Read the full stored bill text
Senate Substitute for HOUSE BILL No. 2004
AN ACT concerning public assistance; requiring the secretary for children and families and
the office of inspector general to exchange information and documents related to cash
assistance, childcare assistance and food assistance fraud investigations; requiring the
secretary for children and families and the secretary of health and environment to
execute a memorandum of understanding or other written data-sharing instrument
upon written request of the United States department of agriculture or the United
States department of health and human services; requiring such secretaries to comply
with written data requests from such federal agencies made pursuant to such
memorandum of understanding or written data-sharing instrument; amending K.S.A.
39-760 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) To facilitate in the detection, investigation and
prosecution of fraud in the cash assistance, childcare assistance and
food assistance programs, the secretary for children and families and
the office of the inspector general shall exchange:
(1) Documents and information related to cash assistance,
childcare assistance and food assistance applicants or recipients;
(2) documents and information related to cash assistance,
childcare assistance and food assistance eligibility determinations;
(3) electronic benefit card transaction data or documents; and
(4) any other materials received, compiled or created by either
agency related to an audit, inquiry or investigation of a cash assistance,
childcare assistance or food assistance applicant, recipient, authorized
retailer or any other individual suspected of or under investigation for
fraud in the cash assistance, childcare assistance or food assistance
programs.
(b) Documents and information shall be exchanged at the request
of either agency and completed in a reasonable time, that shall not
exceed 30 days from the date of the receipt of the request.
(c) All documents and information exchanged shall only be used
for the purpose of detecting, investigating and prosecuting fraud in the
cash assistance, childcare assistance or food assistance programs.
(d) As used in this section, "document" means the same as defined
in K.S.A. 17-7663, and amendments thereto.
Sec. 2. K.S.A. 39-760 is hereby amended to read as follows: 39-
760. (a) The secretary of health and environment and the secretary for
children and families are hereby directed to establish a system for the
reporting of suspected abuse or fraud in connection with state welfare
or medical assistance programs, either by recipients or health care
healthcare providers. The system shall be designed to permit any
person in the state at any time to place a toll-free call into the system
and report suspected cases of welfare abuse or suspected cases of
health care healthcare provider fraud.
(b) The secretary of health and environment and the secretary for
children and families are further directed to publicize the system
throughout the state.
(c) Notice of the existence of the system established pursuant to
this section shall be displayed prominently in the office or facility of
every health care healthcare provider who provides services under the
state medical assistance program.
(d) The secretary of health and environment shall notify annually
each recipient of state medical assistance of the toll-free number of the
system established pursuant to this section and the purpose thereof. If
possible, such notice shall be printed on the medical cards issued to
recipients by the secretary.
(e) Upon receipt of a written request from the United States
department of agriculture relating to a federal program administered
by the department for children and families , the secretary for children
and families shall respond fully and timely to such request by executing
a memorandum of understanding or any other written data-sharing
instrument with the United States department of agriculture as
necessary to obtain, exchange or transmit any information required
that is contained in department records relating to a federal program
administered by the department. Pursuant to such memorandum of
understanding or other written data-sharing instrument, the secretary
Senate Substitute for HOUSE BILL No. 2004—page 2
for children and families shall comply with any written data request
from the United States department of agriculture and release such
requested data to the United States department of agriculture within 60
days of receipt of such written data request.
(f) Upon receipt of a written request from the United States
department of health and human services relating to a federal program
administered by the department of health and environment , the
secretary of health and environment shall respond fully and timely to
such request by executing a memorandum of understanding or any
other written data-sharing instrument with the United States
department of health and human services as necessary to obtain,
exchange or transmit any information required that is contained in
department records relating to a federal program administered by the
department. Pursuant to such memorandum of understanding or other
written data-sharing instrument, the secretary of health and
environment shall comply with any written data request from the
United States department of health and human services and release
such requested data to the United States department of health and
human services within 60 days of receipt of such written data request.
Sec. 3. K.S.A. 39-760 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.