Session of 2000
HOUSE BILL No. 2763
By Representative Alldritt, Aday,
Barnes, Burroughs, Compton, Dean,
Feuerborn,
Findley, Garner, Gatewood, Haley, Horst, Huff, Kirk,
Kuether,
Larkin, McClure, Nichols, O'Brien, E. Peterson, Phelps,
Powers,
Sharp, Sloan, Swenson, Toelkes, Tomlinson, Vickery, and
Welshimer
1-31
14 AN ACT
concerning social welfare; relating to eligibility for public
assis-
15 tance; amending K.S.A.
1999 Supp. 39-709 and repealing the existing
16 section.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. K.S.A. 1999 Supp. 39-709 is hereby amended to read as
20 follows: 39-709. (a) General eligibility
requirements for assistance for
21 which federal moneys are expended.
Subject to the additional require-
22 ments below, assistance in accordance with
plans under which federal
23 moneys are expended may be granted to any
needy person who:
24 (1) Has
insufficient income or resources to provide a reasonable sub-
25 sistence compatible with decency and
health. Where a husband and wife
26 are living together, the combined income or
resources of both shall be
27 considered in determining the eligibility
of either or both for such assis-
28 tance unless otherwise prohibited by law.
The secretary, in determining
29 need of any applicant for or recipient of
assistance shall not take into
30 account the financial responsibility of any
individual for any applicant or
31 recipient of assistance unless such
applicant or recipient is such individ-
32 ual's spouse or such individual's minor
child or minor stepchild if the
33 stepchild is living with such individual.
The secretary in determining the
34 need of an individual for assistance
shall take into consideration the
35 monthly cost of prescription drugs to
that individual and deduct that
36 verified amount from an applicant's
reported monthly income. The sec-
37 retary in determining need of an individual
may provide such income and
38 resource exemptions as may be permitted by
federal law. For purposes
39 of eligibility for aid for families with
dependent children, for food stamp
40 assistance and for any other assistance
provided through the department
41 of social and rehabilitation services under
which federal moneys are ex-
42 pended, the secretary of social and
rehabilitation services shall consider
43 one motor vehicle owned by the applicant
for assistance, regardless of
44 the value of such vehicle, as exempt
personal property and shall consider
2
1 any equity in any additional motor
vehicle owned by the applicant for
2 assistance to be a nonexempt resource
of the applicant for assistance.
3 (2) Is a
citizen of the United States or is an alien lawfully admitted
4 to the United States and who is
residing in the state of Kansas.
5
(b) Assistance to families with dependent children.
Assistance may be
6 granted under this act to any
dependent child, or relative, subject to the
7 general eligibility requirements as
set out in subsection (a), who resides
8 in the state of Kansas or whose
parent or other relative with whom the
9 child is living resides in the state
of Kansas. Such assistance shall be known
10 as aid to families with dependent children.
Where husband and wife are
11 living together both shall register for
work under the program require-
12 ments for aid to families with dependent
children in accordance with
13 criteria and guidelines prescribed by rules
and regulations of the
14 secretary.
15 (c) Aid to
families with dependent children; assignment of support
16 rights and limited power of
attorney. By applying for or receiving aid to
17 families with dependent children such
applicant or recipient shall be
18 deemed to have assigned to the secretary on
behalf of the state any ac-
19 crued, present or future rights to support
from any other person such
20 applicant may have in such person's own
behalf or in behalf of any other
21 family member for whom the applicant is
applying for or receiving aid.
22 In any case in which an order for child
support has been established and
23 the legal custodian and obligee under the
order surrenders physical cus-
24 tody of the child to a caretaker relative
without obtaining a modification
25 of legal custody and support rights on
behalf of the child are assigned
26 pursuant to this section, the surrender of
physical custody and the as-
27 signment shall transfer, by operation of
law, the child's support rights
28 under the order to the secretary on behalf
of the state. Such assignment
29 shall be of all accrued, present or future
rights to support of the child
30 surrendered to the caretaker relative. The
assignment of support rights
31 shall automatically become effective upon
the date of approval for or
32 receipt of such aid without the requirement
that any document be signed
33 by the applicant, recipient or obligee. By
applying for or receiving aid to
34 families with dependent children, or by
surrendering physical custody of
35 a child to a caretaker relative who is an
applicant or recipient of such
36 assistance on the child's behalf, the
applicant, recipient or obligee is also
37 deemed to have appointed the secretary, or
the secretary's designee, as
38 an attorney in fact to perform the specific
act of negotiating and endorsing
39 all drafts, checks, money orders or other
negotiable instruments repre-
40 senting support payments received by the
secretary in behalf of any per-
41 son applying for, receiving or having
received such assistance. This limited
42 power of attorney shall be effective from
the date the secretary approves
43 the application for aid and shall remain in
effect until the assignment of
3
1 support rights has been terminated in
full.
2
(d) Eligibility requirements for general assistance, the
cost of which
3 is not shared by the federal
government. (1) General assistance may be
4 granted to eligible persons who do
not qualify for financial assistance in
5 a program in which the federal
government participates and who satisfy
6 the additional requirements
prescribed by or under this subsection (d).
7 (A) To
qualify for general assistance in any form a needy person must
8 have insufficient income or resources
to provide a reasonable subsistence
9 compatible with decency and health
and, except as provided for transi-
10 tional assistance, be a member of a family
in which a minor child or a
11 pregnant woman resides or be unable to
engage in employment. The
12 secretary shall adopt rules and regulations
prescribing criteria for estab-
13 lishing when a minor child may be
considered to be living with a family
14 and whether a person is able to engage in
employment, including such
15 factors as age or physical or mental
condition. Eligibility for general as-
16 sistance, other than transitional
assistance, is limited to families in which
17 a minor child or a pregnant woman resides
or to an adult or family in
18 which all legally responsible family
members are unable to engage in
19 employment. Where a husband and wife are
living together the combined
20 income or resources of both shall be
considered in determining the eli-
21 gibility of either or both for such
assistance unless otherwise prohibited
22 by law. The secretary in determining need
of any applicant for or recipient
23 of general assistance shall not take into
account the financial responsibility
24 of any individual for any applicant or
recipient of general assistance unless
25 such applicant or recipient is such
individual's spouse or such individual's
26 minor child or a minor stepchild if the
stepchild is living with such indi-
27 vidual. The secretary in determining the
need of an individual for assis-
28 tance shall take into consideration the
monthly cost of prescription drugs
29 to that individual and deduct that
verified amount from an applicant's
30 reported monthly income. In
determining the need of an individual, the
31 secretary may provide for income and
resource exemptions.
32 (B) To qualify
for general assistance in any form a needy person must
33 be a citizen of the United States or an
alien lawfully admitted to the
34 United States and must be residing in the
state of Kansas.
35 (2) General
assistance in the form of transitional assistance may be
36 granted to eligible persons who do not
qualify for financial assistance in
37 a program in which the federal government
participates and who satisfy
38 the additional requirements prescribed by
or under this subsection (d),
39 but who do not meet the criteria prescribed
by rules and regulations of
40 the secretary relating to inability to
engage in employment or are not a
41 member of a family in which a minor or a
pregnant woman resides.
42 (3) In addition
to the other requirements prescribed under this sub-
43 section (d), the secretary shall adopt
rules and regulations which establish
4
1 community work experience program
requirements for eligibility for the
2 receipt of general assistance in any
form and which establish penalties to
3 be imposed when a work assignment
under a community work experience
4 program requirement is not completed
without good cause. The secretary
5 may adopt rules and regulations
establishing exemptions from any such
6 community work experience program
requirements. A first time failure
7 to complete such a work assignment
requirement shall result in ineligi-
8 bility to receive general assistance
for a period fixed by such rules and
9 regulations of not more than three
calendar months. A subsequent failure
10 to complete such a work assignment
requirement shall result in a period
11 fixed by such rules and regulations of
ineligibility of not more than six
12 calendar months.
13 (4) If any person
is found guilty of the crime of theft under the pro-
14 visions of K.S.A. 39-720, and amendments
thereto, such person shall
15 thereby become forever ineligible to
receive any form of general assis-
16 tance under the provisions of this
subsection (d) unless the conviction is
17 the person's first conviction under the
provisions of K.S.A. 39-720, and
18 amendments thereto, or the law of any other
state concerning welfare
19 fraud. First time offenders convicted of a
misdemeanor under the pro-
20 visions of such statute shall become
ineligible to receive any form of
21 general assistance for a period of 12
calendar months from the date of
22 conviction. First time offenders convicted
of a felony under the provisions
23 of such statute shall become ineligible to
receive any form of general
24 assistance for a period of 60 calendar
months from the date of conviction.
25 If any person is found guilty by a court of
competent jurisdiction of any
26 state other than the state of Kansas of a
crime involving welfare fraud,
27 such person shall thereby become forever
ineligible to receive any form
28 of general assistance under the provisions
of this subsection (d) unless
29 the conviction is the person's first
conviction under the law of any other
30 state concerning welfare fraud. First time
offenders convicted of a mis-
31 demeanor under the law of any other state
concerning welfare fraud shall
32 become ineligible to receive any form of
general assistance for a period
33 of 12 calendar months from the date of
conviction. First time offenders
34 convicted of a felony under the law of any
other state concerning welfare
35 fraud shall become ineligible to receive
any form of general assistance for
36 a period of 60 calendar months from the
date of conviction.
37
(e) Requirements for medical assistance for which federal
moneys or
38 state moneys or both are expended.
When the secretary has adopted a
39 medical care plan under which federal
moneys or state moneys or both
40 are expended, medical assistance in
accordance with such plan shall be
41 granted to any person who is a citizen of
the United States or who is an
42 alien lawfully admitted to the United
States and who is residing in the
43 state of Kansas, whose resources and income
do not exceed the levels
5
1 prescribed by the secretary. In
determining the need of an individual, the
2 secretary may provide for income and
resource exemptions and protected
3 income and resource levels. Resources
from inheritance shall be counted.
4 A disclaimer of an inheritance
pursuant to K.S.A. 59-2291, and amend-
5 ments thereto, shall constitute a
transfer of resources. The secretary in
6 determining the need of an
individual for medical assistance shall take
7 into consideration the monthly
cost of prescription drugs to that individ-
8 ual and deduct that verified
amount from an applicant's reported monthly
9 income. The secretary shall
exempt principal and interest held in irrevo-
10 cable trust pursuant to subsection (c) of
K.S.A. 16-303, and amendments
11 thereto, from the eligibility requirements
of applicants for and recipients
12 of medical assistance. Such assistance
shall be known as medical
13 assistance.
14
(f) Eligibility for medical assistance of resident
receiving medical care
15 outside state. A person who is
receiving medical care including long-term
16 care outside of Kansas whose health would
be endangered by the post-
17 ponement of medical care until return to
the state or by travel to return
18 to Kansas, may be determined eligible for
medical assistance if such in-
19 dividual is a resident of Kansas and all
other eligibility factors are met.
20 Persons who are receiving medical care on
an ongoing basis in a long-
21 term medical care facility in a state other
than Kansas and who do not
22 return to a care facility in Kansas when
they are able to do so, shall no
23 longer be eligible to receive assistance in
Kansas unless such medical care
24 is not available in a comparable facility
or program providing such medical
25 care in Kansas. For persons who are minors
or who are under guardi-
26 anship, the actions of the parent or
guardian shall be deemed to be the
27 actions of the child or ward in determining
whether or not the person is
28 remaining outside the state
voluntarily.
29 (g) Medical
assistance; assignment of rights to medical support and
30 limited power of attorney; recovery from
estates of deceased recipients.
31 (1) Except as otherwise provided in K.S.A.
39-786 and 39-787, and
32 amendments thereto, or as otherwise
authorized on and after September
33 30, 1989, under section 303 and amendments
thereto of the federal med-
34 icare catastrophic coverage act of 1988,
whichever is applicable, by ap-
35 plying for or receiving medical assistance
under a medical care plan in
36 which federal funds are expended, any
accrued, present or future rights
37 to support and any rights to payment for
medical care from a third party
38 of an applicant or recipient and any other
family member for whom the
39 applicant is applying shall be deemed to
have been assigned to the sec-
40 retary on behalf of the state. The
assignment shall automatically become
41 effective upon the date of approval for
such assistance without the re-
42 quirement that any document be signed by
the applicant or recipient. By
43 applying for or receiving medical
assistance the applicant or recipient is
6
1 also deemed to have appointed the
secretary, or the secretary's designee,
2 as an attorney in fact to perform the
specific act of negotiating and en-
3 dorsing all drafts, checks, money
orders or other negotiable instruments,
4 representing payments received by the
secretary in behalf of any person
5 applying for, receiving or having
received such assistance. This limited
6 power of attorney shall be effective
from the date the secretary approves
7 the application for assistance and
shall remain in effect until the assign-
8 ment has been terminated in full. The
assignment of any rights to pay-
9 ment for medical care from a third
party under this subsection shall not
10 prohibit a health care provider from
directly billing an insurance carrier
11 for services rendered if the provider has
not submitted a claim covering
12 such services to the secretary for payment.
Support amounts collected on
13 behalf of persons whose rights to support
are assigned to the secretary
14 only under this subsection and no other
shall be distributed pursuant to
15 subsection (d) of K.S.A. 39-756, and
amendments thereto, except that
16 any amounts designated as medical support
shall be retained by the sec-
17 retary for repayment of the unreimbursed
portion of assistance. Amounts
18 collected pursuant to the assignment of
rights to payment for medical
19 care from a third party shall also be
retained by the secretary for repay-
20 ment of the unreimbursed portion of
assistance.
21 (2) The amount of
any medical assistance paid after June 30, 1992,
22 under the provisions of subsection (e) is
(A) a claim against the property
23 or any interest therein belonging to and a
part of the estate of any de-
24 ceased recipient or, if there is no estate,
the estate of the surviving spouse,
25 if any, shall be charged for such medical
assistance paid to either or both,
26 and (B) a claim against any funds of such
recipient or spouse in any
27 account under K.S.A. 9-1215, 9-1216,
17-2263, 17-2264, 17-5828 or 17-
28 5829, and amendments thereto. There shall
be no recovery of medical
29 assistance correctly paid to or on behalf
of an individual under subsection
30 (e) except after the death of the surviving
spouse of the individual, if any,
31 and only at a time when the individual has
no surviving child who is under
32 21 years of age or is blind or permanently
and totally disabled. Transfers
33 of real or personal property by recipients
of medical assistance without
34 adequate consideration are voidable and may
be set aside. Except where
35 there is a surviving spouse, or a surviving
child who is under 21 years of
36 age or is blind or permanently and totally
disabled, the amount of any
37 medical assistance paid under subsection
(e) is a claim against the estate
38 in any guardianship or conservatorship
proceeding. The monetary value
39 of any benefits received by the recipient
of such medical assistance under
40 long-term care insurance, as defined by
K.S.A. 40-2227, and amendments
41 thereto, shall be a credit against the
amount of the claim provided for
42 such medical assistance under this
subsection (g). The secretary is au-
43 thorized to enforce each claim provided for
under this subsection (g).
7
1 The secretary shall not be required
to pursue every claim, but is granted
2 discretion to determine which claims
to pursue. All moneys received by
3 the secretary from claims under this
subsection (g) shall be deposited in
4 the social welfare fund. The
secretary may adopt rules and regulations
5 for the implementation and
administration of the medical assistance re-
6 covery program under this subsection
(g).
7
(h) Placement under code for care of children or juvenile
offenders
8 code; assignment of support rights
and limited power of attorney. In any
9 case in which the secretary of social
and rehabilitation services pays for
10 the expenses of care and custody of a child
pursuant to K.S.A. 38-1501
11 et seq. or 38-1601 et seq.,
and amendments thereto, including the ex-
12 penses of any foster care placement, an
assignment of all past, present
13 and future support rights of the child in
custody possessed by either
14 parent or other person entitled to receive
support payments for the child
15 is, by operation of law, conveyed to the
secretary. Such assignment shall
16 become effective upon placement of a child
in the custody of the secretary
17 or upon payment of the expenses of care and
custody of a child by the
18 secretary without the requirement that any
document be signed by the
19 parent or other person entitled to receive
support payments for the child.
20 When the secretary pays for the expenses of
care and custody of a child
21 or a child is placed in the custody of the
secretary, the parent or other
22 person entitled to receive support payments
for the child is also deemed
23 to have appointed the secretary, or the
secretary's designee, as attorney
24 in fact to perform the specific act of
negotiating and endorsing all drafts,
25 checks, money orders or other negotiable
instruments representing sup-
26 port payments received by the secretary on
behalf of the child. This lim-
27 ited power of attorney shall be effective
from the date the assignment to
28 support rights becomes effective and shall
remain in effect until the as-
29 signment of support rights has been
terminated in full.
30 (i) No person who
voluntarily quits employment or who is fired from
31 employment due to gross misconduct as
defined by rules and regulations
32 of the secretary or who is a fugitive from
justice by reason of a felony
33 conviction or charge shall be eligible to
receive public assistance benefits
34 in this state. Any recipient of public
assistance who fails to timely comply
35 with monthly reporting requirements under
criteria and guidelines pre-
36 scribed by rules and regulations of the
secretary shall be subject to a
37 penalty established by the secretary by
rules and regulations.
38 (j) If the
applicant or recipient of aid to families with dependent chil-
39 dren is a mother of the dependent child, as
a condition of the mother's
40 eligibility for aid to families with
dependent children the mother shall
41 identify by name and, if known, by current
address the father of the
42 dependent child except that the secretary
may adopt by rules and regu-
43 lations exceptions to this requirement in
cases of undue hardship. Any
8
1 recipient of aid to families with
dependent children who fails to cooperate
2 with requirements relating to child
support enforcement under criteria
3 and guidelines prescribed by rules
and regulations of the secretary shall
4 be subject to a penalty established
by the secretary by rules and regula-
5 tions which penalty shall progress to
ineligibility for the family after three
6 months of noncooperation.
7 (k) By
applying for or receiving child care benefits or food stamps,
8 the applicant or recipient shall be
deemed to have assigned, pursuant to
9 K.S.A. 39-756 and amendments thereto,
to the secretary on behalf of the
10 state only accrued, present or future
rights to support from any other
11 person such applicant may have in such
person's own behalf or in behalf
12 of any other family member for whom the
applicant is applying for or
13 receiving aid. The assignment of support
rights shall automatically be-
14 come effective upon the date of approval
for or receipt of such aid without
15 the requirement that any document be signed
by the applicant or recip-
16 ient. By applying for or receiving child
care benefits or food stamps, the
17 applicant or recipient is also deemed to
have appointed the secretary, or
18 the secretary's designee, as an attorney in
fact to perform the specific act
19 of negotiating and endorsing all drafts,
checks, money orders or other
20 negotiable instruments representing support
payments received by the
21 secretary in behalf of any person applying
for, receiving or having received
22 such assistance. This limited power of
attorney shall be effective from the
23 date the secretary approves the application
for aid and shall remain in
24 effect until the assignment of support
rights has been terminated in full.
25 An applicant or recipient who has assigned
support rights to the secretary
26 pursuant to this subsection shall cooperate
in establishing and enforcing
27 support obligations to the same extent
required of applicants for or re-
28 cipients of aid to families with dependent
children.
29 Sec. 2. K.S.A. 1999 Supp. 39-709
is hereby repealed.
30 Sec. 3. This act shall
take effect and be in force from and after its
31 publication in the statute book.