Kansas public aid bill

Senate Substitute for HOUSE BILL No. 2258

AN ACT concerning social welfare; Kansas department for children and families; eligibilityrequirements for assistance; amending K.S.A. 17-2263, 17-5828, 39-709b, 59-1301 and59-3504 and K.S.A. 2014 Supp. 9-1215, 9-1216, 16-311, 17-2264, 17-5829, 39-702, 39-709, 39-709c, 39-753, 39-756a, 59-2222, 59-2247, 59-2801 and 59-3086 and repealingthe existing sections; also repealing K.S.A. 39-7,101, 39-7,106, 39-7,107, 39-7,110 and75-5364 and K.S.A. 2014 Supp. 39-7,102, 39-7,103, 39-7,104, 39-7,105, 39-7,108, 39-7,109 and 39-7,122.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2014 Supp. 9-1215 is hereby amended to read asfollows: 9-1215. Subject to the provisions of this section and K.S.A. 9-1216, and amendments thereto, an individual adult or minor, hereafterreferred to as the owner, may enter into a written contract with any banklocated in this state providing that the balance of the owners depositaccount, or the balance of the owners legal share of a deposit account,at the time of death of the owner shall be made payable on the death ofthe owner to one or more persons or, if the persons predecease the owner,to another person or persons, hereafter referred to as the beneficiary orbeneficiaries. If any beneficiary is a minor at the time the account, or anyportion of the account, becomes payable to the beneficiary and the bal-ance, or portion of the balance, exceeds the amount specified by K.S.A.59-3053, and amendments thereto, the moneys shall be payable only toa conservator of the minor beneficiary.

Transfers pursuant to this section shall not be considered testamentaryor be invalidated due to nonconformity with the provisions of chapter 59of the Kansas Statutes Annotated, and amendments thereto.

Every contract authorized by this section shall be considered to containa right on the part of the owner during the owners lifetime both towithdraw funds on deposit in the account in the manner provided in thecontract, in whole or in part, as though no beneficiary has been named,and to change the designation of beneficiary. The interest of the bene-ficiary shall be considered not to vest until the death of the owner and,if there is a claim pursuant to subsection (g) of K.S.A. 39-709, and amend-ments thereto, until such claim is satisfied.

No change in the designation of the beneficiary shall be valid unlessexecuted in the form and manner prescribed by the bank and deliveredto the bank prior to the death of the owner.

For the purposes of this section, the balance of the owners depositaccount or the balance of the owners legal share of a deposit accountshall not be construed to include any portion of the account which underthe law of joint tenancy is the property of another joint tenant of theaccount upon the death of the owner.

As used in this section, person means any individual, individual orcorporate fiduciary or nonprofit religious or charitable organization asdefined by K.S.A. 79-4701, and amendments thereto.

Sec. 2. K.S.A. 2014 Supp. 9-1216 is hereby amended to read as fol-lows: 9-1216. When the owner and the bank have entered into a contractauthorized in K.S.A. 9-1215, and amendments thereto, the owners de-posit account subject to the contract or any part of or interest on theaccount shall be paid by the bank to the owner or pursuant to the ownersorder during the owners lifetime. On the owners death, the depositaccount or any part of or interest on the account shall be paid by the bankto the secretary for children and families for a claim pursuant to subsec-tion (g) of K.S.A. 39-709, and amendments thereto, or, if there is no suchclaim or if any portion of the account remains after such claim is satisfied,to the designated beneficiary or beneficiaries. If any designated benefi-ciary is a minor at the time the account, or any portion of the account,becomes payable to the beneficiary and the balance, or portion of thebalance, exceeds the amount specified by K.S.A. 59-3053, and amend-ments thereto, the bank shall pay the moneys or any interest on themonly to a conservator of the minor beneficiary. The receipt of the con-servator shall release and discharge the bank for the payment.

Sec. 3. K.S.A. 2014 Supp. 16-311 is hereby amended to read as fol-lows: 16-311. (a) Whenever a person, who is or has been a recipient ofmedical assistance from the Kansas department for children and families,enters into a prearranged funeral agreement, contract or plan pursuantto K.S.A. 16-301, and amendments thereto, or a prearranged funeralagreement, contract or plan funded by insurance proceeds, such personshall inform the secretary for children and families or the secretarys des-

Senate Substitute for HOUSE BILL No. 2258page 2

ignee of the existence of such an agreement, contract or plan and shallinform the funeral establishment that such person is or has been a recip-ient of medical assistance.

(b) If any balance remains after payment for the final disposition ofa dead human body, or for funeral or burial services, or funeral or burialmerchandise, and the purchaser of the agreement, contract, or plan is orhas been a recipient of medical assistance or a deceased surviving spouseof a recipient of medical assistance, any remaining balance shall be paidaccording to K.S.A. 16-304, and amendments thereto, or if such agree-ment, contract or plan was funded by insurance, any remaining balanceshall be paid by the insurance company or the person, association, part-nership, firm or corporation providing the services or merchandise to thesecretary for children and families or the secretarys designee, to the ex-tent of medical assistance expended on the deceased recipient. The in-surance company or the person, association, partnership, firm or corpo-ration providing the services or merchandise shall not be liable to theKansas department for children and families for the balance in the ac-count if written notice has not been received stating that medical assis-tance has been expended on the recipient for which the Kansas depart-ment for children and families may have a claim, and the balance of theaccount has been paid to the estate of the deceased or in the case ofinsurance, the designated beneficiary.

(c) Payments to the secretary for children and families under subsec-tion (b) and K.S.A. 16-304, and amendments thereto, shall be governedby subsection (g)(2) of K.S.A. 39-709, and amendments thereto.

Sec. 4. K.S.A. 17-2263 is hereby amended to read as follows: 17-2263.Subject to the provisions of this section and K.S.A. 17-2264, and amend-ments thereto, an individual adult or minor, hereafter referred to as theshareholder, may enter into a written contract with any credit union lo-cated in this state providing that the balance of the shareholders account,or the balance of the shareholders legal share of an account, at the timeof death of the shareholder shall be made payable on the death of theshareholder to one or more persons or, if the persons predecease theowner, to another person or persons, hereafter referred to as the bene-ficiary or beneficiaries. If any beneficiary is a minor at the time the ac-count, or any portion of the account, becomes payable to the beneficiaryand the balance, or portion of the balance, exceeds the amount specifiedby K.S.A. 59-3053, and amendments thereto, the moneys shall be payableonly to a conservator of the minor beneficiary.


Every contract authorized by this section shall be considered to containa right on the part of the shareholder during the shareholders lifetimeboth to withdraw funds on deposit in the account in the manner providedin the contract, in whole or in part, as though no beneficiary has beennamed, and to change the designation of beneficiary. The interest of thebeneficiary shall be considered not to vest until the death of the share-holder and, if there is a claim pursuant to subsection (g) of K.S.A. 39-709, and amendments thereto, until such claim is satisfied.

No change in the designation of the beneficiary shall be valid unlessexecuted in the form and manner prescribed by the credit union anddelivered to the credit union prior to the death of the shareholder.

For the purposes of this section, the balance of the shareholders ac-count or the balance of the shareholders legal share of an account shallnot be construed to include any portion of the account which under thelaw of joint tenancy is the property of another joint tenant of the accountupon the death of the owner.


Sec. 5. K.S.A. 2014 Supp. 17-2264 is hereby amended to read asfollows: 17-2264. When the shareholder and the credit union have en-tered into a contract authorized in K.S.A. 17-2263, and amendmentsthereto, the shareholders account subject to the contract or any part ofor interest on the account shall be paid by the credit union to the share-holder or pursuant to the shareholders order during the shareholders


lifetime. On the shareholders death, the deposit account or any part ofor interest on the account shall be paid by the credit union to the secretaryfor children and families for a claim pursuant to subsection (g) of K.S.A.39-709, and amendments thereto, or, if there is no such claim or if anyportion of the account remains after such claim is satisfied, to the des-ignated beneficiary or beneficiaries. If any designated beneficiary is aminor at the time the account, or any portion of the account, becomespayable to the beneficiary and the balance, or portion of the balance,exceeds the amount specified by K.S.A. 59-3053, and amendmentsthereto, the credit union shall pay the moneys or any interest on themonly to a conservator of the minor beneficiary. The receipt of the con-servator shall release and discharge the credit union for the payment.

Sec. 6. K.S.A. 17-5828 is hereby amended to read as follows: 17-5828.Subject to the provisions of this section and K.S.A. 17-5829, and amend-ments thereto, an individual adult or minor, hereafter referred to as theowner, may enter into a written contract with any savings and loan asso-ciation located in this state providing that the balance of the ownersdeposit account, or the balance of the owners legal share of a depositaccount, at the time of death of the owner shall be made payable on thedeath of the owner to one or more persons or, if the persons predeceasethe owner, to another person or persons, hereafter referred to as thebeneficiary or beneficiaries. If any beneficiary is a minor at the time theaccount, or any portion of the account, becomes payable to the beneficiaryand the balance, or portion of the balance, exceeds the amount specifiedby K.S.A. 59-3053, and amendments thereto, the moneys shall be payableonly to a conservator of the minor beneficiary.


Every contract authorized by this section shall be considered to containa right on the part of the owner during the owners lifetime both towithdraw funds on deposit in the account in the manner provided in thecontract, in whole or in part, as though no beneficiary has been named,and to change the designation of beneficiary. The interest of the bene-ficiary shall be considered not to vest until the death of the owner and,if there is a claim pursuant to subsection (g) of K.S.A. 39-709, and amend-ments thereto, until such claim is satisfied.

No change in the designation of the beneficiary shall be valid unlessexecuted in the form and manner prescribed by the savings and loanassociation and delivered to the savings and loan association prior to thedeath of the owner.

For the purposes of this section, the balance of the owners depositaccount or the balance of the owners legal share of a deposit accountshall not be construed to include any portion of the account which underthe law of joint tenancy is the property of another joint tenant of theaccount upon the death of the owner.


Sec. 7. K.S.A. 2014 Supp. 17-5829 is hereby amended to read asfollows: 17-5829. When the owner and the savings and loan associationhave entered into a contract authorized in K.S.A. 17-5828, and amend-ments thereto, the owners deposit account subject to the contract or anypart of or interest on the account shall be paid by the savings and loanassociation to the owner or pursuant to the owners order during theowners lifetime. On the owners death, the deposit account or any partof or interest on the account may be paid by the savings and loan asso-ciation to the secretary for children and families for a claim pursuant tosubsection (g) of K.S.A. 39-709, and amendments thereto, or, if there isno such claim or if any portion of the account remains after such claimis satisfied, to the designated beneficiary or beneficiaries. If any desig-nated beneficiary is a minor at the time the account, or any portion ofthe account, becomes payable to the beneficiary and the balance, or por-tion of the balance, exceeds the amount specified by K.S.A. 59-3053, andamendments thereto, the savings and loan association shall pay the mon-eys or any interest on them only to a conservator of the minor beneficiary.


The receipt of the conservator shall release and discharge the savings andloan association for the payment.

Sec. 8. K.S.A. 2014 Supp. 39-702 is hereby amended to read as fol-lows: 39-702. The following words and phrases when used in this act shall,for the purposes of this act, have the meanings respectively ascribed tothem in this section:

(a) Secretary means the secretary for children and families, unlessotherwise specified.

(b) Applicants means all persons who, as individuals, or in whosebehalf requests are made of the secretary for aid or assistance.

(c) Social welfare service may include such functions as giving as-sistance, the prevention of public dependency, and promoting the reha-bilitation of dependent persons or those who are approaching public de-pendency.

(d) Assistance includes such items or functions as the giving or pro-viding of money, food stamps or coupons assistance, food, clothing, shel-ter, medicine or other materials, the giving of any service, including in-structive or scientific, and the providing of institutional care, which maybe necessary or helpful to the recipient in providing the necessities of lifefor the recipient and the recipients dependents. The definitions of socialwelfare service and assistance in this section shall be deemed as partiallydescriptive and not limiting.

(e) Aid to families with dependent children Temporary assistance toneedy families means financial assistance with respect to or on behalf ofa dependent child or dependent children and includes financial assistancefor any month to meet the needs of the relative or qualifying caretakerwith whom any dependent child is living.

(f) Medical assistance means the payment of all or part of the costof necessary: (1) Medical, remedial, rehabilitative or preventive care andservices which are within the scope of services to be provided under amedical care plan developed by the secretary pursuant to this act andfurnished by health care providers who have a current approved provideragreement with the secretary; and (2) transportation to obtain care andservices which are within the scope of services to be provided under amedical care plan developed by the secretary pursuant to this act.

(g) Dependent children means needy children under the age of 18,or who are under the age of 19 and are full-time students in secondaryschools or the equivalent educational program or are full-time studentsin a program of vocational or technical training if they may be reasonablyexpected to complete the training before attaining age 19, who have beendeprived of parental or guardian support or care by reasons of the death,continued absence from the home, or physical or mental incapacity whoare in the care of a biological or adoptive parent or, court appointedguardian, conservator or legal custodian and who are living with any bloodrelative, including those of the half-blood, and including first cousins,uncles, aunts, and persons of preceding generations are denoted by pre-fixes of grand, great, or great-great, and including the spouses or formerspouses of any persons named in the above groups, in a place of residencemaintained by one or more of such relatives as their own home. Thesecretary may adopt rules and regulations which extend the deprivationrequirement under this definition to include being deprived of parentalor guardian support or care by reason of the unemployment of a parentor guardian. The term dependent children also includes children whowould meet the foregoing requirements except for their removal fromthe home of a relative as a result of judicial determination to the effectthat continuation therein would be contrary to the welfare of such chil-dren, for whose placement and care the secretary is responsible, who havebeen placed in a foster family home or child care institution as a resultof such determination and who received aid to dependent children in orfor the month in which court proceedings leading to such determinationwere initiated, or would have received such aid in or for such month ifapplication had been made therefor, or in the case of a child who hadbeen living with a relative specified above within six months prior to themonth in which such proceedings were initiated, would have receivedsuch aid in or for such month if in such month such child had been livingwith and removed from the home of such a relative and application hadbeen made therefor.


(h) The blind means not only those who are totally and permanentlydevoid of vision, but also those persons whose vision is so defective as toprevent the performance of ordinary activities for which eyesight is es-sential.

(i) General assistance means financial assistance in which the costof such financial assistance is not participated in by the federal govern-ment. General assistance may be limited to transitional assistance in someinstances as specified by rules and regulations adopted by the secretary.

(j) Recipient means a person who has received assistance under theterms of this act.

(k) (j) Intake office means the place where the secretary shall main-tain an office for receiving applications.

(l) (k) Adequate consideration means consideration equal, or rea-sonably proportioned to the value of that for which it is given.

(m) Transitional assistance means a form of general assistance inwhich as little financial assistance as one payment may be made duringeach period of 12 consecutive calendar months to an eligible and needyperson and all other persons for whom such person is legally responsible.

(n) (l) Title IV-D means part D of title IV of the federal socialsecurity act (42 U.S.C. 651 et seq.), as in effect on May 1, 1997.

(m) TANF diversion assistance means a one-time voluntary pay-ment option in lieu of ongoing TANF assistance. The diversion paymentis available to applicants who have not received TANF assistance as anadult, and is designed to meet a crisis or emergency hardship that wouldendanger such applicants ability to remain employed or to accept an offerof employment. Any household that includes such recipient accepting thediversion payment is ineligible to receive on-going TANF assistance for12 months after receipt of the diversion payment. Any recipient who re-ceives a diversion payment is limited to 42 months of TANF cash assis-tance in a lifetime, unless such recipient shall meet a hardship criteria asdefined by the secretary.

(n) Non-cooperation means the failure of the applicant or recipientto comply with all requirements provided in state and federal law, rulesand regulations and agency policy.

Sec. 9. K.S.A. 2014 Supp. 39-709 is hereby amended to read as fol-lows: 39-709. (a) General eligibility requirements for assistance for whichfederal moneys are expended. Subject to the additional requirements be-low, assistance in accordance with plans under which federal moneys areexpended may be granted to any needy person who:

(1) Has insufficient income or resources to provide a reasonable sub-sistence compatible with decency and health. Where a husband and wifeor cohabiting partners are living together, the combined income or re-sources of both shall be considered in determining the eligibility of eitheror both for such assistance unless otherwise prohibited by law. The sec-retary, in determining need of any applicant for or recipient of assistanceshall not take into account the financial responsibility of any individualfor any applicant or recipient of assistance unless such applicant or recip-ient is such individuals spouse, cohabiting partner or such individualsminor child or minor stepchild if the stepchild is living with such individ-ual. The secretary in determining need of an individual may provide suchincome and resource exemptions as may be permitted by federal law. Forpurposes of eligibility for aid for families with dependent children tem-porary assistance for needy families, for food stamp assistance and forany other assistance provided through the Kansas department for childrenand families under which federal moneys are expended, the secretary forchildren and families shall consider one motor vehicle owned by the ap-plicant for assistance, regardless of the value of such vehicle, as exemptpersonal property and shall consider any equity in any boat, personalwater craft, recreational vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined by K.S.A. 8-126, and amendments thereto, orany additional motor vehicle owned by the applicant for assistance to bea nonexempt resource of the applicant for assistance except that any ad-ditional motor vehicle used by the applicant, the applicants spouse or theapplicants cohabiting partner for the primary purpose of earning incomemay be considered as exempt personal property in the secretarys discre-tion.


(2) Is a citizen of the United States or is an alien lawfully admittedto the United States and who is residing in the state of Kansas.

(b) Assistance to families with dependent children. Assistance may begranted under this act to any dependent child, or relative, subject to thegeneral eligibility requirements as set out in subsection (a), who residesin the state of Kansas or whose parent or other relative with whom thechild is living resides in the state of Kansas. Such assistance shall be knownas aid to families with dependent children. Where husband and wife areliving together both shall register for work under the program require-ments for aid to families with dependent children in accordance withcriteria and guidelines prescribed by rules and regulations of the secre-tary. Temporary assistance for needy families. Assistance may be grantedunder this act to any dependent child, or relative, subject to the generaleligibility requirements as set out in subsection (a), who resides in thestate of Kansas or whose parent or other relative with whom the child isliving resides in the state of Kansas. Such assistance shall be known astemporary assistance for needy families. On and after January 1, 2017,the department shall conduct an electronic check for any false informationprovided on an application for TANF and other benefits programs ad-ministered by the department. Where the husband and wife or cohabitingpartners are living together, both shall register for work under the pro-gram requirements for temporary assistance for needy families in accord-ance with criteria and guidelines prescribed by rules and regulations ofthe secretary.

(1) As used in this subsection, family group or household meansthe applicant or recipient for TANF, child care subsidy or employmentservices and all individuals living together in which there is a relationshipof legal responsibility or a qualifying caretaker relationship. This willinclude a cohabiting boyfriend or girlfriend living with the person legallyresponsible for the child. The family group shall not be eligible for TANFif the family group contains at least one adult member who has receivedTANF, including the federal TANF assistance received in any other state,for 36 calendar months beginning on and after October 1, 1996, unlessthe secretary determines a hardship exists and grants an extension allow-ing receipt of TANF until the 48-month limit is reached. No extensionbeyond 48 months shall be granted. Hardship provisions for a recipientinclude:

(A) Is a caretaker of a disabled family member living in the household;(B) has a disability which precludes employment on a long-term basis

or requires substantial rehabilitation;(C) needs a time limit extension to overcome the effects of domestic

violence/sexual assault;(D) is involved with prevention and protection services (PPS) and has

an open social service plan; or(E) is determined by the 36th month to have an extreme hardship

other than what is designated in criteria listed in subparagraphs (A)through (E). This determination will be made by the executive reviewteam.

(2) All adults applying for TANF shall be required to complete a workprogram assessment as specified by the Kansas department for childrenand families, including those who have been disqualified for or deniedTANF due to non-cooperation, drug testing requirements or fraud. Adultswho are not otherwise eligible for TANF, such as ineligible aliens, relative/non-relative caretakers and adults receiving supplemental security incomeare not required to complete the assessment process. During the appli-cation processing period, applicants must complete at least one moduleor its equivalent of the work program assessment to be considered eligiblefor TANF benefits, unless good cause is found to be exempt from therequirements. Good cause exemptions shall only include:

(A) The applicant can document an existing certification verifyingcompletion of the work program assessment;

(B) the applicant has a valid offer of employment or is employed aminimum of 20 hours a week;

(C) the applicant is a parenting teen without a GED or high schooldiploma;

(D) the applicant is enrolled in job corps;(E) the applicant is working with a refugee social services agency; or


(F) the applicant has completed the work program assessment withinthe last 12 months.

(3) The department for children and families shall maintain a suffi-cient level of dedicated work program staff to enable the agency to conductwork program case management services to TANF recipients in a timelymanner and in full accordance with state law and agency policy.

(4) TANF mandatory work program applicants and recipients shallparticipate in work components that lead to competitive, integrated em-ployment. Components are defined by the federal government as beingeither primary or secondary. In order to meet federal work participationrequirements, households need to meet at least 30 hours of participationper week, at least 20 hours of which need to be primary and at least 10hours may be secondary components in one parent households where theyoungest child is six years of age or older. Participation hours shall be 55hours in two parent households (35 hours per week if child care is notused). The maximum assignment is 40 hours per week per individual. Fortwo parent families to meet the federal work participation rate both par-ents must participate in a combined total of 55 hours per week, 50 hoursof which must be in primary components, or one or both parents couldbe assigned a combined total of 35 hours per week (30 hours of whichmust be primary components) if department for children and families paidchild care is not received by the family. Single parent families with a childunder age six meet the federal participation requirement if the parent isengaged in work or work activities for at least 20 hours per week in aprimary work component. The following components meet federal defi-nitions of primary hours of participation: Full or part-time employment,apprenticeship, work study, self-employment, job corps, subsidized em-ployment, work experience sites, on-the-job training, supervised commu-nity service, vocational education, job search and job readiness. Second-ary components include: Job skills training, education directly related toemployment such as adult basic education and English as a second lan-guage, and completion of a high school diploma or GED.

(5) A parent or other adult caretaker personally providing care for achild under the age of three months in their TANF household is exemptfrom work participation activities until the month the child turns threemonths of age. Such three-month limitation shall not apply to a parent orother adult caretaker who is personally providing care for a child bornsignificantly premature, with serious medical conditions or with a disa-bility as defined by the secretary, in consultation with the secretary ofhealth and environment, and adopted in the rules and regulations. Thethree-month period is defined as two consecutive months starting withthe month after childbirth. The exemption for caring for a child underthree months cannot be claimed:

(A) By either parent when two parents are in the home and the house-hold meets the two-parent definition for federal reporting purposes;

(B) by one parent or caretaker when the other parent or caretaker isin the home, and available, capable and suitable to provide care and thehousehold does not meet the two-parent definition for federal reportingpurposes;

(C) by a person age 19 or younger when such person is pregnant ora parent of a child in the home and the person does not possess a highschool diploma or its equivalent. Such person shall become exempt themonth such person turns age 20;

(D) by any adult in the TANF assistance plan when at least one adulthas reached the 36 months of TANF cash assistance; or

(E) by any person assigned to a work participation activity for sub-stance use disorders.

(6) TANF work experience placements shall be reviewed after 90 daysand are limited to six months per 48-month lifetime limit. A clients pro-gress shall be reviewed prior to each new placement regardless of thelength of time they are at the work experience site.

(7) TANF participants with disabilities shall engage in required em-ployment activities to the maximum extent consistent with their abilities.TANF participants shall provide current documentation by a qualifiedmedical practitioner that details the abilities to engage in employment andany limitations in work activities along with the expected duration of suchlimitations. Disability is defined as a physical or mental impairment con-


stituting or resulting in a substantial impediment to employment for suchindividual.

(8) Non-cooperation is the failure of the applicant or recipient to com-ply with all requirements provided in state and federal law, federal andstate rules and regulations and agency policy. The period of ineligibilityfor TANF benefits based on non-cooperation with work programs shallbe as follows:

(A) For a first penalty, three months and full cooperation with workprogram activities;

(B) for a second penalty, six months and full cooperation with workprogram activities;

(C) for a third penalty, one year and full cooperation with work pro-gram activities; and

(D) for a fourth or subsequent penalty, 10 years.(9) Individuals that have not cooperated with TANF work programs

shall be ineligible to participate in the food assistance program. The com-parable penalty shall be applied to only the individual in the food assis-tance program who failed to comply with the TANF work requirement.The agency shall impose the same penalty to the member of the householdwho failed to comply with TANF requirements. The penalty periods arethree months, six months, one year, or 10 years.

(10) Non-cooperation is the failure of the applicant or recipient tocomply with all requirements provided in state and federal law, federaland state rules and regulations and agency policy. The period of ineligi-bility for child care subsidy or TANF benefits based on parents non-cooperation with child support services shall be as follows:

(A) For the first penalty, three months and cooperation with childsupport services prior to regaining eligibility;

(B) for a second penalty, six months and cooperation with child sup-port services prior to regaining eligibility;

(C) for a third penalty, one year and cooperation with child supportservices prior to regaining eligibility; and

(D) for a fourth penalty, 10 years.(11) Individuals that have not cooperated without good cause with

child support services shall be ineligible to participate in the food assis-tance program. The period of disqualification ends once it has been de-termined that such individual is cooperating with child support services.

(12) Any individual who is found to have committed fraud or is foundguilty of the crime of theft pursuant to K.S.A. 39-720 and K.S.A. 2014Supp. 21-5801, and amendments thereto, in either the TANF or child careprogram shall render all adults in the family unit ineligible for TANFassistance. Adults in the household who were determined to have com-mitted fraud or were convicted of the crime of theft pursuant to K.S.A.39-720 and K.S.A. 2014 Supp. 21-5801, and amendments thereto, shallrender themselves and all adult household members ineligible for theirlifetime for TANF, even if fraud was committed in only one program.Households who have been determined to have committed fraud or wereconvicted of the crime of theft pursuant to K.S.A. 39-720 and K.S.A. 2014Supp. 21-5801, and amendments thereto, shall be required to name aprotective payee as approved by the secretary or the secretarys designeeto administer TANF benefits or food assistance on behalf of the children.No adult in a household may have access to the TANF cash assistancebenefit.

(13) (A) Food assistance shall not be provided to any person convictedof a felony offense occurring on or after July 1, 2015, which includes asan element of such offense the manufacture, cultivation, distribution, pos-session or use of a controlled substance or controlled substance analog.For food assistance, the individual shall be permanently disqualified ifthey have been convicted of a state or federal felony offense occurring onor after July 1, 2015, involving possession or use of a controlled substanceor controlled substance analog.

(B) Notwithstanding the provisions of subparagraph (A), an individ-ual shall be eligible for food assistance if the individual enrolls in andparticipates in a drug treatment program approved by the secretary, sub-mits to and passes a drug test and agrees to submit to drug testing ifrequested by the department pursuant to a drug testing plan.

An individuals failure to submit to testing or failure to successfully passa drug test shall result in ineligibility for food assistance until a drug test


is successfully passed. Failure to successfully complete a drug treatmentprogram shall result in ineligibility for food assistance until a drug treat-ment plan approved by the secretary is successfully completed, the indi-vidual passes a drug test and agrees to submit to drug testing if requestedby the department pursuant to a drug testing plan.

(C) The provisions of subparagraph (B) shall not apply to any indi-vidual who has been convicted for a second or subsequent felony offenseas provided in subparagraph (A).

(14) No TANF cash assistance shall be used to purchase alcohol, cig-arettes, tobacco products, lottery tickets, concert tickets, professional orcollegiate sporting event tickets or tickets for other entertainment eventsintended for the general public or sexually oriented adult materials. NoTANF cash assistance shall be used in any retail liquor store, casino,gaming establishment, jewelry store, tattoo parlor, massage parlor, bodypiercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,vapor cigarette store, psychic or fortune telling business, bail bond com-pany, video arcade, movie theater, swimming pool, cruise ship, themepark, dog or horse racing facility, parimutuel facility, or sexually orientedbusiness or any retail establishment which provides adult-oriented enter-tainment in which performers disrobe or perform in an unclothed statefor entertainment, or in any business or retail establishment where minorsunder age 18 are not permitted. TANF cash assistance transactions forcash withdrawals from automated teller machines shall be limited to $25,per transaction and to one transaction per day. No TANF cash assistanceshall be used for purchases at points of sale outside the state of Kansas.

(15) (A) The secretary for children and families shall place a photo-graph of the recipient, if agreed to by such recipient of public assistance,on any Kansas benefits card issued by the Kansas department for childrenand families that the recipient uses in obtaining food, cash or any otherservices. When a recipient of public assistance is a minor or otherwiseincapacitated individual, a parent or legal guardian of such recipient mayhave a photograph of such parent or legal guardian placed on the card.

(B) Any Kansas benefits card with a photograph of a recipient shallbe valid for voting purposes as a public assistance identification card inaccordance with the provisions of K.S.A. 25-2908, and amendmentsthereto.

(C) As used in this paragraph and its subparagraphs, Kansas ben-efits card means any card issued to provide food assistance, cash assis-tance or child care assistance, including, but not limited to, the visioncard, EBT card and Kansas benefits card.

(16) The secretary for children and families shall adopt rules andregulations:

(A) In determining eligibility for the child care subsidy program, in-cluding an income of a cohabiting partner in a child care household; and

(B) in determining and maintaining eligibility for non-TANF childcare, requiring that all included adults shall be employed a minimum of20 hours per week or more as defined by the secretary or meet the fol-lowing specific qualifying exemptions:

(i) Adults who are not capable of meeting the requirement due to adocumented physical or mental condition;

(ii) adults who are former TANF recipients who need child care foremployment after their TANF case has closed and earned income is afactor in the closure in the two months immediately following TANF clo-sure;

(iii) adult parents included in a case in which the only child receivingbenefits is the child of a minor parent who is working on completion ofhigh school or obtaining a GED; or

(iv) adults who are participants in a mandatory food assistance ed-ucation and training program.

The department for children and families shall provide child care forthe pursuit of any degree or certification if the occupation has at least anaverage job outlook listed in the occupational outlook of the U.S. depart-ment of labor, bureau of labor statistics. For occupations with less thanan average job outlook, educational plans shall require approval of thesecretary or secretarys designee. Child care may also be approved if thestudent provides verification of a specific job offer that will be availableto such student upon completion of the program. Child care for post-secondary education shall be allowed for a lifetime maximum of 24 months


per adult. The 24 months may not have to be consecutive. Students shallbe engaged in paid employment for a minimum of 15 hours per week. Ina two-parent adult household, child care would not be allowed if bothparents are adults and attending a formal education or training programat the same time. The household may choose which one of the parents isparticipating as a post-secondary student. The other parent shall meetanother approvable criteria for child care subsidy.

(17) The secretary for children and families is prohibited from re-questing or implementing a waiver or program from the U.S. departmentof agriculture for the time limited assistance provisions for able-bodiedadults aged 18 through 49 without dependents in a household under thefood assistance program. The time on food assistance for able-bodiedadults aged 18 through 49 without dependents in the household shall belimited to three months in a 36-month period if such adults are not meet-ing the requirements imposed by the U.S. department of agriculture thatthey must work for at least 20 hours per week or participate in a federallyapproved work program or its equivalent.

(18) Eligibility for the food assistance program shall be limited tothose individuals who are citizens or who meet qualified non-citizen statusas determined by U.S. department of agriculture. Non-citizen individualswho are unable or unwilling to provide qualifying immigrant documen-tation, as defined by the U.S. department of agriculture, residing withina household shall not be included when determining the households sizefor the purposes of assigning a benefit level to the household for foodassistance or comparing the households monthly income with the incomeeligibility standards. The gross non-exempt earned and unearned incomeand resources of disqualified individuals shall be counted in its entiretyas available to the remaining household members.

(19) The secretary for children and families shall not enact the stateoption from the U.S. department of agriculture for broad-based categor-ical eligibility for households applying for food assistance according tothe provisions of 7 C.F.R. 273.2(j)(2)(ii).

(20) No federal or state funds shall be used for television, radio orbillboard advertisements that are designed to promote food assistancebenefits and enrollment. No federal or state funding shall be used for anyagreements with foreign governments designed to promote food assis-tance.

(21) (A) The secretary for children and families shall not apply grossincome standards for food assistance higher than the standards specifiedin 7 U.S.C. 2014(c) unless expressly required by federal law. Categoricaleligibility exempting households from such gross income standardsrequirements shall not be granted for any non-cash, in-kind or other ben-efit unless expressly required by federal law.

(B) The secretary for children and families shall not apply resourcelimits standards for food assistance that are higher than the standardsspecified in 7 U.S.C. 2014(g)(1) unless expressly required by federallaw. Categorical eligibility exempting households from such resource lim-its shall not be granted for any non-cash, in-kind or other benefit unlessexpressly required by federal law.

(c) Aid to families with dependent children Temporary assistance forneedy families; assignment of support rights and limited power of attor-ney. By applying for or receiving aid to families with dependent childrentemporary assistance for needy families such applicant or recipient shallbe deemed to have assigned to the secretary on behalf of the state anyaccrued, present or future rights to support from any other person suchapplicant may have in such persons own behalf or in behalf of any otherfamily member for whom the applicant is applying for or receiving aid.In any case in which an order for child support has been established andthe legal custodian and obligee under the order surrenders physical cus-tody of the child to a caretaker relative without obtaining a modificationof legal custody and support rights on behalf of the child are assignedpursuant to this section, the surrender of physical custody and the as-signment shall transfer, by operation of law, the childs support rightsunder the order to the secretary on behalf of the state. Such assignmentshall be of all accrued, present or future rights to support of the childsurrendered to the caretaker relative. The assignment of support rightsshall automatically become effective upon the date of approval for orreceipt of such aid without the requirement that any document be signed


by the applicant, recipient or obligee. By applying for or receiving aid tofamilies with dependent children temporary assistance for needy families,or by surrendering physical custody of a child to a caretaker relative whois an applicant or recipient of such assistance on the childs behalf, theapplicant, recipient or obligee is also deemed to have appointed the sec-retary, or the secretarys designee, as an attorney-in-fact to perform thespecific act of negotiating and endorsing all drafts, checks, money ordersor other negotiable instruments representing support payments receivedby the secretary in behalf of any person applying for, receiving or havingreceived such assistance. This limited power of attorney shall be effectivefrom the date the secretary approves the application for aid and shallremain in effect until the assignment of support rights has been termi-nated in full.

(d) Eligibility requirements for general assistance, the cost of whichis not shared by the federal government. (1) General assistance may begranted to eligible persons who do not qualify for financial assistance ina program in which the federal government participates and who satisfythe additional requirements prescribed by or under this subsection (d).

(A) To qualify for general assistance in any form a needy person musthave insufficient income or resources to provide a reasonable subsistencecompatible with decency and health and, except as provided for transi-tional assistance, be a member of a family in which a minor child or apregnant woman resides or be unable to engage in employment. Thesecretary shall adopt rules and regulations prescribing criteria for estab-lishing when a minor child may be considered to be living with a familyand whether a person is able to engage in employment, including suchfactors as age or physical or mental condition. Eligibility for general as-sistance, other than transitional assistance, is limited to families in whicha minor child or a pregnant woman resides or to an adult or family inwhich all legally responsible family members are unable to engage inemployment. Where a husband and wife are living together the combinedincome or resources of both shall be considered in determining the eli-gibility of either or both for such assistance unless otherwise prohibitedby law. The secretary in determining need of any applicant for or recipientof general assistance shall not take into account the financial responsibilityof any individual for any applicant or recipient of general assistance unlesssuch applicant or recipient is such individuals spouse or such individualsminor child or a minor stepchild if the stepchild is living with such indi-vidual. In determining the need of an individual, the secretary may pro-vide for income and resource exemptions.

(B) To qualify for general assistance in any form a needy person mustbe a citizen of the United States or an alien lawfully admitted to theUnited States and must be residing in the state of Kansas.

(2) General assistance in the form of transitional assistance may begranted to eligible persons who do not qualify for financial assistance ina program in which the federal government participates and who satisfythe additional requirements prescribed by or under this subsection (d),but who do not meet the criteria prescribed by rules and regulations ofthe secretary relating to inability to engage in employment or are not amember of a family in which a minor or a pregnant woman resides.

(3) In addition to the other requirements prescribed under this sub-section (d), the secretary shall adopt rules and regulations which establishcommunity work experience program requirements for eligibility for thereceipt of general assistance in any form and which establish penalties tobe imposed when a work assignment under a community work experienceprogram requirement is not completed without good cause. The secretarymay adopt rules and regulations establishing exemptions from any suchcommunity work experience program requirements. A first time failureto complete such a work assignment requirement shall result in ineligi-bility to receive general assistance for a period fixed by such rules andregulations of not more than three calendar months. A subsequent failureto complete such a work assignment requirement shall result in a periodfixed by such rules and regulations of ineligibility of not more than sixcalendar months.

(4) If any person is found guilty of the crime of theft under the pro-visions of K.S.A. 39-720, and amendments thereto, such person shallthereby become forever ineligible to receive any form of general assis-tance under the provisions of this subsection (d) unless the conviction is


the persons first conviction under the provisions of K.S.A. 39-720, andamendments thereto, or the law of any other state concerning welfarefraud. First time offenders convicted of a misdemeanor under the pro-visions of such statute shall become ineligible to receive any form ofgeneral assistance for a period of 12 calendar months from the date ofconviction. First time offenders convicted of a felony under the provisionsof such statute shall become ineligible to receive any form of generalassistance for a period of 60 calendar months from the date of conviction.If any person is found guilty by a court of competent jurisdiction of anystate other than the state of Kansas of a crime involving welfare fraud,such person shall thereby become forever ineligible to receive any formof general assistance under the provisions of this subsection (d) unlessthe conviction is the persons first conviction under the law of any otherstate concerning welfare fraud. First time offenders convicted of a mis-demeanor under the law of any other state concerning welfare fraud shallbecome ineligible to receive any form of general assistance for a periodof 12 calendar months from the date of conviction. First time offendersconvicted of a felony under the law of any other state concerning welfarefraud shall become ineligible to receive any form of general assistance fora period of 60 calendar months from the date of conviction.

(e) Requirements for medical assistance for which federal moneys orstate moneys or both are expended. (1) When the secretary has adopteda medical care plan under which federal moneys or state moneys or bothare expended, medical assistance in accordance with such plan shall begranted to any person who is a citizen of the United States or who is analien lawfully admitted to the United States and who is residing in thestate of Kansas, whose resources and income do not exceed the levelsprescribed by the secretary. In determining the need of an individual, thesecretary may provide for income and resource exemptions and protectedincome and resource levels. Resources from inheritance shall be counted.A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and amend-ments thereto, shall constitute a transfer of resources. The secretary shallexempt principal and interest held in irrevocable trust pursuant to sub-section (c) of K.S.A. 16-303(c), and amendments thereto, from the eli-gibility requirements of applicants for and recipients of medical assis-tance. Such assistance shall be known as medical assistance.

(2) For the purposes of medical assistance eligibility determinationson or after July 1, 2004, if an applicant or recipient owns property in jointtenancy with some other party and the applicant or recipient of medicalassistance has restricted or conditioned their interest in such property toa specific and discrete property interest less than 100%, then such des-ignation will cause the full value of the property to be considered anavailable resource to the applicant or recipient. Medical assistance eligi-bility for receipt of benefits under the title XIX of the social security act,commonly known as medicaid, shall not be expanded, as provided for inthe patient protection and affordable care act, public law 111-148, 124stat. 119, and the health care and education reconciliation act of 2010,public law 111-152, 124 stat. 1029, unless the legislature expressly con-sents to, and approves of, the expansion of medicaid services by an act ofthe legislature.

(3) (A) Resources from trusts shall be considered when determiningeligibility of a trust beneficiary for medical assistance. Medical assistanceis to be secondary to all resources, including trusts, that may be availableto an applicant or recipient of medical assistance.

(B) If a trust has discretionary language, the trust shall be consideredto be an available resource to the extent, using the full extent of discretion,the trustee may make any of the income or principal available to theapplicant or recipient of medical assistance. Any such discretionary trustshall be considered an available resource unless: (i) At the time of creationor amendment of the trust, the trust states a clear intent that the trust issupplemental to public assistance; and (ii) the trust: (a) Is funded fromresources of a person who, at the time of such funding, owed no duty ofsupport to the applicant or recipient of medical assistance; or (b) is fundednot more than nominally from resources of a person while that personowed a duty of support to the applicant or recipient of medical assistance.

(C) For the purposes of this paragraph, public assistance includes,but is not limited to, medicaid, medical assistance or title XIX of the socialsecurity act.


(4) (A) When an applicant or recipient of medical assistance is a partyto a contract, agreement or accord for personal services being providedby a nonlicensed individual or provider and such contract, agreement oraccord involves health and welfare monitoring, pharmacy assistance, casemanagement, communication with medical, health or other professionals,or other activities related to home health care, long term care, medicalassistance benefits, or other related issues, any moneys paid under suchcontract, agreement or accord shall be considered to be an available re-source unless the following restrictions are met: (i) The contract, agree-ment or accord must be in writing and executed prior to any servicesbeing provided; (ii) the moneys paid are in direct relationship with thefair market value of such services being provided by similarly situated andtrained nonlicensed individuals; (iii) if no similarly situated nonlicensedindividuals or situations can be found, the value of services will be basedon federal hourly minimum wage standards; (iv) such individual providingthe services will report all receipts of moneys as income to the appropriatestate and federal governmental revenue agencies; (v) any amounts dueunder such contract, agreement or accord shall be paid after the servicesare rendered; (vi) the applicant or recipient shall have the power to revokethe contract, agreement or accord; and (vii) upon the death of the appli-cant or recipient, the contract, agreement or accord ceases.

(B) When an applicant or recipient of medical assistance is a party toa written contract for personal services being provided by a licensedhealth professional or facility and such contract involves health and wel-fare monitoring, pharmacy assistance, case management, communicationwith medical, health or other professionals, or other activities related tohome health care, long term care, medical assistance benefits or otherrelated issues, any moneys paid in advance of receipt of services for suchcontracts shall be considered to be an available resource.

(5) Any trust may be amended if such amendment is permitted bythe Kansas uniform trust code.

(f) (e) Eligibility for medical assistance of resident receiving medicalcare outside state. A person who is receiving medical care including long-term care outside of Kansas whose health would be endangered by thepostponement of medical care until return to the state or by travel toreturn to Kansas, may be determined eligible for medical assistance ifsuch individual is a resident of Kansas and all other eligibility factors aremet. Persons who are receiving medical care on an ongoing basis in along-term medical care facility in a state other than Kansas and who donot return to a care facility in Kansas when they are able to do so, shallno longer be eligible to receive assistance in Kansas unless such medicalcare is not available in a comparable facility or program providing suchmedical care in Kansas. For persons who are minors or who are underguardianship, the actions of the parent or guardian shall be deemed tobe the actions of the child or ward in determining whether or not theperson is remaining outside the state voluntarily.

(g) (f) Medical assistance; assignment of rights to medical support andlimited power of attorney; recovery from estates of deceased recipients.(1) (A) Except as otherwise provided in K.S.A. 39-786 and 39-787, andamendments thereto, or as otherwise authorized on and after September30, 1989, under section 303 of the federal medicare catastrophic coverageact of 1988, whichever is applicable, by applying for or receiving medicalassistance under a medical care plan in which federal funds are expended,any accrued, present or future rights to support and any rights to paymentfor medical care from a third party of an applicant or recipient and anyother family member for whom the applicant is applying shall be deemedto have been assigned to the secretary on behalf of the state. The assign-ment shall automatically become effective upon the date of approval forsuch assistance without the requirement that any document be signed bythe applicant or recipient. By applying for or receiving medical assistancethe applicant or recipient is also deemed to have appointed the secretary,or the secretarys designee, as an attorney in fact to perform the specificact of negotiating and endorsing all drafts, checks, money orders or othernegotiable instruments, representing payments received by the secretaryin on behalf of any person applying for, receiving or having received suchassistance. This limited power of attorney shall be effective from the datethe secretary approves the application for assistance and shall remain ineffect until the assignment has been terminated in full. The assignment


of any rights to payment for medical care from a third party under thissubsection shall not prohibit a health care provider from directly billingan insurance carrier for services rendered if the provider has not sub-mitted a claim covering such services to the secretary for payment. Sup-port amounts collected on behalf of persons whose rights to support areassigned to the secretary only under this subsection and no other shall bedistributed pursuant to subsection (d) of K.S.A. 39-756(d), and amend-ments thereto, except that any amounts designated as medical supportshall be retained by the secretary for repayment of the unreimbursedportion of assistance. Amounts collected pursuant to the assignment ofrights to payment for medical care from a third party shall also be retainedby the secretary for repayment of the unreimbursed portion of assistance.

(B) Notwithstanding the provisions of subparagraph (A), the secre-tary of health and environment, or the secretarys designee, is herebyauthorized to and shall exercise any of the powers specified in subpara-graph (A) in relation to performance of such secretarys duties pertainingto medical subrogation, estate recovery or any other duties assigned tosuch secretary in article 74 of chapter 75 of the Kansas Statutes Anno-tated, and amendments thereto.

(2) The amount of any medical assistance paid after June 30, 1992,under the provisions of subsection (e) (d) is: (A) A claim against the prop-erty or any interest therein belonging to and a part of the estate of anydeceased recipient or, if there is no estate, the estate of the survivingspouse, if any, shall be charged for such medical assistance paid to eitheror both,; and (B) a claim against any funds of such recipient or spouse inany account under K.S.A. 9-1215, 9-1216, 17-2263, 17-2264, 17-5828 or17-5829, and amendments thereto. There shall be no recovery of medicalassistance correctly paid to or on behalf of an individual under subsection(e) (d) except after the death of the surviving spouse of the individual, ifany, and only at a time when the individual has no surviving child who isunder 21 years of age or is blind or permanently and totally disabled.Transfers of real or personal property by recipients of medical assistancewithout adequate consideration are voidable and may be set aside. Exceptwhere there is a surviving spouse, or a surviving child who is under 21years of age or is blind or permanently and totally disabled, the amountof any medical assistance paid under subsection (e) (d) is a claim againstthe estate in any guardianship or conservatorship proceeding. The mon-etary value of any benefits received by the recipient of such medicalassistance under long-term care insurance, as defined by K.S.A. 40-2227,and amendments thereto, shall be a credit against the amount of the claimprovided for such medical assistance under this subsection (g). The sec-retary of health and environment is authorized to enforce each claimprovided for under this subsection (g). The secretary of health and en-vironment shall not be required to pursue every claim, but is granteddiscretion to determine which claims to pursue. All moneys received bythe secretary of health and environment from claims under this subsec-tion (g) shall be deposited in the social welfare fund. The secretary ofhealth and environment may adopt rules and regulations for the imple-mentation and administration of the medical assistance recovery programunder this subsection (g).

(3) By applying for or receiving medical assistance under the provi-sions of article 7 of chapter 39 of the Kansas Statutes Annotated, andamendments thereto, such individual or such individuals agent, fiduciary,guardian, conservator, representative payee or other person acting onbehalf of the individual consents to the following definitions of estate andthe results therefrom:

(A) If an individual receives any medical assistance before July 1,2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,and amendments thereto, which forms the basis for a claim under sub-section (g) paragraph (2), such claim is limited to the individuals pro-batable estate as defined by applicable law; and

(B) if an individual receives any medical assistance on or after July 1,2004, pursuant to article 7 of chapter 39 of the Kansas Statutes Annotated,and amendments thereto, which forms the basis for a claim under sub-section (g) paragraph (2), such claim shall apply to the individuals med-ical assistance estate. The medical assistance estate is defined as includingall real and personal property and other assets in which the deceasedindividual had any legal title or interest immediately before or at the time


of death to the extent of that interest or title. The medical assistance estateincludes, without limitation assets conveyed to a survivor, heir or assignof the deceased recipient through joint tenancy, tenancy in common,survivorship, transfer-on-death deed, payable-on-death contract, life es-tate, trust, annuities or similar arrangement.

(4) The secretary of health and environment or the secretarys des-ignee is authorized to file and enforce a lien against the real property ofa recipient of medical assistance in certain situations, subject to all priorliens of record and transfers for value to a bona fide purchaser of record.The lien must be filed in the office of the register of deeds of the countywhere the real property is located within one year from the date of deathof the recipient and must contain the legal description of all real propertyin the county subject to the lien.

(A) After the death of a recipient of medical assistance, the secretaryof health and environment or the secretarys designee may place a lienon any interest in real property owned by such recipient.

(B) The secretary of health and environment or the secretarys des-ignee may place a lien on any interest in real property owned by a recip-ient of medical assistance during the lifetime of such recipient. Such lienmay be filed only after notice and an opportunity for a hearing has beengiven. Such lien may be enforced only upon competent medical testimonythat the recipient cannot reasonably be expected to be discharged andreturned home. A six-month period of compensated inpatient care at anursing home or other medical institution shall constitute a determinationby the department of health and environment that the recipient cannotreasonably be expected to be discharged and returned home. To returnhome means the recipient leaves the nursing or medical facility and re-sides in the home on which the lien has been placed for a continuousperiod of at least 90 days without being readmitted as an inpatient to anursing or medical facility. The amount of the lien shall be for the amountof assistance paid by the department of health and environment until thetime of the filing of the lien and for any amount paid thereafter for suchmedical assistance to the recipient. After the lien is filed against any realproperty owned by the recipient, such lien will be dissolved if the recip-ient is discharged, returns home and resides upon the real property towhich the lien is attached for a continuous period of at least 90 dayswithout being readmitted as an inpatient to a nursing or medical facility.If the recipient is readmitted as an inpatient to a nursing or medicalfacility for a continuous period of less than 90 days, another continuousperiod of at least 90 days shall be completed prior to dissolution of thelien.

(5) The lien filed by the secretary of health and environment or thesecretarys designee for medical assistance correctly received may be en-forced before or after the death of the recipient by the filing of an actionto foreclose such lien in the Kansas district court or through an estateprobate court action in the county where the real property of the recipientis located. However, it may be enforced only:

(A) After the death of the surviving spouse of the recipient;(B) when there is no child of the recipient, natural or adopted, who

is 20 years of age or less residing in the home;(C) when there is no adult child of the recipient, natural or adopted,

who is blind or disabled residing in the home; or(D) when no brother or sister of the recipient is lawfully residing in

the home, who has resided there for at least one year immediately beforethe date of the recipients admission to the nursing or medical facility,and has resided there on a continuous basis since that time.

(6) The lien remains on the property even after a transfer of the titleby conveyance, sale, succession, inheritance or will unless one of the fol-lowing events occur:

(A) The lien is satisfied. The recipient, the heirs, personal represen-tative or assigns of the recipient may discharge such lien at any time bypaying the amount of the lien to the secretary of health and environmentor the secretarys designee;

(B) the lien is terminated by foreclosure of prior lien of record orsettlement action taken in lieu of foreclosure; or

(C) the value of the real property is consumed by the lien, at whichtime the secretary of health and environment or the secretarys designeemay force the sale for the real property to satisfy the lien.


(7) If the secretary for aging and disability services or the secretaryof health and environment, or both, or such secretarys designee has notfiled an action to foreclose the lien in the Kansas district court in thecounty where the real property is located within 10 years from the dateof the filing of the lien, then the lien shall become dormant, and shallcease to operate as a lien on the real estate of the recipient. Such dormantlien may be revived in the same manner as a dormant judgment lien isrevived under K.S.A. 60-2403 et seq., and amendments thereto.

(8) Within seven days of receipt of notice by the secretary for childrenand families or the secretarys designee of the death of a recipient ofmedical assistance under this subsection, the secretary for children andfamilies or the secretarys designee shall give notice of such recipientsdeath to the secretary of health and environment or the secretarys des-ignee.

(9) All rules and regulations adopted on and after July 1, 2013, andprior to July 1, 2014, to implement this subsection shall continue to beeffective and shall be deemed to be duly adopted rules and regulationsof the secretary of health and environment until revised, amended, re-voked or nullified pursuant to law.

(h) (g) Placement under the revised Kansas code for care of childrenor revised Kansas juvenile justice code; assignment of support rights andlimited power of attorney. In any case in which the secretary for childrenand families pays for the expenses of care and custody of a child pursuantto K.S.A. 2014 Supp. 38-2201 et seq. or 38-2301 et seq., and amendmentsthereto, including the expenses of any foster care placement, an assign-ment of all past, present and future support rights of the child in custodypossessed by either parent or other person entitled to receive supportpayments for the child is, by operation of law, conveyed to the secretary.Such assignment shall become effective upon placement of a child in thecustody of the secretary or upon payment of the expenses of care andcustody of a child by the secretary without the requirement that anydocument be signed by the parent or other person entitled to receivesupport payments for the child. When the secretary pays for the expensesof care and custody of a child or a child is placed in the custody of thesecretary, the parent or other person entitled to receive support paymentsfor the child is also deemed to have appointed the secretary, or the sec-retarys designee, as attorney in fact to perform the specific act of nego-tiating and endorsing all drafts, checks, money orders or other negotiableinstruments representing support payments received by the secretary onbehalf of the child. This limited power of attorney shall be effective fromthe date the assignment to support rights becomes effective and shallremain in effect until the assignment of support rights has been termi-nated in full.

(i) (h) No person who voluntarily quits employment or who is firedfrom employment due to gross misconduct as defined by rules and reg-ulations of the secretary or who is a fugitive from justice by reason of afelony conviction or charge or violation of a condition of probation orparole imposed under federal or state law shall be eligible to receivepublic assistance benefits in this state. Any recipient of public assistancewho fails to timely comply with monthly reporting requirements undercriteria and guidelines prescribed by rules and regulations of the secretaryshall be subject to a penalty established by the secretary by rules andregulations.

(j) (i) If the applicant or recipient of aid to families with dependentchildren temporary assistance for needy families is a mother of the de-pendent child, as a condition of the mothers eligibility for aid to familieswith dependent children temporary assistance for needy families themother shall identify by name and, if known, by current address the fatherof the dependent child except that the secretary may adopt by rules andregulations exceptions to this requirement in cases of undue hardship.Any recipient of aid to families with dependent children temporary as-sistance for needy families who fails to cooperate with requirements re-lating to child support enforcement services under criteria and guidelinesprescribed by rules and regulations of the secretary shall be subject to apenalty established by the secretary by rules and regulations which pen-alty shall progress to ineligibility for the family after three months ofnoncooperation.

(k) (j) By applying for or receiving child care benefits or food stamps


assistance, the applicant or recipient shall be deemed to have assigned,pursuant to K.S.A. 39-756, and amendments thereto, to the secretary onbehalf of the state only accrued, present or future rights to support fromany other person such applicant may have in such persons own behalf orin behalf of any other family member for whom the applicant is applyingfor or receiving aid. The assignment of support rights shall automaticallybecome effective upon the date of approval for or receipt of such aidwithout the requirement that any document be signed by the applicantor recipient. By applying for or receiving child care benefits or foodstamps assistance, the applicant or recipient is also deemed to have ap-pointed the secretary, or the secretarys designee, as an attorney in factto perform the specific act of negotiating and endorsing all drafts, checks,money orders or other negotiable instruments representing support pay-ments received by the secretary in behalf of any person applying for,receiving or having received such assistance. This limited power of attor-ney shall be effective from the date the secretary approves the applicationfor aid and shall remain in effect until the assignment of support rightshas been terminated in full. An applicant or recipient who has assignedsupport rights to the secretary pursuant to this subsection shall cooperatein establishing and enforcing support obligations to the same extent re-quired of applicants for or recipients of aid to families with dependentchildren temporary assistance for needy families.

(l) (k) (1) A program of drug screening for applicants for cash assis-tance as a condition of eligibility for cash assistance and persons receivingcash assistance as a condition of continued receipt of cash assistance shallbe established, subject to applicable federal law, by the secretary for chil-dren and families on and before January 1, 2014. Under such program ofdrug screening, the secretary for children and families shall order a drugscreening of an applicant for or a recipient of cash assistance at any timewhen reasonable suspicion exists that such applicant for or recipient ofcash assistance is unlawfully using a controlled substance or controlledsubstance analog. The secretary for children and families may use anyinformation obtained by the secretary for children and families to deter-mine whether such reasonable suspicion exists, including, but not limitedto, an applicants or recipients demeanor, missed appointments and ar-rest or other police records, previous employment or application for em-ployment in an occupation or industry that regularly conducts drugscreening, termination from previous employment due to unlawful use ofa controlled substance or controlled substance analog or prior drugscreening records of the applicant or recipient indicating unlawful use ofa controlled substance or controlled substance analog.

(2) Any applicant for or recipient of cash assistance whose drugscreening results in a positive test may request that the drug screeningspecimen be sent to a different drug testing facility for an additional drugscreening. Any applicant for or recipient of cash assistance who requestsan additional drug screening at a different drug testing facility shall berequired to pay the cost of drug screening. Such applicant or recipientwho took the additional drug screening and who tested negative for un-lawful use of a controlled substance and controlled substance analog shallbe reimbursed for the cost of such additional drug screening.

(3) Any applicant for or recipient of cash assistance who tests positivefor unlawful use of a controlled substance or controlled substance analogshall be required to complete a substance abuse treatment program ap-proved by the secretary for children and families, secretary of labor orsecretary of commerce, and a job skills program approved by the secretaryfor children and families, secretary of labor or secretary of commerce.Subject to applicable federal laws, any applicant for or recipient of cashassistance who fails to complete or refuses to participate in the substanceabuse treatment program or job skills program as required under thissubsection shall be ineligible to receive cash assistance until completionof such substance abuse treatment and job skills programs. Upon com-pletion of both substance abuse treatment and job skills programs, suchapplicant for or recipient of cash assistance may be subject to periodicdrug screening, as determined by the secretary for children and families.Upon a second positive test for unlawful use of a controlled substance orcontrolled substance analog, a recipient of cash assistance shall be orderedto complete again a substance abuse treatment program and job skillsprogram, and shall be terminated from cash assistance for a period of 12


months, or until such recipient of cash assistance completes both sub-stance abuse treatment and job skills programs, whichever is later. Upona third positive test for unlawful use of a controlled substance or con-trolled substance analog, a recipient of cash assistance shall be terminatedfrom cash assistance, subject to applicable federal law.

(4) If an applicant for or recipient of cash assistance is ineligible foror terminated from cash assistance as a result of a positive test for unlaw-ful use of a controlled substance or controlled substance analog, and suchapplicant for or recipient of cash assistance is the parent or legal guardianof a minor child, an appropriate protective payee shall be designated toreceive cash assistance on behalf of such child. Such parent or legal guard-ian of the minor child may choose to designate an individual to receivecash assistance for such parents or legal guardians minor child, as ap-proved by the secretary for children and families. Prior to the designatedindividual receiving any cash assistance, the secretary for children andfamilies shall review whether reasonable suspicion exists that such des-ignated individual is unlawfully using a controlled substance or controlledsubstance analog.

(A) In addition, any individual designated to receive cash assistanceon behalf of an eligible minor child shall be subject to drug screening atany time when reasonable suspicion exists that such designated individualis unlawfully using a controlled substance or controlled substance analog.The secretary for children and families may use any information obtainedby the secretary for children and families to determine whether suchreasonable suspicion exists, including, but not limited to, the designatedindividuals demeanor, missed appointments and arrest or other policerecords, previous employment or application for employment in an oc-cupation or industry that regularly conducts drug screening, terminationfrom previous employment due to unlawful use of a controlled substanceor controlled substance analog or prior drug screening records of thedesignated individual indicating unlawful use of a controlled substance orcontrolled substance analog.

(B) Any designated individual whose drug screening results in a pos-itive test may request that the drug screening specimen be sent to adifferent drug testing facility for an additional drug screening. Any des-ignated individual who requests an additional drug screening at a differentdrug testing facility shall be required to pay the cost of drug screening.Such designated individual who took the additional drug screening andwho tested negative for unlawful use of a controlled substance and con-trolled substance analog shall be reimbursed for the cost of such addi-tional drug screening.

(C) Upon any positive test for unlawful use of a controlled substanceor controlled substance analog, the designated individual shall not receivecash assistance on behalf of the parents or legal guardians minor child,and another designated individual shall be selected by the secretary forchildren and families to receive cash assistance on behalf of such parentsor legal guardians minor child.

(5) If a person has been convicted under federal or state law of anyoffense which is classified as a felony by the law of the jurisdiction andwhich has as an element of such offense the manufacture, cultivation,distribution, possession or use of a controlled substance or controlledsubstance analog, and the date of conviction is on or after July 1, 2013,such person shall thereby become forever ineligible to receive any cashassistance under this subsection unless such conviction is the personsfirst conviction. First-time offenders convicted under federal or state lawof any offense which is classified as a felony by the law of the jurisdictionand which has as an element of such offense the manufacture, cultivation,distribution, possession or use of a controlled substance or controlledsubstance analog, and the date of conviction is on or after July 1, 2013,such person shall become ineligible to receive cash assistance for fiveyears from the date of conviction.

(6) Except for hearings before the Kansas department for childrenand families or, the results of any drug screening administered as part ofthe drug screening program authorized by this subsection shall be con-fidential and shall not be disclosed publicly.

(7) The secretary for children and families may adopt such rules andregulations as are necessary to carry out the provisions of this subsection.

(8) Any authority granted to the secretary for children and families


under this subsection shall be in addition to any other penalties prescribedby law.

(9) As used in this subsection:(A) Cash assistance means cash assistance provided to individuals

under the provisions of article 7 of chapter 39 of the Kansas StatutesAnnotated, and amendments thereto, and any rules and regulationsadopted pursuant to such statutes.

(B) Controlled substance means the same as in K.S.A. 2014 Supp.21-5701, and amendments thereto, and 21 U.S.C. 802.

(C) Controlled substance analog means the same as in K.S.A. 2014Supp. 21-5701, and amendments thereto.

Sec. 10. K.S.A. 39-709b is hereby amended to read as follows: 39-709b. (a) Information concerning applicants for and recipients of assis-tance from the secretary shall be confidential and privileged and shallonly be available to the secretary and the officers and employees of thesecretary except as set forth in this section. Unless otherwise prohibitedby law, such information shall be disclosed to an applicant, recipient oroutside source under the following conditions:

(1) Information shall be disclosed to the post auditor in accordancewith and subject to the provisions of subsection (g) of K.S.A. 46-1106(g),and amendments thereto;

(2) information shall be disclosed to an applicant or recipient in ac-cordance with and subject to rules and regulations adopted by the sec-retary; and

(3) information may be disclosed to an outside source if such disclo-sure:

(A) Has been consented to in writing by the applicant or recipientand the applicant or recipient has been granted access by the secretaryto the information to be disclosed, except that in an emergency infor-mation may be disclosed without a written consent if such disclosure isdeemed by the secretary to be in the best interests of the applicant orrecipient;

(B) is directly connected to the administration of the secretarys pro-gram;

(C) is directly connected to an investigation, prosecution, or criminalor civil proceeding conducted in connection with the administration ofthe secretarys program;

(D) is authorized by a state plan developed by the secretary pursuantto the federal social security act or any other federal program providingfederal financial assistance and services in the field of social welfare; or

(E) concerns the intent of an applicant or recipient to commit a crimeand in this case such information and the information necessary to preventthe crime shall be disclosed to the appropriate authorities; or.

(F) concerns information contained in the public list under subsec-tion (c) of this section.

(b) Nothing in this section shall be construed to prohibit the publi-cation of aggregate non-identifying statistics which are so classified as toprevent the identification of specific applicants or recipients.

(c) The secretary shall maintain a public list which shall contain thenames and addresses of all recipients receiving general assistance benefitspursuant to this act or any act contained in article 7 of chapter 39 of theKansas Statutes Annotated, and amendments thereto, together with thepayment issued to each during the preceding month, except that thenames and addresses of children in foster care who are receiving suchbenefits shall be excluded from such public list. On or before the 28thday of each month the secretary shall prepare and retain in the office ofthe secretary one copy of the public list. The public list retained in theoffice of the secretary shall be bound in record books provided for thatpurpose. All such record books and all reports contained in the recordbooks shall be public records and shall be open to public inspection at alltimes during regular office hours. In addition, there shall be on file ineach area or subarea office a copy of that portion of the public list whichcontains the general assistance recipients in that area and also on file inthe office of each county clerk a copy of that portion of the public listwhich contains the general assistance recipients in that county.

(d) It shall be unlawful for any person, association, firm, corporationor other agency to disclose, to make use of or to authorize, knowinglypermit, participate in or acquiesce in the use of any lists or names or


addresses contained in the public list under subsection (c) of this sectionfor commercial or political purposes of any nature or to make use of ordisclose confidential information except as provided in this section. Anyperson, association, firm, corporation or other agency who willfully orknowingly violates any provisions of this section shall be guilty of a classB misdemeanor.

Sec. 11. K.S.A. 2014 Supp. 39-709c is hereby amended to read asfollows: 39-709c. On or before the first day of each regular session of thelegislature, the secretary shall prepare and submit to the president of thesenate and the speaker of the house of representatives a report of thetotal amount of moneys expended by the department for medical assis-tance, the amount of moneys recovered pursuant to subsection (g) ofK.S.A. 39-709, and amendments thereto, and any recommendations forlegislation necessary to insure that the factors or methods used to deter-mine eligibility for medical assistance more accurately represent the re-sources of an applicant for, or recipient of, medical assistance.

Sec. 12. K.S.A. 2014 Supp. 39-753 is hereby amended to read asfollows: 39-753. For the purpose of providing title IV-D child supportenforcement services, the secretary for children and families shall:

(a) Enter into contracts or agreements necessary to admini

Documents

Kansas public aid bill