Session of 1999
HOUSE BILL No. 2263
By Representatives Alldritt, Adkins, Compton, Crow, Dean, Findley, Gar-
ner, Haley, Henderson, Horst, Huff, Johnson, Johnston, Kirk,
Kuether, McCreary, Nichols, Pauls, E. Peterson, Powers, Rehorn,
Sharp, Sloan, Spangler, Stone, Swenson, Toelkes, Tomlinson, Vickrey,
Wells and Welshimer
2-4
13 AN ACT concerning social welfare; relating to eligibility for public assis-
14 tance; amending K.S.A. 1998 Supp. 39-709 and repealing the existing
15 section.
16
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. K.S.A. 1998 Supp. 39-709 is hereby amended to read as
19 follows: 39-709. (a) General eligibility requirements for assistance for
20 which federal moneys are expended. Subject to the additional require-
21 ments below, assistance in accordance with plans under which federal
22 moneys are expended may be granted to any needy person who:
23 (1) Has insufficient income or resources to provide a reasonable sub-
24 sistence compatible with decency and health. Where a husband and wife
25 are living together, the combined income or resources of both shall be
26 considered in determining the eligibility of either or both for such assis-
27 tance unless otherwise prohibited by law. The secretary, in determining
28 need of any applicant for or recipient of assistance shall not take into
29 account the financial responsibility of any individual for any applicant or
30 recipient of assistance unless such applicant or recipient is such individ-
31 ual's spouse or such individual's minor child or minor stepchild if the
32 stepchild is living with such individual. The secretary in determining the
33 need of an individual for assistance shall take into consideration the
34 monthly cost of prescription drugs to that individual and deduct that
35 verified amount from an applicant's reported monthly income. The sec-
36 retary in determining need of an individual may provide such income and
37 resource exemptions as may be permitted by federal law. For purposes
38 of eligibility for aid for families with dependent children, for food stamp
39 assistance and for any other assistance provided through the department
40 of social and rehabilitation services under which federal moneys are ex-
41 pended, the secretary of social and rehabilitation services shall consider
42 one motor vehicle owned by the applicant for assistance, regardless of
43 the value of such vehicle, as exempt personal property and shall consider
44 any equity in any additional motor vehicle owned by the applicant for
45 assistance to be a nonexempt resource of the applicant for assistance.
46 (2) Is a citizen of the United States or is an alien lawfully admitted
47 to the United States and who is residing in the state of Kansas.
48 (b) Assistance to families with dependent children. Assistance may be
49 granted under this act to any dependent child, or relative, subject to the
50 general eligibility requirements as set out in subsection (a), who resides
51 in the state of Kansas or whose parent or other relative with whom the
52 child is living resides in the state of Kansas. Such assistance shall be known
53 as aid to families with dependent children. Where husband and wife are
54 living together both shall register for work under the program require-
55 ments for aid to families with dependent children in accordance with
56 criteria and guidelines prescribed by rules and regulations of the
57 secretary.
58 (c) Aid to families with dependent children; assignment of support
59 rights and limited power of attorney. By applying for or receiving aid to
60 families with dependent children such applicant or recipient shall be
61 deemed to have assigned to the secretary on behalf of the state any ac-
62 crued, present or future rights to support from any other person such
63 applicant may have in such person's own behalf or in behalf of any other
64 family member for whom the applicant is applying for or receiving aid.
65 In any case in which an order for child support has been established and
66 the legal custodian and obligee under the order surrenders physical cus-
67 tody of the child to a caretaker relative without obtaining a modification
68 of legal custody and support rights on behalf of the child are assigned
69 pursuant to this section, the surrender of physical custody and the as-
70 signment shall transfer, by operation of law, the child's support rights
71 under the order to the secretary on behalf of the state. Such assignment
72 shall be of all accrued, present or future rights to support of the child
73 surrendered to the caretaker relative. The assignment of support rights
74 shall automatically become effective upon the date of approval for or
75 receipt of such aid without the requirement that any document be signed
76 by the applicant, recipient or obligee. By applying for or receiving aid to
77 families with dependent children, or by surrendering physical custody of
78 a child to a caretaker relative who is an applicant or recipient of such
79 assistance on the child's behalf, the applicant, recipient or obligee is also
80 deemed to have appointed the secretary, or the secretary's designee, as
81 an attorney in fact to perform the specific act of negotiating and endorsing
82 all drafts, checks, money orders or other negotiable instruments repre-
83 senting support payments received by the secretary in behalf of any per-
84 son applying for, receiving or having received such assistance. This limited
85 power of attorney shall be effective from the date the secretary approves
86 the application for aid and shall remain in effect until the assignment of
87 support rights has been terminated in full.
88 (d) Eligibility requirements for general assistance, the cost of which
89 is not shared by the federal government. (1) General assistance may be
90 granted to eligible persons who do not qualify for financial assistance in
91 a program in which the federal government participates and who satisfy
92 the additional requirements prescribed by or under this subsection (d).
93 (A) To qualify for general assistance in any form a needy person must
94 have insufficient income or resources to provide a reasonable subsistence
95 compatible with decency and health and, except as provided for transi-
96 tional assistance, be a member of a family in which a minor child or a
97 pregnant woman resides or be unable to engage in employment. The
98 secretary shall adopt rules and regulations prescribing criteria for estab-
99 lishing when a minor child may be considered to be living with a family
100 and whether a person is able to engage in employment, including such
101 factors as age or physical or mental condition. Eligibility for general as-
102 sistance, other than transitional assistance, is limited to families in which
103 a minor child or a pregnant woman resides or to an adult or family in
104 which all legally responsible family members are unable to engage in
105 employment. Where a husband and wife are living together the combined
106 income or resources of both shall be considered in determining the eli-
107 gibility of either or both for such assistance unless otherwise prohibited
108 by law. The secretary in determining need of any applicant for or recipient
109 of general assistance shall not take into account the financial responsibility
110 of any individual for any applicant or recipient of general assistance unless
111 such applicant or recipient is such individual's spouse or such individual's
112 minor child or a minor stepchild if the stepchild is living with such indi-
113 vidual. The secretary in determining the need of an individual for assis-
114 tance shall take into consideration the monthly cost of prescription drugs
115 to that individual and deduct that verified amount from an applicant's
116 reported monthly income. In determining the need of an individual, the
117 secretary may provide for income and resource exemptions.
118 (B) To qualify for general assistance in any form a needy person must
119 be a citizen of the United States or an alien lawfully admitted to the
120 United States and must be residing in the state of Kansas.
121 (2) General assistance in the form of transitional assistance may be
122 granted to eligible persons who do not qualify for financial assistance in
123 a program in which the federal government participates and who satisfy
124 the additional requirements prescribed by or under this subsection (d),
125 but who do not meet the criteria prescribed by rules and regulations of
126 the secretary relating to inability to engage in employment or are not a
127 member of a family in which a minor or a pregnant woman resides.
128 (3) In addition to the other requirements prescribed under this sub-
129 section (d), the secretary shall adopt rules and regulations which establish
130 community work experience program requirements for eligibility for the
131 receipt of general assistance in any form and which establish penalties to
132 be imposed when a work assignment under a community work experience
133 program requirement is not completed without good cause. The secretary
134 may adopt rules and regulations establishing exemptions from any such
135 community work experience program requirements. A first time failure
136 to complete such a work assignment requirement shall result in ineligi-
137 bility to receive general assistance for a period fixed by such rules and
138 regulations of not more than three calendar months. A subsequent failure
139 to complete such a work assignment requirement shall result in a period
140 fixed by such rules and regulations of ineligibility of not more than six
141 calendar months.
142 (4) If any person is found guilty of the crime of theft under the pro-
143 visions of K.S.A. 39-720, and amendments thereto, such person shall
144 thereby become forever ineligible to receive any form of general assis-
145 tance under the provisions of this subsection (d) unless the conviction is
146 the person's first conviction under the provisions of K.S.A. 39-720, and
147 amendments thereto, or the law of any other state concerning welfare
148 fraud. First time offenders convicted of a misdemeanor under the pro-
149 visions of such statute shall become ineligible to receive any form of
150 general assistance for a period of 12 calendar months from the date of
151 conviction. First time offenders convicted of a felony under the provisions
152 of such statute shall become ineligible to receive any form of general
153 assistance for a period of 60 calendar months from the date of conviction.
154 If any person is found guilty by a court of competent jurisdiction of any
155 state other than the state of Kansas of a crime involving welfare fraud,
156 such person shall thereby become forever ineligible to receive any form
157 of general assistance under the provisions of this subsection (d) unless
158 the conviction is the person's first conviction under the law of any other
159 state concerning welfare fraud. First time offenders convicted of a mis-
160 demeanor under the law of any other state concerning welfare fraud shall
161 become ineligible to receive any form of general assistance for a period
162 of 12 calendar months from the date of conviction. First time offenders
163 convicted of a felony under the law of any other state concerning welfare
164 fraud shall become ineligible to receive any form of general assistance for
165 a period of 60 calendar months from the date of conviction.
166 (e) Requirements for medical assistance for which federal moneys or
167 state moneys or both are expended. When the secretary has adopted a
168 medical care plan under which federal moneys or state moneys or both
169 are expended, medical assistance in accordance with such plan shall be
170 granted to any person who is a citizen of the United States or who is an
171 alien lawfully admitted to the United States and who is residing in the
172 state of Kansas, whose resources and income do not exceed the levels
173 prescribed by the secretary. In determining the need of an individual, the
174 secretary may provide for income and resource exemptions and protected
175 income and resource levels. Resources from inheritance shall be counted.
176 A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and amend-
177 ments thereto, shall constitute a transfer of resources. The secretary in
178 determining the need of an individual for medical assistance shall take
179 into consideration the monthly cost of prescription drugs to that individ-
180 ual and deduct that verified amount from an applicant's reported monthly
181 income. The secretary shall exempt principal and interest held in irrevo-
182 cable trust pursuant to subsection (c) of K.S.A. 16-303, and amendments
183 thereto, from the eligibility requirements of applicants for and recipients
184 of medical assistance. Such assistance shall be known as medical
185 assistance.
186 (f) Eligibility for medical assistance of resident receiving medical care
187 outside state. A person who is receiving medical care including long-term
188 care outside of Kansas whose health would be endangered by the post-
189 ponement of medical care until return to the state or by travel to return
190 to Kansas, may be determined eligible for medical assistance if such in-
191 dividual is a resident of Kansas and all other eligibility factors are met.
192 Persons who are receiving medical care on an ongoing basis in a long-
193 term medical care facility in a state other than Kansas and who do not
194 return to a care facility in Kansas when they are able to do so, shall no
195 longer be eligible to receive assistance in Kansas unless such medical care
196 is not available in a comparable facility or program providing such medical
197 care in Kansas. For persons who are minors or who are under guardi-
198 anship, the actions of the parent or guardian shall be deemed to be the
199 actions of the child or ward in determining whether or not the person is
200 remaining outside the state voluntarily.
201 (g) Medical assistance; assignment of rights to medical support and
202 limited power of attorney; recovery from estates of deceased recipients.
203 (1) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
204 amendments thereto, or as otherwise authorized on and after September
205 30, 1989, under section 303 and amendments thereto of the federal med-
206 icare catastrophic coverage act of 1988, whichever is applicable, by ap-
207 plying for or receiving medical assistance under a medical care plan in
208 which federal funds are expended, any accrued, present or future rights
209 to support and any rights to payment for medical care from a third party
210 of an applicant or recipient and any other family member for whom the
211 applicant is applying shall be deemed to have been assigned to the sec-
212 retary on behalf of the state. The assignment shall automatically become
213 effective upon the date of approval for such assistance without the re-
214 quirement that any document be signed by the applicant or recipient. By
215 applying for or receiving medical assistance the applicant or recipient is
216 also deemed to have appointed the secretary, or the secretary's designee,
217 as an attorney in fact to perform the specific act of negotiating and en-
218 dorsing all drafts, checks, money orders or other negotiable instruments,
219 representing payments received by the secretary in behalf of any person
220 applying for, receiving or having received such assistance. This limited
221 power of attorney shall be effective from the date the secretary approves
222 the application for assistance and shall remain in effect until the assign-
223 ment has been terminated in full. The assignment of any rights to pay-
224 ment for medical care from a third party under this subsection shall not
225 prohibit a health care provider from directly billing an insurance carrier
226 for services rendered if the provider has not submitted a claim covering
227 such services to the secretary for payment. Support amounts collected on
228 behalf of persons whose rights to support are assigned to the secretary
229 only under this subsection and no other shall be distributed pursuant to
230 subsection (d) of K.S.A. 39-756, and amendments thereto, except that
231 any amounts designated as medical support shall be retained by the sec-
232 retary for repayment of the unreimbursed portion of assistance. Amounts
233 collected pursuant to the assignment of rights to payment for medical
234 care from a third party shall also be retained by the secretary for repay-
235 ment of the unreimbursed portion of assistance.
236 (2) The amount of any medical assistance paid after June 30, 1992,
237 under the provisions of subsection (e) is (A) a claim against the property
238 or any interest therein belonging to and a part of the estate of any de-
239 ceased recipient or, if there is no estate, the estate of the surviving spouse,
240 if any, shall be charged for such medical assistance paid to either or both,
241 and (B) a claim against any funds of such recipient or spouse in any
242 account under K.S.A. 9-1215, 9-1216, 17-2263, 17-2264, 17-5828 or 17-
243 5829, and amendments thereto. There shall be no recovery of medical
244 assistance correctly paid to or on behalf of an individual under subsection
245 (e) except after the death of the surviving spouse of the individual, if any,
246 and only at a time when the individual has no surviving child who is under
247 21 years of age or is blind or permanently and totally disabled. Transfers
248 of real or personal property by recipients of medical assistance without
249 adequate consideration are voidable and may be set aside. Except where
250 there is a surviving spouse, or a surviving child who is under 21 years of
251 age or is blind or permanently and totally disabled, the amount of any
252 medical assistance paid under subsection (e) is a claim against the estate
253 in any guardianship or conservatorship proceeding. The monetary value
254 of any benefits received by the recipient of such medical assistance under
255 long-term care insurance, as defined by K.S.A. 40-2227, and amendments
256 thereto, shall be a credit against the amount of the claim provided for
257 such medical assistance under this subsection (g). The secretary is au-
258 thorized to enforce each claim provided for under this subsection (g).
259 The secretary shall not be required to pursue every claim, but is granted
260 discretion to determine which claims to pursue. All moneys received by
261 the secretary from claims under this subsection (g) shall be deposited in
262 the social welfare fund. The secretary may adopt rules and regulations
263 for the implementation and administration of the medical assistance re-
264 covery program under this subsection (g).
265 (h) Placement under code for care of children or juvenile offenders
266 code; assignment of support rights and limited power of attorney. In any
267 case in which the secretary of social and rehabilitation services pays for
268 the expenses of care and custody of a child pursuant to K.S.A. 38-1501
269 et seq. or 38-1601 et seq., and amendments thereto, including the ex-
270 penses of any foster care placement, an assignment of all past, present
271 and future support rights of the child in custody possessed by either
272 parent or other person entitled to receive support payments for the child
273 is, by operation of law, conveyed to the secretary. Such assignment shall
274 become effective upon placement of a child in the custody of the secretary
275 or upon payment of the expenses of care and custody of a child by the
276 secretary without the requirement that any document be signed by the
277 parent or other person entitled to receive support payments for the child.
278 When the secretary pays for the expenses of care and custody of a child
279 or a child is placed in the custody of the secretary, the parent or other
280 person entitled to receive support payments for the child is also deemed
281 to have appointed the secretary, or the secretary's designee, as attorney
282 in fact to perform the specific act of negotiating and endorsing all drafts,
283 checks, money orders or other negotiable instruments representing sup-
284 port payments received by the secretary on behalf of the child. This lim-
285 ited power of attorney shall be effective from the date the assignment to
286 support rights becomes effective and shall remain in effect until the as-
287 signment of support rights has been terminated in full.
288 (i) No person who voluntarily quits employment or who is fired from
289 employment due to gross misconduct as defined by rules and regulations
290 of the secretary or who is a fugitive from justice by reason of a felony
291 conviction or charge shall be eligible to receive public assistance benefits
292 in this state. Any recipient of public assistance who fails to timely comply
293 with monthly reporting requirements under criteria and guidelines pre-
294 scribed by rules and regulations of the secretary shall be subject to a
295 penalty established by the secretary by rules and regulations.
296 (j) If the applicant or recipient of aid to families with dependent chil-
297 dren is a mother of the dependent child, as a condition of the mother's
298 eligibility for aid to families with dependent children the mother shall
299 identify by name and, if known, by current address the father of the
300 dependent child except that the secretary may adopt by rules and regu-
301 lations exceptions to this requirement in cases of undue hardship. Any
302 recipient of aid to families with dependent children who fails to cooperate
303 with requirements relating to child support enforcement under criteria
304 and guidelines prescribed by rules and regulations of the secretary shall
305 be subject to a penalty established by the secretary by rules and regula-
306 tions which penalty shall progress to ineligibility for the family after three
307 months of noncooperation.
308 (k) By applying for or receiving child care benefits or food stamps,
309 the applicant or recipient shall be deemed to have assigned, pursuant to
310 K.S.A. 39-756 and amendments thereto, to the secretary on behalf of the
311 state only accrued, present or future rights to support from any other
312 person such applicant may have in such person's own behalf or in behalf
313 of any other family member for whom the applicant is applying for or
314 receiving aid. The assignment of support rights shall automatically be-
315 come effective upon the date of approval for or receipt of such aid without
316 the requirement that any document be signed by the applicant or recip-
317 ient. By applying for or receiving child care benefits or food stamps, the
318 applicant or recipient is also deemed to have appointed the secretary, or
319 the secretary's designee, as an attorney in fact to perform the specific act
320 of negotiating and endorsing all drafts, checks, money orders or other
321 negotiable instruments representing support payments received by the
322 secretary in behalf of any person applying for, receiving or having received
323 such assistance. This limited power of attorney shall be effective from the
324 date the secretary approves the application for aid and shall remain in
325 effect until the assignment of support rights has been terminated in full.
326 An applicant or recipient who has assigned support rights to the secretary
327 pursuant to this subsection shall cooperate in establishing and enforcing
328 support obligations to the same extent required of applicants for or re-
329 cipients of aid to families with dependent children.
330 Sec. 2. K.S.A. 1998 Supp. 39-709 is hereby repealed.
331 Sec. 3. This act shall take effect and be in force from and after its
332 publication in the statute book.