SENATE BILL No. 79
AN ACT concerning public assistance; relating to food assistance; directing the secretary
for children and families to request a waiver from the supplemental nutrition
assistance program that would allow the state to prohibit purchase of candy and soft
drinks with food assistance; amending K.S.A. 2024 Supp. 39-709 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
follows: 39-709. (a) General eligibility requirements for assistance for
which federal moneys are expended. Subject to the additional
requirements below, assistance in accordance with plans under which
federal moneys are expended may be granted to any needy person who:
(1) Has insufficient income or resources to provide a reasonable
subsistence compatible with decency and health. Where a husband and
wife or cohabiting partners are living together, the combined income or
resources of both shall be considered in determining the eligibility of
either or both for such assistance unless otherwise prohibited by law.
The secretary, in determining need of any applicant for or recipient of
assistance shall not take into account the financial responsibility of any
individual for any applicant or recipient of assistance unless such
applicant or recipient is such individual's spouse, cohabiting partner or
such individual's minor child or minor stepchild if the stepchild is
living with such individual. The secretary in determining need of an
individual may provide such income and resource exemptions as may
be permitted by federal law. For purposes of eligibility for temporary
assistance for needy families, for food assistance and for any other
assistance provided through the Kansas department for children and
families under which federal moneys are expended, the secretary for
children and families shall consider one motor vehicle owned by the
applicant for assistance, regardless of the value of such vehicle, as
exempt personal property and shall consider any equity in any boat,
personal water craft, recreational vehicle, recreational off-highway
vehicle or all-terrain vehicle, as defined by K.S.A. 8-126, and
amendments thereto, or any additional motor vehicle owned by the
applicant for assistance to be a nonexempt resource of the applicant for
assistance except that any additional motor vehicle used by the
applicant, the applicant's spouse or the applicant's cohabiting partner
for the primary purpose of earning income may be considered as
exempt personal property in the secretary's discretion; or
(2) is a citizen of the United States or is an alien lawfully admitted
to the United States and who is residing in the state of Kansas.
(b) Temporary assistance for needy families. Assistance may be
granted under this act to any dependent child, or relative, subject to the
general eligibility requirements as set out in subsection (a), who resides
in the state of Kansas or whose parent or other relative with whom the
child is living resides in the state of Kansas. Such assistance shall be
known as temporary assistance for needy families. Where the husband
and wife or cohabiting partners are living together, both shall register
for work under the program requirements for temporary assistance for
needy families in accordance with criteria and guidelines prescribed by
rules and regulations of the secretary.
(1) As used in this subsection, "family group" or "household"
means the applicant or recipient for TANF, child care subsidy or
employment services and all individuals living together in which there
is a relationship of legal responsibility or a qualifying caretaker
relationship. This will include a cohabiting boyfriend or girlfriend
living with the person legally responsible for the child. The family
group shall not be eligible for TANF if the family group contains at
least one adult member who has received TANF, including the federal
TANF assistance received in any other state, for 24 calendar months SENATE BILL No. 79—page 2
beginning on and after October 1, 1996, unless the secretary determines
a hardship exists and grants an extension allowing receipt of TANF
until the 36-month limit is reached. No extension beyond 36 months
shall be granted. Hardship provisions for a recipient include:
(A) Is a caretaker of a disabled family member living in the
household;
(B) has a disability that precludes employment on a long-term
basis or requires substantial rehabilitation;
(C) needs a time limit extension to overcome the effects of
domestic violence or sexual assault;
(D) is involved with prevention and protection services and has an
open social service plan; or
(E) is determined by the 24
th
month to have an extreme hardship
other than what is designated in criteria listed in subparagraphs (A)
through (D). This determination will be made by the executive review
team.
(2) All adults applying for TANF shall be required to complete a
work program assessment as specified by the Kansas department for
children and families, including those who have been disqualified for or
denied TANF due to non-cooperation, drug testing requirements or
fraud. Adults who are not otherwise eligible for TANF, such as
ineligible aliens, relative/non-relative caretakers and adults receiving
supplemental security income are not required to complete the
assessment process. During the application processing period,
applicants must complete at least one module or its equivalent of the
work program assessment to be considered eligible for TANF benefits,
unless good cause is found to be exempt from the requirements. Good
cause exemptions shall only include that the applicant:
(A) Can document an existing certification verifying completion
of the work program assessment;
(B) has a valid offer of employment or is employed a minimum of
20 hours a week;
(C) is a parenting teen without a GED or high school diploma;
(D) is enrolled in job corps;
(E) is working with a refugee social services agency; or
(F) has completed the work program assessment within the last 12
months.
(3) The Kansas department for children and families shall
maintain a sufficient level of dedicated work program staff to enable
the agency to conduct work program case management services to
TANF recipients in a timely manner and in full accordance with state
law and agency policy.
(4) (A) TANF mandatory work program applicants and recipients
shall participate in work components that lead to competitive,
integrated employment. Components are defined by the federal
government as being either primary or secondary.
(B) In order to meet federal work participation requirements,
households shall meet at least 30 hours of participation per week, at
least 20 hours of which shall be primary and at least 10 hours may be
secondary components in one parent households where the youngest
child is six years of age or older. Participation hours shall be 55 hours
in two parent households, 35 hours per week if child care is not used.
The maximum assignment is 40 hours per week per individual. For two
parent families to meet the federal work participation rate, both parents
shall participate in a combined total of 55 hours per week, 50 hours of
which shall be in primary components, or one or both parents could be
assigned a combined total of 35 hours per week, 30 hours of which
must be primary components, if the Kansas department for children and
families paid child care is not received by the family. Single parent SENATE BILL No. 79—page 3
families with a child under age six meet the federal participation
requirement if the parent is engaged in work or work activities for at
least 20 hours per week in a primary work component.
(C) The following components meet federal definitions of primary
hours of participation: Full or part-time employment, apprenticeship,
work study, self-employment, job corps, subsidized employment, work
experience sites, on-the-job training, supervised community service,
vocational education, job search and job readiness. Secondary
components include: Job skills training, education directly related to
employment such as adult basic education and English as a second
language, and completion of a high school diploma or GED.
(5) A parent or other adult caretaker personally providing care for
a child under the age of three months in their TANF household shall be
exempt from work participation activities until the month the child
attains three months of age. Such three-month limitation shall not apply
to a parent or other adult caretaker who is personally providing care for
a child born significantly premature, with serious medical conditions or
with a disability as defined by the secretary, in consultation with the
secretary of health and environment and adopted in the rules and
regulations. The three-month period is defined as two consecutive
months starting with the month after childbirth. The exemption for
caring for a child under three months cannot be claimed by:
(A) Either parent when two parents are in the home and the
household meets the two-parent definition for federal reporting
purposes;
(B) one parent or caretaker when the other parent or caretaker is in
the home, and available, capable and suitable to provide care and the
household does not meet the two-parent definition for federal reporting
purposes;
(C) a person age 19 or younger when such person is pregnant or a
parent of a child in the home and the person does not possess a high
school diploma or its equivalent. Such person shall become exempt the
month such person attains 20 years of age; or
(D) any person assigned to a work participation activity for
substance use disorders.
(6) TANF work experience placements shall be reviewed after 90
days and are limited to six months per 24-month lifetime limit. A
client's progress shall be reviewed prior to each new placement
regardless of the length of time they are at the work experience site.
(7) TANF participants with disabilities shall engage in required
employment activities to the maximum extent consistent with their
abilities. A TANF participant shall provide current documentation by a
qualified medical practitioner that details the ability to engage in
employment and any limitation in work activities along with the
expected duration of such limitations. Disability is defined as a physical
or mental impairment constituting or resulting in a substantial
impediment to employment for such individual.
(8) Non-cooperation is the failure of the applicant or recipient to
comply with all requirements provided in state and federal law, federal
and state rules and regulations and agency policy. The period of
ineligibility for TANF benefits based on non-cooperation, as defined in
K.S.A. 39-702, and amendments thereto, with work programs shall be
as follows, for a:
(A) First penalty, three months and full cooperation with work
program activities;
(B) second penalty, six months and full cooperation with work
program activities;
(C) third penalty, one year and full cooperation with work
program activities; and SENATE BILL No. 79—page 4
(D) fourth or subsequent penalty, 10 years.
(9) Individuals who have not cooperated with TANF work
programs shall be ineligible to participate in the food assistance
program. The comparable penalty shall be applied to only the
individual in the food assistance program who failed to comply with the
TANF work requirement. The agency shall impose the same penalty to
the member of the household who failed to comply with TANF
requirements. The penalty periods are three months, six months, one
year, or 10 years.
(10) (A) The period of ineligibility for TANF benefits based on
parents' non-cooperation, as defined in K.S.A. 39-702, and
amendments thereto, with child support services shall be as follows, for
a:
(i) First penalty, three months and cooperation with child support
services prior to regaining eligibility;
(ii) second penalty, six months and cooperation with child support
services prior to regaining eligibility;
(iii) third penalty, one year and cooperation with child support
services prior to regaining eligibility; and
(iv) fourth penalty, 10 years.
(B) (i) The period of ineligibility for child care subsidy based on
parents' non-cooperation, as defined in K.S.A. 39-702, and
amendments thereto, with child support services shall be as follows, for
a:
(a) First penalty, three months and cooperation with child support
services prior to regaining eligibility;
(b) second penalty, six months and cooperation with child support
services prior to regaining eligibility;
(c) third penalty, one year and cooperation with child support
services prior to regaining eligibility; and
(d) fourth penalty, 10 years.
(ii) The secretary, or the secretary's designee, shall review child
support compliance of a parent:
(a) Upon application for child care subsidy;
(b) after 12 months of continuous eligibility for child care subsidy;
and
(c) following such 12 months of continuous eligibility when the
secretary renews or redetermines a parent's eligibility for child care
subsidy.
(11) Individuals who have not cooperated without good cause with
child support services shall be ineligible to participate in the food
assistance program. The period of disqualification ends once it has been
determined that such individual is cooperating with child support
services.
(12) (A) Any individual who is found to have committed fraud or
is found guilty of the crime of theft pursuant to K.S.A. 39-720, and
amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
either the TANF or child care program shall render all adults in the
family unit ineligible for TANF assistance. Adults in the household
who have been determined to have committed fraud or were convicted
of the crime of theft pursuant to K.S.A. 39-720, and amendments
thereto, and K.S.A. 21-5801, and amendments thereto, shall render
themselves and all adult household members ineligible for their lifetime
for TANF, even if fraud was committed in only one program.
Households who have been determined to have committed fraud or
were convicted of the crime of theft pursuant to K.S.A. 39-720, and
amendments thereto, and K.S.A. 21-5801, and amendments thereto,
shall be required to name a protective payee as approved by the
secretary or the secretary's designee to administer TANF benefits or SENATE BILL No. 79—page 5
food assistance on behalf of the children. No adult in a household may
have access to the TANF cash assistance benefit.
(B) Any individual who has failed to cooperate with a fraud
investigation shall be ineligible to participate in the TANF cash
assistance program and the child care subsidy program until the Kansas
department for children and families determines that such individual is
cooperating with the fraud investigation. The Kansas department for
children and families shall maintain a sufficient level of fraud
investigative staff to enable the department to conduct fraud
investigations in a timely manner and in full accordance with state law
and department rules and regulations or policies.
(13) (A) Food assistance shall not be provided to any person
convicted of a felony offense occurring on or after July 1, 2015, that
includes as an element of such offense the manufacture, cultivation,
distribution, possession or use of a controlled substance or controlled
substance analog. For food assistance, the individual shall be
permanently disqualified if such individual has been convicted of a
state or federal felony offense occurring on or after July 1, 2015,
involving possession or use of a controlled substance or controlled
substance analog.
(B) (i) Notwithstanding the provisions of subparagraph (A), an
individual shall be eligible for food assistance if the individual enrolls
in and participates in a drug treatment program approved by the
secretary, submits to and passes a drug test and agrees to submit to drug
testing if requested by the department pursuant to a drug testing plan.
(ii) An individual's failure to submit to testing or failure to
successfully pass a drug test shall result in ineligibility for food
assistance until a drug test is successfully passed. Failure to
successfully complete a drug treatment program shall result in
ineligibility for food assistance until a drug treatment plan approved by
the secretary is successfully completed, the individual passes a drug test
and agrees to submit to drug testing if requested by the department
pursuant to a drug testing plan.
(C) The provisions of subparagraph (B) shall not apply to any
individual who has been convicted for a second or subsequent felony
offense as provided in subparagraph (A).
(14) No TANF cash assistance shall be used to purchase alcohol,
cigarettes, tobacco products, lottery tickets, concert tickets, professional
or collegiate sporting event tickets or tickets for other entertainment
events intended for the general public or sexually oriented adult
materials. No TANF cash assistance shall be used in any retail liquor
store, casino, gaming establishment, jewelry store, tattoo parlor,
massage parlor, body piercing parlor, spa, nail salon, lingerie shop,
tobacco paraphernalia store, vapor cigarette store, psychic or fortune
telling business, bail bond company, video arcade, movie theater,
swimming pool, cruise ship, theme park, dog or horse racing facility,
parimutuel facility, or sexually oriented business or any retail
establishment that provides adult-oriented entertainment in which
performers disrobe or perform in an unclothed state for entertainment,
or in any business or retail establishment where minors under age 18
are not permitted. No TANF cash assistance shall be used for purchases
at points of sale outside the state of Kansas.
(15) (A) The secretary for children and families shall place a
photograph of the recipient, if agreed to by such recipient of public
assistance, on any Kansas benefits card issued by the Kansas
department for children and families that the recipient uses in obtaining
food, cash or any other services. When a recipient of public assistance
is a minor or otherwise incapacitated individual, a parent or legal
guardian of such recipient may have a photograph of such parent or SENATE BILL No. 79—page 6
legal guardian placed on the card.
(B) Any Kansas benefits card with a photograph of a recipient
shall be valid for voting purposes as a public assistance identification
card in accordance with the provisions of K.S.A. 25-2908, and
amendments thereto.
(C) As used in this paragraph and its subparagraphs, "Kansas
benefits card" means any card issued to provide food assistance, cash
assistance or child care assistance, including, but not limited to, the
vision card, EBT card and Kansas benefits card.
(D) The Kansas department for children and families shall monitor
all recipient requests for a Kansas benefits card replacement and, upon
the fourth such request in a 12-month period, send a notice alerting the
recipient that the recipient's account is being monitored for potential
suspicious activity. If a recipient makes an additional request for
replacement subsequent to such notice, the department shall refer the
investigation to the department's fraud investigation unit.
(16) The secretary for children and families shall adopt rules and
regulations for:
(A) Determining eligibility for the child care subsidy program,
including an income of a cohabiting partner in a child care household;
and
(B) determining and maintaining eligibility for non-TANF child
care, requiring that all included adults shall be employed a minimum of
20 hours per week or more as defined by the secretary or meet the
following specific qualifying exemptions:
(i) Adults who are not capable of meeting the requirement due to a
documented physical or mental condition;
(ii) adults who are former TANF recipients who need child care
for employment after their TANF case has closed and earned income is
a factor in the closure in the two months immediately following TANF
closure;
(iii) adult parents included in a case in which the only child
receiving benefits is the child of a minor parent who is working on
completion of high school or obtaining a GED;
(iv) adults who are participants in a food assistance employment
and training program;
(v) adults who are participants in an early head start child care
partnership program and are working or in school or training; or
(vi) adults who are caretakers of a child in custody of the secretary
in out-of-home placement needing child care.
The Kansas department for children and families shall provide child
care for the pursuit of any degree or certification if the occupation has
at least an average job outlook listed in the occupational outlook of the
United States department of labor, bureau of labor statistics. For
occupations with less than an average job outlook, educational plans
shall require approval of the secretary or secretary's designee. Child
care may also be approved if the student provides verification of a
specific job offer that will be available to such student upon completion
of the program. Child care for post-secondary education shall be
allowed for a lifetime maximum of 24 months per adult. The 24 months
may not have to be consecutive. Students shall be engaged in paid
employment for a minimum of 15 hours per week. In a two-parent
adult household, child care would not be allowed if both parents are
adults and attending a formal education or training program at the same
time. The household may choose which one of the parents is
participating as a post-secondary student. The other parent shall meet
another approvable criteria for child care subsidy.
(17) (A) The secretary for children and families is prohibited from
requesting or implementing a waiver or program from the United States SENATE BILL No. 79—page 7
department of agriculture for the time limited assistance provisions for
able-bodied adults aged 18 through 49 without dependents in a
household under the food assistance program. The time on food
assistance for able-bodied adults aged 18 through 49 without
dependents in the household shall be limited to three months in a 36-
month period if such adults are not meeting the requirements imposed
by the U.S. department of agriculture that they must work for at least
20 hours per week or participate in a federally approved work program
or its equivalent.
(B) Each food assistance household member who is not otherwise
exempt from the following work requirements shall: Register for work;
participate in an employment and training program, if assigned to such
a program by the department; accept a suitable employment offer; and
not voluntarily quit a job of at least 30 hours per week.
(C) Any recipient who has not complied with the work
requirements under subparagraph (B) shall be ineligible to participate
in the food assistance program for the following time period and until
the recipient complies with such work requirements for a:
(i) First penalty, three months;
(ii) second penalty, six months; and
(iii) third penalty and any subsequent penalty, one year.
(D) The Kansas department for children and families shall assign
all individuals subject to the requirements established under 7 U.S.C. §
2015(d)(1) to an employment and training program as defined in 7
U.S.C. § 2015(d)(4). The provisions of this subparagraph shall only
apply to:
(i) Able-bodied adults aged 18 through 49 without dependents;
(ii) work registrants aged 50 through 59 without dependents not
exempt from 7 U.S.C. § 2015(d)(2); and
(iii) individuals who are not employed at least 30 hours per week.
(18) Eligibility for the food assistance program shall be limited to
those individuals who are citizens or who meet qualified non-citizen
status as determined by United States department of agriculture. Non-
citizen individuals who are unable or unwilling to provide qualifying
immigrant documentation, as defined by the United States department
of agriculture, residing within a household shall not be included when
determining the household's size for the purposes of assigning a benefit
level to the household for food assistance or comparing the household's
monthly income with the income eligibility standards. The gross non-
exempt earned and unearned income and resources of disqualified
individuals shall be counted in its entirety as available to the remaining
household members.
(19) The secretary for children and families shall not enact the
state option from the United States department of agriculture for broad-
based categorical eligibility for households applying for food assistance
according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
(20) No federal or state funds shall be used for television, radio or
billboard advertisements that are designed to promote food assistance
benefits and enrollment. No federal or state funding shall be used for
any agreements with foreign governments designed to promote food
assistance.
(21) The secretary for children and families shall request a waiver
from the United States department of agriculture to exclude candy and
soft drinks from the definition of eligible foods under 7 C.F.R. § 271.2.
If such waiver is granted, the secretary shall prohibit the purchase of
candy and soft drinks with food assistance. If no such waiver is
granted, the secretary shall request such a waiver annually until such
waiver is granted. For the purposes of this paragraph:
(a) "Candy" means the same as defined in K.S.A. 79-3602, and SENATE BILL No. 79—page 8
amendments thereto; and
(b) "soft drinks" means the same as defined in K.S.A. 79-3602,
and amendments thereto.
(22) (A) The secretary for children and families shall not apply
gross income standards for food assistance higher than the standards
specified in 7 U.S.C. § 2015(c) unless expressly required by federal
law. Categorical eligibility exempting households from such gross
income standards requirements shall not be granted for any non-cash,
in-kind or other benefit unless expressly required by federal law.
(B) The secretary for children and families shall not apply
resource limits standards for food assistance that are higher than the
standards specified in 7 U.S.C. § 2015(g)(1) unless expressly required
by federal law. Categorical eligibility exempting households from such
resource limits shall not be granted for any non-cash, in-kind or other
benefit unless expressly required by federal law.
(c) (1) The Kansas department for children and families shall
conduct an electronic check for any false information provided on an
application for TANF and other benefits programs administered by the
department. For TANF cash assistance, food assistance and the child
care subsidy program, the department shall verify the identity of all
adults in the assistance household.
(2) The department of administration shall provide monthly to the
Kansas department for children and families the social security
numbers or alternate taxpayer identification numbers of all persons who
claim a Kansas lottery prize in excess of $5,000 during the reported
month. The Kansas department for children and families shall verify if
individuals with such winnings are receiving TANF cash assistance,
food assistance or assistance under the child care subsidy program and
take appropriate action. The Kansas department for children and
families shall use data received under this subsection solely, and for no
other purpose, to determine if any recipient's eligibility for benefits has
been affected by lottery prize winnings. The Kansas department for
children and families shall not publicly disclose the identity of any
lottery prize winner, including recipients who are determined to have
illegally received benefits.
(d) Temporary assistance for needy families; assignment of
support rights and limited power of attorney. By applying for or
receiving temporary assistance for needy families such applicant or
recipient shall be deemed to have assigned to the secretary on behalf of
the state any accrued, present or future rights to support from any other
person such applicant may have in such person's own behalf or in
behalf of any other family member for whom the applicant is applying
for or receiving aid. In any case in which an order for child support has
been established and the legal custodian and obligee under the order
surrenders physical custody of the child to a caretaker relative without
obtaining a modification of legal custody and support rights on behalf
of the child are assigned pursuant to this section, the surrender of
physical custody and the assignment shall transfer, by operation of law,
the child's support rights under the order to the secretary on behalf of
the state. Such assignment shall be of all accrued, present or future
rights to support of the child surrendered to the caretaker relative. The
assignment of support rights shall automatically become effective upon
the date of approval for or receipt of such aid without the requirement
that any document be signed by the applicant, recipient or obligee. By
applying for or receiving temporary assistance for needy families, or by
surrendering physical custody of a child to a caretaker relative who is
an applicant or recipient of such assistance on the child's behalf, the
applicant, recipient or obligee is also deemed to have appointed the
secretary, or the secretary's designee, as an attorney-in-fact to perform SENATE BILL No. 79—page 9
the specific act of negotiating and endorsing all drafts, checks, money
orders or other negotiable instruments representing support payments
received by the secretary in behalf of any person applying for, receiving
or having received such assistance. This limited power of attorney shall
be effective from the date the secretary approves the application for aid
and shall remain in effect until the assignment of support rights has
been terminated in full.
(e) Requirements for medical assistance for which federal moneys
or state moneys or both are expended. (1) When the secretary has
adopted a medical care plan under which federal moneys or state
moneys or both are expended, medical assistance in accordance with
such plan shall be granted to any person who is a citizen of the United
States or who is an alien lawfully admitted to the United States and
who is residing in the state of Kansas, whose resources and income do
not exceed the levels prescribed by the secretary. In determining the
need of an individual, the secretary may provide for income and
resource exemptions and protected income and resource levels.
Resources from inheritance shall be counted. A disclaimer of an
inheritance pursuant to K.S.A. 59-2291, and amendments thereto, shall
constitute a transfer of resources. The secretary shall exempt principal
and interest held in irrevocable trust pursuant to K.S.A. 16-303(c), and
amendments thereto, from the eligibility requirements of applicants for
and recipients of medical assistance. Such assistance shall be known as
medical assistance.
(2) For the purposes of medical assistance eligibility
determinations on or after July 1, 2004, if an applicant or recipient
owns property in joint tenancy with some other party and the applicant
or recipient of medical assistance has restricted or conditioned their
interest in such property to a specific and discrete property interest less
than 100%, then such designation will cause the full value of the
property to be considered an available resource to the applicant or
recipient. Medical assistance eligibility for receipt of benefits under the
title XIX of the social security act, commonly known as medicaid, shall
not be expanded, as provided for in the patient protection and
affordable care act, public law 111-148, 124 stat. 119, and the health
care and education reconciliation act of 2010, public law 111-152, 124
stat. 1029, unless the legislature expressly consents to, and approves of,
the expansion of medicaid services by an act of the legislature.
(3) (A) Resources from trusts shall be considered when
determining eligibility of a trust beneficiary for medical assistance.
Medical assistance is to be secondary to all resources, including trusts,
that may be available to an applicant or recipient of medical assistance.
(B) If a trust has discretionary language, the trust shall be
considered to be an available resource to the extent, using the full
extent of discretion, the trustee may make any of the income or
principal available to the applicant or recipient of medical assistance.
Any such discretionary trust shall be considered an available resource
unless:
(i) At the time of creation or amendment of the trust, the trust
states a clear intent that the trust is supplemental to public assistance;
and
(ii) the trust is funded:
(a) From resources of a person who, at the time of such funding,
owed no duty of support to the applicant or recipient of medical
assistance; or
(b) not more than nominally from resources of a person while that
person owed a duty of support to the applicant or recipient of medical
assistance.
(C) For the purposes of this paragraph, "public assistance" SENATE BILL No. 79—page 10
includes, but is not limited to, medicaid, medical assistance or title XIX
of the social security act.
(4) (A) When an applicant or recipient of medical assistance is a
party to a contract, agreement or accord for personal services being
provided by a nonlicensed individual or provider and such contract,
agreement or accord involves health and welfare monitoring, pharmacy
assistance, case management, communication with medical, health or
other professionals, or other activities related to home health care, long
term care, medical assistance benefits, or other related issues, any
moneys paid under such contract, agreement or accord shall be
considered to be an available resource unless the following restrictions
are met:
(i) The contract, agreement or accord must be in writing and
executed prior to any services being provided;
(ii) the moneys paid are in direct relationship with the fair market
value of such services being provided by similarly situated and trained
nonlicensed individuals;
(iii) if no similarly situated nonlicensed individuals or situations
can be found, the value of services will be based on federal hourly
minimum wage standards;
(iv) such individual providing the services shall report all receipts
of moneys as income to the appropriate state and federal governmental
revenue agencies;
(v) any amounts due under such contract, agreement or accord
shall be paid after the services are rendered;
(vi) the applicant or recipient shall have the power to revoke the
contract, agreement or accord; and
(vii) upon the death of the applicant or recipient, the contract,
agreement or accord ceases.
(B) When an applicant or recipient of medical assistance is a party
to a written contract for personal services being provided by a licensed
health professional or facility and such contract involves health and
welfare monitoring, pharmacy assistance, case management,
communication with medical, health or other professionals, or other
activities related to home health care, long term care, medical
assistance benefits or other related issues, any moneys paid in advance
of receipt of services for such contracts shall be considered to be an
available resource.
(5) Any trust may be amended if such amendment is permitted by
the Kansas uniform trust code.
(f) Eligibility for medical assistance of resident receiving medical
care outside state. A person who is receiving medical care including
long-term care outside of Kansas whose health would be endangered by
the postponement of medical care until return to the state or by travel to
return to Kansas, may be determined eligible for medical assistance if
such individual is a resident of Kansas and all other eligibility factors
are met. Persons who are receiving medical care on an ongoing basis in
a long-term medical care facility in a state other than Kansas and who
do not return to a care facility in Kansas when they are able to do so,
shall no longer be eligible to receive assistance in Kansas unless such
medical care is not available in a comparable facility or program
providing such medical care in Kansas. For persons who are minors or
who are under guardianship, the actions of the parent or guardian shall
be deemed to be the actions of the child or ward in determining whether
or not the person is remaining outside the state voluntarily.
(g) Medical assistance; assignment of rights to medical support
and limited power of attorney; recovery from estates of deceased
recipients. (1) (A) Except as otherwise provided in K.S.A. 39-786 and
39-787, and amendments thereto, or as otherwise authorized on and SENATE BILL No. 79—page 11
after September 30, 1989, under section 303 of the federal medicare
catastrophic coverage act of 1988, whichever is applicable, by applying
for or receiving medical assistance under a medical care plan in which
federal funds are expended, any accrued, present or future rights to
support and any rights to payment for medical care from a third party of
an applicant or recipient and any other family member for whom the
applicant is applying shall be deemed to have been assigned to the
secretary on behalf of the state. The assignment shall automatically
become effective upon the date of approval for such assistance without
the requirement that any document be signed by the applicant or
recipient. By applying for or receiving medical assistance the applicant
or recipient is also deemed to have appointed the secretary, or the
secretary's designee, as an attorney-in-fact to perform the specific act of
negotiating and endorsing all drafts, checks, money orders or other
negotiable instruments, representing payments received by the
secretary in on behalf of any person applying for, receiving or having
received such assistance. This limited power of attorney shall be
effective from the date the secretary approves the application for
assistance and shall remain in effect until the assignment has been
terminated in full. The assignment of any rights to payment for medical
care from a third party under this subsection shall not prohibit a health
care provider from directly billing an insurance carrier for services
rendered if the provider has not submitted a claim covering such
services to the secretary for payment. Support amounts collected on
behalf of persons whose rights to support are assigned to the secretary
only under this subsection and no other shall be distributed pursuant to
K.S.A. 39-756(d), and amendments thereto, except that any amounts
designated as medical support shall be retained by the secretary for
repayment of the unreimbursed portion of assistance. Amounts
collected pursuant to the assignment of rights to payment for medical
care from a third party shall also be retained by the secretary for
repayment of the unreimbursed portion of assistance.
(B) Notwithstanding the provisions of subparagraph (A), the
secretary of health and environment, or the secretary's designee, is
hereby authorized to and shall exercise any of the powers specified in
subparagraph (A) in relation to performance of such secretary's duties
pertaining to medical subrogation, estate recovery or any other duties
assigned to such secretary in article 74 of chapter 75 of the Kansas
Statutes Annotated, and amendments thereto.
(2) The amount of any medical assistance paid after June 30,
1992, under the provisions of subsection (e) is a claim against the
property or any interest therein belonging to and a part of the estate of
any deceased recipient or, if there is no estate, the estate of the
surviving spouse, if any, shall be charged for such medical assistance
paid to either or both and a claim against any funds of such recipient or
spouse in any account under K.S.A. 9-1215, 17-2263 or 17-2264, and
amendments thereto. There shall be no recovery of medical assistance
correctly paid to or on behalf of an individual under subsection (e)
except after the death of the surviving spouse of the individual, if any,
and only at a time when the individual has no surviving child who is
under 21 years of age or is blind or permanently and totally disabled.
Transfers of real or personal property by recipients of medical
assistance without adequate consideration are voidable and may be set
aside. Except where there is a surviving spouse, or a surviving child
who is under 21 years of age or is blind or permanently and totally
disabled, the amount of any medical assistance paid under subsection
(e) is a claim against the estate in any guardianship or conservatorship
proceeding. The monetary value of any benefits received by the
recipient of such medical assistance under long-term care insurance, as SENATE BILL No. 79—page 12
defined by K.S.A. 40-2227, and amendments thereto, shall be a credit
against the amount of the claim provided for such medical assistance
under this subsection. The secretary of health and environment is
authorized to enforce each claim provided for under this subsection.
The secretary of health and environment shall not be required to pursue
every claim, but is granted discretion to determine which claims to
pursue. All moneys received by the secretary of health and environment
from claims under this subsection shall be deposited in the social
welfare fund. The secretary of health and environment may adopt rules
and regulations for the implementation and administration of the
medical assistance recovery program under this subsection.
(3) By applying for or receiving medical assistance under the
provisions of article 7 of chapter 39 of the Kansas Statutes Annotated,
and amendments thereto, such individual or such individual's agent,
fiduciary, guardian, conservator, representative payee or other person
acting on behalf of the individual consents to the following definitions
of estate and the results therefrom:
(A) If an individual receives any medical assistance before July 1,
2004, pursuant to article 7 of chapter 39 of the Kansas Statutes
Annotated, and amendments thereto, which forms the basis for a claim
under paragraph (2), such claim is limited to the individual's probatable
estate as defined by applicable law; and
(B) if an individual receives any medical assistance on or after
July 1, 2004, pursuant to article 7 of chapter 39 of the Kansas Statutes
Annotated, and amendments thereto, which forms the basis for a claim
under paragraph (2), such claim shall apply to the individual's medical
assistance estate. The medical assistance estate is defined as including
all real and personal property and other assets in which the deceased
individual had any legal title or interest immediately before or at the
time of death to the extent of that interest or title. The medical
assistance estate includes without limitation, assets conveyed to a
survivor, heir or assign of the deceased recipient through joint tenancy,
tenancy in common, survivorship, transfer-on-death deed, payable-on-
death contract, life estate, trust, annuities or similar arrangement.
(4) The secretary of health and environment or the secretary's
designee is authorized to file and enforce a lien against the real
property of a recipient of medical assistance in certain situations,
subject to all prior liens of record and transfers for value to a bona fide
purchaser of record. The lien must be filed in the office of the register
of deeds of the county where the real property is located within one
year from the date of death of the recipient and must contain the legal
description of all real property in the county subject to the lien.
(A) After the death of a recipient of medical assistance, the
secretary of health and environment or the secretary's designee may
place a lien on any interest in real property owned by such recipient.
(B) The secretary of health and environment or the secretary's
designee may place a lien on any interest in real property owned by a
recipient of medical assistance during the lifetime of such recipient.
Such lien may be filed only after notice and an opportunity for a
hearing has been given. Such lien may be enforced only upon
competent medical testimony that the recipient cannot reasonably be
expected to be discharged and returned home. A six-month period of
compensated inpatient care at a nursing home or other medical
institution shall constitute a determination by the department of health
and environment that the recipient cannot reasonably be expected to be
discharged and returned home. To return home means the recipient
leaves the nursing or medical facility and resides in the home on which
the lien has been placed for a continuous period of at least 90 days
without being readmitted as an inpatient to a nursing or medical SENATE BILL No. 79—page 13
facility. The amount of the lien shall be for the amount of assistance
paid by the department of health and environment until the time of the
filing of the lien and for any amount paid thereafter for such medical
assistance to the recipient. After the lien is filed against any real
property owned by the recipient, such lien will be dissolved if the
recipient is discharged, returns home and resides upon the real property
to which the lien is attached for a continuous period of at least 90 days
without being readmitted as an inpatient to a nursing or medical
facility. If the recipient is readmitted as an inpatient to a nursing or
medical facility for a continuous period of less than 90 days, another
continuous period of at least 90 days shall be completed prior to
dissolution of the lien.
(5) The lien filed by the secretary of health and environment or the
secretary's designee for medical assistance correctly received may be
enforced before or after the death of the recipient by the filing of an
action to foreclose such lien in the Kansas district court or through an
estate probate court action in the county where the real property of the
recipient is located. However, it may be enforced only:
(A) After the death of the surviving spouse of the recipient;
(B) when there is no child of the recipient, natural or adopted, who
is 20 years of age or less residing in the home;
(C) when there is no adult child of the recipient, natural or
adopted, who is blind or disabled residing in the home; or
(D) when no brother or sister of the recipient is lawfully residing
in the home, who has resided there for at least one year immediately
before the date of the recipient's admission to the nursing or medical
facility, and has resided there on a continuous basis since that time.
(6) The lien remains on the property even after a transfer of the
title by conveyance, sale, succession, inheritance or will unless one of
the following events occur:
(A) The lien is satisfied. The recipient, the heirs, personal
representative or assigns of the recipient may discharge such lien at any
time by paying the amount of the lien to the secretary of health and
environment or the secretary's designee;
(B) the lien is terminated by foreclosure of prior lien of record or
settlement action taken in lieu of foreclosure; or
(C) the value of the real property is consumed by the lien, at
which time the secretary of health and environment or the secretary's
designee may force the sale for the real property to satisfy the lien.
(7) If the secretary for aging and disability services or the
secretary of health and environment, or both, or such secretary's
designee has not filed an action to foreclose the lien in the Kansas
district court in the county where the real property is located within 10
years from the date of the filing of the lien, then the lien shall become
dormant, and shall cease to operate as a lien on the real estate of the
recipient. Such dormant lien may be revived in the same manner as a
dormant judgment lien is revived under K.S.A. 60-2403 et seq., and
amendments thereto.
(8) Within seven days of receipt of notice by the secretary for
children and families or the secretary's designee of the death of a
recipient of medical assistance under this subsection, the secretary for
children and families or the secretary's designee shall give notice of
such recipient's death to the secretary of health and environment or the
secretary's designee.
(9) All rules and regulations adopted on and after July 1, 2013,
and prior to July 1, 2014, to implement this subsection shall continue to
be effective and shall be deemed to be duly adopted rules and
regulations of the secretary of health and environment until revised,
amended, revoked or nullified pursuant to law. SENATE BILL No. 79—page 14
(h) Placement under the revised Kansas code for care of children
or revised Kansas juvenile justice code; assignment of support rights
and limited power of attorney. In any case in which the secretary for
children and families pays for the expenses of care and custody of a
child pursuant to K.S.A. 38-2201 et seq. or 38-2301 et seq., and
amendments thereto, including the expenses of any foster care
placement, an assignment of all past, present and future support rights
of the child in custody possessed by either parent or other person
entitled to receive support payments for the child is, by operation of
law, conveyed to the secretary. Such assignment shall become effective
upon placement of a child in the custody of the secretary or upon
payment of the expenses of care and custody of a child by the secretary
without the requirement that any document be signed by the parent or
other person entitled to receive support payments for the child. When
the secretary pays for the expenses of care and custody of a child or a
child is placed in the custody of the secretary, the parent or other person
entitled to receive support payments for the child is also deemed to
have appointed the secretary, or the secretary's designee, as attorney in
fact to perform the specific act of negotiating and endorsing all drafts,
checks, money orders or other negotiable instruments representing
support payments received by the secretary on behalf of the child. This
limited power of attorney shall be effective from the date the
assignment to support rights becomes effective and shall remain in
effect until the assignment of support rights has been terminated in full.
(i) No person who voluntarily quits employment or who is fired
from employment due to gross misconduct as defined by rules and
regulations of the secretary or who is a fugitive from justice by reason
of a felony conviction or charge or violation of a condition of probation
or parole imposed under federal or state law shall be eligible to receive
public assistance benefits in this state. Any recipient of public
assistance who fails to timely comply with monthly reporting
requirements under criteria and guidelines prescribed by rules and
regulations of the secretary shall be subject to a penalty established by
the secretary by rules and regulations.
(j) If the applicant or recipient of temporary assistance for needy
families is a mother of the dependent child, as a condition of the
mother's eligibility for temporary assistance for needy families the
mother shall identify by name and, if known, by current address the
father of the dependent child except that the secretary may adopt by
rules and regulations exceptions to this requirement in cases of undue
hardship. Any recipient of temporary assistance for needy families who
fails to cooperate with requirements relating to child support services
under criteria and guidelines prescribed by rules and regulations of the
secretary shall be subject to a penalty established by the secretary.
(k) By applying for or receiving child care subsidy or food
assistance, the applicant or recipient shall be deemed to have assigned,
pursuant to K.S.A. 39-756, and amendments thereto, to the secretary on
behalf of the state only accrued, present or future rights to support from
any other person such applicant may have in such person's own behalf
or in behalf of any other family member for whom the applicant is
applying for or receiving aid. The assignment of support rights shall
automatically become effective upon the date of approval for or receipt
of such aid without the requirement that any document be signed by the
applicant or recipient. By applying for or receiving child care subsidy
or food assistance, the applicant or recipient is also deemed to have
appointed the secretary, or the secretary's designee, as an attorney in
fact to perform the specific act of negotiating and endorsing all drafts,
checks, money orders or other negotiable instruments representing
support payments received by the secretary in behalf of any person SENATE BILL No. 79—page 15
applying for, receiving or having received such assistance. This limited
power of attorney shall be effective from the date the secretary
approves the application for aid and shall remain in effect until the
assignment of support rights has been terminated in full. An applicant
or recipient who has assigned support rights to the secretary pursuant to
this subsection shall cooperate in establishing and enforcing support
obligations to the same extent required of applicants for or recipients of
temporary assistance for needy families.
(l) (1) A program of drug screening for applicants for cash
assistance as a condition of eligibility for cash assistance and persons
receiving cash assistance as a condition of continued receipt of cash
assistance shall be established, subject to applicable federal law, by the
secretary for children and families on and before January 1, 2014.
Under such program of drug screening, the secretary for children and
families shall order a drug screening of an applicant for or a recipient of
cash assistance at any time when reasonable suspicion exists that such
applicant for or recipient of cash assistance is unlawfully using a
controlled substance or controlled substance analog. The secretary for
children and families may use any information obtained by the
secretary for children and families to determine whether such
reasonable suspicion exists, including, but not limited to, an applicant's
or recipient's demeanor, missed appointments and arrest or other police
records, previous employment or application for employment in an
occupation or industry that regularly conducts drug screening,
termination from previous employment due to unlawful use of a
controlled substance or controlled substance analog or prior drug
screening records of the applicant or recipient indicating unlawful use
of a controlled substance or controlled substance analog.
(2) Any applicant for or recipient of cash assistance whose drug
screening results in a positive test may request that the drug screening
specimen be sent to a different drug testing facility for an additional
drug screening. Any applicant for or recipient of cash assistance who
requests an additional drug screening at a different drug testing facility
shall be required to pay the cost of drug screening. Such applicant or
recipient who took the additional drug screening and who tested
negative for unlawful use of a controlled substance and controlled
substance analog shall be reimbursed for the cost of such additional
drug screening.
(3) Any applicant for or recipient of cash assistance who tests
positive for unlawful use of a controlled substance or controlled
substance analog shall be required to complete a substance abuse
treatment program approved by the secretary for children and families,
secretary of labor or secretary of commerce, and a job skills program
approved by the secretary for children and families, secretary of labor
or secretary of commerce. Subject to applicable federal laws, any
applicant for or recipient of cash assistance who fails to complete or
refuses to participate in the substance abuse treatment program or job
skills program as required under this subsection shall be ineligible to
receive cash assistance until completion of such substance abuse
treatment and job skills programs. Upon completion of both substance
abuse treatment and job skills programs, such applicant for or recipient
of cash assistance may be subject to periodic drug screening, as
determined by the secretary for children and families. Upon a second
positive test for unlawful use of a controlled substance or controlled
substance analog, a recipient of cash assistance shall be ordered to
complete again a substance abuse treatment program and job skills
program, and shall be terminated from cash assistance for a period of
12 months, or until such recipient of cash assistance completes both
substance abuse treatment and job skills programs, whichever is later. SENATE BILL No. 79—page 16
Upon a third positive test for unlawful use of a controlled substance or
controlled substance analog, a recipient of cash assistance shall be
terminated from cash assistance, subject to applicable federal law.
(4) If an applicant for or recipient of cash assistance is ineligible
for or terminated from cash assistance as a result of a positive test for
unlawful use of a controlled substance or controlled substance analog,
and such applicant for or recipient of cash assistance is the parent or
legal guardian of a minor child, an appropriate protective payee shall be
designated to receive cash assistance on behalf of such child. Such
parent or legal guardian of the minor child may choose to designate an
individual to receive cash assistance for such parent's or legal
guardian's minor child, as approved by the secretary for children and
families. Prior to the designated individual receiving any cash
assistance, the secretary for children and families shall review whether
reasonable suspicion exists that such designated individual is
unlawfully using a controlled substance or controlled substance analog.
(A) In addition, any individual designated to receive cash
assistance on behalf of an eligible minor child shall be subject to drug
screening at any time when reasonable suspicion exists that such
designated individual is unlawfully using a controlled substance or
controlled substance analog. The secretary for children and families
may use any information obtained by the secretary for children and
families to determine whether such reasonable suspicion exists,
including, but not limited to, the designated individual's demeanor,
missed appointments and arrest or other police records, previous
employment or application for employment in an occupation or
industry that regularly conducts drug screening, termination from
previous employment due to unlawful use of a controlled substance or
controlled substance analog or prior drug screening records of the
designated individual indicating unlawful use of a controlled substance
or controlled substance analog.
(B) Any designated individual whose drug screening results in a
positive test may request that the drug screening specimen be sent to a
different drug testing facility for an additional drug screening. Any
designated individual who requests an additional drug screening at a
different drug testing facility shall be required to pay the cost of drug
screening. Such designated individual who took the additional drug
screening and who tested negative for unlawful use of a controlled
substance and controlled substance analog shall be reimbursed for the
cost of such additional drug screening.
(C) Upon any positive test for unlawful use of a controlled
substance or controlled substance analog, the designated individual
shall not receive cash assistance on behalf of the parent's or legal
guardian's minor child, and another designated individual shall be
selected by the secretary for children and families to receive cash
assistance on behalf of such parent's or legal guardian's minor child.
(5) If a person has been convicted under federal or state law of any
offense that is classified as a felony by the law of the jurisdiction and
has as an element of such offense the manufacture, cultivation,
distribution, possession or use of a controlled substance or controlled
substance analog, and the date of conviction is on or after July 1, 2013,
such person shall thereby become forever ineligible to receive any cash
assistance under this subsection unless such conviction is the person's
first conviction. First-time offenders convicted under federal or state
law of any offense that is classified as a felony by the law of the
jurisdiction and has as an element of such offense the manufacture,
cultivation, distribution, possession or use of a controlled substance or
controlled substance analog, and the date of conviction is on or after
July 1, 2013, such person shall become ineligible to receive cash SENATE BILL No. 79—page 17
assistance for five years from the date of conviction.
(6) Except for hearings before the Kansas department for children
and families, the results of any drug screening administered as part of
the drug screening program authorized by this subsection shall be
confidential and shall not be disclosed publicly.
(7) The secretary for children and families may adopt such rules
and regulations as are necessary to carry out the provisions of this
subsection.
(8) Any authority granted to the secretary for children and families
under this subsection shall be in addition to any other penalties
prescribed by law.
(9) As used in this subsection:
(A) "Cash assistance" means cash assistance provided to
individuals under the provisions of article 7 of chapter 39 of the Kansas
Statutes Annotated, and amendments thereto, and any rules and
regulations adopted pursuant to such provisions.
(B) "Controlled substance" means the same as in K.S.A. 21-5701,
and amendments thereto, and 21 U.S.C. § 802.
(C) "Controlled substance analog" means the same as in K.S.A.
21-5701, and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.