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 9  AN ACT concerning social welfare; relating to eligibility requirements for
10    assistance; restrictions for persons who are not citizens of the United
11    States; amending K.S.A. 1996 Supp. 39-709 and repealing the existing
12    section.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 39-709 is hereby amended to read as
16  follows: 39-709. (a) General eligibility requirements for assistance for
17  which federal moneys are expended. Subject to the additional require-
18  ments below, assistance in accordance with plans under which federal
19  moneys are expended may be granted to any needy person who:
20    (1)  Has insufficient income or resources to provide a reasonable sub-
21  sistence compatible with decency and health. Where a husband and wife
22  are living together, the combined income or resources of both shall be
23  considered in determining the eligibility of either or both for such assis-
24  tance unless otherwise prohibited by law. The secretary, in determining
25  need of any applicant for or recipient of assistance shall not take into
26  account the financial responsibility of any individual for any applicant or
27  recipient of assistance unless such applicant or recipient is such indivi-
28  dual's spouse or such individual's minor child or minor stepchild if the
29  stepchild is living with such individual. The secretary in determining need
30  of an individual may provide such income and resource exemptions as
31  may be permitted by federal law. For purposes of eligibility for aid for
32  families with dependent children, for food stamp assistance and for any
33  other assistance provided through the department of social and rehabil-
34  itation services under which federal moneys are expended, the secretary
35  of social and rehabilitation services shall consider one motor vehicle
36  owned by the applicant for assistance, regardless of the value of such
37  vehicle, as exempt personal property and shall consider any equity in any
38  additional motor vehicle owned by the applicant for assistance to be a
39  nonexempt resource of the applicant for assistance.
40    (2)  Is a citizen of the United States or is an alien lawfully admitted
41  to the United States and who is residing in the state of Kansas.
42    (b)  Assistance to families with dependent children. Assistance may be
43  granted under this act to any dependent child, or relative, subject to the
HB 2569
                                     

 1  general eligibility requirements as set out in subsection (a), who resides
 2  in the state of Kansas or whose parent or other relative with whom the
 3  child is living resides in the state of Kansas. Such assistance shall be known
 4  as aid to families with dependent children. Where husband and wife are
 5  living together both shall register for work under the program require-
 6  ments for aid to families with dependent children in accordance with
 7  criteria and guidelines prescribed by rules and regulations of the secre-
 8  tary.
 9    (c)  Aid to families with dependent children; assignment of support
10  rights and limited power of attorney. By applying for or receiving aid to
11  families with dependent children such applicant or recipient shall be
12  deemed to have assigned to the secretary on behalf of the state any ac-
13  crued, present or future rights to support from any other person such
14  applicant may have in such person's own behalf or in behalf of any other
15  family member for whom the applicant is applying for or receiving aid.
16  In any case in which an order for child support has been established and
17  the legal custodian and obligee under the order surrenders physical cus-
18  tody of the child to a caretaker relative without obtaining a modification
19  of legal custody and support rights on behalf of the child are assigned
20  pursuant to this section, the surrender of physical custody and the as-
21  signment shall transfer, by operation of law, the child's support rights
22  under the order to the secretary on behalf of the state. Such assignment
23  shall be of all accrued, present or future rights to support of the child
24  surrendered to the caretaker relative. The assignment of support rights
25  shall automatically become effective upon the date of approval for or
26  receipt of such aid without the requirement that any document be signed
27  by the applicant, recipient or obligee. By applying for or receiving aid to
28  families with dependent children, or by surrendering physical custody of
29  a child to a caretaker relative who is an applicant or recipient of such
30  assistance on the child's behalf, the applicant, recipient or obligee is also
31  deemed to have appointed the secretary, or the secretary's designee, as
32  an attorney in fact to perform the specific act of negotiating and endorsing
33  all drafts, checks, money orders or other negotiable instruments repre-
34  senting support payments received by the secretary in behalf of any per-
35  son applying for, receiving or having received such assistance. This limited
36  power of attorney shall be effective from the date the secretary approves
37  the application for aid and shall remain in effect until the assignment of
38  support rights has been terminated in full.
39    (d)  Eligibility requirements for general assistance, the cost of which
40  is not shared by the federal government. (1) General assistance may be
41  granted to eligible persons who do not qualify for financial assistance in
42  a program in which the federal government participates and who satisfy
43  the additional requirements prescribed by or under this subsection (d).
HB 2569
                                     

 1    (A)  To qualify for general assistance in any form a needy person must
 2  have insufficient income or resources to provide a reasonable subsistence
 3  compatible with decency and health and, except as provided for transi-
 4  tional assistance, be a member of a family in which a minor child or a
 5  pregnant woman resides or be unable to engage in employment. The
 6  secretary shall adopt rules and regulations prescribing criteria for estab-
 7  lishing when a minor child may be considered to be living with a family
 8  and whether a person is able to engage in employment, including such
 9  factors as age or physical or mental condition. Eligibility for general as-
10  sistance, other than transitional assistance, is limited to families in which
11  a minor child or a pregnant woman resides or to an adult or family in
12  which all legally responsible family members are unable to engage in
13  employment. Where a husband and wife are living together the combined
14  income or resources of both shall be considered in determining the eli-
15  gibility of either or both for such assistance unless otherwise prohibited
16  by law. The secretary in determining need of any applicant for or recipient
17  of general assistance shall not take into account the financial responsibility
18  of any individual for any applicant or recipient of general assistance unless
19  such applicant or recipient is such individual's spouse or such individual's
20  minor child or a minor stepchild if the stepchild is living with such indi-
21  vidual. In determining the need of an individual, the secretary may pro-
22  vide for income and resource exemptions.
23    (B)  To qualify for general assistance in any form a needy person must
24  be residing in the state of Kansas and must be a citizen of the United
25  States or an alien lawfully admitted to the United States and must be
26  residing in the state of Kansas (i) who satisfies the alienage provisions of
27  section 412(b) of title IV of the federal personal responsibility and work
28  opportunity reconciliation act of 1996 (P.L.104-193), or (ii) who is re-
29  ceiving federal supplemental security income benefits on the effective date
30  of this act and who subsequently loses such federal supplemental security
31  income benefits because of restrictions imposed by the federal personal
32  responsibility and work opportunity reconciliation act of 1996 (P.L.104-
33  193).
34    (2)  General assistance in the form of transitional assistance may be
35  granted to eligible persons who do not qualify for financial assistance in
36  a program in which the federal government participates and who satisfy
37  the additional requirements prescribed by or under this subsection (d),
38  but who do not meet the criteria prescribed by rules and regulations of
39  the secretary relating to inability to engage in employment or are not a
40  member of a family in which a minor or a pregnant woman resides.
41    (3)  In addition to the other requirements prescribed under this sub-
42  section (d), the secretary shall adopt rules and regulations which establish
43  community work experience program requirements for eligibility for the
HB 2569
                                     

 1  receipt of general assistance in any form and which establish penalties to
 2  be imposed when a work assignment under a community work experience
 3  program requirement is not completed without good cause. The secretary
 4  may adopt rules and regulations establishing exemptions from any such
 5  community work experience program requirements. A first time failure
 6  to complete such a work assignment requirement shall result in ineligi-
 7  bility to receive general assistance for a period fixed by such rules and
 8  regulations of not more than three calendar months. A subsequent failure
 9  to complete such a work assignment requirement shall result in a period
10  fixed by such rules and regulations of ineligibility of not more than six
11  calendar months.
12    (4)  If any person is found guilty of the crime of theft under the pro-
13  visions of K.S.A. 39-720, and amendments thereto, such person shall
14  thereby become forever ineligible to receive any form of general assis-
15  tance under the provisions of this subsection (d) unless the conviction is
16  the person's first conviction under the provisions of K.S.A. 39-720, and
17  amendments thereto, or the law of any other state concerning welfare
18  fraud. First time offenders convicted of a misdemeanor under the pro-
19  visions of such statute shall become ineligible to receive any form of
20  general assistance for a period of 12 calendar months from the date of
21  conviction. First time offenders convicted of a felony under the provisions
22  of such statute shall become ineligible to receive any form of general
23  assistance for a period of 60 calendar months from the date of conviction.
24  If any person is found guilty by a court of competent jurisdiction of any
25  state other than the state of Kansas of a crime involving welfare fraud,
26  such person shall thereby become forever ineligible to receive any form
27  of general assistance under the provisions of this subsection (d) unless
28  the conviction is the person's first conviction under the law of any other
29  state concerning welfare fraud. First time offenders convicted of a mis-
30  demeanor under the law of any other state concerning welfare fraud shall
31  become ineligible to receive any form of general assistance for a period
32  of 12 calendar months from the date of conviction. First time offenders
33  convicted of a felony under the law of any other state concerning welfare
34  fraud shall become ineligible to receive any form of general assistance for
35  a period of 60 calendar months from the date of conviction.
36    (e)  Requirements for medical assistance for which federal moneys or
37  state moneys or both are expended. When the secretary has adopted a
38  medical care plan under which federal moneys or state moneys or both
39  are expended, medical assistance in accordance with such plan shall be
40  granted to any person (1) whose resources and income do not exceed the
41  levels prescribed by the secretary, (2) who is a citizen of the United States
42  or who is an alien lawfully admitted to the United States and (3) who is
43  residing in the state of Kansas, whose resources and income do not exceed
HB 2569
                                     

 1  the levels prescribed by the secretary. In determining the need of an
 2  individual, the secretary may provide for income and resource exemptions
 3  and protected income and resource levels. Resources from inheritance
 4  shall be counted. A disclaimer of an inheritance pursuant to K.S.A. 59-
 5  2291, and amendments thereto, shall constitute a transfer of resources.
 6  The secretary shall exempt principal and interest held in irrevocable trust
 7  pursuant to subsection (c) of K.S.A. 16-303, and amendments thereto,
 8  from the eligibility requirements of applicants for and recipients of med-
 9  ical assistance. Such assistance shall be known as medical assistance.
10    (f)  Eligibility for medical assistance of resident receiving medical care
11  outside state. A person who is receiving medical care including long-term
12  care outside of Kansas whose health would be endangered by the post-
13  ponement of medical care until return to the state or by travel to return
14  to Kansas, may be determined eligible for medical assistance if such in-
15  dividual is a resident of Kansas and all other eligibility factors are met.
16  Persons who are receiving medical care on an ongoing basis in a long-
17  term medical care facility in a state other than Kansas and who do not
18  return to a care facility in Kansas when they are able to do so, shall no
19  longer be eligible to receive assistance in Kansas unless such medical care
20  is not available in a comparable facility or program providing such medical
21  care in Kansas. For persons who are minors or who are under guardi-
22  anship, the actions of the parent or guardian shall be deemed to be the
23  actions of the child or ward in determining whether or not the person is
24  remaining outside the state voluntarily.
25    (g)  Medical assistance; assignment of rights to medical support and
26  limited power of attorney; recovery from estates of deceased recipients.
27    (1) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
28  amendments thereto, or as otherwise authorized on and after September
29  30, 1989, under section 303 and amendments thereto of the federal med-
30  icare catastrophic coverage act of 1988, whichever is applicable, by ap-
31  plying for or receiving medical assistance under a medical care plan in
32  which federal funds are expended, any accrued, present or future rights
33  to support and any rights to payment for medical care from a third party
34  of an applicant or recipient and any other family member for whom the
35  applicant is applying shall be deemed to have been assigned to the sec-
36  retary on behalf of the state. The assignment shall automatically become
37  effective upon the date of approval for such assistance without the re-
38  quirement that any document be signed by the applicant or recipient. By
39  applying for or receiving medical assistance the applicant or recipient is
40  also deemed to have appointed the secretary, or the secretary's designee,
41  as an attorney in fact to perform the specific act of negotiating and en-
42  dorsing all drafts, checks, money orders or other negotiable instruments,
43  representing payments received by the secretary in behalf of any person
HB 2569
                                     

 1  applying for, receiving or having received such assistance. This limited
 2  power of attorney shall be effective from the date the secretary approves
 3  the application for assistance and shall remain in effect until the assign-
 4  ment has been terminated in full. The assignment of any rights to pay-
 5  ment for medical care from a third party under this subsection shall not
 6  prohibit a health care provider from directly billing an insurance carrier
 7  for services rendered if the provider has not submitted a claim covering
 8  such services to the secretary for payment. Support amounts collected on
 9  behalf of persons whose rights to support are assigned to the secretary
10  only under this subsection and no other shall be distributed pursuant to
11  subsection (d) of K.S.A. 39-756, and amendments thereto, except that
12  any amounts designated as medical support shall be retained by the sec-
13  retary for repayment of the unreimbursed portion of assistance. Amounts
14  collected pursuant to the assignment of rights to payment for medical
15  care from a third party shall also be retained by the secretary for repay-
16  ment of the unreimbursed portion of assistance.
17    (2)  The amount of any medical assistance paid after June 30, 1992,
18  under the provisions of subsection (e) is (A) a claim against the property
19  or any interest therein belonging to and a part of the estate of any de-
20  ceased recipient or, if there is no estate, the estate of the surviving spouse,
21  if any, shall be charged for such medical assistance paid to either or both,
22  and (B) a claim against any funds of such recipient or spouse in any
23  account under K.S.A. 9-1215, 9-1216, 17-2263, 17-2264, 17-5828 or 17-
24  5829, and amendments thereto. There shall be no recovery of medical
25  assistance correctly paid to or on behalf of an individual under subsection
26    (e) except after the death of the surviving spouse of the individual, if any,
27  and only at a time when the individual has no surviving child who is under
28  21 years of age or is blind or permanently and totally disabled. Transfers
29  of real or personal property by recipients of medical assistance without
30  adequate consideration are voidable and may be set aside. Except where
31  there is a surviving spouse, or a surviving child who is under 21 years of
32  age or is blind or permanently and totally disabled, the amount of any
33  medical assistance paid under subsection (e) is a claim against the estate
34  in any guardianship or conservatorship proceeding. The monetary value
35  of any benefits received by the recipient of such medical assistance under
36  long-term care insurance, as defined by K.S.A. 40-2227, and amendments
37  thereto, shall be a credit against the amount of the claim provided for
38  such medical assistance under this subsection (g). The secretary is au-
39  thorized to enforce each claim provided for under this subsection (g).
40  The secretary shall not be required to pursue every claim, but is granted
41  discretion to determine which claims to pursue. All moneys received by
42  the secretary from claims under this subsection (g) shall be deposited in
43  the social welfare fund. The secretary may adopt rules and regulations
HB 2569
                                     

 1  for the implementation and administration of the medical assistance re-
 2  covery program under this subsection (g).
 3    (h)  Placement under code for care of children or juvenile offenders
 4  code; assignment of support rights and limited power of attorney. In any
 5  case in which the secretary of social and rehabilitation services pays for
 6  the expenses of care and custody of a child pursuant to K.S.A. 38-1501
 7  et seq. or 38-1601 et seq., and amendments thereto, including the ex-
 8  penses of any foster care placement, an assignment of all past, present
 9  and future support rights of the child in custody possessed by either
10  parent or other person entitled to receive support payments for the child
11  is, by operation of law, conveyed to the secretary. Such assignment shall
12  become effective upon placement of a child in the custody of the secretary
13  or upon payment of the expenses of care and custody of a child by the
14  secretary without the requirement that any document be signed by the
15  parent or other person entitled to receive support payments for the child.
16  When the secretary pays for the expenses of care and custody of a child
17  or a child is placed in the custody of the secretary, the parent or other
18  person entitled to receive support payments for the child is also deemed
19  to have appointed the secretary, or the secretary's designee, as attorney
20  in fact to perform the specific act of negotiating and endorsing all drafts,
21  checks, money orders or other negotiable instruments representing sup-
22  port payments received by the secretary on behalf of the child. This lim-
23  ited power of attorney shall be effective from the date the assignment to
24  support rights becomes effective and shall remain in effect until the as-
25  signment of support rights has been terminated in full.
26    (i)  No person who voluntarily quits employment or who is fired from
27  employment due to gross misconduct as defined by rules and regulations
28  of the secretary or who is a fugitive from justice by reason of a felony
29  conviction or charge shall be eligible to receive public assistance benefits
30  in this state. Any recipient of public assistance who fails to timely comply
31  with monthly reporting requirements under criteria and guidelines pre-
32  scribed by rules and regulations of the secretary shall be subject to a
33  penalty established by the secretary by rules and regulations.
34    (j)  If the applicant or recipient of aid to families with dependent chil-
35  dren is a mother of the dependent child, as a condition of the mother's
36  eligibility for aid to families with dependent children the mother shall
37  identify by name and, if known, by current address the father of the
38  dependent child except that the secretary may adopt by rules and regu-
39  lations exceptions to this requirement in cases of undue hardship. Any
40  recipient of aid to families with dependent children who fails to cooperate
41  with requirements relating to child support enforcement under criteria
42  and guidelines prescribed by rules and regulations of the secretary shall
43  be subject to a penalty established by the secretary by rules and regula-
HB 2569
                                     

 1  tions which penalty shall progress to ineligibility for the family after three
 2  months of noncooperation.
 3    (k)  By applying for or receiving child care benefits or food stamps,
 4  the applicant or recipient shall be deemed to have assigned, pursuant to
 5  K.S.A. 39-756 and amendments thereto, to the secretary on behalf of the
 6  state only accrued, present or future rights to support from any other
 7  person such applicant may have in such person's own behalf or in behalf
 8  of any other family member for whom the applicant is applying for or
 9  receiving aid. The assignment of support rights shall automatically be-
10  come effective upon the date of approval for or receipt of such aid without
11  the requirement that any document be signed by the applicant or recip-
12  ient. By applying for or receiving child care benefits or food stamps, the
13  applicant or recipient is also deemed to have appointed the secretary, or
14  the secretary's designee, as an attorney in fact to perform the specific act
15  of negotiating and endorsing all drafts, checks, money orders or other
16  negotiable instruments representing support payments received by the
17  secretary in behalf of any person applying for, receiving or having received
18  such assistance. This limited power of attorney shall be effective from the
19  date the secretary approves the application for aid and shall remain in
20  effect until the assignment of support rights has been terminated in full.
21  An applicant or recipient who has assigned support rights to the secretary
22  pursuant to this subsection shall cooperate in establishing and enforcing
23  support obligations to the same extent required of applicants for or re-
24  cipients of aid to families with dependent children.
25    Sec. 2.  K.S.A. 1996 Supp. 39-709 is hereby repealed.
26    Sec. 3.  This act shall take effect and be in force from and after its
27  publication in the Kansas register.