's designee
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1453	1453	may force the sale for the real property to satisfy the lien.
1454	1454	(7) If the secretary for aging and disability services or the secretary of
1455	1455	health and environment, or both, or such secretary's designee has not filed
1456	1456	an action to foreclose the lien in the Kansas district court in the county
1457	1457	where the real property is located within 10 years from the date of the
1458	1458	filing of the lien, then the lien shall become dormant, and shall cease to
1459	1459	operate as a lien on the real estate of the recipient. Such dormant lien may
1460	1460	be revived in the same manner as a dormant judgment lien is revived under
1461	1461	K.S.A. 60-2403 et seq., and amendments thereto.
1462	1462	(8) Within seven days of receipt of notice by the secretary for
1463	1463	children and families or the secretary's designee of the death of a recipient
1464	1464	of medical assistance under this subsection, the secretary for children and
1465	1465	families or the secretary's designee shall give notice of such recipient's
1466	1466	death to the secretary of health and environment or the secretary's
1467	1467	designee.
1468	1468	(9) All rules and regulations adopted on and after July 1, 2013, and
1469	1469	prior to July 1, 2014, to implement this subsection shall continue to be
1470	1470	effective and shall be deemed to be duly adopted rules and regulations of
1471	1471	the secretary of health and environment until revised, amended, revoked or
1472	1472	nullified pursuant to law.
1473	1473	(h)(i) Placement under the revised Kansas code for care of children
1474	1474	or revised Kansas juvenile justice code; assignment of support rights and
1475	1475	limited power of attorney. In any case in which the secretary for children
1476	1476	and families pays for the expenses of care and custody of a child pursuant
1477	1477	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1478	1478	including the expenses of any foster care placement, an assignment of all
1479	1479	past, present and future support rights of the child in custody possessed by
1480	1480	either parent or other person entitled to receive support payments for the
1481	1481	child is, by operation of law, conveyed to the secretary. Such assignment
1482	1482	shall become effective upon placement of a child in the custody of the
1483	1483	secretary or upon payment of the expenses of care and custody of a child
1484	1484	by the secretary without the requirement that any document be signed by
1485	1485	the parent or other person entitled to receive support payments for the
1486	1486	child. When the secretary pays for the expenses of care and custody of a
1487	1487	child or a child is placed in the custody of the secretary, the parent or other
1488	1488	person entitled to receive support payments for the child is also deemed to
1489	1489	have appointed the secretary, or the secretary's designee, as attorney in fact
1490	1490	to perform the specific act of negotiating and endorsing all drafts, checks,
1491	1491	money orders or other negotiable instruments representing support
1492	1492	payments received by the secretary on behalf of the child. This limited
1493	1493	power of attorney shall be effective from the date the assignment to
1494	1494	support rights becomes effective and shall remain in effect until the
1495	1495	assignment of support rights has been terminated in full.
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1539	1539	(i)(j) No person who voluntarily quits employment or who is fired
1540	1540	from employment due to gross misconduct as defined by rules and
1541	1541	regulations of the secretary or who is a fugitive from justice by reason of a
1542	1542	felony conviction or charge or violation of a condition of probation or
1543	1543	parole imposed under federal or state law shall be eligible to receive public
1544	1544	assistance benefits in this state. Any recipient of public assistance who
1545	1545	fails to timely comply with monthly reporting requirements under criteria
1546	1546	and guidelines prescribed by rules and regulations of the secretary shall be
1547	1547	subject to a penalty established by the secretary by rules and regulations.
1548	1548	(j)(k) If the applicant or recipient of temporary assistance for needy
1549	1549	families is a mother of the dependent child, as a condition of the mother's
1550	1550	eligibility for temporary assistance for needy families the mother shall
1551	1551	identify by name and, if known, by current address the father of the
1552	1552	dependent child except that the secretary may adopt by rules and
1553	1553	regulations exceptions to this requirement in cases of undue hardship. Any
1554	1554	recipient of temporary assistance for needy families who fails to cooperate
1555	1555	with requirements relating to child support services under criteria and
1556	1556	guidelines prescribed by rules and regulations of the secretary shall be
1557	1557	subject to a penalty established by the secretary.
1558	1558	(k)(l) By applying for or receiving child care subsidy or food
1559	1559	assistance, the applicant or recipient shall be deemed to have assigned,
1560	1560	pursuant to K.S.A. 39-756, and amendments thereto, to the secretary on
1561	1561	behalf of the state only accrued, present or future rights to support from
1562	1562	any other person such applicant may have in such person's own behalf or
1563	1563	in behalf of any other family member for whom the applicant is applying
1564	1564	for or receiving aid. The assignment of support rights shall automatically
1565	1565	become effective upon the date of approval for or receipt of such aid
1566	1566	without the requirement that any document be signed by the applicant or
1567	1567	recipient. By applying for or receiving child care subsidy or food
1568	1568	assistance, the applicant or recipient is also deemed to have appointed the
1569	1569	secretary, or the secretary's designee, as an attorney in fact to perform the
1570	1570	specific act of negotiating and endorsing all drafts, checks, money orders
1571	1571	or other negotiable instruments representing support payments received by
1572	1572	the secretary in behalf of any person applying for, receiving or having
1573	1573	received such assistance. This limited power of attorney shall be effective
1574	1574	from the date the secretary approves the application for aid and shall
1575	1575	remain in effect until the assignment of support rights has been terminated
1576	1576	in full. An applicant or recipient who has assigned support rights to the
1577	1577	secretary pursuant to this subsection shall cooperate in establishing and
1578	1578	enforcing support obligations to the same extent required of applicants for
1579	1579	or recipients of temporary assistance for needy families.
1580	1580	(l)(m) (1) A program of drug screening for applicants for cash
1581	1581	assistance as a condition of eligibility for cash assistance and persons
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1625	1625	receiving cash assistance as a condition of continued receipt of cash
1626	1626	assistance shall be established, subject to applicable federal law, by the
1627	1627	secretary for children and families on and before January 1, 2014. Under
1628	1628	such program of drug screening, the secretary for children and families
1629	1629	shall order a drug screening of an applicant for or a recipient of cash
1630	1630	assistance at any time when reasonable suspicion exists that such applicant
1631	1631	for or recipient of cash assistance is unlawfully using a controlled
1632	1632	substance or controlled substance analog. The secretary for children and
1633	1633	families may use any information obtained by the secretary for children
1634	1634	and families to determine whether such reasonable suspicion exists,
1635	1635	including, but not limited to, an applicant's or recipient's demeanor, missed
1636	1636	appointments and arrest or other police records, previous employment or
1637	1637	application for employment in an occupation or industry that regularly
1638	1638	conducts drug screening, termination from previous employment due to
1639	1639	unlawful use of a controlled substance or controlled substance analog or
1640	1640	prior drug screening records of the applicant or recipient indicating
1641	1641	unlawful use of a controlled substance or controlled substance analog.
1642	1642	(2) Any applicant for or recipient of cash assistance whose drug
1643	1643	screening results in a positive test may request that the drug screening
1644	1644	specimen be sent to a different drug testing facility for an additional drug
1645	1645	screening. Any applicant for or recipient of cash assistance who requests
1646	1646	an additional drug screening at a different drug testing facility shall be
1647	1647	required to pay the cost of drug screening. Such applicant or recipient who
1648	1648	took the additional drug screening and who tested negative for unlawful
1649	1649	use of a controlled substance and controlled substance analog shall be
1650	1650	reimbursed for the cost of such additional drug screening.
1651	1651	(3) Any applicant for or recipient of cash assistance who tests
1652	1652	positive for unlawful use of a controlled substance or controlled substance
1653	1653	analog shall be required to complete a substance abuse treatment program
1654	1654	approved by the secretary for children and families, secretary of labor or
1655	1655	secretary of commerce, and a job skills program approved by the secretary
1656	1656	for children and families, secretary of labor or secretary of commerce.
1657	1657	Subject to applicable federal laws, any applicant for or recipient of cash
1658	1658	assistance who fails to complete or refuses to participate in the substance
1659	1659	abuse treatment program or job skills program as required under this
1660	1660	subsection shall be ineligible to receive cash assistance until completion of
1661	1661	such substance abuse treatment and job skills programs. Upon completion
1662	1662	of both substance abuse treatment and job skills programs, such applicant
1663	1663	for or recipient of cash assistance may be subject to periodic drug
1664	1664	screening, as determined by the secretary for children and families. Upon a
1665	1665	second positive test for unlawful use of a controlled substance or
1666	1666	controlled substance analog, a recipient of cash assistance shall be ordered
1667	1667	to complete again a substance abuse treatment program and job skills
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1711	1711	program, and shall be terminated from cash assistance for a period of 12
1712	1712	months, or until such recipient of cash assistance completes both substance
1713	1713	abuse treatment and job skills programs, whichever is later. Upon a third
1714	1714	positive test for unlawful use of a controlled substance or controlled
1715	1715	substance analog, a recipient of cash assistance shall be terminated from
1716	1716	cash assistance, subject to applicable federal law.
1717	1717	(4) If an applicant for or recipient of cash assistance is ineligible for
1718	1718	or terminated from cash assistance as a result of a positive test for
1719	1719	unlawful use of a controlled substance or controlled substance analog, and
1720	1720	such applicant for or recipient of cash assistance is the parent or legal
1721	1721	guardian of a minor child, an appropriate protective payee shall be
1722	1722	designated to receive cash assistance on behalf of such child. Such parent
1723	1723	or legal guardian of the minor child may choose to designate an individual
1724	1724	to receive cash assistance for such parent's or legal guardian's minor child,
1725	1725	as approved by the secretary for children and families. Prior to the
1726	1726	designated individual receiving any cash assistance, the secretary for
1727	1727	children and families shall review whether reasonable suspicion exists that
1728	1728	such designated individual is unlawfully using a controlled substance or
1729	1729	controlled substance analog.
1730	1730	(A) In addition, any individual designated to receive cash assistance
1731	1731	on behalf of an eligible minor child shall be subject to drug screening at
1732	1732	any time when reasonable suspicion exists that such designated individual
1733	1733	is unlawfully using a controlled substance or controlled substance analog.
1734	1734	The secretary for children and families may use any information obtained
1735	1735	by the secretary for children and families to determine whether such
1736	1736	reasonable suspicion exists, including, but not limited to, the designated
1737	1737	individual's demeanor, missed appointments and arrest or other police
1738	1738	records, previous employment or application for employment in an
1739	1739	occupation or industry that regularly conducts drug screening, termination
1740	1740	from previous employment due to unlawful use of a controlled substance
1741	1741	or controlled substance analog or prior drug screening records of the
1742	1742	designated individual indicating unlawful use of a controlled substance or
1743	1743	controlled substance analog.
1744	1744	(B) Any designated individual whose drug screening results in a
1745	1745	positive test may request that the drug screening specimen be sent to a
1746	1746	different drug testing facility for an additional drug screening. Any
1747	1747	designated individual who requests an additional drug screening at a
1748	1748	different drug testing facility shall be required to pay the cost of drug
1749	1749	screening. Such designated individual who took the additional drug
1750	1750	screening and who tested negative for unlawful use of a controlled
1751	1751	substance and controlled substance analog shall be reimbursed for the cost
1752	1752	of such additional drug screening.
1753	1753	(C) Upon any positive test for unlawful use of a controlled substance
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1797	1797	or controlled substance analog, the designated individual shall not receive
1798	1798	cash assistance on behalf of the parent's or legal guardian's minor child,
1799	1799	and another designated individual shall be selected by the secretary for
1800	1800	children and families to receive cash assistance on behalf of such parent's
1801	1801	or legal guardian's minor child.
1802	1802	(5) If a person has been convicted under federal or state law of any
1803	1803	offense that is classified as a felony by the law of the jurisdiction and has
1804	1804	as an element of such offense the manufacture, cultivation, distribution,
1805	1805	possession or use of a controlled substance or controlled substance analog,
1806	1806	and the date of conviction is on or after July 1, 2013, such person shall
1807	1807	thereby become forever ineligible to receive any cash assistance under this
1808	1808	subsection unless such conviction is the person's first conviction. First-
1809	1809	time offenders convicted under federal or state law of any offense that is
1810	1810	classified as a felony by the law of the jurisdiction and has as an element
1811	1811	of such offense the manufacture, cultivation, distribution, possession or
1812	1812	use of a controlled substance or controlled substance analog, and the date
1813	1813	of conviction is on or after July 1, 2013, such person shall become
1814	1814	ineligible to receive cash assistance for five years from the date of
1815	1815	conviction.
1816	1816	(6) Except for hearings before the Kansas department for children
1817	1817	and families, the results of any drug screening administered as part of the
1818	1818	drug screening program authorized by this subsection shall be confidential
1819	1819	and shall not be disclosed publicly.
1820	1820	(7) The secretary for children and families may adopt such rules and
1821	1821	regulations as are necessary to carry out the provisions of this subsection.
1822	1822	(8) Any authority granted to the secretary for children and families
1823	1823	under this subsection shall be in addition to any other penalties prescribed
1824	1824	by law.
1825	1825	(9) As used in this subsection:
1826	1826	(A) "Cash assistance" means cash assistance provided to individuals
1827	1827	under the provisions of article 7 of chapter 39 of the Kansas Statutes
1828	1828	Annotated, and amendments thereto, and any rules and regulations adopted
1829	1829	pursuant to such provisions.
1830	1830	(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
1831	1831	amendments thereto, and 21 U.S.C. § 802.
1832	1832	(C) "Controlled substance analog" means the same as in K.S.A. 21-
1833	1833	5701, and amendments thereto.
1834	1834	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
1835	1835	Sec. 3. This act shall take effect and be in force from and after its
1836	1836	publication in the statute book.
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