Kansas 2025-2026 Regular Session

Kansas Senate Bill SB79 Compare Versions

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1	1	Session of 2025
2	2	SENATE BILL No. 79
3	3	By Committee on Government Efficiency
4	4	1-27
5	5	AN ACT concerning public assistance; relating to food assistance;
6	6	directing the secretary for children and families to request a waiver
7	7	from the supplemental nutrition assistance program that would allow
8	8	the state to prohibit purchase of candy and soft drinks with food
9	9	assistance; amending K.S.A. 2024 Supp. 39-709 and repealing the
10	10	existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
13	13	follows: 39-709. (a) General eligibility requirements for assistance for
14	14	which federal moneys are expended. Subject to the additional requirements
15	15	below, assistance in accordance with plans under which federal moneys
16	16	are expended may be granted to any needy person who:
17	17	(1) Has insufficient income or resources to provide a reasonable
18	18	subsistence compatible with decency and health. Where a husband and
19	19	wife or cohabiting partners are living together, the combined income or
20	20	resources of both shall be considered in determining the eligibility of
21	21	either or both for such assistance unless otherwise prohibited by law. The
22	22	secretary, in determining need of any applicant for or recipient of
23	23	assistance shall not take into account the financial responsibility of any
24	24	individual for any applicant or recipient of assistance unless such applicant
25	25	or recipient is such individual's spouse, cohabiting partner or such
26	26	individual's minor child or minor stepchild if the stepchild is living with
27	27	such individual. The secretary in determining need of an individual may
28	28	provide such income and resource exemptions as may be permitted by
29	29	federal law. For purposes of eligibility for temporary assistance for needy
30	30	families, for food assistance and for any other assistance provided through
31	31	the Kansas department for children and families under which federal
32	32	moneys are expended, the secretary for children and families shall
33	33	consider one motor vehicle owned by the applicant for assistance,
34	34	regardless of the value of such vehicle, as exempt personal property and
35	35	shall consider any equity in any boat, personal water craft, recreational
36	36	vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
37	37	by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
38	38	owned by the applicant for assistance to be a nonexempt resource of the
39	39	applicant for assistance except that any additional motor vehicle used by
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76	76	the applicant, the applicant's spouse or the applicant's cohabiting partner
77	77	for the primary purpose of earning income may be considered as exempt
78	78	personal property in the secretary's discretion; or
79	79	(2) is a citizen of the United States or is an alien lawfully admitted to
80	80	the United States and who is residing in the state of Kansas.
81	81	(b) Temporary assistance for needy families. Assistance may be
82	82	granted under this act to any dependent child, or relative, subject to the
83	83	general eligibility requirements as set out in subsection (a), who resides in
84	84	the state of Kansas or whose parent or other relative with whom the child
85	85	is living resides in the state of Kansas. Such assistance shall be known as
86	86	temporary assistance for needy families. Where the husband and wife or
87	87	cohabiting partners are living together, both shall register for work under
88	88	the program requirements for temporary assistance for needy families in
89	89	accordance with criteria and guidelines prescribed by rules and regulations
90	90	of the secretary.
91	91	(1) As used in this subsection, "family group" or "household" means
92	92	the applicant or recipient for TANF, child care subsidy or employment
93	93	services and all individuals living together in which there is a relationship
94	94	of legal responsibility or a qualifying caretaker relationship. This will
95	95	include a cohabiting boyfriend or girlfriend living with the person legally
96	96	responsible for the child. The family group shall not be eligible for TANF
97	97	if the family group contains at least one adult member who has received
98	98	TANF, including the federal TANF assistance received in any other state,
99	99	for 24 calendar months beginning on and after October 1, 1996, unless the
100	100	secretary determines a hardship exists and grants an extension allowing
101	101	receipt of TANF until the 36-month limit is reached. No extension beyond
102	102	36 months shall be granted. Hardship provisions for a recipient include:
103	103	(A) Is a caretaker of a disabled family member living in the
104	104	household;
105	105	(B) has a disability that precludes employment on a long-term basis
106	106	or requires substantial rehabilitation;
107	107	(C) needs a time limit extension to overcome the effects of domestic
108	108	violence or sexual assault;
109	109	(D) is involved with prevention and protection services and has an
110	110	open social service plan; or
111	111	(E) is determined by the 24
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113	113	month to have an extreme hardship other
114	114	than what is designated in criteria listed in subparagraphs (A) through (D).
115	115	This determination will be made by the executive review team.
116	116	(2) All adults applying for TANF shall be required to complete a
117	117	work program assessment as specified by the Kansas department for
118	118	children and families, including those who have been disqualified for or
119	119	denied TANF due to non-cooperation, drug testing requirements or fraud.
120	120	Adults who are not otherwise eligible for TANF, such as ineligible aliens,
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164	164	relative/non-relative caretakers and adults receiving supplemental security
165	165	income are not required to complete the assessment process. During the
166	166	application processing period, applicants must complete at least one
167	167	module or its equivalent of the work program assessment to be considered
168	168	eligible for TANF benefits, unless good cause is found to be exempt from
169	169	the requirements. Good cause exemptions shall only include that the
170	170	applicant:
171	171	(A) Can document an existing certification verifying completion of
172	172	the work program assessment;
173	173	(B) has a valid offer of employment or is employed a minimum of 20
174	174	hours a week;
175	175	(C) is a parenting teen without a GED or high school diploma;
176	176	(D) is enrolled in job corps;
177	177	(E) is working with a refugee social services agency; or
178	178	(F) has completed the work program assessment within the last 12
179	179	months.
180	180	(3) The Kansas department for children and families shall maintain a
181	181	sufficient level of dedicated work program staff to enable the agency to
182	182	conduct work program case management services to TANF recipients in a
183	183	timely manner and in full accordance with state law and agency policy.
184	184	(4) (A) TANF mandatory work program applicants and recipients
185	185	shall participate in work components that lead to competitive, integrated
186	186	employment. Components are defined by the federal government as being
187	187	either primary or secondary.
188	188	(B) In order to meet federal work participation requirements,
189	189	households shall meet at least 30 hours of participation per week, at least
190	190	20 hours of which shall be primary and at least 10 hours may be secondary
191	191	components in one parent households where the youngest child is six years
192	192	of age or older. Participation hours shall be 55 hours in two parent
193	193	households, 35 hours per week if child care is not used. The maximum
194	194	assignment is 40 hours per week per individual. For two parent families to
195	195	meet the federal work participation rate, both parents shall participate in a
196	196	combined total of 55 hours per week, 50 hours of which shall be in
197	197	primary components, or one or both parents could be assigned a combined
198	198	total of 35 hours per week, 30 hours of which must be primary
199	199	components, if the Kansas department for children and families paid child
200	200	care is not received by the family. Single parent families with a child under
201	201	age six meet the federal participation requirement if the parent is engaged
202	202	in work or work activities for at least 20 hours per week in a primary work
203	203	component.
204	204	(C) The following components meet federal definitions of primary
205	205	hours of participation: Full or part-time employment, apprenticeship, work
206	206	study, self-employment, job corps, subsidized employment, work
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250	250	experience sites, on-the-job training, supervised community service,
251	251	vocational education, job search and job readiness. Secondary components
252	252	include: Job skills training, education directly related to employment such
253	253	as adult basic education and English as a second language, and completion
254	254	of a high school diploma or GED.
255	255	(5) A parent or other adult caretaker personally providing care for a
256	256	child under the age of three months in their TANF household shall be
257	257	exempt from work participation activities until the month the child attains
258	258	three months of age. Such three-month limitation shall not apply to a
259	259	parent or other adult caretaker who is personally providing care for a child
260	260	born significantly premature, with serious medical conditions or with a
261	261	disability as defined by the secretary, in consultation with the secretary of
262	262	health and environment and adopted in the rules and regulations. The
263	263	three-month period is defined as two consecutive months starting with the
264	264	month after childbirth. The exemption for caring for a child under three
265	265	months cannot be claimed by:
266	266	(A) Either parent when two parents are in the home and the
267	267	household meets the two-parent definition for federal reporting purposes;
268	268	(B) one parent or caretaker when the other parent or caretaker is in
269	269	the home, and available, capable and suitable to provide care and the
270	270	household does not meet the two-parent definition for federal reporting
271	271	purposes;
272	272	(C) a person age 19 or younger when such person is pregnant or a
273	273	parent of a child in the home and the person does not possess a high school
274	274	diploma or its equivalent. Such person shall become exempt the month
275	275	such person attains 20 years of age; or
276	276	(D) any person assigned to a work participation activity for substance
277	277	use disorders.
278	278	(6) TANF work experience placements shall be reviewed after 90
279	279	days and are limited to six months per 24-month lifetime limit. A client's
280	280	progress shall be reviewed prior to each new placement regardless of the
281	281	length of time they are at the work experience site.
282	282	(7) TANF participants with disabilities shall engage in required
283	283	employment activities to the maximum extent consistent with their
284	284	abilities. A TANF participant shall provide current documentation by a
285	285	qualified medical practitioner that details the ability to engage in
286	286	employment and any limitation in work activities along with the expected
287	287	duration of such limitations. Disability is defined as a physical or mental
288	288	impairment constituting or resulting in a substantial impediment to
289	289	employment for such individual.
290	290	(8) Non-cooperation is the failure of the applicant or recipient to
291	291	comply with all requirements provided in state and federal law, federal and
292	292	state rules and regulations and agency policy. The period of ineligibility
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336	336	for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
337	337	and amendments thereto, with work programs shall be as follows, for a:
338	338	(A) First penalty, three months and full cooperation with work
339	339	program activities;
340	340	(B) second penalty, six months and full cooperation with work
341	341	program activities;
342	342	(C) third penalty, one year and full cooperation with work program
343	343	activities; and
344	344	(D) fourth or subsequent penalty, 10 years.
345	345	(9) Individuals who have not cooperated with TANF work programs
346	346	shall be ineligible to participate in the food assistance program. The
347	347	comparable penalty shall be applied to only the individual in the food
348	348	assistance program who failed to comply with the TANF work
349	349	requirement. The agency shall impose the same penalty to the member of
350	350	the household who failed to comply with TANF requirements. The penalty
351	351	periods are three months, six months, one year, or 10 years.
352	352	(10) (A) The period of ineligibility for TANF benefits based on
353	353	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
354	354	thereto, with child support services shall be as follows, for a:
355	355	(i) First penalty, three months and cooperation with child support
356	356	services prior to regaining eligibility;
357	357	(ii) second penalty, six months and cooperation with child support
358	358	services prior to regaining eligibility;
359	359	(iii) third penalty, one year and cooperation with child support
360	360	services prior to regaining eligibility; and
361	361	(iv) fourth penalty, 10 years.
362	362	(B) (i) The period of ineligibility for child care subsidy based on
363	363	parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
364	364	thereto, with child support services shall be as follows, for a:
365	365	(a) First penalty, three months and cooperation with child support
366	366	services prior to regaining eligibility;
367	367	(b) second penalty, six months and cooperation with child support
368	368	services prior to regaining eligibility;
369	369	(c) third penalty, one year and cooperation with child support services
370	370	prior to regaining eligibility; and
371	371	(d) fourth penalty, 10 years.
372	372	(ii) The secretary, or the secretary's designee, shall review child
373	373	support compliance of a parent:
374	374	(a) Upon application for child care subsidy;
375	375	(b) after 12 months of continuous eligibility for child care subsidy;
376	376	and
377	377	(c) following such 12 months of continuous eligibility when the
378	378	secretary renews or redetermines a parent's eligibility for child care
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422	422	subsidy.
423	423	(11) Individuals who have not cooperated without good cause with
424	424	child support services shall be ineligible to participate in the food
425	425	assistance program. The period of disqualification ends once it has been
426	426	determined that such individual is cooperating with child support services.
427	427	(12) (A) Any individual who is found to have committed fraud or is
428	428	found guilty of the crime of theft pursuant to K.S.A. 39-720, and
429	429	amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
430	430	either the TANF or child care program shall render all adults in the family
431	431	unit ineligible for TANF assistance. Adults in the household who have
432	432	been determined to have committed fraud or were convicted of the crime
433	433	of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
434	434	21-5801, and amendments thereto, shall render themselves and all adult
435	435	household members ineligible for their lifetime for TANF, even if fraud
436	436	was committed in only one program. Households who have been
437	437	determined to have committed fraud or were convicted of the crime of
438	438	theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
439	439	5801, and amendments thereto, shall be required to name a protective
440	440	payee as approved by the secretary or the secretary's designee to
441	441	administer TANF benefits or food assistance on behalf of the children. No
442	442	adult in a household may have access to the TANF cash assistance benefit.
443	443	(B) Any individual who has failed to cooperate with a fraud
444	444	investigation shall be ineligible to participate in the TANF cash assistance
445	445	program and the child care subsidy program until the Kansas department
446	446	for children and families determines that such individual is cooperating
447	447	with the fraud investigation. The Kansas department for children and
448	448	families shall maintain a sufficient level of fraud investigative staff to
449	449	enable the department to conduct fraud investigations in a timely manner
450	450	and in full accordance with state law and department rules and regulations
451	451	or policies.
452	452	(13) (A) Food assistance shall not be provided to any person
453	453	convicted of a felony offense occurring on or after July 1, 2015, that
454	454	includes as an element of such offense the manufacture, cultivation,
455	455	distribution, possession or use of a controlled substance or controlled
456	456	substance analog. For food assistance, the individual shall be permanently
457	457	disqualified if such individual has been convicted of a state or federal
458	458	felony offense occurring on or after July 1, 2015, involving possession or
459	459	use of a controlled substance or controlled substance analog.
460	460	(B) (i) Notwithstanding the provisions of subparagraph (A), an
461	461	individual shall be eligible for food assistance if the individual enrolls in
462	462	and participates in a drug treatment program approved by the secretary,
463	463	submits to and passes a drug test and agrees to submit to drug testing if
464	464	requested by the department pursuant to a drug testing plan.
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508	508	(ii) An individual's failure to submit to testing or failure to
509	509	successfully pass a drug test shall result in ineligibility for food assistance
510	510	until a drug test is successfully passed. Failure to successfully complete a
511	511	drug treatment program shall result in ineligibility for food assistance until
512	512	a drug treatment plan approved by the secretary is successfully completed,
513	513	the individual passes a drug test and agrees to submit to drug testing if
514	514	requested by the department pursuant to a drug testing plan.
515	515	(C) The provisions of subparagraph (B) shall not apply to any
516	516	individual who has been convicted for a second or subsequent felony
517	517	offense as provided in subparagraph (A).
518	518	(14) No TANF cash assistance shall be used to purchase alcohol,
519	519	cigarettes, tobacco products, lottery tickets, concert tickets, professional or
520	520	collegiate sporting event tickets or tickets for other entertainment events
521	521	intended for the general public or sexually oriented adult materials. No
522	522	TANF cash assistance shall be used in any retail liquor store, casino,
523	523	gaming establishment, jewelry store, tattoo parlor, massage parlor, body
524	524	piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
525	525	vapor cigarette store, psychic or fortune telling business, bail bond
526	526	company, video arcade, movie theater, swimming pool, cruise ship, theme
527	527	park, dog or horse racing facility, parimutuel facility, or sexually oriented
528	528	business or any retail establishment that provides adult-oriented
529	529	entertainment in which performers disrobe or perform in an unclothed
530	530	state for entertainment, or in any business or retail establishment where
531	531	minors under age 18 are not permitted. No TANF cash assistance shall be
532	532	used for purchases at points of sale outside the state of Kansas.
533	533	(15) (A) The secretary for children and families shall place a
534	534	photograph of the recipient, if agreed to by such recipient of public
535	535	assistance, on any Kansas benefits card issued by the Kansas department
536	536	for children and families that the recipient uses in obtaining food, cash or
537	537	any other services. When a recipient of public assistance is a minor or
538	538	otherwise incapacitated individual, a parent or legal guardian of such
539	539	recipient may have a photograph of such parent or legal guardian placed
540	540	on the card.
541	541	(B) Any Kansas benefits card with a photograph of a recipient shall
542	542	be valid for voting purposes as a public assistance identification card in
543	543	accordance with the provisions of K.S.A. 25-2908, and amendments
544	544	thereto.
545	545	(C) As used in this paragraph and its subparagraphs, "Kansas benefits
546	546	card" means any card issued to provide food assistance, cash assistance or
547	547	child care assistance, including, but not limited to, the vision card, EBT
548	548	card and Kansas benefits card.
549	549	(D) The Kansas department for children and families shall monitor all
550	550	recipient requests for a Kansas benefits card replacement and, upon the
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594	594	fourth such request in a 12-month period, send a notice alerting the
595	595	recipient that the recipient's account is being monitored for potential
596	596	suspicious activity. If a recipient makes an additional request for
597	597	replacement subsequent to such notice, the department shall refer the
598	598	investigation to the department's fraud investigation unit.
599	599	(16) The secretary for children and families shall adopt rules and
600	600	regulations for:
601	601	(A) Determining eligibility for the child care subsidy program,
602	602	including an income of a cohabiting partner in a child care household; and
603	603	(B) determining and maintaining eligibility for non-TANF child care,
604	604	requiring that all included adults shall be employed a minimum of 20
605	605	hours per week or more as defined by the secretary or meet the following
606	606	specific qualifying exemptions:
607	607	(i) Adults who are not capable of meeting the requirement due to a
608	608	documented physical or mental condition;
609	609	(ii) adults who are former TANF recipients who need child care for
610	610	employment after their TANF case has closed and earned income is a
611	611	factor in the closure in the two months immediately following TANF
612	612	closure;
613	613	(iii) adult parents included in a case in which the only child receiving
614	614	benefits is the child of a minor parent who is working on completion of
615	615	high school or obtaining a GED;
616	616	(iv) adults who are participants in a food assistance employment and
617	617	training program;
618	618	(v) adults who are participants in an early head start child care
619	619	partnership program and are working or in school or training; or
620	620	(vi) adults who are caretakers of a child in custody of the secretary in
621	621	out-of-home placement needing child care.
622	622	The Kansas department for children and families shall provide child
623	623	care for the pursuit of any degree or certification if the occupation has at
624	624	least an average job outlook listed in the occupational outlook of the
625	625	United States department of labor, bureau of labor statistics. For
626	626	occupations with less than an average job outlook, educational plans shall
627	627	require approval of the secretary or secretary's designee. Child care may
628	628	also be approved if the student provides verification of a specific job offer
629	629	that will be available to such student upon completion of the program.
630	630	Child care for post-secondary education shall be allowed for a lifetime
631	631	maximum of 24 months per adult. The 24 months may not have to be
632	632	consecutive. Students shall be engaged in paid employment for a minimum
633	633	of 15 hours per week. In a two-parent adult household, child care would
634	634	not be allowed if both parents are adults and attending a formal education
635	635	or training program at the same time. The household may choose which
636	636	one of the parents is participating as a post-secondary student. The other
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680	680	parent shall meet another approvable criteria for child care subsidy.
681	681	(17) (A) The secretary for children and families is prohibited from
682	682	requesting or implementing a waiver or program from the United States
683	683	department of agriculture for the time limited assistance provisions for
684	684	able-bodied adults aged 18 through 49 without dependents in a household
685	685	under the food assistance program. The time on food assistance for able-
686	686	bodied adults aged 18 through 49 without dependents in the household
687	687	shall be limited to three months in a 36-month period if such adults are not
688	688	meeting the requirements imposed by the U.S. department of agriculture
689	689	that they must work for at least 20 hours per week or participate in a
690	690	federally approved work program or its equivalent.
691	691	(B) Each food assistance household member who is not otherwise
692	692	exempt from the following work requirements shall: Register for work;
693	693	participate in an employment and training program, if assigned to such a
694	694	program by the department; accept a suitable employment offer; and not
695	695	voluntarily quit a job of at least 30 hours per week.
696	696	(C) Any recipient who has not complied with the work requirements
697	697	under subparagraph (B) shall be ineligible to participate in the food
698	698	assistance program for the following time period and until the recipient
699	699	complies with such work requirements for a:
700	700	(i) First penalty, three months;
701	701	(ii) second penalty, six months; and
702	702	(iii) third penalty and any subsequent penalty, one year.
703	703	(D) The Kansas department for children and families shall assign all
704	704	individuals subject to the requirements established under 7 U.S.C. §
705	705	2015(d)(1) to an employment and training program as defined in 7 U.S.C.
706	706	§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
707	707	(i) Able-bodied adults aged 18 through 49 without dependents;
708	708	(ii) work registrants aged 50 through 59 without dependents not
709	709	exempt from 7 U.S.C. § 2015(d)(2); and
710	710	(iii) individuals who are not employed at least 30 hours per week.
711	711	(18) Eligibility for the food assistance program shall be limited to
712	712	those individuals who are citizens or who meet qualified non-citizen status
713	713	as determined by United States department of agriculture. Non-citizen
714	714	individuals who are unable or unwilling to provide qualifying immigrant
715	715	documentation, as defined by the United States department of agriculture,
716	716	residing within a household shall not be included when determining the
717	717	household's size for the purposes of assigning a benefit level to the
718	718	household for food assistance or comparing the household's monthly
719	719	income with the income eligibility standards. The gross non-exempt
720	720	earned and unearned income and resources of disqualified individuals shall
721	721	be counted in its entirety as available to the remaining household
722	722	members.
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766	766	(19) The secretary for children and families shall not enact the state
767	767	option from the United States department of agriculture for broad-based
768	768	categorical eligibility for households applying for food assistance
769	769	according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
770	770	(20) No federal or state funds shall be used for television, radio or
771	771	billboard advertisements that are designed to promote food assistance
772	772	benefits and enrollment. No federal or state funding shall be used for any
773	773	agreements with foreign governments designed to promote food
774	774	assistance.
775	775	(21) The secretary for children and families shall request a waiver
776	776	from the United States department of agriculture to exclude candy and soft
777	777	drinks from the definition of eligible foods under 7 C.F.R. § 271.2. If such
778	778	waiver is granted, the secretary shall prohibit the purchase of candy and
779	779	soft drinks with food assistance. If no such waiver is granted, the secretary
780	780	shall request such a waiver annually until such waiver is granted. For the
781	781	purposes of this paragraph:
782	782	(a) "Candy" means the same as defined in K.S.A. 79-3602c, and
783	783	amendments thereto; and
784	784	(b) "soft drinks" means the same as defined in K.S.A. 79-3602c, and
785	785	amendments thereto.
786	786	(22) (A) The secretary for children and families shall not apply gross
787	787	income standards for food assistance higher than the standards specified in
788	788	7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical
789	789	eligibility exempting households from such gross income standards
790	790	requirements shall not be granted for any non-cash, in-kind or other
791	791	benefit unless expressly required by federal law.
792	792	(B) The secretary for children and families shall not apply resource
793	793	limits standards for food assistance that are higher than the standards
794	794	specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
795	795	law. Categorical eligibility exempting households from such resource
796	796	limits shall not be granted for any non-cash, in-kind or other benefit unless
797	797	expressly required by federal law.
798	798	(c) (1) The Kansas department for children and families shall conduct
799	799	an electronic check for any false information provided on an application
800	800	for TANF and other benefits programs administered by the department.
801	801	For TANF cash assistance, food assistance and the child care subsidy
802	802	program, the department shall verify the identity of all adults in the
803	803	assistance household.
804	804	(2) The department of administration shall provide monthly to the
805	805	Kansas department for children and families the social security numbers or
806	806	alternate taxpayer identification numbers of all persons who claim a
807	807	Kansas lottery prize in excess of $5,000 during the reported month. The
808	808	Kansas department for children and families shall verify if individuals
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852	852	with such winnings are receiving TANF cash assistance, food assistance or
853	853	assistance under the child care subsidy program and take appropriate
854	854	action. The Kansas department for children and families shall use data
855	855	received under this subsection solely, and for no other purpose, to
856	856	determine if any recipient's eligibility for benefits has been affected by
857	857	lottery prize winnings. The Kansas department for children and families
858	858	shall not publicly disclose the identity of any lottery prize winner,
859	859	including recipients who are determined to have illegally received
860	860	benefits.
861	861	(d) Temporary assistance for needy families; assignment of support
862	862	rights and limited power of attorney. By applying for or receiving
863	863	temporary assistance for needy families such applicant or recipient shall be
864	864	deemed to have assigned to the secretary on behalf of the state any
865	865	accrued, present or future rights to support from any other person such
866	866	applicant may have in such person's own behalf or in behalf of any other
867	867	family member for whom the applicant is applying for or receiving aid. In
868	868	any case in which an order for child support has been established and the
869	869	legal custodian and obligee under the order surrenders physical custody of
870	870	the child to a caretaker relative without obtaining a modification of legal
871	871	custody and support rights on behalf of the child are assigned pursuant to
872	872	this section, the surrender of physical custody and the assignment shall
873	873	transfer, by operation of law, the child's support rights under the order to
874	874	the secretary on behalf of the state. Such assignment shall be of all
875	875	accrued, present or future rights to support of the child surrendered to the
876	876	caretaker relative. The assignment of support rights shall automatically
877	877	become effective upon the date of approval for or receipt of such aid
878	878	without the requirement that any document be signed by the applicant,
879	879	recipient or obligee. By applying for or receiving temporary assistance for
880	880	needy families, or by surrendering physical custody of a child to a
881	881	caretaker relative who is an applicant or recipient of such assistance on the
882	882	child's behalf, the applicant, recipient or obligee is also deemed to have
883	883	appointed the secretary, or the secretary's designee, as an attorney-in-fact
884	884	to perform the specific act of negotiating and endorsing all drafts, checks,
885	885	money orders or other negotiable instruments representing support
886	886	payments received by the secretary in behalf of any person applying for,
887	887	receiving or having received such assistance. This limited power of
888	888	attorney shall be effective from the date the secretary approves the
889	889	application for aid and shall remain in effect until the assignment of
890	890	support rights has been terminated in full.
891	891	(e) Requirements for medical assistance for which federal moneys or
892	892	state moneys or both are expended. (1) When the secretary has adopted a
893	893	medical care plan under which federal moneys or state moneys or both are
894	894	expended, medical assistance in accordance with such plan shall be
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938	938	granted to any person who is a citizen of the United States or who is an
939	939	alien lawfully admitted to the United States and who is residing in the state
940	940	of Kansas, whose resources and income do not exceed the levels
941	941	prescribed by the secretary. In determining the need of an individual, the
942	942	secretary may provide for income and resource exemptions and protected
943	943	income and resource levels. Resources from inheritance shall be counted.
944	944	A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
945	945	amendments thereto, shall constitute a transfer of resources. The secretary
946	946	shall exempt principal and interest held in irrevocable trust pursuant to
947	947	K.S.A. 16-303(c), and amendments thereto, from the eligibility
948	948	requirements of applicants for and recipients of medical assistance. Such
949	949	assistance shall be known as medical assistance.
950	950	(2) For the purposes of medical assistance eligibility determinations
951	951	on or after July 1, 2004, if an applicant or recipient owns property in joint
952	952	tenancy with some other party and the applicant or recipient of medical
953	953	assistance has restricted or conditioned their interest in such property to a
954	954	specific and discrete property interest less than 100%, then such
955	955	designation will cause the full value of the property to be considered an
956	956	available resource to the applicant or recipient. Medical assistance
957	957	eligibility for receipt of benefits under the title XIX of the social security
958	958	act, commonly known as medicaid, shall not be expanded, as provided for
959	959	in the patient protection and affordable care act, public law 111-148, 124
960	960	stat. 119, and the health care and education reconciliation act of 2010,
961	961	public law 111-152, 124 stat. 1029, unless the legislature expressly
962	962	consents to, and approves of, the expansion of medicaid services by an act
963	963	of the legislature.
964	964	(3) (A) Resources from trusts shall be considered when determining
965	965	eligibility of a trust beneficiary for medical assistance. Medical assistance
966	966	is to be secondary to all resources, including trusts, that may be available
967	967	to an applicant or recipient of medical assistance.
968	968	(B) If a trust has discretionary language, the trust shall be considered
969	969	to be an available resource to the extent, using the full extent of discretion,
970	970	the trustee may make any of the income or principal available to the
971	971	applicant or recipient of medical assistance. Any such discretionary trust
972	972	shall be considered an available resource unless:
973	973	(i) At the time of creation or amendment of the trust, the trust states a
974	974	clear intent that the trust is supplemental to public assistance; and
975	975	(ii) the trust is funded:
976	976	(a) From resources of a person who, at the time of such funding,
977	977	owed no duty of support to the applicant or recipient of medical assistance;
978	978	or
979	979	(b) not more than nominally from resources of a person while that
980	980	person owed a duty of support to the applicant or recipient of medical
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1024	1024	assistance.
1025	1025	(C) For the purposes of this paragraph, "public assistance" includes,
1026	1026	but is not limited to, medicaid, medical assistance or title XIX of the social
1027	1027	security act.
1028	1028	(4) (A) When an applicant or recipient of medical assistance is a party
1029	1029	to a contract, agreement or accord for personal services being provided by
1030	1030	a nonlicensed individual or provider and such contract, agreement or
1031	1031	accord involves health and welfare monitoring, pharmacy assistance, case
1032	1032	management, communication with medical, health or other professionals,
1033	1033	or other activities related to home health care, long term care, medical
1034	1034	assistance benefits, or other related issues, any moneys paid under such
1035	1035	contract, agreement or accord shall be considered to be an available
1036	1036	resource unless the following restrictions are met:
1037	1037	(i) The contract, agreement or accord must be in writing and executed
1038	1038	prior to any services being provided;
1039	1039	(ii) the moneys paid are in direct relationship with the fair market
1040	1040	value of such services being provided by similarly situated and trained
1041	1041	nonlicensed individuals;
1042	1042	(iii) if no similarly situated nonlicensed individuals or situations can
1043	1043	be found, the value of services will be based on federal hourly minimum
1044	1044	wage standards;
1045	1045	(iv) such individual providing the services shall report all receipts of
1046	1046	moneys as income to the appropriate state and federal governmental
1047	1047	revenue agencies;
1048	1048	(v) any amounts due under such contract, agreement or accord shall
1049	1049	be paid after the services are rendered;
1050	1050	(vi) the applicant or recipient shall have the power to revoke the
1051	1051	contract, agreement or accord; and
1052	1052	(vii) upon the death of the applicant or recipient, the contract,
1053	1053	agreement or accord ceases.
1054	1054	(B) When an applicant or recipient of medical assistance is a party to
1055	1055	a written contract for personal services being provided by a licensed health
1056	1056	professional or facility and such contract involves health and welfare
1057	1057	monitoring, pharmacy assistance, case management, communication with
1058	1058	medical, health or other professionals, or other activities related to home
1059	1059	health care, long term care, medical assistance benefits or other related
1060	1060	issues, any moneys paid in advance of receipt of services for such
1061	1061	contracts shall be considered to be an available resource.
1062	1062	(5) Any trust may be amended if such amendment is permitted by the
1063	1063	Kansas uniform trust code.
1064	1064	(f) Eligibility for medical assistance of resident receiving medical
1065	1065	care outside state. A person who is receiving medical care including long-
1066	1066	term care outside of Kansas whose health would be endangered by the
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1110	1110	postponement of medical care until return to the state or by travel to return
1111	1111	to Kansas, may be determined eligible for medical assistance if such
1112	1112	individual is a resident of Kansas and all other eligibility factors are met.
1113	1113	Persons who are receiving medical care on an ongoing basis in a long-term
1114	1114	medical care facility in a state other than Kansas and who do not return to
1115	1115	a care facility in Kansas when they are able to do so, shall no longer be
1116	1116	eligible to receive assistance in Kansas unless such medical care is not
1117	1117	available in a comparable facility or program providing such medical care
1118	1118	in Kansas. For persons who are minors or who are under guardianship, the
1119	1119	actions of the parent or guardian shall be deemed to be the actions of the
1120	1120	child or ward in determining whether or not the person is remaining
1121	1121	outside the state voluntarily.
1122	1122	(g) Medical assistance; assignment of rights to medical support and
1123	1123	limited power of attorney; recovery from estates of deceased recipients. (1)
1124	1124	(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
1125	1125	amendments thereto, or as otherwise authorized on and after September
1126	1126	30, 1989, under section 303 of the federal medicare catastrophic coverage
1127	1127	act of 1988, whichever is applicable, by applying for or receiving medical
1128	1128	assistance under a medical care plan in which federal funds are expended,
1129	1129	any accrued, present or future rights to support and any rights to payment
1130	1130	for medical care from a third party of an applicant or recipient and any
1131	1131	other family member for whom the applicant is applying shall be deemed
1132	1132	to have been assigned to the secretary on behalf of the state. The
1133	1133	assignment shall automatically become effective upon the date of approval
1134	1134	for such assistance without the requirement that any document be signed
1135	1135	by the applicant or recipient. By applying for or receiving medical
1136	1136	assistance the applicant or recipient is also deemed to have appointed the
1137	1137	secretary, or the secretary's designee, as an attorney-in-fact to perform the
1138	1138	specific act of negotiating and endorsing all drafts, checks, money orders
1139	1139	or other negotiable instruments, representing payments received by the
1140	1140	secretary in on behalf of any person applying for, receiving or having
1141	1141	received such assistance. This limited power of attorney shall be effective
1142	1142	from the date the secretary approves the application for assistance and
1143	1143	shall remain in effect until the assignment has been terminated in full. The
1144	1144	assignment of any rights to payment for medical care from a third party
1145	1145	under this subsection shall not prohibit a health care provider from directly
1146	1146	billing an insurance carrier for services rendered if the provider has not
1147	1147	submitted a claim covering such services to the secretary for payment.
1148	1148	Support amounts collected on behalf of persons whose rights to support
1149	1149	are assigned to the secretary only under this subsection and no other shall
1150	1150	be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
1151	1151	except that any amounts designated as medical support shall be retained by
1152	1152	the secretary for repayment of the unreimbursed portion of assistance.
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1196	1196	Amounts collected pursuant to the assignment of rights to payment for
1197	1197	medical care from a third party shall also be retained by the secretary for
1198	1198	repayment of the unreimbursed portion of assistance.
1199	1199	(B) Notwithstanding the provisions of subparagraph (A), the
1200	1200	secretary of health and environment, or the secretary's designee, is hereby
1201	1201	authorized to and shall exercise any of the powers specified in
1202	1202	subparagraph (A) in relation to performance of such secretary's duties
1203	1203	pertaining to medical subrogation, estate recovery or any other duties
1204	1204	assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
1205	1205	Annotated, and amendments thereto.
1206	1206	(2) The amount of any medical assistance paid after June 30, 1992,
1207	1207	under the provisions of subsection (e) is a claim against the property or
1208	1208	any interest therein belonging to and a part of the estate of any deceased
1209	1209	recipient or, if there is no estate, the estate of the surviving spouse, if any,
1210	1210	shall be charged for such medical assistance paid to either or both and a
1211	1211	claim against any funds of such recipient or spouse in any account under
1212	1212	K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
1213	1213	be no recovery of medical assistance correctly paid to or on behalf of an
1214	1214	individual under subsection (e) except after the death of the surviving
1215	1215	spouse of the individual, if any, and only at a time when the individual has
1216	1216	no surviving child who is under 21 years of age or is blind or permanently
1217	1217	and totally disabled. Transfers of real or personal property by recipients of
1218	1218	medical assistance without adequate consideration are voidable and may
1219	1219	be set aside. Except where there is a surviving spouse, or a surviving child
1220	1220	who is under 21 years of age or is blind or permanently and totally
1221	1221	disabled, the amount of any medical assistance paid under subsection (e) is
1222	1222	a claim against the estate in any guardianship or conservatorship
1223	1223	proceeding. The monetary value of any benefits received by the recipient
1224	1224	of such medical assistance under long-term care insurance, as defined by
1225	1225	K.S.A. 40-2227, and amendments thereto, shall be a credit against the
1226	1226	amount of the claim provided for such medical assistance under this
1227	1227	subsection. The secretary of health and environment is authorized to
1228	1228	enforce each claim provided for under this subsection. The secretary of
1229	1229	health and environment shall not be required to pursue every claim, but is
1230	1230	granted discretion to determine which claims to pursue. All moneys
1231	1231	received by the secretary of health and environment from claims under this
1232	1232	subsection shall be deposited in the social welfare fund. The secretary of
1233	1233	health and environment may adopt rules and regulations for the
1234	1234	implementation and administration of the medical assistance recovery
1235	1235	program under this subsection.
1236	1236	(3) By applying for or receiving medical assistance under the
1237	1237	provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
1238	1238	amendments thereto, such individual or such individual's agent, fiduciary,
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1282	1282	guardian, conservator, representative payee or other person acting on
1283	1283	behalf of the individual consents to the following definitions of estate and
1284	1284	the results therefrom:
1285	1285	(A) If an individual receives any medical assistance before July 1,
1286	1286	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1287	1287	and amendments thereto, which forms the basis for a claim under
1288	1288	paragraph (2), such claim is limited to the individual's probatable estate as
1289	1289	defined by applicable law; and
1290	1290	(B) if an individual receives any medical assistance on or after July 1,
1291	1291	2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,
1292	1292	and amendments thereto, which forms the basis for a claim under
1293	1293	paragraph (2), such claim shall apply to the individual's medical assistance
1294	1294	estate. The medical assistance estate is defined as including all real and
1295	1295	personal property and other assets in which the deceased individual had
1296	1296	any legal title or interest immediately before or at the time of death to the
1297	1297	extent of that interest or title. The medical assistance estate includes
1298	1298	without limitation, assets conveyed to a survivor, heir or assign of the
1299	1299	deceased recipient through joint tenancy, tenancy in common,
1300	1300	survivorship, transfer-on-death deed, payable-on-death contract, life estate,
1301	1301	trust, annuities or similar arrangement.
1302	1302	(4) The secretary of health and environment or the secretary's
1303	1303	designee is authorized to file and enforce a lien against the real property of
1304	1304	a recipient of medical assistance in certain situations, subject to all prior
1305	1305	liens of record and transfers for value to a bona fide purchaser of record.
1306	1306	The lien must be filed in the office of the register of deeds of the county
1307	1307	where the real property is located within one year from the date of death of
1308	1308	the recipient and must contain the legal description of all real property in
1309	1309	the county subject to the lien.
1310	1310	(A) After the death of a recipient of medical assistance, the secretary
1311	1311	of health and environment or the secretary's designee may place a lien on
1312	1312	any interest in real property owned by such recipient.
1313	1313	(B) The secretary of health and environment or the secretary's
1314	1314	designee may place a lien on any interest in real property owned by a
1315	1315	recipient of medical assistance during the lifetime of such recipient. Such
1316	1316	lien may be filed only after notice and an opportunity for a hearing has
1317	1317	been given. Such lien may be enforced only upon competent medical
1318	1318	testimony that the recipient cannot reasonably be expected to be
1319	1319	discharged and returned home. A six-month period of compensated
1320	1320	inpatient care at a nursing home or other medical institution shall
1321	1321	constitute a determination by the department of health and environment
1322	1322	that the recipient cannot reasonably be expected to be discharged and
1323	1323	returned home. To return home means the recipient leaves the nursing or
1324	1324	medical facility and resides in the home on which the lien has been placed
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1368	1368	for a continuous period of at least 90 days without being readmitted as an
1369	1369	inpatient to a nursing or medical facility. The amount of the lien shall be
1370	1370	for the amount of assistance paid by the department of health and
1371	1371	environment until the time of the filing of the lien and for any amount paid
1372	1372	thereafter for such medical assistance to the recipient. After the lien is filed
1373	1373	against any real property owned by the recipient, such lien will be
1374	1374	dissolved if the recipient is discharged, returns home and resides upon the
1375	1375	real property to which the lien is attached for a continuous period of at
1376	1376	least 90 days without being readmitted as an inpatient to a nursing or
1377	1377	medical facility. If the recipient is readmitted as an inpatient to a nursing or
1378	1378	medical facility for a continuous period of less than 90 days, another
1379	1379	continuous period of at least 90 days shall be completed prior to
1380	1380	dissolution of the lien.
1381	1381	(5) The lien filed by the secretary of health and environment or the
1382	1382	secretary's designee for medical assistance correctly received may be
1383	1383	enforced before or after the death of the recipient by the filing of an action
1384	1384	to foreclose such lien in the Kansas district court or through an estate
1385	1385	probate court action in the county where the real property of the recipient
1386	1386	is located. However, it may be enforced only:
1387	1387	(A) After the death of the surviving spouse of the recipient;
1388	1388	(B) when there is no child of the recipient, natural or adopted, who is
1389	1389	20 years of age or less residing in the home;
1390	1390	(C) when there is no adult child of the recipient, natural or adopted,
1391	1391	who is blind or disabled residing in the home; or
1392	1392	(D) when no brother or sister of the recipient is lawfully residing in
1393	1393	the home, who has resided there for at least one year immediately before
1394	1394	the date of the recipient's admission to the nursing or medical facility, and
1395	1395	has resided there on a continuous basis since that time.
1396	1396	(6) The lien remains on the property even after a transfer of the title
1397	1397	by conveyance, sale, succession, inheritance or will unless one of the
1398	1398	following events occur:
1399	1399	(A) The lien is satisfied. The recipient, the heirs, personal
1400	1400	representative or assigns of the recipient may discharge such lien at any
1401	1401	time by paying the amount of the lien to the secretary of health and
1402	1402	environment or the secretary's designee;
1403	1403	(B) the lien is terminated by foreclosure of prior lien of record or
1404	1404	settlement action taken in lieu of foreclosure; or
1405	1405	(C) the value of the real property is consumed by the lien, at which
1406	1406	time the secretary of health and environment or the secretary's designee
1407	1407	may force the sale for the real property to satisfy the lien.
1408	1408	(7) If the secretary for aging and disability services or the secretary of
1409	1409	health and environment, or both, or such secretary's designee has not filed
1410	1410	an action to foreclose the lien in the Kansas district court in the county
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1453	1453	43 SB 79 18
1454	1454	where the real property is located within 10 years from the date of the
1455	1455	filing of the lien, then the lien shall become dormant, and shall cease to
1456	1456	operate as a lien on the real estate of the recipient. Such dormant lien may
1457	1457	be revived in the same manner as a dormant judgment lien is revived under
1458	1458	K.S.A. 60-2403 et seq., and amendments thereto.
1459	1459	(8) Within seven days of receipt of notice by the secretary for
1460	1460	children and families or the secretary's designee of the death of a recipient
1461	1461	of medical assistance under this subsection, the secretary for children and
1462	1462	families or the secretary's designee shall give notice of such recipient's
1463	1463	death to the secretary of health and environment or the secretary's
1464	1464	designee.
1465	1465	(9) All rules and regulations adopted on and after July 1, 2013, and
1466	1466	prior to July 1, 2014, to implement this subsection shall continue to be
1467	1467	effective and shall be deemed to be duly adopted rules and regulations of
1468	1468	the secretary of health and environment until revised, amended, revoked or
1469	1469	nullified pursuant to law.
1470	1470	(h) Placement under the revised Kansas code for care of children or
1471	1471	revised Kansas juvenile justice code; assignment of support rights and
1472	1472	limited power of attorney. In any case in which the secretary for children
1473	1473	and families pays for the expenses of care and custody of a child pursuant
1474	1474	to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
1475	1475	including the expenses of any foster care placement, an assignment of all
1476	1476	past, present and future support rights of the child in custody possessed by
1477	1477	either parent or other person entitled to receive support payments for the
1478	1478	child is, by operation of law, conveyed to the secretary. Such assignment
1479	1479	shall become effective upon placement of a child in the custody of the
1480	1480	secretary or upon payment of the expenses of care and custody of a child
1481	1481	by the secretary without the requirement that any document be signed by
1482	1482	the parent or other person entitled to receive support payments for the
1483	1483	child. When the secretary pays for the expenses of care and custody of a
1484	1484	child or a child is placed in the custody of the secretary, the parent or other
1485	1485	person entitled to receive support payments for the child is also deemed to
1486	1486	have appointed the secretary, or the secretary's designee, as attorney in fact
1487	1487	to perform the specific act of negotiating and endorsing all drafts, checks,
1488	1488	money orders or other negotiable instruments representing support
1489	1489	payments received by the secretary on behalf of the child. This limited
1490	1490	power of attorney shall be effective from the date the assignment to
1491	1491	support rights becomes effective and shall remain in effect until the
1492	1492	assignment of support rights has been terminated in full.
1493	1493	(i) No person who voluntarily quits employment or who is fired from
1494	1494	employment due to gross misconduct as defined by rules and regulations
1495	1495	of the secretary or who is a fugitive from justice by reason of a felony
1496	1496	conviction or charge or violation of a condition of probation or parole
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1539	1539	43 SB 79 19
1540	1540	imposed under federal or state law shall be eligible to receive public
1541	1541	assistance benefits in this state. Any recipient of public assistance who
1542	1542	fails to timely comply with monthly reporting requirements under criteria
1543	1543	and guidelines prescribed by rules and regulations of the secretary shall be
1544	1544	subject to a penalty established by the secretary by rules and regulations.
1545	1545	(j) If the applicant or recipient of temporary assistance for needy
1546	1546	families is a mother of the dependent child, as a condition of the mother's
1547	1547	eligibility for temporary assistance for needy families the mother shall
1548	1548	identify by name and, if known, by current address the father of the
1549	1549	dependent child except that the secretary may adopt by rules and
1550	1550	regulations exceptions to this requirement in cases of undue hardship. Any
1551	1551	recipient of temporary assistance for needy families who fails to cooperate
1552	1552	with requirements relating to child support services under criteria and
1553	1553	guidelines prescribed by rules and regulations of the secretary shall be
1554	1554	subject to a penalty established by the secretary.
1555	1555	(k) By applying for or receiving child care subsidy or food assistance,
1556	1556	the applicant or recipient shall be deemed to have assigned, pursuant to
1557	1557	K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
1558	1558	state only accrued, present or future rights to support from any other
1559	1559	person such applicant may have in such person's own behalf or in behalf of
1560	1560	any other family member for whom the applicant is applying for or
1561	1561	receiving aid. The assignment of support rights shall automatically become
1562	1562	effective upon the date of approval for or receipt of such aid without the
1563	1563	requirement that any document be signed by the applicant or recipient. By
1564	1564	applying for or receiving child care subsidy or food assistance, the
1565	1565	applicant or recipient is also deemed to have appointed the secretary, or the
1566	1566	secretary's designee, as an attorney in fact to perform the specific act of
1567	1567	negotiating and endorsing all drafts, checks, money orders or other
1568	1568	negotiable instruments representing support payments received by the
1569	1569	secretary in behalf of any person applying for, receiving or having
1570	1570	received such assistance. This limited power of attorney shall be effective
1571	1571	from the date the secretary approves the application for aid and shall
1572	1572	remain in effect until the assignment of support rights has been terminated
1573	1573	in full. An applicant or recipient who has assigned support rights to the
1574	1574	secretary pursuant to this subsection shall cooperate in establishing and
1575	1575	enforcing support obligations to the same extent required of applicants for
1576	1576	or recipients of temporary assistance for needy families.
1577	1577	(l) (1) A program of drug screening for applicants for cash assistance
1578	1578	as a condition of eligibility for cash assistance and persons receiving cash
1579	1579	assistance as a condition of continued receipt of cash assistance shall be
1580	1580	established, subject to applicable federal law, by the secretary for children
1581	1581	and families on and before January 1, 2014. Under such program of drug
1582	1582	screening, the secretary for children and families shall order a drug
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1625	1625	43 SB 79 20
1626	1626	screening of an applicant for or a recipient of cash assistance at any time
1627	1627	when reasonable suspicion exists that such applicant for or recipient of
1628	1628	cash assistance is unlawfully using a controlled substance or controlled
1629	1629	substance analog. The secretary for children and families may use any
1630	1630	information obtained by the secretary for children and families to
1631	1631	determine whether such reasonable suspicion exists, including, but not
1632	1632	limited to, an applicant's or recipient's demeanor, missed appointments and
1633	1633	arrest or other police records, previous employment or application for
1634	1634	employment in an occupation or industry that regularly conducts drug
1635	1635	screening, termination from previous employment due to unlawful use of a
1636	1636	controlled substance or controlled substance analog or prior drug screening
1637	1637	records of the applicant or recipient indicating unlawful use of a controlled
1638	1638	substance or controlled substance analog.
1639	1639	(2) Any applicant for or recipient of cash assistance whose drug
1640	1640	screening results in a positive test may request that the drug screening
1641	1641	specimen be sent to a different drug testing facility for an additional drug
1642	1642	screening. Any applicant for or recipient of cash assistance who requests
1643	1643	an additional drug screening at a different drug testing facility shall be
1644	1644	required to pay the cost of drug screening. Such applicant or recipient who
1645	1645	took the additional drug screening and who tested negative for unlawful
1646	1646	use of a controlled substance and controlled substance analog shall be
1647	1647	reimbursed for the cost of such additional drug screening.
1648	1648	(3) Any applicant for or recipient of cash assistance who tests
1649	1649	positive for unlawful use of a controlled substance or controlled substance
1650	1650	analog shall be required to complete a substance abuse treatment program
1651	1651	approved by the secretary for children and families, secretary of labor or
1652	1652	secretary of commerce, and a job skills program approved by the secretary
1653	1653	for children and families, secretary of labor or secretary of commerce.
1654	1654	Subject to applicable federal laws, any applicant for or recipient of cash
1655	1655	assistance who fails to complete or refuses to participate in the substance
1656	1656	abuse treatment program or job skills program as required under this
1657	1657	subsection shall be ineligible to receive cash assistance until completion of
1658	1658	such substance abuse treatment and job skills programs. Upon completion
1659	1659	of both substance abuse treatment and job skills programs, such applicant
1660	1660	for or recipient of cash assistance may be subject to periodic drug
1661	1661	screening, as determined by the secretary for children and families. Upon a
1662	1662	second positive test for unlawful use of a controlled substance or
1663	1663	controlled substance analog, a recipient of cash assistance shall be ordered
1664	1664	to complete again a substance abuse treatment program and job skills
1665	1665	program, and shall be terminated from cash assistance for a period of 12
1666	1666	months, or until such recipient of cash assistance completes both substance
1667	1667	abuse treatment and job skills programs, whichever is later. Upon a third
1668	1668	positive test for unlawful use of a controlled substance or controlled
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1711	1711	43 SB 79 21
1712	1712	substance analog, a recipient of cash assistance shall be terminated from
1713	1713	cash assistance, subject to applicable federal law.
1714	1714	(4) If an applicant for or recipient of cash assistance is ineligible for
1715	1715	or terminated from cash assistance as a result of a positive test for
1716	1716	unlawful use of a controlled substance or controlled substance analog, and
1717	1717	such applicant for or recipient of cash assistance is the parent or legal
1718	1718	guardian of a minor child, an appropriate protective payee shall be
1719	1719	designated to receive cash assistance on behalf of such child. Such parent
1720	1720	or legal guardian of the minor child may choose to designate an individual
1721	1721	to receive cash assistance for such parent's or legal guardian's minor child,
1722	1722	as approved by the secretary for children and families. Prior to the
1723	1723	designated individual receiving any cash assistance, the secretary for
1724	1724	children and families shall review whether reasonable suspicion exists that
1725	1725	such designated individual is unlawfully using a controlled substance or
1726	1726	controlled substance analog.
1727	1727	(A) In addition, any individual designated to receive cash assistance
1728	1728	on behalf of an eligible minor child shall be subject to drug screening at
1729	1729	any time when reasonable suspicion exists that such designated individual
1730	1730	is unlawfully using a controlled substance or controlled substance analog.
1731	1731	The secretary for children and families may use any information obtained
1732	1732	by the secretary for children and families to determine whether such
1733	1733	reasonable suspicion exists, including, but not limited to, the designated
1734	1734	individual's demeanor, missed appointments and arrest or other police
1735	1735	records, previous employment or application for employment in an
1736	1736	occupation or industry that regularly conducts drug screening, termination
1737	1737	from previous employment due to unlawful use of a controlled substance
1738	1738	or controlled substance analog or prior drug screening records of the
1739	1739	designated individual indicating unlawful use of a controlled substance or
1740	1740	controlled substance analog.
1741	1741	(B) Any designated individual whose drug screening results in a
1742	1742	positive test may request that the drug screening specimen be sent to a
1743	1743	different drug testing facility for an additional drug screening. Any
1744	1744	designated individual who requests an additional drug screening at a
1745	1745	different drug testing facility shall be required to pay the cost of drug
1746	1746	screening. Such designated individual who took the additional drug
1747	1747	screening and who tested negative for unlawful use of a controlled
1748	1748	substance and controlled substance analog shall be reimbursed for the cost
1749	1749	of such additional drug screening.
1750	1750	(C) Upon any positive test for unlawful use of a controlled substance
1751	1751	or controlled substance analog, the designated individual shall not receive
1752	1752	cash assistance on behalf of the parent's or legal guardian's minor child,
1753	1753	and another designated individual shall be selected by the secretary for
1754	1754	children and families to receive cash assistance on behalf of such parent's
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1798	1798	or legal guardian's minor child.
1799	1799	(5) If a person has been convicted under federal or state law of any
1800	1800	offense that is classified as a felony by the law of the jurisdiction and has
1801	1801	as an element of such offense the manufacture, cultivation, distribution,
1802	1802	possession or use of a controlled substance or controlled substance analog,
1803	1803	and the date of conviction is on or after July 1, 2013, such person shall
1804	1804	thereby become forever ineligible to receive any cash assistance under this
1805	1805	subsection unless such conviction is the person's first conviction. First-
1806	1806	time offenders convicted under federal or state law of any offense that is
1807	1807	classified as a felony by the law of the jurisdiction and has as an element
1808	1808	of such offense the manufacture, cultivation, distribution, possession or
1809	1809	use of a controlled substance or controlled substance analog, and the date
1810	1810	of conviction is on or after July 1, 2013, such person shall become
1811	1811	ineligible to receive cash assistance for five years from the date of
1812	1812	conviction.
1813	1813	(6) Except for hearings before the Kansas department for children
1814	1814	and families, the results of any drug screening administered as part of the
1815	1815	drug screening program authorized by this subsection shall be confidential
1816	1816	and shall not be disclosed publicly.
1817	1817	(7) The secretary for children and families may adopt such rules and
1818	1818	regulations as are necessary to carry out the provisions of this subsection.
1819	1819	(8) Any authority granted to the secretary for children and families
1820	1820	under this subsection shall be in addition to any other penalties prescribed
1821	1821	by law.
1822	1822	(9) As used in this subsection:
1823	1823	(A) "Cash assistance" means cash assistance provided to individuals
1824	1824	under the provisions of article 7 of chapter 39 of the Kansas Statutes
1825	1825	Annotated, and amendments thereto, and any rules and regulations adopted
1826	1826	pursuant to such provisions.
1827	1827	(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
1828	1828	amendments thereto, and 21 U.S.C. § 802.
1829	1829	(C) "Controlled substance analog" means the same as in K.S.A. 21-
1830	1830	5701, and amendments thereto.
1831	1831	Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
1832	1832	Sec. 3. This act shall take effect and be in force from and after its
1833	1833	publication in the statute book.
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