Kansas 2025-2026 Regular Session

Kansas Senate Bill SB264 Compare Versions

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Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 264
3	3	By Committee on Ways and Means
4	4	2-11
5	5	AN ACT concerning public assistance; relating to the secretary for
6	6	children and families; removing noncooperation with child support
7	7	from disqualifications for
8	8	child care subsidies; amending K.S.A. 2024 Supp. 39-709 and
9	9	repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
12	12	follows: 39-709. (a) General eligibility requirements for assistance for
13	13	which federal moneys are expended. Subject to the additional requirements
14	14	below, assistance in accordance with plans under which federal moneys
15	15	are expended may be granted to any needy person who:
16	16	(1) Has insufficient income or resources to provide a reasonable
17	17	subsistence compatible with decency and health. Where a husband and
18	18	wife or cohabiting partners are living together, the combined income or
19	19	resources of both shall be considered in determining the eligibility of
20	20	either or both for such assistance unless otherwise prohibited by law. The
21	21	secretary, in determining need of any applicant for or recipient of
22	22	assistance shall not take into account the financial responsibility of any
23	23	individual for any applicant or recipient of assistance unless such applicant
24	24	or recipient is such individual's spouse, cohabiting partner or such
25	25	individual's minor child or minor stepchild if the stepchild is living with
26	26	such individual. The secretary in determining need of an individual may
27	27	provide such income and resource exemptions as may be permitted by
28	28	federal law. For purposes of eligibility for temporary assistance for needy
29	29	families, for food assistance and for any other assistance provided through
30	30	the Kansas department for children and families under which federal
31	31	moneys are expended, the secretary for children and families shall
32	32	consider one motor vehicle owned by the applicant for assistance,
33	33	regardless of the value of such vehicle, as exempt personal property and
34	34	shall consider any equity in any boat, personal water craft, recreational
35	35	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
36	36	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
37	37	owned by the applicant for assistance to be a nonexempt resource of the
38	38	applicant for assistance except that any additional motor vehicle used by
39	39	the applicant, the applicant's spouse or the applicant's cohabiting partner
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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
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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	relative/non-relative caretakers and adults receiving supplemental security
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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	experience sites, on-the-job training, supervised community service,
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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	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
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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)(A) First penalty, three months and cooperation with child support
355	355	services prior to regaining eligibility;
356	356	(ii)(B) second penalty, six months and cooperation with child support
357	357	services prior to regaining eligibility;
358	358	(iii)(C) third penalty, one year and cooperation with child support
359	359	services prior to regaining eligibility; and
360	360	(iv)(D) 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	subsidy.
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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	(ii) An individual's failure to submit to testing or failure to
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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	fourth such request in a 12-month period, send a notice alerting the
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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	parent shall meet another approvable criteria for child care subsidy.
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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;
707	707	(ii) work registrants aged 50 through 59 without dependents not
708	708	exempt from 7 U.S.C. § 2015(d)(2); and
709	709	(iii) individuals who are not employed at least 30 hours per week.
710	710	(18) Eligibility for the food assistance program shall be limited to
711	711	those individuals who are citizens or who meet qualified non-citizen status
712	712	as determined by United States department of agriculture. Non-citizen
713	713	individuals who are unable or unwilling to provide qualifying immigrant
714	714	documentation, as defined by the United States department of agriculture,
715	715	residing within a household shall not be included when determining the
716	716	household's size for the purposes of assigning a benefit level to the
717	717	household for food assistance or comparing the household's monthly
718	718	income with the income eligibility standards. The gross non-exempt
719	719	earned and unearned income and resources of disqualified individuals shall
720	720	be counted in its entirety as available to the remaining household
721	721	members.
722	722	(19) The secretary for children and families shall not enact the state
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766	766	option from the United States department of agriculture for broad-based
767	767	categorical eligibility for households applying for food assistance
768	768	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
769	769	(20) No federal or state funds shall be used for television, radio or
770	770	billboard advertisements that are designed to promote food assistance
771	771	benefits and enrollment. No federal or state funding shall be used for any
772	772	agreements with foreign governments designed to promote food
773	773	assistance.
774	774	(21) (A) The secretary for children and families shall not apply gross
775	775	income standards for food assistance higher than the standards specified in
776	776	7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical
777	777	eligibility exempting households from such gross income standards
778	778	requirements shall not be granted for any non-cash, in-kind or other
779	779	benefit unless expressly required by federal law.
780	780	(B) The secretary for children and families shall not apply resource
781	781	limits standards for food assistance that are higher than the standards
782	782	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
783	783	law. Categorical eligibility exempting households from such resource
784	784	limits shall not be granted for any non-cash, in-kind or other benefit unless
785	785	expressly required by federal law.
786	786	(c) (1) The Kansas department for children and families shall conduct
787	787	an electronic check for any false information provided on an application
788	788	for TANF and other benefits programs administered by the department.
789	789	For TANF cash assistance, food assistance and the child care subsidy
790	790	program, the department shall verify the identity of all adults in the
791	791	assistance household.
792	792	(2) The department of administration shall provide monthly to the
793	793	Kansas department for children and families the social security numbers or
794	794	alternate taxpayer identification numbers of all persons who claim a
795	795	Kansas lottery prize in excess of $5,000 during the reported month. The
796	796	Kansas department for children and families shall verify if individuals
797	797	with such winnings are receiving TANF cash assistance, food assistance or
798	798	assistance under the child care subsidy program and take appropriate
799	799	action. The Kansas department for children and families shall use data
800	800	received under this subsection solely, and for no other purpose, to
801	801	determine if any recipient's eligibility for benefits has been affected by
802	802	lottery prize winnings. The Kansas department for children and families
803	803	shall not publicly disclose the identity of any lottery prize winner,
804	804	including recipients who are determined to have illegally received
805	805	benefits.
806	806	(d) Temporary assistance for needy families; assignment of support
807	807	rights and limited power of attorney. By applying for or receiving
808	808	temporary assistance for needy families such applicant or recipient shall be
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852	852	deemed to have assigned to the secretary on behalf of the state any
853	853	accrued, present or future rights to support from any other person such
854	854	applicant may have in such person's own behalf or in behalf of any other
855	855	family member for whom the applicant is applying for or receiving aid. In
856	856	any case in which an order for child support has been established and the
857	857	legal custodian and obligee under the order surrenders physical custody of
858	858	the child to a caretaker relative without obtaining a modification of legal
859	859	custody and support rights on behalf of the child are assigned pursuant to
860	860	this section, the surrender of physical custody and the assignment shall
861	861	transfer, by operation of law, the child's support rights under the order to
862	862	the secretary on behalf of the state. Such assignment shall be of all
863	863	accrued, present or future rights to support of the child surrendered to the
864	864	caretaker relative. The assignment of support rights shall automatically
865	865	become effective upon the date of approval for or receipt of such aid
866	866	without the requirement that any document be signed by the applicant,
867	867	recipient or obligee. By applying for or receiving temporary assistance for
868	868	needy families, or by surrendering physical custody of a child to a
869	869	caretaker relative who is an applicant or recipient of such assistance on the
870	870	child's behalf, the applicant, recipient or obligee is also deemed to have
871	871	appointed the secretary, or the secretary's designee, as an attorney-in-fact
872	872	to perform the specific act of negotiating and endorsing all drafts, checks,
873	873	money orders or other negotiable instruments representing support
874	874	payments received by the secretary in behalf of any person applying for,
875	875	receiving or having received such assistance. This limited power of
876	876	attorney shall be effective from the date the secretary approves the
877	877	application for aid and shall remain in effect until the assignment of
878	878	support rights has been terminated in full.
879	879	(e) Requirements for medical assistance for which federal moneys or
880	880	state moneys or both are expended. (1) When the secretary has adopted a
881	881	medical care plan under which federal moneys or state moneys or both are
882	882	expended, medical assistance in accordance with such plan shall be
883	883	granted to any person who is a citizen of the United States or who is an
884	884	alien lawfully admitted to the United States and who is residing in the state
885	885	of Kansas, whose resources and income do not exceed the levels
886	886	prescribed by the secretary. In determining the need of an individual, the
887	887	secretary may provide for income and resource exemptions and protected
888	888	income and resource levels. Resources from inheritance shall be counted.
889	889	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
890	890	amendments thereto, shall constitute a transfer of resources. The secretary
891	891	shall exempt principal and interest held in irrevocable trust pursuant to
892	892	K.S.A. 16-303(c), and amendments thereto, from the eligibility
893	893	requirements of applicants for and recipients of medical assistance. Such
894	894	assistance shall be known as medical assistance.
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938	938	(2) For the purposes of medical assistance eligibility determinations
939	939	on or after July 1, 2004, if an applicant or recipient owns property in joint
940	940	tenancy with some other party and the applicant or recipient of medical
941	941	assistance has restricted or conditioned their interest in such property to a
942	942	specific and discrete property interest less than 100%, then such
943	943	designation will cause the full value of the property to be considered an
944	944	available resource to the applicant or recipient. Medical assistance
945	945	eligibility for receipt of benefits under the title XIX of the social security
946	946	act, commonly known as medicaid, shall not be expanded, as provided for
947	947	in the patient protection and affordable care act, public law 111-148, 124
948	948	stat. 119, and the health care and education reconciliation act of 2010,
949	949	public law 111-152, 124 stat. 1029, unless the legislature expressly
950	950	consents to, and approves of, the expansion of medicaid services by an act
951	951	of the legislature.
952	952	(3) (A) Resources from trusts shall be considered when determining
953	953	eligibility of a trust beneficiary for medical assistance. Medical assistance
954	954	is to be secondary to all resources, including trusts, that may be available
955	955	to an applicant or recipient of medical assistance.
956	956	(B) If a trust has discretionary language, the trust shall be considered
957	957	to be an available resource to the extent, using the full extent of discretion,
958	958	the trustee may make any of the income or principal available to the
959	959	applicant or recipient of medical assistance. Any such discretionary trust
960	960	shall be considered an available resource unless:
961	961	(i) At the time of creation or amendment of the trust, the trust states a
962	962	clear intent that the trust is supplemental to public assistance; and
963	963	(ii) the trust is funded:
964	964	(a) From resources of a person who, at the time of such funding,
965	965	owed no duty of support to the applicant or recipient of medical assistance;
966	966	or
967	967	(b) not more than nominally from resources of a person while that
968	968	person owed a duty of support to the applicant or recipient of medical
969	969	assistance.
970	970	(C) For the purposes of this paragraph, "public assistance" includes,
971	971	but is not limited to, medicaid, medical assistance or title XIX of the social
972	972	security act.
973	973	(4) (A) When an applicant or recipient of medical assistance is a party
974	974	to a contract, agreement or accord for personal services being provided by
975	975	a nonlicensed individual or provider and such contract, agreement or
976	976	accord involves health and welfare monitoring, pharmacy assistance, case
977	977	management, communication with medical, health or other professionals,
978	978	or other activities related to home health care, long term care, medical
979	979	assistance benefits, or other related issues, any moneys paid under such
980	980	contract, agreement or accord shall be considered to be an available
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1024	1024	resource unless the following restrictions are met:
1025	1025	(i) The contract, agreement or accord must be in writing and executed
1026	1026	prior to any services being provided;
1027	1027	(ii) the moneys paid are in direct relationship with the fair market
1028	1028	value of such services being provided by similarly situated and trained
1029	1029	nonlicensed individuals;
1030	1030	(iii) if no similarly situated nonlicensed individuals or situations can
1031	1031	be found, the value of services will be based on federal hourly minimum
1032	1032	wage standards;
1033	1033	(iv) such individual providing the services shall report all receipts of
1034	1034	moneys as income to the appropriate state and federal governmental
1035	1035	revenue agencies;
1036	1036	(v) any amounts due under such contract, agreement or accord shall
1037	1037	be paid after the services are rendered;
1038	1038	(vi) the applicant or recipient shall have the power to revoke the
1039	1039	contract, agreement or accord; and
1040	1040	(vii) upon the death of the applicant or recipient, the contract,
1041	1041	agreement or accord ceases.
1042	1042	(B) When an applicant or recipient of medical assistance is a party to
1043	1043	a written contract for personal services being provided by a licensed health
1044	1044	professional or facility and such contract involves health and welfare
1045	1045	monitoring, pharmacy assistance, case management, communication with
1046	1046	medical, health or other professionals, or other activities related to home
1047	1047	health care, long term care, medical assistance benefits or other related
1048	1048	issues, any moneys paid in advance of receipt of services for such
1049	1049	contracts shall be considered to be an available resource.
1050	1050	(5) Any trust may be amended if such amendment is permitted by the
1051	1051	Kansas uniform trust code.
1052	1052	(f) Eligibility for medical assistance of resident receiving medical
1053	1053	care outside state. A person who is receiving medical care including long-
1054	1054	term care outside of Kansas whose health would be endangered by the
1055	1055	postponement of medical care until return to the state or by travel to return
1056	1056	to Kansas, may be determined eligible for medical assistance if such
1057	1057	individual is a resident of Kansas and all other eligibility factors are met.
1058	1058	Persons who are receiving medical care on an ongoing basis in a long-term
1059	1059	medical care facility in a state other than Kansas and who do not return to
1060	1060	a care facility in Kansas when they are able to do so, shall no longer be
1061	1061	eligible to receive assistance in Kansas unless such medical care is not
1062	1062	available in a comparable facility or program providing such medical care
1063	1063	in Kansas. For persons who are minors or who are under guardianship, the
1064	1064	actions of the parent or guardian shall be deemed to be the actions of the
1065	1065	child or ward in determining whether or not the person is remaining
1066	1066	outside the state voluntarily.
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1109	1109	43 SB 264 14
1110	1110	(g) Medical assistance; assignment of rights to medical support and
1111	1111	limited power of attorney; recovery from estates of deceased recipients. (1)
1112	1112	(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
1113	1113	amendments thereto, or as otherwise authorized on and after September
1114	1114	30, 1989, under section 303 of the federal medicare catastrophic coverage
1115	1115	act of 1988, whichever is applicable, by applying for or receiving medical
1116	1116	assistance under a medical care plan in which federal funds are expended,
1117	1117	any accrued, present or future rights to support and any rights to payment
1118	1118	for medical care from a third party of an applicant or recipient and any
1119	1119	other family member for whom the applicant is applying shall be deemed
1120	1120	to have been assigned to the secretary on behalf of the state. The
1121	1121	assignment shall automatically become effective upon the date of approval
1122	1122	for such assistance without the requirement that any document be signed
1123	1123	by the applicant or recipient. By applying for or receiving medical
1124	1124	assistance the applicant or recipient is also deemed to have appointed the
1125	1125	secretary, or the secretary's designee, as an attorney-in-fact to perform the
1126	1126	specific act of negotiating and endorsing all drafts, checks, money orders
1127	1127	or other negotiable instruments, representing payments received by the
1128	1128	secretary in on behalf of any person applying for, receiving or having
1129	1129	received such assistance. This limited power of attorney shall be effective
1130	1130	from the date the secretary approves the application for assistance and
1131	1131	shall remain in effect until the assignment has been terminated in full. The
1132	1132	assignment of any rights to payment for medical care from a third party
1133	1133	under this subsection shall not prohibit a health care provider from directly
1134	1134	billing an insurance carrier for services rendered if the provider has not
1135	1135	submitted a claim covering such services to the secretary for payment.
1136	1136	Support amounts collected on behalf of persons whose rights to support
1137	1137	are assigned to the secretary only under this subsection and no other shall
1138	1138	be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
1139	1139	except that any amounts designated as medical support shall be retained by
1140	1140	the secretary for repayment of the unreimbursed portion of assistance.
1141	1141	Amounts collected pursuant to the assignment of rights to payment for
1142	1142	medical care from a third party shall also be retained by the secretary for
1143	1143	repayment of the unreimbursed portion of assistance.
1144	1144	(B) Notwithstanding the provisions of subparagraph (A), the
1145	1145	secretary of health and environment, or the secretary's designee, is hereby
1146	1146	authorized to and shall exercise any of the powers specified in
1147	1147	subparagraph (A) in relation to performance of such secretary's duties
1148	1148	pertaining to medical subrogation, estate recovery or any other duties
1149	1149	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1150	1150	Annotated, and amendments thereto.
1151	1151	(2) The amount of any medical assistance paid after June 30, 1992,
1152	1152	under the provisions of subsection (e) is a claim against the property or
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1195	1195	43 SB 264 15
1196	1196	any interest therein belonging to and a part of the estate of any deceased
1197	1197	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1198	1198	shall be charged for such medical assistance paid to either or both and a
1199	1199	claim against any funds of such recipient or spouse in any account under
1200	1200	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1201	1201	be no recovery of medical assistance correctly paid to or on behalf of an
1202	1202	individual under subsection (e) except after the death of the surviving
1203	1203	spouse of the individual, if any, and only at a time when the individual has
1204	1204	no surviving child who is under 21 years of age or is blind or permanently
1205	1205	and totally disabled. Transfers of real or personal property by recipients of
1206	1206	medical assistance without adequate consideration are voidable and may
1207	1207	be set aside. Except where there is a surviving spouse, or a surviving child
1208	1208	who is under 21 years of age or is blind or permanently and totally
1209	1209	disabled, the amount of any medical assistance paid under subsection (e) is
1210	1210	a claim against the estate in any guardianship or conservatorship
1211	1211	proceeding. The monetary value of any benefits received by the recipient
1212	1212	of such medical assistance under long-term care insurance, as defined by
1213	1213	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1214	1214	amount of the claim provided for such medical assistance under this
1215	1215	subsection. The secretary of health and environment is authorized to
1216	1216	enforce each claim provided for under this subsection. The secretary of
1217	1217	health and environment shall not be required to pursue every claim, but is
1218	1218	granted discretion to determine which claims to pursue. All moneys
1219	1219	received by the secretary of health and environment from claims under this
1220	1220	subsection shall be deposited in the social welfare fund. The secretary of
1221	1221	health and environment may adopt rules and regulations for the
1222	1222	implementation and administration of the medical assistance recovery
1223	1223	program under this subsection.
1224	1224	(3) By applying for or receiving medical assistance under the
1225	1225	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1226	1226	amendments thereto, such individual or such individual's agent, fiduciary,
1227	1227	guardian, conservator, representative payee or other person acting on
1228	1228	behalf of the individual consents to the following definitions of estate and
1229	1229	the results therefrom:
1230	1230	(A) If an individual receives any medical assistance before July 1,
1231	1231	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1232	1232	and amendments thereto, which forms the basis for a claim under
1233	1233	paragraph (2), such claim is limited to the individual's probatable estate as
1234	1234	defined by applicable law; and
1235	1235	(B) if an individual receives any medical assistance on or after July 1,
1236	1236	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1237	1237	and amendments thereto, which forms the basis for a claim under
1238	1238	paragraph (2), such claim shall apply to the individual's medical assistance
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1282	1282	estate. The medical assistance estate is defined as including all real and
1283	1283	personal property and other assets in which the deceased individual had
1284	1284	any legal title or interest immediately before or at the time of death to the
1285	1285	extent of that interest or title. The medical assistance estate includes
1286	1286	without limitation, assets conveyed to a survivor, heir or assign of the
1287	1287	deceased recipient through joint tenancy, tenancy in common,
1288	1288	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1289	1289	trust, annuities or similar arrangement.
1290	1290	(4) The secretary of health and environment or the secretary's
1291	1291	designee is authorized to file and enforce a lien against the real property of
1292	1292	a recipient of medical assistance in certain situations, subject to all prior
1293	1293	liens of record and transfers for value to a bona fide purchaser of record.
1294	1294	The lien must be filed in the office of the register of deeds of the county
1295	1295	where the real property is located within one year from the date of death of
1296	1296	the recipient and must contain the legal description of all real property in
1297	1297	the county subject to the lien.
1298	1298	(A) After the death of a recipient of medical assistance, the secretary
1299	1299	of health and environment or the secretary's designee may place a lien on
1300	1300	any interest in real property owned by such recipient.
1301	1301	(B) The secretary of health and environment or the secretary's
1302	1302	designee may place a lien on any interest in real property owned by a
1303	1303	recipient of medical assistance during the lifetime of such recipient. Such
1304	1304	lien may be filed only after notice and an opportunity for a hearing has
1305	1305	been given. Such lien may be enforced only upon competent medical
1306	1306	testimony that the recipient cannot reasonably be expected to be
1307	1307	discharged and returned home. A six-month period of compensated
1308	1308	inpatient care at a nursing home or other medical institution shall
1309	1309	constitute a determination by the department of health and environment
1310	1310	that the recipient cannot reasonably be expected to be discharged and
1311	1311	returned home. To return home means the recipient leaves the nursing or
1312	1312	medical facility and resides in the home on which the lien has been placed
1313	1313	for a continuous period of at least 90 days without being readmitted as an
1314	1314	inpatient to a nursing or medical facility. The amount of the lien shall be
1315	1315	for the amount of assistance paid by the department of health and
1316	1316	environment until the time of the filing of the lien and for any amount paid
1317	1317	thereafter for such medical assistance to the recipient. After the lien is filed
1318	1318	against any real property owned by the recipient, such lien will be
1319	1319	dissolved if the recipient is discharged, returns home and resides upon the
1320	1320	real property to which the lien is attached for a continuous period of at
1321	1321	least 90 days without being readmitted as an inpatient to a nursing or
1322	1322	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1323	1323	medical facility for a continuous period of less than 90 days, another
1324	1324	continuous period of at least 90 days shall be completed prior to
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1368	1368	dissolution of the lien.
1369	1369	(5) The lien filed by the secretary of health and environment or the
1370	1370	secretary's designee for medical assistance correctly received may be
1371	1371	enforced before or after the death of the recipient by the filing of an action
1372	1372	to foreclose such lien in the Kansas district court or through an estate
1373	1373	probate court action in the county where the real property of the recipient
1374	1374	is located. However, it may be enforced only:
1375	1375	(A) After the death of the surviving spouse of the recipient;
1376	1376	(B) when there is no child of the recipient, natural or adopted, who is
1377	1377	20 years of age or less residing in the home;
1378	1378	(C) when there is no adult child of the recipient, natural or adopted,
1379	1379	who is blind or disabled residing in the home; or
1380	1380	(D) when no brother or sister of the recipient is lawfully residing in
1381	1381	the home, who has resided there for at least one year immediately before
1382	1382	the date of the recipient's admission to the nursing or medical facility, and
1383	1383	has resided there on a continuous basis since that time.
1384	1384	(6) The lien remains on the property even after a transfer of the title
1385	1385	by conveyance, sale, succession, inheritance or will unless one of the
1386	1386	following events occur:
1387	1387	(A) The lien is satisfied. The recipient, the heirs, personal
1388	1388	representative or assigns of the recipient may discharge such lien at any
1389	1389	time by paying the amount of the lien to the secretary of health and
1390	1390	environment or the secretary's designee;
1391	1391	(B) the lien is terminated by foreclosure of prior lien of record or
1392	1392	settlement action taken in lieu of foreclosure; or
1393	1393	(C) the value of the real property is consumed by the lien, at which
1394	1394	time the secretary of health and environment or the secretary's designee
1395	1395	may force the sale for the real property to satisfy the lien.
1396	1396	(7) If the secretary for aging and disability services or the secretary of
1397	1397	health and environment, or both, or such secretary's designee has not filed
1398	1398	an action to foreclose the lien in the Kansas district court in the county
1399	1399	where the real property is located within 10 years from the date of the
1400	1400	filing of the lien, then the lien shall become dormant, and shall cease to
1401	1401	operate as a lien on the real estate of the recipient. Such dormant lien may
1402	1402	be revived in the same manner as a dormant judgment lien is revived under
1403	1403	K.S.A. 60-2403 et seq., and amendments thereto.
1404	1404	(8) Within seven days of receipt of notice by the secretary for
1405	1405	children and families or the secretary's designee of the death of a recipient
1406	1406	of medical assistance under this subsection, the secretary for children and
1407	1407	families or the secretary's designee shall give notice of such recipient's
1408	1408	death to the secretary of health and environment or the secretary's
1409	1409	designee.
1410	1410	(9) All rules and regulations adopted on and after July 1, 2013, and
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1454	1454	prior to July 1, 2014, to implement this subsection shall continue to be
1455	1455	effective and shall be deemed to be duly adopted rules and regulations of
1456	1456	the secretary of health and environment until revised, amended, revoked or
1457	1457	nullified pursuant to law.
1458	1458	(h) Placement under the revised Kansas code for care of children or
1459	1459	revised Kansas juvenile justice code; assignment of support rights and
1460	1460	limited power of attorney. In any case in which the secretary for children
1461	1461	and families pays for the expenses of care and custody of a child pursuant
1462	1462	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1463	1463	including the expenses of any foster care placement, an assignment of all
1464	1464	past, present and future support rights of the child in custody possessed by
1465	1465	either parent or other person entitled to receive support payments for the
1466	1466	child is, by operation of law, conveyed to the secretary. Such assignment
1467	1467	shall become effective upon placement of a child in the custody of the
1468	1468	secretary or upon payment of the expenses of care and custody of a child
1469	1469	by the secretary without the requirement that any document be signed by
1470	1470	the parent or other person entitled to receive support payments for the
1471	1471	child. When the secretary pays for the expenses of care and custody of a
1472	1472	child or a child is placed in the custody of the secretary, the parent or other
1473	1473	person entitled to receive support payments for the child is also deemed to
1474	1474	have appointed the secretary, or the secretary's designee, as attorney in fact
1475	1475	to perform the specific act of negotiating and endorsing all drafts, checks,
1476	1476	money orders or other negotiable instruments representing support
1477	1477	payments received by the secretary on behalf of the child. This limited
1478	1478	power of attorney shall be effective from the date the assignment to
1479	1479	support rights becomes effective and shall remain in effect until the
1480	1480	assignment of support rights has been terminated in full.
1481	1481	(i) No person who voluntarily quits employment or who is fired from
1482	1482	employment due to gross misconduct as defined by rules and regulations
1483	1483	of the secretary or who is a fugitive from justice by reason of a felony
1484	1484	conviction or charge or violation of a condition of probation or parole
1485	1485	imposed under federal or state law shall be eligible to receive public
1486	1486	assistance benefits in this state. Any recipient of public assistance who
1487	1487	fails to timely comply with monthly reporting requirements under criteria
1488	1488	and guidelines prescribed by rules and regulations of the secretary shall be
1489	1489	subject to a penalty established by the secretary by rules and regulations.
1490	1490	(j) If the applicant or recipient of temporary assistance for needy
1491	1491	families is a mother of the dependent child, as a condition of the mother's
1492	1492	eligibility for temporary assistance for needy families the mother shall
1493	1493	identify by name and, if known, by current address the father of the
1494	1494	dependent child except that the secretary may adopt by rules and
1495	1495	regulations exceptions to this requirement in cases of undue hardship. Any
1496	1496	recipient of temporary assistance for needy families who fails to cooperate
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1539	1539	43 SB 264 19
1540	1540	with requirements relating to child support services under criteria and
1541	1541	guidelines prescribed by rules and regulations of the secretary shall be
1542	1542	subject to a penalty established by the secretary.
1543	1543	(k) By applying for or receiving child care subsidy or food assistance,
1544	1544	the applicant or recipient shall be deemed to have assigned, pursuant to
1545	1545	K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
1546	1546	state only accrued, present or future rights to support from any other
1547	1547	person such applicant may have in such person's own behalf or in behalf of
1548	1548	any other family member for whom the applicant is applying for or
1549	1549	receiving aid. The assignment of support rights shall automatically become
1550	1550	effective upon the date of approval for or receipt of such aid without the
1551	1551	requirement that any document be signed by the applicant or recipient. By
1552	1552	applying for or receiving child care subsidy or food assistance, the
1553	1553	applicant or recipient is also deemed to have appointed the secretary, or the
1554	1554	secretary's designee, as an attorney in fact to perform the specific act of
1555	1555	negotiating and endorsing all drafts, checks, money orders or other
1556	1556	negotiable instruments representing support payments received by the
1557	1557	secretary in behalf of any person applying for, receiving or having
1558	1558	received such assistance. This limited power of attorney shall be effective
1559	1559	from the date the secretary approves the application for aid and shall
1560	1560	remain in effect until the assignment of support rights has been terminated
1561	1561	in full. An applicant or recipient who has assigned support rights to the
1562	1562	secretary pursuant to this subsection shall cooperate in establishing and
1563	1563	enforcing support obligations to the same extent required of applicants for
1564	1564	or recipients of temporary assistance for needy families.
1565	1565	(l) (1) A program of drug screening for applicants for cash assistance
1566	1566	as a condition of eligibility for cash assistance and persons receiving cash
1567	1567	assistance as a condition of continued receipt of cash assistance shall be
1568	1568	established, subject to applicable federal law, by the secretary for children
1569	1569	and families on and before January 1, 2014. Under such program of drug
1570	1570	screening, the secretary for children and families shall order a drug
1571	1571	screening of an applicant for or a recipient of cash assistance at any time
1572	1572	when reasonable suspicion exists that such applicant for or recipient of
1573	1573	cash assistance is unlawfully using a controlled substance or controlled
1574	1574	substance analog. The secretary for children and families may use any
1575	1575	information obtained by the secretary for children and families to
1576	1576	determine whether such reasonable suspicion exists, including, but not
1577	1577	limited to, an applicant's or recipient's demeanor, missed appointments and
1578	1578	arrest or other police records, previous employment or application for
1579	1579	employment in an occupation or industry that regularly conducts drug
1580	1580	screening, termination from previous employment due to unlawful use of a
1581	1581	controlled substance or controlled substance analog or prior drug screening
1582	1582	records of the applicant or recipient indicating unlawful use of a controlled
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1626	1626	substance or controlled substance analog.
1627	1627	(2) Any applicant for or recipient of cash assistance whose drug
1628	1628	screening results in a positive test may request that the drug screening
1629	1629	specimen be sent to a different drug testing facility for an additional drug
1630	1630	screening. Any applicant for or recipient of cash assistance who requests
1631	1631	an additional drug screening at a different drug testing facility shall be
1632	1632	required to pay the cost of drug screening. Such applicant or recipient who
1633	1633	took the additional drug screening and who tested negative for unlawful
1634	1634	use of a controlled substance and controlled substance analog shall be
1635	1635	reimbursed for the cost of such additional drug screening.
1636	1636	(3) Any applicant for or recipient of cash assistance who tests
1637	1637	positive for unlawful use of a controlled substance or controlled substance
1638	1638	analog shall be required to complete a substance abuse treatment program
1639	1639	approved by the secretary for children and families, secretary of labor or
1640	1640	secretary of commerce, and a job skills program approved by the secretary
1641	1641	for children and families, secretary of labor or secretary of commerce.
1642	1642	Subject to applicable federal laws, any applicant for or recipient of cash
1643	1643	assistance who fails to complete or refuses to participate in the substance
1644	1644	abuse treatment program or job skills program as required under this
1645	1645	subsection shall be ineligible to receive cash assistance until completion of
1646	1646	such substance abuse treatment and job skills programs. Upon completion
1647	1647	of both substance abuse treatment and job skills programs, such applicant
1648	1648	for or recipient of cash assistance may be subject to periodic drug
1649	1649	screening, as determined by the secretary for children and families. Upon a
1650	1650	second positive test for unlawful use of a controlled substance or
1651	1651	controlled substance analog, a recipient of cash assistance shall be ordered
1652	1652	to complete again a substance abuse treatment program and job skills
1653	1653	program, and shall be terminated from cash assistance for a period of 12
1654	1654	months, or until such recipient of cash assistance completes both substance
1655	1655	abuse treatment and job skills programs, whichever is later. Upon a third
1656	1656	positive test for unlawful use of a controlled substance or controlled
1657	1657	substance analog, a recipient of cash assistance shall be terminated from
1658	1658	cash assistance, subject to applicable federal law.
1659	1659	(4) If an applicant for or recipient of cash assistance is ineligible for
1660	1660	or terminated from cash assistance as a result of a positive test for
1661	1661	unlawful use of a controlled substance or controlled substance analog, and
1662	1662	such applicant for or recipient of cash assistance is the parent or legal
1663	1663	guardian of a minor child, an appropriate protective payee shall be
1664	1664	designated to receive cash assistance on behalf of such child. Such parent
1665	1665	or legal guardian of the minor child may choose to designate an individual
1666	1666	to receive cash assistance for such parent's or legal guardian's minor child,
1667	1667	as approved by the secretary for children and families. Prior to the
1668	1668	designated individual receiving any cash assistance, the secretary for
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1712	1712	children and families shall review whether reasonable suspicion exists that
1713	1713	such designated individual is unlawfully using a controlled substance or
1714	1714	controlled substance analog.
1715	1715	(A) In addition, any individual designated to receive cash assistance
1716	1716	on behalf of an eligible minor child shall be subject to drug screening at
1717	1717	any time when reasonable suspicion exists that such designated individual
1718	1718	is unlawfully using a controlled substance or controlled substance analog.
1719	1719	The secretary for children and families may use any information obtained
1720	1720	by the secretary for children and families to determine whether such
1721	1721	reasonable suspicion exists, including, but not limited to, the designated
1722	1722	individual's demeanor, missed appointments and arrest or other police
1723	1723	records, previous employment or application for employment in an
1724	1724	occupation or industry that regularly conducts drug screening, termination
1725	1725	from previous employment due to unlawful use of a controlled substance
1726	1726	or controlled substance analog or prior drug screening records of the
1727	1727	designated individual indicating unlawful use of a controlled substance or
1728	1728	controlled substance analog.
1729	1729	(B) Any designated individual whose drug screening results in a
1730	1730	positive test may request that the drug screening specimen be sent to a
1731	1731	different drug testing facility for an additional drug screening. Any
1732	1732	designated individual who requests an additional drug screening at a
1733	1733	different drug testing facility shall be required to pay the cost of drug
1734	1734	screening. Such designated individual who took the additional drug
1735	1735	screening and who tested negative for unlawful use of a controlled
1736	1736	substance and controlled substance analog shall be reimbursed for the cost
1737	1737	of such additional drug screening.
1738	1738	(C) Upon any positive test for unlawful use of a controlled substance
1739	1739	or controlled substance analog, the designated individual shall not receive
1740	1740	cash assistance on behalf of the parent's or legal guardian's minor child,
1741	1741	and another designated individual shall be selected by the secretary for
1742	1742	children and families to receive cash assistance on behalf of such parent's
1743	1743	or legal guardian's minor child.
1744	1744	(5) If a person has been convicted under federal or state law of any
1745	1745	offense that is classified as a felony by the law of the jurisdiction and has
1746	1746	as an element of such offense the manufacture, cultivation, distribution,
1747	1747	possession or use of a controlled substance or controlled substance analog,
1748	1748	and the date of conviction is on or after July 1, 2013, such person shall
1749	1749	thereby become forever ineligible to receive any cash assistance under this
1750	1750	subsection unless such conviction is the person's first conviction. First-
1751	1751	time offenders convicted under federal or state law of any offense that is
1752	1752	classified as a felony by the law of the jurisdiction and has as an element
1753	1753	of such offense the manufacture, cultivation, distribution, possession or
1754	1754	use of a controlled substance or controlled substance analog, and the date
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1798	1798	of conviction is on or after July 1, 2013, such person shall become
1799	1799	ineligible to receive cash assistance for five years from the date of
1800	1800	conviction.
1801	1801	(6) Except for hearings before the Kansas department for children
1802	1802	and families, the results of any drug screening administered as part of the
1803	1803	drug screening program authorized by this subsection shall be confidential
1804	1804	and shall not be disclosed publicly.
1805	1805	(7) The secretary for children and families may adopt such rules and
1806	1806	regulations as are necessary to carry out the provisions of this subsection.
1807	1807	(8) Any authority granted to the secretary for children and families
1808	1808	under this subsection shall be in addition to any other penalties prescribed
1809	1809	by law.
1810	1810	(9) As used in this subsection:
1811	1811	(A) "Cash assistance" means cash assistance provided to individuals
1812	1812	under the provisions of article 7 of chapter 39 of the Kansas Statutes
1813	1813	Annotated, and amendments thereto, and any rules and regulations adopted
1814	1814	pursuant to such provisions.
1815	1815	(B) "Controlled substance" means the same as defined in K.S.A. 21-
1816	1816	5701, and amendments thereto, and 21 U.S.C. § 802.
1817	1817	(C) "Controlled substance analog" means the same as defined in
1818	1818	K.S.A. 21-5701, and amendments thereto.
1819	1819	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
1820	1820	Sec. 3. This act shall take effect and be in force from and after its
1821	1821	publication in the statute book.
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