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 9  AN ACT establishing the Kansas long-term care partnership act.
10
11  Be it enacted by the Legislature of the State of Kansas:
12    Section 1.  The secretary of social and rehabilitation services shall, in
13  conjunction with the commissioner of insurance, coordinate a long-term
14  care insurance program whereby private insurance and medicaid funds
15  shall be used to finance long-term care. Under such program, an individ-
16  ual may purchase a long-term care insurance policy governed by K.S.A.
17  40-2225 through 40-2228, and amendments thereto, and which meets the
18  criteria prescribed by this act, in an amount commensurate with such
19  individual's assets. Notwithstanding any provision of statutes, the re-
20  sources of such an individual up to $100,000, to the extent such resources
21  are equal to the amount of long-term care insurance benefit payments as
22  provided in section 2, shall not be considered by the department of social
23  and rehabilitation services in a determination of: (a) Eligibility for med-
24  icaid; (b) the amount of any medicaid payment; or (c) in any subsequent
25  recovery by the state of a payment for medical services.
26    Sec. 2.  The department of social and rehabilitation services shall
27  count insurance benefit payments toward resource exclusion to the extent
28  such payments: (a) Are for services medicaid approves or covers for its
29  recipients; (b) are for the lesser of the actual charge and the amount paid
30  by the insurance company; (c) are for nursing facility care, or formal
31  services delivered to insureds in the community as part of a care plan
32  approved by a coordination, assessment and monitoring policy adopted
33  by rules and regulations of the secretary of social and rehabilitation serv-
34  ices; and (d) are for services received prior to and following the first
35  month of medicaid eligibility for long-term care as established by the
36  secretary of social and rehabilitation services. The secretary of social and
37  rehabilitation services shall adopt rules and regulations to implement the
38  provisions of this act relating to determining eligibility of applicants for
39  medicaid and the coverage requirements for long-term care benefits.
40    Sec. 3.  The commissioner of insurance, in conjunction with the sec-
41  retary of the department of social and rehabilitation services, shall submit
42  a report on the progress of the long-term care insurance program to the
43  legislature at the commencement of the regular session of the legislature
HB 2464
                                     

 1  held during 1997 and annually thereafter. Such report shall include: (a)
 2  The success in implementing the public and private partnership; (b) the
 3  number of policies precertified; (c) the number, age and financial circum-
 4  stances of individuals purchasing precertified policies; (d) the number of
 5  individuals seeking consumer information services; (e) the extent and type
 6  of benefits paid under precertified policies that could count toward med-
 7  icaid resource protection; (f) estimates of impact on present and future
 8  medicaid expenditures; (g) the cost effectiveness of the program; and (h)
 9  a determination regarding the appropriateness of continuing the program.
10    Sec. 4.  As used in sections 1 through 3, ``nursing facility care'' means
11  care provided in a nursing facility as defined in K.S.A. 39-923, and amend-
12  ments thereto, and shall include an assisted living facility, residential
13  health care facility, skilled nursing home and intermediate home, as such
14  terms are defined in K.S.A. 39-923, and amendments thereto.
15    Sec. 5.  This act may be cited as the Kansas long-term care partner-
16  ship act.
17    Sec. 6.  This act shall take effect and be in force from and and after
18  its publication in the statute book.