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AN ACT relating to public assistance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 3
READ AS FOLLOWS: 4
For the purposes of Sections 3, 12, 15, 16, 17, 18, and 20 of this Act, unless context 5
requires otherwise: 6
(1) "Cash assistance": 7
(a) Means cash benefits provided under this chapter, including via an 8
electronic benefit transfer card; and 9
(b) Does not include foster care payments, kinship care payments, fictive kin 10
care payments, or relative placement payments made by the cabinet; and 11
(2) "Public Assistance" has the same meaning as in KRS 205.010 but does not 12
include foster care payments, kinship care payments, fictive kin care payments, or 13
relative placement payments made by the cabinet. 14
SECTION 2. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) Within ninety (90) days of the effective date of this Act and in each biennium 17
thereafter, the cabinet shall conduct an analysis of state expenditures related to 18
the provisions of services, support, and assistance under 42 U.S.C. sec. 601 et seq. 19
The analysis conducted pursuant to this section shall include identification of 20
any unobligated funds and actions necessary to access those funds. 21
(2) If the cabinet, through the analysis required by this section, identifies any 22
unobligated funds, allocation of those funds shall prioritize: 23
(a) The provision of prevention services for families at risk of entering the child 24
welfare system; and 25
(b) Additional work supports and supportive services as permitted under 42 26
U.S.C. sec. 601 et seq. 27 UNOFFICIAL COPY 22 RS BR 927
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SECTION 3. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) As used in this section: 3
(a) "Alcoholic beverage" has the same meaning as in KRS 241.010; 4
(b) "Cash recipient of public assistance benefits" means any individual who 5
receives cash assistance via an electronic benefit transfer card or any other 6
form of cash assistance under Title IV of the Social Security Act, the 7
Supplemental Nutrition Assistance Program, or any other public assistance 8
program administered by the cabinet; 9
(c) "Tobacco product" has the same meaning as in KRS 438.305; and 10
(d) "Vapor product" has the same meaning as in KRS 438.305. 11
(2) A cash recipient of public assistance benefits shall not use any portion of his or 12
her benefits to purchase alcoholic beverages, tobacco products, vapor products, 13
or lottery tickets, or to purchase any goods or services in a casino, an 14
establishment that provides adult-oriented entertainment in which performers 15
disrobe or perform in an unclothed state, a tattoo or body piercing facility, or a 16
retail establishment the primary purpose of which is the sale of alcoholic 17
beverages, tobacco products, or vapor products. 18
(3) If a cash recipient of public assistance benefits uses an automated teller machine 19
or any other means or device to withdraw cash using an electronic benefit 20
transfer card issued by the cabinet, that cash may only be used for goods and 21
services necessary for the welfare of the family, including but not limited to food, 22
clothing, housing, utilities, child care, transportation, medicine, and medical 23
supplies. 24
(4) Any person who violates subsection (2) or (3) of this section shall be subject to the 25
following sanctions: 26
(a) Upon the first violation, the recipient shall be disqualified from receiving 27 UNOFFICIAL COPY 22 RS BR 927
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public assistance benefits by means of a direct cash payment or an 1
electronic benefits transfer card for one (1) month; 2
(b) Upon the second violation, the recipient shall be disqualified from receiving 3
public assistance benefits by means of a direct cash payment or an 4
electronic benefits transfer card for three (3) months; and 5
(c) Upon the third violation, the recipient shall be disqualified from receiving 6
public assistance benefits by means of a direct cash payment or an 7
electronic benefits transfer card for a period of five (5) years. 8
(5) The cabinet shall: 9
(a) Within ninety (90) days after the effective date of this Act, begin utilizing a 10
single electronic benefit transfer card for each cash recipient of public 11
assistance benefits regardless of in which public assistance program the 12
individual is enrolled; 13
(b) Through any means practical, inform all applicants for and cash recipients 14
of public assistance benefits of the restrictions and sanctions contained in 15
this section; 16
(c) Monitor the use of electronic benefit transfer cards to withdraw cash and 17
investigate cases in which it believes cash benefits may be being used in 18
violation of subsection (3) of this section; and 19
(d) Within ninety (90) days after the effective date of this Act, promulgate 20
administrative regulations in accordance with KRS Chapter 13A necessary 21
to administer this section. 22
(6) Subsection 5(a) of this section shall not apply to foster care payments, kinship 23
care payments, fictive kin care payments, or relative placement payments made by 24
the cabinet. 25
SECTION 4. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 22 RS BR 927
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(1) The General Assembly hereby affirms the mission of the Supplemental Nutrition 1
Assistance Program, formerly known as the federal food stamp program, to 2
supplement the food budgets of needy families so that they can purchase healthy 3
food and move toward self-sufficiency. To that end, the General Assembly 4
recommends that Supplemental Nutrition Assistance Program beneficiaries use 5
at least seventy-five percent (75%) of their monthly benefits to purchase healthy 6
foods, including fresh fruits, fresh vegetables, and whole grains, and that 7
beneficiaries utilize the Kentucky Double Dollars program to enhance the 8
purchasing power of their Supplemental Nutrition Assistance Program benefits 9
by purchasing fresh produce from local farmers' markets. 10
(2) To the extent that surplus Supplemental Nutrition Assistance Program Education 11
funds are available at the end of each federal fiscal year, the cabinet shall 12
coordinate with the Department of Agriculture to provide support to expand 13
access by Supplemental Nutrition Assistance Program beneficiaries to farmers' 14
markets across the Commonwealth. 15
SECTION 5. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 16
READ AS FOLLOWS: 17
In order to improve access to the Supplemental Nutrition Assistance Program, reduce 18
administrative costs associated with the program, and enhance program integrity, the 19
cabinet shall, within ninety (90) days after the effective date of this Act: 20
(1) Establish a transitional benefit alternative as described in 7 C.F.R. secs. 273.26 to 21
273.32; 22
(2) Request a waiver from the United States Department of Agriculture to 23
implement: 24
(a) An Elderly Simplified Application Project for individuals who have no 25
earned income and who are over sixty (60) years of age or who are 26
disabled; and 27 UNOFFICIAL COPY 22 RS BR 927
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(b) A standard medical deduction waiver for individuals who are over 1
sixty (60) years of age or are disabled; 2
(3) Establish procedures to allow Supplemental Nutrition Assistance Program 3
beneficiaries to recertify eligibility online; 4
(4) Request a waiver from the United States Department of Agriculture relating to 5
Supplemental Nutrition Assistance time limit exception established in 7 C.F.R. 6
sec. 273.24(c)(4); 7
(5) Require all households receiving Supplemental Nutrition Assistance benefits, 8
except for those households described in subsection (2) of this section, to comply 9
with the certified change reporting requirements established in 7 C.F.R. sec. 10
273.12(a); and 11
(6) Promulgate administrative regulations in accordance with KRS Chapter 13A 12
necessary for the purpose of carrying out this section. 13
SECTION 6. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) If at any time after the effective date of this Act, fifty percent (50%) or more of the 16
general fund budget request for the provision of services under the state's 17
medical assistance program is needed to provide the state match required to 18
support the expanded Medicaid population, the cabinet, to the extent permitted 19
under federal law, shall implement a community engagement program that 20
requires all able-bodied adults without dependents who have been in the state's 21
medical assistance program for more than twelve (12) months to participate in at 22
least eighty (80) hours of qualifying activities each month. 23
(2) If the cabinet implements a community engagement program pursuant to 24
subsection (1) of this section, the program shall utilize the requirements 25
established in 7 C.F.R. sec. 273.24. 26
(3) As used in this section: 27 UNOFFICIAL COPY 22 RS BR 927
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(a) "Able-bodied adult without dependents" means an individual who is: 1
1. Over eighteen (18) years of age but under sixty (60) years of age; 2
2. Physically and mentally able to work as determined by the cabinet; 3
and 4
3. Not primarily responsible for the care of a dependent child under the 5
age of eighteen (18) or a dependent disabled adult relative; and 6
(b) "Expanded Medicaid population" means individuals made eligible for 7
Medicaid pursuant to Pub. L. No. 111-148. 8
SECTION 7. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 9
READ AS FOLLOWS: 10
Notwithstanding any provision of law to the contrary, the cabinet shall not exercise the 11
state's option to develop a basic health program as permitted under 42 U.S.C. sec. 12
18051 without first obtaining specific authorization from the General Assembly to do 13
so. 14
SECTION 8. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 15
READ AS FOLLOWS: 16
When the Department for Medicaid Services receives federal funding for the state's 17
medical assistance program which is contingent on temporary maintenance of effort 18
restrictions, such as those restrictions imposed under Pub. L. No. 116-127 sec. 6008, or 19
is, for any reason, limited in its ability to disenroll individuals from the state's medical 20
assistance program, the department shall: 21
(1) (a) Continue to conduct eligibility redeterminations as in the normal course of 22
business; and 23
(b) Act on those redeterminations to the fullest extent permitted under federal 24
law; and 25
(2) Within sixty (60) days after the expiration of any federally imposed restrictions, 26
complete a full audit in which the department shall: 27 UNOFFICIAL COPY 22 RS BR 927
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(a) Complete and act on eligibility redeterminations for all cases that have not 1
had a redetermination within the previous twelve (12) months; and 2
(b) 1. Request approval from the federal Centers for Medicare and Medicaid 3
Services to conduct and act on eligibility redeterminations for each 4
individual who was enrolled during the period of federally imposed 5
restrictions and has been enrolled for more than three (3) months. 6
2. If the department receives the federal approval requested pursuant to 7
this paragraph, the department shall, within sixty (60) days of 8
receiving federal approval, conduct and act on eligibility 9
determinations for individuals described in subparagraph (1) of this 10
paragraph. 11
SECTION 9. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 12
READ AS FOLLOWS: 13
Unless expressly required under federal law, neither the cabinet nor the Department 14
for Medicaid Services shall be designated as a qualified health entity for the purpose of 15
making presumptive eligibility determinations for the state's medical assistance 16
program. 17
SECTION 10. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) When making presumptive eligibility determinations for the state's medical 20
assistance program, it shall be the responsibility of a hospital to: 21
(a) Notify the Department for Medicaid Services of each presumptive eligibility 22
determination within five (5) business days from the date the determination 23
was made; 24
(b) Assist individuals determined to be presumptively eligible with completing 25
and submitting a full Medicaid application; 26
(c) Notify the presumptively eligible individual in writing and on all relevant 27 UNOFFICIAL COPY 22 RS BR 927
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forms, in plain language and large print, that if he or she does not file a full 1
Medicaid application with the department before the last day of the 2
following month, presumptive eligibility will end on that day; and 3
(d) Notify the presumptively eligible individual that if he or she files a full 4
Medicaid application with the department before the last day of the 5
following month, presumptive eligibility coverage will continue until an 6
eligibility determination is made on the application. 7
(2) The Department for Medicaid Services shall use the following standards to 8
ensure an accurate presumptive eligibility determination for each presumptive 9
eligibility determination made by a hospital: 10
(a) The hospital notified the department by submitting a Medicaid presumptive 11
eligibility card to the department within five (5) business days from the date 12
of determination; 13
(b) A full Medicaid application was completed by the presumptively eligible 14
individual and received by the department before the expiration of the 15
presumptive eligibility period; and 16
(c) If a full Medicaid application was received by the department, the individual 17
was determined to be eligible for full Medicaid coverage. 18
(3) (a) The first time a hospital fails to meet any of the standards established in 19
subsection (2) of this section for any presumptive eligibility determination 20
made by the hospital during the previous twelve (12) months, the 21
Department for Medicaid Services shall notify the hospital, in writing and 22
within five (5) business days from when the standard was not met, of the 23
following: 24
1. A description of the standard that was not met and an explanation of 25
how it was not met; and 26
2. Confirmation that a second finding of failure to meet any of the 27 UNOFFICIAL COPY 22 RS BR 927
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standards established in subsection (2) of this section during the next 1
twelve (12) months will result in a requirement that all applicable 2
hospital staff participate in mandatory training on hospital 3
presumptive eligibility rules and regulations to be conducted by the 4
department. 5
(b) The second time a hospital fails to meet any of the standards established in 6
subsection (2) of this section for any presumptive eligibility determination 7
made by the hospital in a twelve (12) month period, the Department for 8
Medicaid Services shall notify the hospital, in writing and within five (5) 9
business days from when the standard was not met, of the following: 10
1. A description of the standard that was not met and an explanation of 11
how it was not met; 12
2. Confirmation that all applicable hospital staff will be required to 13
participate in mandatory training on hospital presumptive eligibility 14
rules and regulations to be conducted by the department, including the 15
date, time, and location of the training as determined by the 16
department; 17
3. A description of available appellate procedures by which the hospital 18
may dispute the finding of failure and remove the finding by providing 19
clear and convincing evidence that the standard was met; and 20
4. Confirmation that if the hospital again fails to meet the standards 21
established in subsection (2) of this section during the next twelve (12) 22
months, the hospital will no longer be permitted to make presumptive 23
eligibility determinations. 24
(c) The third time a hospital fails to meet any of the standards established in 25
subsection (2) of this section for any presumptive eligibility determination 26
made by the hospital in a twelve (12) month period, the Department for 27 UNOFFICIAL COPY 22 RS BR 927
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Medicaid Services shall notify the hospital, in writing and within five (5) 1
business days from when the standard was not met, of the following: 2
1. A description of the standard that was not met and an explanation of 3
how it was not met; 4
2. A description of available appellate procedures by which the hospital 5
may dispute the finding of failure and remove the finding by providing 6
clear and convincing evidence that the standard was met; and 7
4. Confirmation that, effective immediately, the hospital is no longer 8
permitted to make presumptive eligibility determinations. 9
(4) Within ninety (90) days after the effective date of this Act, the cabinet shall, in 10
accordance with KRS Chapter 13A, promulgate administrative regulations 11
necessary for the purpose of carrying out this section. 12
SECTION 11. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 13
READ AS FOLLOWS: 14
To the extent permitted under federal law, the state's medical assistance program shall 15
provide coverage for substance use disorder treatment, including peer support services 16
and substance use disorder treatment and patient navigation provided by a licensed 17
clinical social worker, for incarcerated individuals. 18
SECTION 12. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) If a custodial parent of a dependent child is disqualified from receiving cash 21
assistance benefits pursuant to Section 3 or 17 of this Act, the dependent child's 22
eligibility and any other adult family member's eligibility for cash assistance 23
benefits shall not be affected, and the custodial parent may choose to designate 24
another person as a protective payee to receive benefits on behalf of the 25
dependent child. The protective payee shall be an adult immediate family member 26
of the dependent child, if such a person is available. The protective payee shall be 27 UNOFFICIAL COPY 22 RS BR 927
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approved by the cabinet. 1
(2) Within ninety (90) days after the effective date of this Act, the cabinet shall 2
promulgate administrative regulations, in accordance with KRS Chapter 13A, 3
necessary for the purpose of carrying out this section. 4
SECTION 13. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 5
READ AS FOLLOWS: 6
The Cabinet for Health and Family Services shall report to the Public Assistance 7
Oversight and Advisory Committee, established in Section 15 of this Act, on efforts to 8
implement Sections 2, 3, 5, 7, 8, 9, 10, 11, 12, 16, 17, 20, 22, 23, 24, and 28 of this Act 9
no later than December 1, 2022, within one (1) year after the effective date of this Act, 10
and at any time thereafter upon request from the Public Assistance Oversight and 11
Advisory Committee or any other legislative committee. 12
SECTION 14. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 13
READ AS FOLLOWS: 14
The Attorney General shall: 15
(1) On behalf of the Commonwealth of Kentucky, have jurisdiction to enforce this 16
chapter; and 17
(2) Bring an action against the Cabinet for Health and Family Services if any 18
provision of Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 20, 22, 23, 24, and 28 19
are not fully implemented as required by this Act. 20
Section 15. KRS 6.940 is amended to read as follows: 21
(1) There is hereby established a Public Assistance[Medicaid] Oversight and Advisory 22
Committee, consisting of ten (10) members appointed as follows: four (4) members 23
of the Senate appointed by the President of the Senate; one (1) member of the 24
minority party in the Senate appointed by the Minority Floor Leader in the Senate; 25
four (4) members of the House of Representatives appointed by the Speaker of the 26
House of Representatives; and one (1) member of the minority party in the House of 27 UNOFFICIAL COPY 22 RS BR 927
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Representatives appointed by the Minority Floor Leader in the House of 1
Representatives. 2
(2) Members appointed from each chamber shall elect one (1) member from their 3
chamber to serve as co-chair. The co-chairs shall have joint responsibilities for 4
committee meeting agendas and presiding at committee meetings. 5
(3) The committee shall meet at least four (4) times annually. 6
(4) The committee[ and] shall provide oversight on the implementation and 7
administration of all public assistance programs[Medicaid] within the 8
Commonwealth, including access to services and benefits, utilization of services 9
and benefits, quality of services and benefits, and cost containment. The committee 10
shall also examine strategies to promote participation in the workforce by public 11
assistance beneficiaries. 12
(5)[(2)] A majority of the entire membership of the Public Assistance[Medicaid] 13
Oversight and Advisory Committee shall constitute a quorum, and all actions of the 14
committee shall be by vote of a majority of its entire membership. 15
Section 16. KRS 205.178 is amended to read as follows: 16
(1) At a regularly scheduled interval, each enrollment or benefit tracking agency 17
associated with the Medicaid program or the Supplemental Nutrition Assistance 18
Program [food stamps program ]of the cabinet shall receive and review information 19
from the Kentucky Lottery Corporation concerning individuals enrolled as 20
recipients in the Medicaid program or the Supplemental Nutrition Assistance 21
Program[food stamps program] that indicates a change in circumstances that may 22
affect eligibility, including but not limited to changes in income or resources. 23
(2) On at least a monthly basis, each enrollment or benefit tracking agency associated 24
with the Medicaid program or the Supplemental Nutrition Assistance Program 25
[food stamps program ]of the cabinet shall receive and review information from the 26
Vital Statistics Branch concerning individuals enrolled in the Medicaid program or 27 UNOFFICIAL COPY 22 RS BR 927
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the Supplemental Nutrition Assistance Program [food stamps program ]that 1
indicates a change in circumstances that may affect eligibility. 2
(3) On at least a monthly basis, each enrollment or benefit tracking agency 3
associated with the Supplemental Nutrition Assistance Program of the cabinet 4
shall receive and review information from the Administrative Office of the Courts 5
concerning individuals enrolled in the Supplemental Nutrition Assistance 6
Program that indicates a change in circumstances that may affect eligibility, 7
including but not limited to incarceration status. 8
(4) On at least a quarterly basis, each enrollment or benefit tracking agency associated 9
with the Medicaid program or the Supplemental Nutrition Assistance Program 10
[food stamps program] of the cabinet shall receive and review information from the 11
Kentucky Office of Unemployment Insurance concerning individuals enrolled in the 12
Medicaid program or the Supplemental Nutrition Assistance Program [food 13
stamps program ]that indicates a change in circumstances that may affect eligibility, 14
including but not limited to changes in employment or wages. 15
(5)[(4)] On at least a quarterly basis, each enrollment or benefit tracking agency 16
associated with the Medicaid program or the Supplemental Nutrition Assistance 17
Program[ food stamps program] of the cabinet shall receive and review information 18
concerning individuals enrolled in the Medicaid program or the Supplemental 19
Nutrition Assistance Program[ food stamps program] that indicates a change in 20
circumstances that may affect eligibility, including but not limited to potential 21
changes in residency as identified by out-of-state electronic benefit transfer 22
transactions. 23
(6) On at least a quarterly basis, each enrollment or benefit tracking agency 24
associated with the Supplemental Nutrition Assistance Program of the cabinet 25
shall receive and review information the Department of Revenue concerning 26
individuals enrolled in the Supplemental Nutrition Assistance Program that 27 UNOFFICIAL COPY 22 RS BR 927
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indicates a change in circumstances that may affect eligibility, including but not 1
limited to changes in income, wages, or residency as identified in tax records. 2
(7)[(5) (a) ]Notwithstanding any other provision of law to the contrary:[,] 3
(a) Each enrollment or benefit tracking agency associated with the Medicaid 4
program or the Supplemental Nutrition Assistance Program [food stamps 5
program ]of the cabinet shall enter into a memorandum of understanding with 6
any department, agency, or division for information detailed in this section; 7
and[.] 8
(b) [Notwithstanding any other provision of law to the contrary, ]Any department, 9
agency, or division for information detailed in this section, including but not 10
limited to the Kentucky Lottery Corporation, the Vital Statistics Branch, the 11
Office of Unemployment Insurance, and the Department for Community 12
Based Services, shall enter into any necessary memoranda of understanding 13
with the enrollment or benefit tracking agency associated with the Medicaid 14
program or the Supplemental Nutrition Assistance Program [food stamps 15
program ]requesting an agreement pursuant to paragraph (a) of this 16
subsection. 17
(8)[(6)] Each enrollment or benefit tracking agency associated with the Medicaid 18
program or the Supplemental Nutrition Assistance Program[ food stamps 19
program] of the cabinet may contract with one (1) or more independent vendors to 20
provide additional data or information that may indicate a change in circumstances 21
that may affect eligibility. 22
(9)[(7)] Each enrollment or benefit tracking agency associated with the Medicaid 23
program or the Supplemental Nutrition Assistance Program [food stamps program 24
]of the cabinet shall explore joining any multistate cooperative to identify 25
individuals who are also enrolled in public assistance programs outside of this state. 26
(10)[(8)] If an enrollment or benefit tracking agency associated with the Medicaid 27 UNOFFICIAL COPY 22 RS BR 927
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program or the Supplemental Nutrition Assistance Program [food stamps program 1
]of the cabinet receives information concerning an individual enrolled in the 2
Medicaid program or the Supplemental Nutrition Assistance Program [food 3
stamps program ]that indicates a change in circumstances that may affect eligibility, 4
the enrollment or benefit tracking agency or other appropriate agency shall review 5
the individual's case. 6
(11) (a) Unless expressly required by federal law, the cabinet shall not seek, apply 7
for, accept, or renew any waiver of work requirements established by the 8
Supplemental Nutrition Assistance Program under 7 U.S.C. sec. 2015(o) 9
without first obtaining specific authorization from the General Assembly to 10
do so. 11
(b) The cabinet shall not exercise the state's option under 7 U.S.C. sec. 12
2015(o)(6). 13
(c) The cabinet shall assign all individuals who are subject to work 14
requirements under 7 U.S.C. sec. 2015(d)(1) to an employment and training 15
program as defined in 7 U.S.C. sec. 2015(d)(4). 16
[(9) The food stamps program of the cabinet shall not seek, apply for, accept, or renew 17
any waiver of requirements established under 7 U.S.C. sec. 2015(o) unless there is 18
an economic downturn resulting in an unemployment rate of ten percent (10%) or 19
more or the Cabinet for Health and Family Services determines an increase in the 20
unemployment rate in any particular county is severe enough to necessitate a 21
waiver.] 22
(12)[(10)] The cabinet shall promulgate all rules and regulations necessary for the 23
purposes of carrying out this section. 24
(13)[(11)] Upon request from the Legislative Research Commission, the Cabinet for 25
Health and Family Services shall submit a report relating to the number of 26
individuals discovered utilizing services inappropriately, the number of individuals 27 UNOFFICIAL COPY 22 RS BR 927
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who were removed from one (1) or more public assistance programs as a result of a 1
review pursuant to this section, and the amount of public funds preserved in total 2
and by public assistance program and aggregated by prior years. 3
Section 17. KRS 205.200 is amended to read as follows: 4
(1) A needy aged person, a needy blind person, a needy child, a needy permanently and 5
totally disabled person, or a person with whom a needy child lives shall be eligible 6
to receive a public assistance grant only if he or she has made a proper application 7
or an application has been made on his or her behalf in the manner and form 8
prescribed by administrative regulation. No individual shall be eligible to receive 9
public assistance under more than one (1) category of public assistance for the same 10
period of time. 11
(2) The secretary shall, by administrative regulations, prescribe the conditions of 12
eligibility for public assistance in conformity with the public assistance titles of the 13
Social Security Act, its amendments, and other federal acts and regulations. The 14
secretary shall also promulgate administrative regulations to allow for between a 15
forty percent (40%) and a forty-five percent (45%) ratable reduction in the method 16
of calculating eligibility and benefits for public assistance under Title IV-A of the 17
Federal Social Security Act. In no instance shall grants to families with no income 18
be less than the appropriate grant maximum used for public assistance under Title 19
IV-A of the Federal Social Security Act. As used in this section, "ratable reduction" 20
means the percentage reduction applied to the deficit between the family's countable 21
income and the standard of need for the appropriate family size. 22
(3) The secretary may by administrative regulation prescribe as a condition of eligibility 23
that a needy child regularly attend school, and may further by administrative 24
regulation prescribe the degree of relationship of the person or persons in whose 25
home such needy child must reside. 26
(4) The secretary may by administrative regulation prescribe conditions for bringing 27 UNOFFICIAL COPY 22 RS BR 927
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paternity proceedings or actions for support in cases of out of wedlock birth or 1
nonsupport by a parent in the public assistance under Title IV-A of the Federal 2
Social Security Act program. 3
(5) Public assistance shall not be payable to or in behalf of any individual who has 4
taken any legal action in his or her own behalf or in the behalf of others with the 5
intent and purpose of creating eligibility for the assistance. 6
(6) The cabinet shall promptly notify the appropriate law enforcement officials of the 7
furnishing of public assistance under Title IV-A of the Federal Social Security Act 8
in respect to a child who has been deserted or abandoned by a parent. 9
(7) No person shall be eligible for public assistance payments if, after having been 10
determined to be potentially responsible, and afforded notice and opportunity for 11
hearing, he refuses without good cause: 12
(a) To register for employment with the state employment service, 13
(b) To accept suitable training, or 14
(c) To accept suitable employment. 15
The secretary may prescribe by administrative regulation, subject to the provisions 16
of KRS Chapter 13A, standards of suitability for training and employment. 17
(8) To the extent permitted by federal law, scholarships, grants, or other types of 18
financial assistance for education shall not be considered as income for the purpose 19
of determining eligibility for public assistance. 20
(9) To the extent permitted by federal law, any money received because of a settlement 21
or judgment in a lawsuit brought against a manufacturer or distributor of "Agent 22
Orange" for damages resulting from exposure to "Agent Orange" by a member or 23
veteran of the Armed Forces of the United States or any dependent of such person 24
who served in Vietnam shall not be considered as income for the purpose of 25
determining eligibility or continuing eligibility for public assistance and shall not be 26
subject to a lien or be available for repayment to the Commonwealth for public 27 UNOFFICIAL COPY 22 RS BR 927
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assistance received by the recipient. 1
(10) (a) Categorical eligibility as described in 7 U.S.C. sec. 2014(a) and 7 C.F.R. 2
sec. 273.2(j) shall not be granted for any noncash benefits, in-kind benefits, 3
or any other benefit administered under this chapter, unless expressly 4
required by federal law. 5
(b) The cabinet shall not apply gross income standards for assistance that are 6
higher than the standards established in 7 U.S.C. sec. 2014(c), unless 7
expressly required by federal law. Categorical eligibility exempting 8
households from such gross income standards requirements shall not be 9
granted for any noncash benefits, in-kind benefits, or any other benefit 10
administered under this chapter, unless expressly required by federal law. 11
(11) For the purpose of determining eligibility for medical assistance under Title XIX 12
of the Social Security Act, the cabinet shall not, unless expressly required by 13
federal law, accept self-attestation of income, residency, age, household 14
composition, caretaker or relative status, or receipt of other coverage without 15
verification prior to enrollment, and the cabinet shall not request federal 16
authorization or approval to waive or decline to periodically check any available 17
income-related data source to verify eligibility. 18
(12) When determining whether an applicant for services or assistance provided under 19
this chapter meets the applicable income eligibility guidelines, the cabinet shall 20
only use the most recent income verification data available. 21
(13) To the extent permitted under federal law, if an individual traffics, sells, 22
distributes, gives, or otherwise transfers an electronic benefit transfer card issued 23
by the department for money, service, or other valuable consideration, the 24
individual may be deemed ineligible for all public assistance programs 25
administered by the cabinet under this chapter for a period of not more than six 26
(6) months for a first offense and may be deemed permanently ineligible for all 27 UNOFFICIAL COPY 22 RS BR 927
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public assistance programs administered by the cabinet under this chapter for 1
subsequent offenses. 2
(14)[(10)] (a) Notwithstanding any other provision of Kentucky law, the following 3
shall be disregarded for the purposes of determining an individual's eligibility 4
for a means-tested public assistance program, and the amount of assistance or 5
benefits the individual is eligible to receive under the program: 6
1. Any amount in an ABLE account; 7
2. Any contributions to an ABLE account; and 8
3. Any distribution from an ABLE account for qualified disability 9
expenses. 10
(b) For purposes of this subsection: 11
1. "ABLE account" means an account established within any state having a 12
qualified ABLE program as provided in 26 U.S.C. sec. 529A, as 13
amended; 14
2. "Kentucky law" includes: 15
a. All provisions of the Kentucky Revised Statutes: 16
b. Any contract to provide Medicaid managed care established 17
pursuant to this chapter; 18
c. Any agreement to operate a Medicaid program established 19
pursuant to this chapter; and 20
d. Any administrative regulation promulgated pursuant to this 21
chapter; and 22
3. "Qualified disability expenses" means expenses described in 26 U.S.C. 23
sec. 529A of a person who is the beneficiary of an ABLE account. 24
Section 18. KRS 205.231 is amended to read as follows: 25
(1) The secretary shall appoint one (1) or more impartial hearing officers to hear and 26
decide upon appealed decisions. 27 UNOFFICIAL COPY 22 RS BR 927
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(2) Any applicant or recipient who is dissatisfied with the decision or delay in action on 1
his or her application for public assistance or the amount granted to him or her and 2
any applicant or recipient who was deemed ineligible or disqualified from public 3
assistance benefits under Section 3 or 17 of this Act may appeal to a hearing 4
officer, except that an appeal and a hearing need not be granted if the sole issue is a 5
federal or state law requiring an automatic change adversely affecting some or all 6
recipients of the Kentucky medical assistance program so long as advance notice of 7
the change, with an explanation of appeal rights, is provided to all affected 8
recipients. However, a recipient may appeal whether the cabinet is accurately 9
interpreting a change in federal or state law which may adversely affect the 10
recipient. On receipt of an appeal, an administrative hearing shall be conducted in 11
accordance with KRS Chapter 13B. 12
(3) The secretary may appoint an Appeal Board for Public Assistance composed of the 13
secretary and two (2) other members. The secretary shall be chairman, and he or she 14
and one (1) other member constitute a quorum. 15
(4) Any applicant or recipient who is dissatisfied with the decision of a hearing officer 16
may appeal to the appeal board in the manner and form prescribed by administrative 17
regulation. The board may on its own motion affirm, modify, or set aside any 18
decision of a hearing officer on the basis of the evidence previously submitted in the 19
case, or direct the taking of additional evidence, or may permit any of the parties to 20
the decision to initiate further appeals before it. The board may remove itself or 21
transfer to another hearing officer the proceedings on any appeal pending before a 22
hearing officer. The board shall promptly notify the parties to any proceedings of its 23
findings and decisions. 24
(5) The manner in which appeals are presented and hearings and appeals conducted 25
under subsection (4) of this section shall be in accordance with administrative 26
regulations promulgated by the secretary. 27 UNOFFICIAL COPY 22 RS BR 927
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(6) After a decision by the appeal board, any party aggrieved by the decision may seek 1
judicial review of the decision by filing a petition in the Circuit Court of the county 2
in which the petitioner resides, in accordance with KRS 13B.140, 13B.150, and 3
13B.160. 4
Section 19. KRS 205.525 is amended to read as follows: 5
(1) Concurrent with submitting an application for a waiver or waiver amendment or a 6
request for a plan amendment to any federal agency that approves waivers, waiver 7
amendments, and plan amendments, the Cabinet for Health and Family Services 8
shall provide to the Interim Joint Committee on Health,[ and] Welfare, and Family 9
Services, [and ]to the Interim Joint Committee on Appropriations and Revenue, and 10
to the Public Assistance Oversight and Advisory Committee a copy, summary, and 11
statement of benefits of the application for a waiver or waiver amendment or 12
request for a plan amendment. 13
(2) The cabinet shall provide an update on the status of the application for a waiver or 14
waiver amendment or request for a plan amendment upon request. 15
Section 20. KRS 205.725 is amended to read as follows: 16
(1) Whenever the cabinet receives an application for public assistance on behalf of a 17
needy dependent child or reviews the records of those currently receiving public 18
assistance on behalf of a needy dependent child and it appears to the satisfaction of 19
the cabinet that either or both parents have failed to provide support to the child, the 20
cabinet shall[may] take appropriate action under this chapter, or any other 21
appropriate state and federal laws and regulations including but not limited to 22
enforcement of 7 C.F.R. sec. 273.11(o) and (p), to assure that the responsible 23
parent or parents provide support to the child,. 24
(2) Subsection (1) of this section shall not apply if the: 25
(a) Cabinet has reason to believe allegations of child abuse or domestic 26
violence and that enforcement of subsection (1) of this section could be 27 UNOFFICIAL COPY 22 RS BR 927
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harmful to the custodial parent or needy dependent child; 1
(b) Cabinet believes that enforcement of subsection (1) of this section may not 2
be in the best interest of the needy dependent child; or 3
(c) Custodial parent is the needy dependent child's mother, and she did not 4
identify a father on the child's birth certificate at the time of birth. 5
(3) The cabinet may, pursuant to 7 C.F.R. sec. 273.11(q), disqualify an individual 6
from public assistance granted under this chapter during any month in which the 7
individual is delinquent in any payment due under a court order for the support 8
of a child of the individual. 9
(4) As used in KRS 205.730, 205.735, 205.765, and 205.785, the term "child" includes 10
a child of an individual who is not receiving public assistance and who is eligible to 11
receive child support services in accordance with Title IV-D of the Social Security 12
Act. 13
Section 21. KRS 441.045 is amended to read as follows: 14
(1) The county governing body shall prescribe rules for the government, security, 15
safety, and cleanliness of the jail and the comfort and treatment of prisoners, 16
provided such rules are consistent with state law. The county judge/executive may 17
inspect the jail at any reasonable time. 18
(2) Willful violation of the rules promulgated pursuant to subsection (1) of this section 19
shall be deemed a violation. 20
(3) Except as provided in subsections (4) and (5) of this section, the cost of providing 21
necessary medical, dental, and psychological care for indigent prisoners in the jail 22
shall be paid from the jail budget. 23
(4) The cost of providing necessary medical, dental, or psychological care for prisoners 24
of the United States government shall be paid as provided by contract between the 25
United States government and the county or as may otherwise be provided by 26
federal law. 27 UNOFFICIAL COPY 22 RS BR 927
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(5) (a) The cost of providing necessary medical, dental, or psychological care, 1
beyond routine care and diagnostic services, for prisoners held pursuant to a 2
contractual agreement with the state shall be paid as provided by contract 3
between the state and county. The costs of necessary medical, dental, or 4
psychological care, beyond routine care and diagnostic services, of prisoners 5
held in the jail for which the county receives a per diem payment shall be paid 6
by the state. 7
(b) To the extent that federal law allows and federal financial participation is 8
available, for the limited purpose of implementing this section, the jail, the 9
department, or the department's designee is authorized to act on behalf of an 10
inmate for purposes of applying for Medicaid eligibility. 11
(6) The cost of providing necessary medical, dental, or psychological care for prisoners 12
held pursuant to a contractual agreement with another county or a city shall be paid 13
as provided by contract between the county or city and county. 14
(7) (a) When the cost of necessary medical, dental, or psychological care for a 15
prisoner exceeds one thousand dollars ($1,000), as calculated by using the 16
maximum allowable costs to similar persons or facilities for the same or 17
similar services under the Kentucky Medical Assistance Program, the state 18
shall reimburse the county for that portion of the costs that exceeds one 19
thousand dollars ($1,000). The reimbursement shall be subject to the 20
following terms and conditions: 21
1. The care is necessary as defined in subsection (10) of this section; 22
2. The prisoner is indigent as defined in subsection (8) of this section, or is 23
uninsured; and 24
3. No state reimbursement to the county for care provided by physicians, 25
hospitals, laboratories, or other health care providers shall exceed the 26
maximum payments allowed to similar persons or facilities for the same 27 UNOFFICIAL COPY 22 RS BR 927
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or similar services under the Kentucky Medical Assistance Program, 1
except as provided in subsection (11) of this section. 2
(b) A county may assign its ability to receive payment from the state under this 3
subsection to the person providing the medical, dental, or psychological care 4
to the prisoner, which assignment shall be accepted by the provider for the 5
purposes of submitting billing directly to the state. The state shall pay or deny 6
a claim submitted to it within ninety (90) days of receiving the claim. The 7
county shall include with the assignment the information required by 8
subsection (8) of this section necessary to qualify the prisoner as indigent. The 9
provider shall bill for any other public or private health benefit plan or health 10
insurance benefits available to the prisoner prior to billing the state under this 11
subsection, and shall bill the state prior to billing the county. The county shall 12
retain ultimate payment responsibility as established under subsection (3) of 13
this section, and the provider may bill the county for payment after the 14
expiration of ninety (90) days from the date the provider submitted the claim 15
to the state for payment if the claim remains unpaid at that time. 16
(8) (a) The determination of whether a prisoner is indigent shall be made pursuant to 17
KRS 31.120, and may be evidenced by the affidavit of indigency required by 18
that statute or the appointment of a public defender under that statute. The 19
prisoner shall not be considered indigent, in the case of prisoner medical care, 20
if: 21
1. The prisoner has funds on his or her inmate account to cover all or a 22
portion of his or her medical expenses; 23
2. The prisoner's medical expenses are covered on a medical insurance 24
policy; or 25
3. The prisoner has the private resources to pay for the use of the medical 26
facilities. 27 UNOFFICIAL COPY 22 RS BR 927
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(b) Prisoners who are later determined not to have been indigent, or who at a time 1
following treatment are no longer indigent, shall be required to repay the costs 2
of payments made pursuant to this section to the unit of government which 3
made the payment. 4
(9) The terms and conditions relating to any determination of nonindigency and 5
demands for repayment shall be under the same terms and conditions as are 6
provided under KRS Chapters 31 and 431 relating to similar circumstances in the 7
program for defense of indigents by the public advocate. 8
(10) For the purposes of this section, "necessary care" means care of a nonelective nature 9
that cannot be postponed until after the period of confinement without hazard to the 10
life or health of the prisoner. 11
(11) Any money appropriated for a given fiscal year to fund the state's obligation under 12
subsection (7) of this section which remains unspent at the end of the year shall not 13
lapse but shall be made available to satisfy, to the maximum extent possible, that 14
portion of each catastrophic claim made during said year above the threshold 15
amount for which the county did not receive state assistance pursuant to subsection 16
(7) of this section. In the event there is an insufficient surplus to satisfy said balance 17
of all such catastrophic claims which are made during that year, the state shall pay 18
to those qualified counties, on a per claim basis, an amount equal to each claim's 19
percentage of the total surplus. Should the surplus be sufficient to satisfy all such 20
catastrophic claims, the amount remaining, if any, shall not lapse but shall be 21
carried forward to the next fiscal year to be made available for future catastrophic 22
claims. 23
(12) Notwithstanding other provisions of this section to the contrary, a jail may impose a 24
reasonable fee for the use of jail medical facilities by a prisoner who has the ability 25
to pay for the medical care. These funds may be deducted from the prisoner's inmate 26
account. A prisoner shall not be denied medical treatment because he or she has 27 UNOFFICIAL COPY 22 RS BR 927
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insufficient funds on his or her inmate account. This subsection shall not preclude 1
other recovery of funds as provided in this section. 2
(13) (a) Notwithstanding any other provision of this section to the contrary, a jail may 3
impose a reasonable fee for the use of jail medical facilities by a state prisoner 4
who has been placed in a jail pursuant to a contract with the Department of 5
Corrections under KRS 532.100 or other statute, and who has the ability to 6
pay for medical care. 7
(b) Funds may be deducted from the state prisoner's inmate account at the jail. 8
(c) A state prisoner shall not be denied medical treatment because he or she has 9
insufficient funds in his or her inmate account. 10
(d) This subsection shall not preclude other recovery of funds as provided in this 11
section. 12
(e) This subsection does not authorize recovery of funds from a prisoner for 13
medical care which has been paid or reimbursed by the state pursuant to this 14
section. 15
(14) Except as provided in subsection (4) of this section, all payments for necessary 16
medical, dental, or psychological care for jail, regional jail, or holdover prisoners 17
shall be made at a rate not to exceed the Medicaid rate for the same or similar 18
services, which shall be paid within thirty (30) days under the provisions of KRS 19
65.140 of receiving a claim from the health facility or provider for the item or 20
service. This subsection shall not obligate the Medicaid program to pay for services 21
provided to a prisoner. 22
(15) (a) A peace officer or correctional officer having custody of a person shall not 23
release the person from custody so that the person may receive treatment from 24
a health care facility or health care provider, except pursuant to an order 25
issued by a court of competent jurisdiction which specifically names the 26
person to receive treatment. 27 UNOFFICIAL COPY 22 RS BR 927
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(b) A peace officer or correctional officer having custody of a person may take the 1
person to a health care facility or health care provider for the purpose of 2
receiving treatment if a correctional officer remains with the person during the 3
time the person is on the premises of the health care facility or health care 4
provider, unless the facility or provider consents to the absence of the officer. 5
(c) A county, urban-county, consolidated local government, charter county, 6
unified local government, jail, regional jail, holdover, local detention center, 7
or other local correctional facility shall not be responsible for paying for the 8
medical or other health care costs of a person who is released by a court of 9
competent jurisdiction, except where the release is for the purpose of 10
receiving medical or other health care services as evidenced by an order 11
requiring the person to return to custody upon completion of treatment. 12
(d) When a county, urban-county, consolidated local government, charter county, 13
unified local government, jail, regional jail, holdover, local detention center, 14
or other local correctional facility is responsible for paying for medical or 15
other health care costs under paragraph (c) of this subsection, payment shall 16
be made only at the Medicaid rate for same or similar services. 17
(e) For the purposes of this subsection, "correctional officer" includes a: 18
1. Jailer or deputy jailer; 19
2. Director or other person in charge of a local detention center, local 20
correctional facility, or regional jail; and 21
3. Correctional officer employed by a local detention center, local 22
correctional facility, or regional jail. 23
(16) (a) The jailer shall notify the Cabinet for Health and Family Services, 24
Department for Community Based Services: 25
1. When a county prisoner, if not released within forty-eight (48) hours 26
of arrest, is incarcerated; and 27 UNOFFICIAL COPY 22 RS BR 927
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2. At least forty-eight (48) hours prior to a county prisoner's release from 1
incarceration unless the county prisoner is ordered to be released in 2
fewer than forty-eight (48) hours, in which case the county jailer shall 3
immediately notify the Department for Community Based Services. 4
(b) For the purposes of this subsection, "county prisoner" means any prisoner 5
not held pursuant to a contractual agreement with the state or the United 6
States government. 7
Section 22. Within 90 days after the effective date of this Act, the Cabinet for 8
Health and Family Services shall report the following information to the Interim Joint 9
Committee on Health, Welfare, and Family Services and the Public Assistance and 10
Oversight Advisory Committee: 11
(1) The number of additional families served by the Child Care Assistance 12
Program following the increase in eligibility to 200% of the federal poverty level 13
(2) An assessment of the additional cost to the state incurred by increasing Child 14
Care Assistance Program eligibility to 200% of the federal poverty level; and 15
(3) An assessment of what the fiscal impact of discounting multiple copayments 16
for families with more than one child in the Child Care Assistance Program would be. 17
Section 23. Within 90 days after the effective date of this Act, the Cabinet for 18
Health and Family Services shall prepare and submit a Section 1115 demonstration 19
waiver request to the federal Centers for Medicare and Medicaid Services seeking 20
approval to eliminate mandatory hospital presumptive eligibility and to restrict 21
presumptive eligibility determinations to children and pregnant women eligibility groups. 22
If federal approval for the waiver is denied, the cabinet shall resubmit a Section 1115 23
demonstration waiver request for approval within 6 months of each denial. 24
Section 24. If the Cabinet for Health and Family Services determines that a state 25
plan amendment, waiver, or any other form of approval or authorization from a federal 26
agency is necessary prior to the implementation of any provision of this Act, the cabinet 27 UNOFFICIAL COPY 22 RS BR 927
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shall, within 90 days after the effective date of this Act, request the state plan amendment, 1
waiver, approval, or authorization and shall only delay full implementation of those 2
provisions for which a state plan amendment, waiver, approval, or authorization was 3
deemed necessary until the state plan amendment, waiver, approval, or authorization is 4
granted. The cabinet shall, in accordance with KRS 205.525, provide a copy of any state 5
plan amendment, waiver, or other approval or authorization application submitted 6
pursuant to this Section to the Inter Joint Committee on Health, Welfare, and Family 7
Service, the Interim Joint Committee on Appropriations and Revenue, and the Public 8
Assistance Oversight and Advisory Committee and provide an update on the status of any 9
application submitted pursuant to this section upon request. 10
Section 25. The General Assembly hereby directs the Education and Workforce 11
Development Cabinet to design and launch an online portal or Web site where private 12
employers in the Commonwealth can post available job openings. Employment 13
opportunities posted to the portal or Web site shall be accessible and searchable by the 14
general public. 15
Section 26. The Legislative Oversight and Investigations Committee shall 16
conduct an in-depth analysis of Temporary Assistance for Needy Families (TANF) and 17
the Kentucky Transition Assistance Program (K-TAP) spending by the Cabinet for Health 18
and Family Services and seek to identify alternative sources of funding for child welfare 19
programs and services currently funded by the federal TANF block grant and state 20
maintenance-of-effort dollars, including possible strategies for securing additional Title 21
IV-E funds, so that future K-TAP expenditures may be allocated in a manner that 22
prioritizes assisting recipients of public assistance in transitioning off of public assistance 23
by finding and maintaining sustainable, gainful employment. 24
Section 27. The Legislative Research Commission shall establish a Basic 25
Health Program Task Force to study and make recommendations on the development of a 26
basic health program as permitted under 42 U.S.C sec. 18051 for low-income individuals 27 UNOFFICIAL COPY 22 RS BR 927
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who are not eligible for the state's medical assistance program. The duties of the task 1
force shall include but are not limited to making recommendations for the monthly 2
premiums and co-payments associated with health insurance options available under a 3
basic health program and eligibility guidelines for health insurance options available 4
under a basic health program. 5
Section 28. The Basic Health Program Task Force shall be composed of the 6
following members with final membership of the task force being subject to the 7
consideration and approval of the Legislative Research Commission: 8
(1) Four members of the House of Representatives appointed by the Speaker of 9
the House of Representatives, one of whom shall be designated by the Speaker of the 10
House of Representatives as a co-chair of the task force; 11
(2) One member of the House of Representatives appointed by the Minority Floor 12
Leader of the House of Representatives; 13
(3) Four members of the Senate appointed by the President of the Senate, one of 14
whom shall be designated by the President of the Senate as a co-chair of the task force; 15
and 16
(4) One member of the Senate appointed by the Minority Floor Leader of the 17
Senate. 18
Section 29. The task force shall meet at least four times during the 2022 Interim 19
of the General Assembly, and the task force shall submit its findings and 20
recommendations to the Legislative Research Commission by December 1, 2022. 21
Section 30. Provisions of Sections 27, 28, and 29 of this Act to the contrary 22
notwithstanding, the Legislative Research Commission shall have the authority to 23
alternatively assign the issues identified therein to an interim joint committee or a 24
subcommittee thereof, and to designate a study completion date. 25
Section 31. Sections 26 to 30 of this Act shall have the same legal status as a 26
House Concurrent Resolution. 27 UNOFFICIAL COPY 22 RS BR 927
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Section 32. If any section, any subsection, or any provision of this Act is found 1
by a court of competent jurisdiction in a final, unappealable order to be invalid or 2
unconstitutional, the decision of the court shall not affect or impair any of the remaining 3
sections, subsections, or provisions of this Act. 4