Allowing persons with felony drug convictions to receive benefits under the supplemental nutrition assistance program.

Session of 2025
HOUSE BILL No. 2178
By Committee on Corrections and Juvenile Justice
Requested by Brenna Visocsky on behalf of Kansas Appleseed
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AN ACT concerning social welfare; relating to the supplemental nutrition
assistance program; allowing persons with felony drug convictions to
receive assistance; amending K.S.A. 2024 Supp. 39-709 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 39-709 is hereby amended to read as
follows: 39-709. (a) General eligibility requirements for assistance for
which federal moneys are expended. Subject to the additional requirements
below, assistance in accordance with plans under which federal moneys
are expended may be granted to any needy person who:
(1) Has insufficient income or resources to provide a reasonable
subsistence compatible with decency and health. Where a husband and
wife or cohabiting partners are living together, the combined income or
resources of both shall be considered in determining the eligibility of
either or both for such assistance unless otherwise prohibited by law. The
secretary, in determining need of any applicant for or recipient of
assistance shall not take into account the financial responsibility of any
individual for any applicant or recipient of assistance unless such applicant
or recipient is such individual's spouse, cohabiting partner or such
individual's minor child or minor stepchild if the stepchild is living with
such individual. The secretary in determining need of an individual may
provide such income and resource exemptions as may be permitted by
federal law. For purposes of eligibility for temporary assistance for needy
families, for food assistance and for any other assistance provided through
the Kansas department for children and families under which federal
moneys are expended, the secretary for children and families shall
consider one motor vehicle owned by the applicant for assistance,
regardless of the value of such vehicle, as exempt personal property and
shall consider any equity in any boat, personal water craft, recreational
vehicle, recreational off-highway vehicle or all-terrain vehicle, as defined
by K.S.A. 8-126, and amendments thereto, or any additional motor vehicle
owned by the applicant for assistance to be a nonexempt resource of the
applicant for assistance except that any additional motor vehicle used by
the applicant, the applicant's spouse or the applicant's cohabiting partner
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HB 2178 2
for the primary purpose of earning income may be considered as exempt
personal property in the secretary's discretion; or
(2) is a citizen of the United States or is an alien lawfully admitted to
the United States and who is residing in the state of Kansas.
(b) Temporary assistance for needy families. Assistance may be
granted under this act to any dependent child, or relative, subject to the
general eligibility requirements as set out in subsection (a), who resides in
the state of Kansas or whose parent or other relative with whom the child
is living resides in the state of Kansas. Such assistance shall be known as
temporary assistance for needy families. Where the husband and wife or
cohabiting partners are living together, both shall register for work under
the program requirements for temporary assistance for needy families in
accordance with criteria and guidelines prescribed by rules and regulations
of the secretary.
(1) As used in this subsection, "family group" or "household" means
the applicant or recipient for TANF, child care subsidy or employment
services and all individuals living together in which there is a relationship
of legal responsibility or a qualifying caretaker relationship. This will
include a cohabiting boyfriend or girlfriend living with the person legally
responsible for the child. The family group shall not be eligible for TANF
if the family group contains at least one adult member who has received
TANF, including the federal TANF assistance received in any other state,
for 24 calendar months beginning on and after October 1, 1996, unless the
secretary determines a hardship exists and grants an extension allowing
receipt of TANF until the 36-month limit is reached. No extension beyond
36 months shall be granted. Hardship provisions for a recipient include:
(A) Is a caretaker of a disabled family member living in the
household;
(B) has a disability that precludes employment on a long-term basis
or requires substantial rehabilitation;
(C) needs a time limit extension to overcome the effects of domestic
violence or sexual assault;
(D) is involved with prevention and protection services and has an
open social service plan; or
(E) is determined by the 24th month to have an extreme hardship other
than what is designated in criteria listed in subparagraphs (A) through (D).
This determination will be made by the executive review team.
(2) All adults applying for TANF shall be required to complete a
work program assessment as specified by the Kansas department for
children and families, including those who have been disqualified for or
denied TANF due to non-cooperation, drug testing requirements or fraud.
Adults who are not otherwise eligible for TANF, such as ineligible aliens,
relative/non-relative caretakers and adults receiving supplemental security
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HB 2178 3
income are not required to complete the assessment process. During the
application processing period, applicants must complete at least one
module or its equivalent of the work program assessment to be considered
eligible for TANF benefits, unless good cause is found to be exempt from
the requirements. Good cause exemptions shall only include that the
applicant:
(A) Can document an existing certification verifying completion of
the work program assessment;
(B) has a valid offer of employment or is employed a minimum of 20
hours a week;
(C) is a parenting teen without a GED or high school diploma;
(D) is enrolled in job corps;
(E) is working with a refugee social services agency; or
(F) has completed the work program assessment within the last 12
months.
(3) The Kansas department for children and families shall maintain a
sufficient level of dedicated work program staff to enable the agency to
conduct work program case management services to TANF recipients in a
timely manner and in full accordance with state law and agency policy.
(4) (A) TANF mandatory work program applicants and recipients
shall participate in work components that lead to competitive, integrated
employment. Components are defined by the federal government as being
either primary or secondary.
(B) In order to meet federal work participation requirements,
households shall meet at least 30 hours of participation per week, at least
20 hours of which shall be primary and at least 10 hours may be secondary
components in one parent households where the youngest child is six years
of age or older. Participation hours shall be 55 hours in two parent
households, 35 hours per week if child care is not used. The maximum
assignment is 40 hours per week per individual. For two parent families to
meet the federal work participation rate, both parents shall participate in a
combined total of 55 hours per week, 50 hours of which shall be in
primary components, or one or both parents could be assigned a combined
total of 35 hours per week, 30 hours of which must be primary
components, if the Kansas department for children and families paid child
care is not received by the family. Single parent families with a child under
age six meet the federal participation requirement if the parent is engaged
in work or work activities for at least 20 hours per week in a primary work
component.
(C) The following components meet federal definitions of primary
hours of participation: Full or part-time employment, apprenticeship, work
study, self-employment, job corps, subsidized employment, work
experience sites, on-the-job training, supervised community service,
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HB 2178 4
vocational education, job search and job readiness. Secondary components
include: Job skills training, education directly related to employment such
as adult basic education and English as a second language, and completion
of a high school diploma or GED.
(5) A parent or other adult caretaker personally providing care for a
child under the age of three months in their TANF household shall be
exempt from work participation activities until the month the child attains
three months of age. Such three-month limitation shall not apply to a
parent or other adult caretaker who is personally providing care for a child
born significantly premature, with serious medical conditions or with a
disability as defined by the secretary, in consultation with the secretary of
health and environment and adopted in the rules and regulations. The
three-month period is defined as two consecutive months starting with the
month after childbirth. The exemption for caring for a child under three
months cannot be claimed by:
(A) Either parent when two parents are in the home and the
household meets the two-parent definition for federal reporting purposes;
(B) one parent or caretaker when the other parent or caretaker is in
the home, and available, capable and suitable to provide care and the
household does not meet the two-parent definition for federal reporting
purposes;
(C) a person age 19 or younger when such person is pregnant or a
parent of a child in the home and the person does not possess a high school
diploma or its equivalent. Such person shall become exempt the month
such person attains 20 years of age; or
(D) any person assigned to a work participation activity for substance
use disorders.
(6) TANF work experience placements shall be reviewed after 90
days and are limited to six months per 24-month lifetime limit. A client's
progress shall be reviewed prior to each new placement regardless of the
length of time they are at the work experience site.
(7) TANF participants with disabilities shall engage in required
employment activities to the maximum extent consistent with their
abilities. A TANF participant shall provide current documentation by a
qualified medical practitioner that details the ability to engage in
employment and any limitation in work activities along with the expected
duration of such limitations. Disability is defined as a physical or mental
impairment constituting or resulting in a substantial impediment to
employment for such individual.
(8) Non-cooperation is the failure of the applicant or recipient to
comply with all requirements provided in state and federal law, federal and
state rules and regulations and agency policy. The period of ineligibility
for TANF benefits based on non-cooperation, as defined in K.S.A. 39-702,
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HB 2178 5
and amendments thereto, with work programs shall be as follows, for a:
(A) First penalty, three months and full cooperation with work
program activities;
(B) second penalty, six months and full cooperation with work
program activities;
(C) third penalty, one year and full cooperation with work program
activities; and
(D) fourth or subsequent penalty, 10 years.
(9) Individuals who have not cooperated with TANF work programs
shall be ineligible to participate in the food assistance program. The
comparable penalty shall be applied to only the individual in the food
assistance program who failed to comply with the TANF work
requirement. The agency shall impose the same penalty to the member of
the household who failed to comply with TANF requirements. The penalty
periods are three months, six months, one year, or 10 years.
(10) (A) The period of ineligibility for TANF benefits based on
parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
thereto, with child support services shall be as follows, for a:
(i) First penalty, three months and cooperation with child support
services prior to regaining eligibility;
(ii) second penalty, six months and cooperation with child support
services prior to regaining eligibility;
(iii) third penalty, one year and cooperation with child support
services prior to regaining eligibility; and
(iv) fourth penalty, 10 years.
(B) (i) The period of ineligibility for child care subsidy based on
parents' non-cooperation, as defined in K.S.A. 39-702, and amendments
thereto, with child support services shall be as follows, for a:
(a) First penalty, three months and cooperation with child support
services prior to regaining eligibility;
(b) second penalty, six months and cooperation with child support
services prior to regaining eligibility;
(c) third penalty, one year and cooperation with child support services
prior to regaining eligibility; and
(d) fourth penalty, 10 years.
(ii) The secretary, or the secretary's designee, shall review child
support compliance of a parent:
(a) Upon application for child care subsidy;
(b) after 12 months of continuous eligibility for child care subsidy;
and
(c) following such 12 months of continuous eligibility when the
secretary renews or redetermines a parent's eligibility for child care
subsidy.
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HB 2178 6
(11) Individuals who have not cooperated without good cause with
child support services shall be ineligible to participate in the food
assistance program. The period of disqualification ends once it has been
determined that such individual is cooperating with child support services.
(12) (A) Any individual who is found to have committed fraud or is
found guilty of the crime of theft pursuant to K.S.A. 39-720, and
amendments thereto, and K.S.A. 21-5801, and amendments thereto, in
either the TANF or child care program shall render all adults in the family
unit ineligible for TANF assistance. Adults in the household who have
been determined to have committed fraud or were convicted of the crime
of theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A.
21-5801, and amendments thereto, shall render themselves and all adult
household members ineligible for their lifetime for TANF, even if fraud
was committed in only one program. Households who have been
determined to have committed fraud or were convicted of the crime of
theft pursuant to K.S.A. 39-720, and amendments thereto, and K.S.A. 21-
5801, and amendments thereto, shall be required to name a protective
payee as approved by the secretary or the secretary's designee to
administer TANF benefits or food assistance on behalf of the children. No
adult in a household may have access to the TANF cash assistance benefit.
(B) Any individual who has failed to cooperate with a fraud
investigation shall be ineligible to participate in the TANF cash assistance
program and the child care subsidy program until the Kansas department
for children and families determines that such individual is cooperating
with the fraud investigation. The Kansas department for children and
families shall maintain a sufficient level of fraud investigative staff to
enable the department to conduct fraud investigations in a timely manner
and in full accordance with state law and department rules and regulations
or policies.
(13) (A) Food assistance shall not be provided to any person
convicted of a felony offense occurring on or after July 1, 2015, that
includes as an element of such offense the manufacture, cultivation,
distribution, possession or use of a controlled substance or controlled
substance analog. For food assistance, the individual shall be permanently
disqualified if such individual has been convicted of a state or federal
felony offense occurring on or after July 1, 2015, involving possession or
use of a controlled substance or controlled substance analog.
(B) (i) Notwithstanding the provisions of subparagraph (A), an
individual shall be eligible for food assistance if the individual enrolls in
and participates in a drug treatment program approved by the secretary,
submits to and passes a drug test and agrees to submit to drug testing if
requested by the department pursuant to a drug testing plan.
(ii) An individual's failure to submit to testing or failure to
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HB 2178 7
successfully pass a drug test shall result in ineligibility for food assistance
until a drug test is successfully passed. Failure to successfully complete a
drug treatment program shall result in ineligibility for food assistance until
a drug treatment plan approved by the secretary is successfully completed,
the individual passes a drug test and agrees to submit to drug testing if
requested by the department pursuant to a drug testing plan.
(C) The provisions of subparagraph (B) shall not apply to any
individual who has been convicted for a second or subsequent felony
offense as provided in subparagraph (A) A person shall not be denied
food assistance solely because such person has been convicted of a drug-
related felony. The secretary for children and families shall submit to the
federal government any approval request required to implement the
provisions of this paragraph.
(14) No TANF cash assistance shall be used to purchase alcohol,
cigarettes, tobacco products, lottery tickets, concert tickets, professional or
collegiate sporting event tickets or tickets for other entertainment events
intended for the general public or sexually oriented adult materials. No
TANF cash assistance shall be used in any retail liquor store, casino,
gaming establishment, jewelry store, tattoo parlor, massage parlor, body
piercing parlor, spa, nail salon, lingerie shop, tobacco paraphernalia store,
vapor cigarette store, psychic or fortune telling business, bail bond
company, video arcade, movie theater, swimming pool, cruise ship, theme
park, dog or horse racing facility, parimutuel facility, or sexually oriented
business or any retail establishment that provides adult-oriented
entertainment in which performers disrobe or perform in an unclothed
state for entertainment, or in any business or retail establishment where
minors under age 18 are not permitted. No TANF cash assistance shall be
used for purchases at points of sale outside the state of Kansas.
(15) (A) The secretary for children and families shall place a
photograph of the recipient, if agreed to by such recipient of public
assistance, on any Kansas benefits card issued by the Kansas department
for children and families that the recipient uses in obtaining food, cash or
any other services. When a recipient of public assistance is a minor or
otherwise incapacitated individual, a parent or legal guardian of such
recipient may have a photograph of such parent or legal guardian placed
on the card.
(B) Any Kansas benefits card with a photograph of a recipient shall
be valid for voting purposes as a public assistance identification card in
accordance with the provisions of K.S.A. 25-2908, and amendments
thereto.
(C) As used in this paragraph and its subparagraphs, "Kansas benefits
card" means any card issued to provide food assistance, cash assistance or
child care assistance, including, but not limited to, the vision card, EBT
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HB 2178 8
card and Kansas benefits card.
(D) The Kansas department for children and families shall monitor all
recipient requests for a Kansas benefits card replacement and, upon the
fourth such request in a 12-month period, send a notice alerting the
recipient that the recipient's account is being monitored for potential
suspicious activity. If a recipient makes an additional request for
replacement subsequent to such notice, the department shall refer the
investigation to the department's fraud investigation unit.
(16) The secretary for children and families shall adopt rules and
regulations for:
(A) Determining eligibility for the child care subsidy program,
including an income of a cohabiting partner in a child care household; and
(B) determining and maintaining eligibility for non-TANF child care,
requiring that all included adults shall be employed a minimum of 20
hours per week or more as defined by the secretary or meet the following
specific qualifying exemptions:
(i) Adults who are not capable of meeting the requirement due to a
documented physical or mental condition;
(ii) adults who are former TANF recipients who need child care for
employment after their TANF case has closed and earned income is a
factor in the closure in the two months immediately following TANF
closure;
(iii) adult parents included in a case in which the only child receiving
benefits is the child of a minor parent who is working on completion of
high school or obtaining a GED;
(iv) adults who are participants in a food assistance employment and
training program;
(v) adults who are participants in an early head start child care
partnership program and are working or in school or training; or
(vi) adults who are caretakers of a child in custody of the secretary in
out-of-home placement needing child care.
The Kansas department for children and families shall provide child
care for the pursuit of any degree or certification if the occupation has at
least an average job outlook listed in the occupational outlook of the
United States department of labor, bureau of labor statistics. For
occupations with less than an average job outlook, educational plans shall
require approval of the secretary or secretary's designee. Child care may
also be approved if the student provides verification of a specific job offer
that will be available to 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 shall be engaged in paid employment for a minimum
of 15 hours per week. In a two-parent adult household, child care would
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HB 2178 9
not be allowed if both parents are adults and attending a formal education
or training program at the same time. The household may choose which
one of the parents is participating as a post-secondary student. The other
parent shall meet another approvable criteria for child care subsidy.
(17) (A) The secretary for children and families is prohibited from
requesting or implementing a waiver or program from the United States
department of agriculture for the time limited assistance provisions for
able-bodied adults aged 18 through 49 without dependents in a household
under the food assistance program. The time on food assistance for able-
bodied adults aged 18 through 49 without dependents in the household
shall be limited to three months in a 36-month period if such adults are not
meeting the requirements imposed by the U.S. department of agriculture
that they must work for at least 20 hours per week or participate in a
federally approved work program or its equivalent.
(B) Each food assistance household member who is not otherwise
exempt from the following work requirements shall: Register for work;
participate in an employment and training program, if assigned to such a
program by the department; accept a suitable employment offer; and not
voluntarily quit a job of at least 30 hours per week.
(C) Any recipient who has not complied with the work requirements
under subparagraph (B) shall be ineligible to participate in the food
assistance program for the following time period and until the recipient
complies with such work requirements for a:
(i) First penalty, three months;
(ii) second penalty, six months; and
(iii) third penalty and any subsequent penalty, one year.
(D) The Kansas department for children and families shall assign all
individuals subject to the requirements established under 7 U.S.C. §
2015(d)(1) to an employment and training program as defined in 7 U.S.C.
§ 2015(d)(4). The provisions of this subparagraph shall only apply to:
(i) Able-bodied adults aged 18 through 49 without dependents;
(ii) work registrants aged 50 through 59 without dependents not
exempt from 7 U.S.C. § 2015(d)(2); and
(iii) individuals who are not employed at least 30 hours per week.
(18) Eligibility for the food assistance program shall be limited to
those individuals who are citizens or who meet qualified non-citizen status
as determined by United States department of agriculture. Non-citizen
individuals who are unable or unwilling to provide qualifying immigrant
documentation, as defined by the United States department of agriculture,
residing within a household shall not be included when determining the
household's size for the purposes of assigning a benefit level to the
household for food assistance or comparing the household's monthly
income with the income eligibility standards. The gross non-exempt
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HB 2178 10
earned and unearned income and resources of disqualified individuals shall
be counted in its entirety as available to the remaining household
members.
(19) The secretary for children and families shall not enact the state
option from the United States department of agriculture for broad-based
categorical eligibility for households applying for food assistance
according to the provisions of 7 C.F.R. § 273.2(j)(2)(ii).
(20) No federal or state funds shall be used for television, radio or
billboard advertisements that are designed to promote food assistance
benefits and enrollment. No federal or state funding shall be used for any
agreements with foreign governments designed to promote food
assistance.
(21) (A) The secretary for children and families shall not apply gross
income standards for food assistance higher than the standards specified in
7 U.S.C. § 2015(c) unless expressly required by federal law. Categorical
eligibility exempting households from such gross income standards
requirements shall not be granted for any non-cash, in-kind or other
benefit unless expressly required by federal law.
(B) The secretary for children and families shall not apply resource
limits standards for food assistance that are higher than the standards
specified in 7 U.S.C. § 2015(g)(1) unless expressly required by federal
law. Categorical eligibility exempting households from such resource
limits shall not be granted for any non-cash, in-kind or other benefit unless
expressly required by federal law.
(c) (1) The Kansas department for children and families shall conduct
an electronic check for any false information provided on an application
for TANF and other benefits programs administered by the department.
For TANF cash assistance, food assistance and the child care subsidy
program, the department shall verify the identity of all adults in the
assistance household.
(2) The department of administration shall provide monthly to the
Kansas department for children and families the social security numbers or
alternate taxpayer identification numbers of all persons who claim a
Kansas lottery prize in excess of $5,000 during the reported month. The
Kansas department for children and families shall verify if individuals
with such winnings are receiving TANF cash assistance, food assistance or
assistance under the child care subsidy program and take appropriate
action. The Kansas department for children and families shall use data
received under this subsection solely, and for no other purpose, to
determine if any recipient's eligibility for benefits has been affected by
lottery prize winnings. The Kansas department for children and families
shall not publicly disclose the identity of any lottery prize winner,
including recipients who are determined to have illegally received
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HB 2178 11
benefits.
(d) Temporary assistance for needy families; assignment of support
rights and limited power of attorney. By applying for or receiving
temporary assistance for needy families such applicant or recipient shall be
deemed to have assigned to the secretary on behalf of the state any
accrued, present or future rights to support from any other person such
applicant may have in such person's own behalf or in behalf of any other
family member for whom the applicant is applying for or receiving aid. In
any case in which an order for child support has been established and the
legal custodian and obligee under the order surrenders physical custody of
the child to a caretaker relative without obtaining a modification of legal
custody and support rights on behalf of the child are assigned pursuant to
this section, the surrender of physical custody and the assignment shall
transfer, by operation of law, the child's support rights under the order to
the secretary on behalf of the state. Such assignment shall be of all
accrued, present or future rights to support of the child surrendered to the
caretaker relative. The assignment of support rights shall automatically
become effective upon the date of approval for or receipt of such aid
without the requirement that any document be signed by the applicant,
recipient or obligee. By applying for or receiving temporary assistance for
needy families, or by surrendering physical custody of a child to a
caretaker relative who is an applicant or recipient of such assistance on the
child's behalf, the applicant, recipient or obligee is also deemed to have
appointed the secretary, or the secretary's designee, as an attorney-in-fact
to perform the specific act of negotiating and endorsing all drafts, checks,
money orders or other negotiable instruments representing support
payments received by the secretary in behalf of any person applying for,
receiving or having received such assistance. This limited power of
attorney shall be effective from the date the secretary approves the
application for aid and shall remain in effect until the assignment of
support rights has been terminated in full.
(e) Requirements for medical assistance for which federal moneys or
state moneys or both are expended. (1) When the secretary has adopted a
medical care plan under which federal moneys or state moneys or both are
expended, medical assistance in accordance with such plan shall be
granted to any person who is a citizen of the United States or who is an
alien lawfully admitted to the United States and who is residing in the state
of Kansas, whose resources and income do not exceed the levels
prescribed by the secretary. In determining the need of an individual, the
secretary may provide for income and resource exemptions and protected
income and resource levels. Resources from inheritance shall be counted.
A disclaimer of an inheritance pursuant to K.S.A. 59-2291, and
amendments thereto, shall constitute a transfer of resources. The secretary
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shall exempt principal and interest held in irrevocable trust pursuant to
K.S.A. 16-303(c), and amendments thereto, from the eligibility
requirements of applicants for and recipients of medical assistance. Such
assistance shall be known as medical assistance.
(2) For the purposes of medical assistance eligibility determinations
on or after July 1, 2004, if an applicant or recipient owns property in joint
tenancy with some other party and the applicant or recipient of medical
assistance has restricted or conditioned their interest in such property to a
specific and discrete property interest less than 100%, then such
designation will cause the full value of the property to be considered an
available resource to the applicant or recipient. Medical assistance
eligibility for receipt of benefits under the title XIX of the social security
act, commonly known as medicaid, shall not be expanded, as provided for
in the patient protection and affordable care act, public law 111-148, 124
stat. 119, and the health care and education reconciliation act of 2010,
public law 111-152, 124 stat. 1029, unless the legislature expressly
consents to, and approves of, the expansion of medicaid services by an act
of the legislature.
(3) (A) Resources from trusts shall be considered when determining
eligibility of a trust beneficiary for medical assistance. Medical assistance
is to be secondary to all resources, including trusts, that may be available
to an applicant or recipient of medical assistance.
(B) If a trust has discretionary language, the trust shall be considered
to 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 the
applicant or recipient of medical assistance. Any such discretionary trust
shall be considered an available resource unless:
(i) At the time of creation or amendment of the trust, the trust states a
clear intent that the trust is supplemental to public assistance; and
(ii) the trust is funded:
(a) From resources of a person who, at the time of such funding,
owed no duty of support to the applicant or recipient of medical assistance;
or
(b) not more than nominally from resources of a person while that
person owed 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 social
security act.
(4) (A) When an applicant or recipient of medical assistance is a party
to a contract, agreement or accord for personal services being provided by
a nonlicensed individual or provider and such contract, agreement or
accord involves health and welfare monitoring, pharmacy assistance, case
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management, communication with medical, health or other professionals,
or other activities related to home health care, long term care, medical
assistance benefits, or other related issues, any moneys paid under such
contract, agreement or accord shall be considered to be an available
resource unless the following restrictions are met:
(i) The contract, agreement or accord must be in writing and executed
prior to any services being provided;
(ii) the moneys paid are in direct relationship with the fair market
value of such services being provided by similarly situated and trained
nonlicensed individuals;
(iii) if no similarly situated nonlicensed individuals or situations can
be found, the value of services will be based on federal hourly minimum
wage standards;
(iv) such individual providing the services shall report all receipts of
moneys as income to the appropriate state and federal governmental
revenue agencies;
(v) any amounts due under such contract, agreement or accord shall
be paid after the services are rendered;
(vi) the applicant or recipient shall have the power to revoke the
contract, agreement or accord; and
(vii) upon the death of the applicant or recipient, the contract,
agreement or accord ceases.
(B) When an applicant or recipient of medical assistance is a party to
a written contract for personal services being provided by a licensed health
professional or facility and such contract involves health and welfare
monitoring, pharmacy assistance, case management, communication with
medical, health or other professionals, or other activities related to home
health care, long term care, medical assistance benefits or other related
issues, any moneys paid in advance of receipt of services for such
contracts shall be considered to be an available resource.
(5) Any trust may be amended if such amendment is permitted by the
Kansas uniform trust code.
(f) Eligibility for medical assistance of resident receiving medical
care outside state. A person who is receiving medical care including long-
term care outside of Kansas whose health would be endangered by the
postponement of medical care until return to the state or by travel to return
to Kansas, may be determined eligible for medical assistance if such
individual is a resident of Kansas and all other eligibility factors are met.
Persons who are receiving medical care on an ongoing basis in a long-term
medical care facility in a state other than Kansas and who do not return to
a care facility in Kansas when they are able to do so, shall no longer be
eligible to receive assistance in Kansas unless such medical care is not
available in a comparable facility or program providing such medical care
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in Kansas. For persons who are minors or who are under guardianship, the
actions of the parent or guardian shall be deemed to be the actions of the
child or ward in determining whether or not the person is remaining
outside the state voluntarily.
(g) Medical assistance; assignment of rights to medical support and
limited power of attorney; recovery from estates of deceased recipients. (1)
(A) Except as otherwise provided in K.S.A. 39-786 and 39-787, and
amendments thereto, or as otherwise authorized on and after September
30, 1989, under section 303 of the federal medicare catastrophic coverage
act of 1988, whichever is applicable, by applying for or receiving medical
assistance under a medical care plan in which federal funds are expended,
any accrued, present or future rights to support and any rights to payment
for medical care from a third party of an applicant or recipient and any
other family member for whom the applicant is applying shall be deemed
to have been assigned to the secretary on behalf of the state. The
assignment shall automatically become effective upon the date of approval
for such assistance without the requirement that any document be signed
by the applicant or recipient. By applying for or receiving medical
assistance the applicant or recipient is also deemed to have appointed the
secretary, or the secretary's designee, as an attorney-in-fact to perform the
specific act of negotiating and endorsing all drafts, checks, money orders
or other negotiable instruments, representing payments received by the
secretary in on behalf of any person applying for, receiving or having
received such assistance. This limited power of attorney shall be effective
from the date the secretary approves the application for assistance and
shall remain in effect until the assignment has been terminated in full. The
assignment of any rights to payment for medical care from a third party
under this subsection shall not prohibit a health care provider from directly
billing an insurance carrier for services rendered if the provider has not
submitted a claim covering such services to the secretary for payment.
Support amounts collected on behalf of persons whose rights to support
are assigned to the secretary only under this subsection and no other shall
be distributed pursuant to K.S.A. 39-756(d), and amendments thereto,
except that any amounts designated as medical support shall be retained by
the secretary for repayment of the unreimbursed portion of assistance.
Amounts collected pursuant to the assignment of rights to payment for
medical care from a third party shall also be retained by the secretary for
repayment of the unreimbursed portion of assistance.
(B) Notwithstanding the provisions of subparagraph (A), the
secretary of health and environment, or the secretary's designee, is hereby
authorized to and shall exercise any of the powers specified in
subparagraph (A) in relation to performance of such secretary's duties
pertaining to medical subrogation, estate recovery or any other duties
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assigned to such secretary in article 74 of chapter 75 of the Kansas Statutes
Annotated, and amendments thereto.
(2) The amount of any medical assistance paid after June 30, 1992,
under the provisions of subsection (e) is a claim against the property or
any interest therein belonging to and a part of the estate of any deceased
recipient or, if there is no estate, the estate of the surviving spouse, if any,
shall be charged for such medical assistance paid to either or both and a
claim against any funds of such recipient or spouse in any account under
K.S.A. 9-1215, 17-2263 or 17-2264, and amendments thereto. There shall
be no recovery of medical assistance correctly paid to or on behalf of an
individual under subsection (e) except after the death of the surviving
spouse of the individual, if any, and only at a time when the individual has
no surviving child who is under 21 years of age or is blind or permanently
and totally disabled. Transfers of real or personal property by recipients of
medical assistance without adequate consideration are voidable and may
be set aside. Except where there is a surviving spouse, or a surviving child
who is under 21 years of age or is blind or permanently and totally
disabled, the amount of any medical assistance paid under subsection (e) is
a claim against the estate in any guardianship or conservatorship
proceeding. The monetary value of any benefits received by the recipient
of such medical assistance 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 claim provided for such medical assistance under this
subsection. The secretary of health and environment is authorized to
enforce each claim provided for under this subsection. The secretary of
health and environment shall not be required to pursue every claim, but is
granted discretion to determine which claims to pursue. All moneys
received by the secretary of health and environment from claims under this
subsection shall be deposited in the social welfare fund. The secretary of
health and environment may adopt rules and regulations for the
implementation and administration of the medical assistance recovery
program under this subsection.
(3) By applying for or receiving medical assistance under the
provisions of article 7 of chapter 39 of the Kansas Statutes Annotated, and
amendments thereto, such individual or such individual's agent, fiduciary,
guardian, conservator, representative payee or other person acting on
behalf of the individual consents to the following definitions of estate and
the 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
paragraph (2), such claim is limited to the individual's probatable estate as
defined by applicable law; and
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(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
paragraph (2), such claim shall apply to the individual's medical assistance
estate. The medical assistance estate is defined as including all real and
personal property and other assets in which the deceased individual 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 estate includes
without limitation, assets conveyed to a survivor, heir or assign of the
deceased recipient through joint tenancy, tenancy in common,
survivorship, transfer-on-death deed, payable-on-death contract, life estate,
trust, annuities or similar arrangement.
(4) The secretary of health and environment or the secretary's
designee is authorized to file and enforce a lien against the real property of
a recipient of medical assistance in certain situations, subject to all prior
liens 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 county
where the real property is located within one year from the date of death of
the recipient and must contain the legal description of all real property in
the county subject to the lien.
(A) After the death of a recipient of medical assistance, the secretary
of health and environment or the secretary's designee may place a lien on
any interest in real property owned by such recipient.
(B) The secretary of health and environment or the secretary's
designee may place a lien on any interest in real property owned by a
recipient of medical assistance during the lifetime of such recipient. Such
lien may be filed only after notice and an opportunity for a hearing has
been given. Such lien may be enforced only upon competent medical
testimony that the recipient cannot reasonably be expected to be
discharged and returned home. A six-month period of compensated
inpatient care at a nursing home or other medical institution shall
constitute a determination by the department of health and environment
that the recipient cannot reasonably be expected to be discharged and
returned home. To return home means the recipient leaves the nursing or
medical facility and resides in the home on which the lien has been placed
for a continuous period of at least 90 days without being readmitted as an
inpatient to a nursing or medical facility. The amount of the lien shall be
for the amount of assistance paid by the department of health and
environment until the time of the filing of the lien and for any amount paid
thereafter for such medical assistance to the recipient. After the lien is filed
against any real property owned by the recipient, such lien will be
dissolved if the recipient is discharged, returns home and resides upon the
real property to which the lien is attached for a continuous period of at
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HB 2178 17
least 90 days without being readmitted as an inpatient to a nursing or
medical facility. If the recipient is readmitted as an inpatient to a nursing or
medical facility for a continuous period of less than 90 days, another
continuous period of at least 90 days shall be completed prior to
dissolution of the lien.
(5) The lien filed by the secretary of health and environment or the
secretary's designee for medical assistance correctly received may be
enforced before or after the death of the recipient by the filing of an action
to foreclose such lien in the Kansas district court or through an estate
probate court action in the county where the real property of the recipient
is 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 before
the date of the recipient's 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 title
by conveyance, sale, succession, inheritance or will unless one of the
following events occur:
(A) The lien is satisfied. The recipient, the heirs, personal
representative or assigns of the recipient may discharge such lien at any
time by paying the amount of the lien to the secretary of health and
environment or the secretary's designee;
(B) the lien is terminated by foreclosure of prior lien of record or
settlement action taken in lieu of foreclosure; or
(C) the value of the real property is consumed by the lien, at which
time the secretary of health and environment or the secretary's designee
may force the sale for the real property to satisfy the lien.
(7) If the secretary for aging and disability services or the secretary of
health and environment, or both, or such secretary's designee has not filed
an action to foreclose the lien in the Kansas district court in the county
where the real property is located within 10 years from the date of the
filing of the lien, then the lien shall become dormant, and shall cease to
operate as a lien on the real estate of the recipient. Such dormant lien may
be revived in the same manner as a dormant judgment lien is revived under
K.S.A. 60-2403 et seq., and amendments thereto.
(8) Within seven days of receipt of notice by the secretary for
children and families or the secretary's designee of the death of a recipient
of medical assistance under this subsection, the secretary for children and
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HB 2178 18
families or the secretary's designee shall give notice of such recipient's
death to the secretary of health and environment or the secretary's
designee.
(9) All rules and regulations adopted on and after July 1, 2013, and
prior to July 1, 2014, to implement this subsection shall continue to be
effective and shall be deemed to be duly adopted rules and regulations of
the secretary of health and environment until revised, amended, revoked or
nullified pursuant to law.
(h) Placement under the revised Kansas code for care of children or
revised Kansas juvenile justice code; assignment of support rights and
limited power of attorney. In any case in which the secretary for children
and families pays for the expenses of care and custody of a child pursuant
to K.S.A. 38-2201 et seq. or 38-2301 et seq., and amendments thereto,
including the expenses of any foster care placement, an assignment of all
past, present and future support rights of the child in custody possessed by
either parent or other person entitled to receive support payments for the
child is, by operation of law, conveyed to the secretary. Such assignment
shall become effective upon placement of a child in the custody of the
secretary or upon payment of the expenses of care and custody of a child
by the secretary without the requirement that any document be signed by
the parent or other person entitled to receive support payments for the
child. When the secretary pays for the expenses of care and custody of a
child or a child is placed in the custody of the secretary, the parent or other
person entitled to receive support payments for the child is also deemed to
have appointed the secretary, or the secretary's designee, as attorney in fact
to perform the specific act of negotiating and endorsing all drafts, checks,
money orders or other negotiable instruments representing support
payments received by the secretary on behalf of the child. This limited
power of attorney shall be effective from the date the assignment to
support rights becomes effective and shall remain in effect until the
assignment of support rights has been terminated in full.
(i) No person who voluntarily quits employment or who is fired from
employment due to gross misconduct as defined by rules and regulations
of the secretary or who is a fugitive from justice by reason of a felony
conviction or charge or violation of a condition of probation or parole
imposed under federal or state law shall be eligible to receive public
assistance benefits in this state. Any recipient of public assistance who
fails to timely comply with monthly reporting requirements under criteria
and guidelines prescribed by rules and regulations of the secretary shall be
subject to a penalty established by the secretary by rules and regulations.
(j) If the applicant or recipient of temporary assistance for needy
families is a mother of the dependent child, as a condition of the mother's
eligibility for temporary assistance for needy families the mother shall
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HB 2178 19
identify by name and, if known, by current address the father of the
dependent child except that the secretary may adopt by rules and
regulations exceptions to this requirement in cases of undue hardship. Any
recipient of temporary assistance for needy families who fails to cooperate
with requirements relating to child support services under criteria and
guidelines prescribed by rules and regulations of the secretary shall be
subject to a penalty established by the secretary.
(k) By applying for or receiving child care subsidy or food assistance,
the applicant or recipient shall be deemed to have assigned, pursuant to
K.S.A. 39-756, and amendments thereto, to the secretary on behalf of the
state only accrued, present or future rights to support from any other
person such applicant may have in such person's own behalf or in behalf of
any other family member for whom the applicant is applying for or
receiving aid. The assignment of support rights shall automatically become
effective upon the date of approval for or receipt of such aid without the
requirement that any document be signed by the applicant or recipient. By
applying for or receiving child care subsidy or food assistance, the
applicant or recipient is also deemed to have appointed the secretary, or the
secretary's designee, as an attorney in fact to perform the specific act of
negotiating and endorsing all drafts, checks, money orders or other
negotiable instruments representing support payments received by the
secretary in behalf of any person applying for, receiving or having
received such assistance. This limited power of attorney shall be effective
from the date the secretary approves the application for aid and shall
remain in effect until the assignment of support rights has been terminated
in full. An applicant or recipient who has assigned support rights to the
secretary pursuant to this subsection shall cooperate in establishing and
enforcing support obligations to the same extent required of applicants for
or recipients of temporary assistance for needy families.
(l) (1) A program of drug screening for applicants for cash assistance
as a condition of eligibility for cash assistance and persons receiving cash
assistance as a condition of continued receipt of cash assistance shall be
established, subject to applicable federal law, by the secretary for children
and families on and before January 1, 2014. Under such program of drug
screening, the secretary for children and families shall order a drug
screening of an applicant for or a recipient of cash assistance at any time
when reasonable suspicion exists that such applicant for or recipient of
cash assistance is unlawfully using a controlled substance or controlled
substance analog. The secretary for children and families may use any
information obtained by the secretary for children and families to
determine whether such reasonable suspicion exists, including, but not
limited to, an applicant's or recipient's demeanor, missed appointments and
arrest or other police records, previous employment or application for
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employment in an occupation or industry that regularly conducts drug
screening, termination from previous employment due to unlawful use of a
controlled substance or controlled substance analog or prior drug screening
records of the applicant or recipient indicating unlawful use of a controlled
substance or controlled substance analog.
(2) Any applicant for or recipient of cash assistance whose drug
screening results in a positive test may request that the drug screening
specimen be sent to a different drug testing facility for an additional drug
screening. Any applicant for or recipient of cash assistance who requests
an additional drug screening at a different drug testing facility shall be
required to pay the cost of drug screening. Such applicant or recipient who
took the additional drug screening and who tested negative for unlawful
use of a controlled substance and controlled substance analog shall be
reimbursed for the cost of such additional drug screening.
(3) Any applicant for or recipient of cash assistance who tests
positive for unlawful use of a controlled substance or controlled substance
analog shall be required to complete a substance abuse treatment program
approved by the secretary for children and families, secretary of labor or
secretary of commerce, and a job skills program approved by the secretary
for children and families, secretary of labor or secretary of commerce.
Subject to applicable federal laws, any applicant for or recipient of cash
assistance who fails to complete or refuses to participate in the substance
abuse treatment program or job skills program as required under this
subsection shall be ineligible to receive cash assistance until completion of
such substance abuse treatment and job skills programs. Upon completion
of both substance abuse treatment and job skills programs, such applicant
for or recipient of cash assistance may be subject to periodic drug
screening, as determined by the secretary for children and families. Upon a
second positive test for unlawful use of a controlled substance or
controlled substance analog, a recipient of cash assistance shall be ordered
to complete again a substance abuse treatment program and job skills
program, and shall be terminated from cash assistance for a period of 12
months, or until such recipient of cash assistance completes both substance
abuse treatment and job skills programs, whichever is later. Upon a third
positive test for unlawful use of a controlled substance or controlled
substance analog, a recipient of cash assistance shall be terminated from
cash assistance, subject to applicable federal law.
(4) If an applicant for or recipient of cash assistance is ineligible for
or terminated from cash assistance as a result of a positive test for
unlawful use of a controlled substance or controlled substance analog, and
such applicant for or recipient of cash assistance is the parent or legal
guardian of a minor child, an appropriate protective payee shall be
designated to receive cash assistance on behalf of such child. Such parent
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or legal guardian of the minor child may choose to designate an individual
to receive cash assistance for such parent's or legal guardian's minor child,
as approved by the secretary for children and families. Prior to the
designated individual receiving any cash assistance, the secretary for
children and families shall review whether reasonable suspicion exists that
such designated individual is unlawfully using a controlled substance or
controlled substance analog.
(A) In addition, any individual designated to receive cash assistance
on behalf of an eligible minor child shall be subject to drug screening at
any time when reasonable suspicion exists that such designated individual
is unlawfully using a controlled substance or controlled substance analog.
The secretary for children and families may use any information obtained
by the secretary for children and families to determine whether such
reasonable suspicion exists, including, but not limited to, the designated
individual's demeanor, missed appointments and arrest or other police
records, previous employment or application for employment in an
occupation or industry that regularly conducts drug screening, termination
from previous employment due to unlawful use of a controlled substance
or controlled substance analog or prior drug screening records of the
designated individual indicating unlawful use of a controlled substance or
controlled substance analog.
(B) Any designated individual whose drug screening results in a
positive test may request that the drug screening specimen be sent to a
different drug testing facility for an additional drug screening. Any
designated individual who requests an additional drug screening at a
different drug testing facility shall be required to pay the cost of drug
screening. Such designated individual who took the additional drug
screening and who tested negative for unlawful use of a controlled
substance and controlled substance analog shall be reimbursed for the cost
of such additional drug screening.
(C) Upon any positive test for unlawful use of a controlled substance
or controlled substance analog, the designated individual shall not receive
cash assistance on behalf of the parent's or legal guardian's minor child,
and another designated individual shall be selected by the secretary for
children and families to receive cash assistance on behalf of such parent's
or legal guardian's minor child.
(5) If a person has been convicted under federal or state law of any
offense that is classified as a felony by the law of the jurisdiction and has
as an element of such offense the manufacture, cultivation, distribution,
possession or use of a controlled substance or controlled substance analog,
and the date of conviction is on or after July 1, 2013, such person shall
thereby become forever ineligible to receive any cash assistance under this
subsection unless such conviction is the person's first conviction. First-
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HB 2178 22
time offenders convicted under federal or state law of any offense that is
classified as a felony by the law of the jurisdiction and has as an element
of such offense the manufacture, cultivation, distribution, possession or
use of a controlled substance or controlled substance analog, and the date
of conviction is on or after July 1, 2013, such person shall become
ineligible to receive cash assistance for five years from the date of
conviction.
(6) Except for hearings before the Kansas department for children
and families, the results of any drug screening administered as part of the
drug screening program authorized by this subsection shall be confidential
and shall not be disclosed publicly.
(7) The secretary for children and families may adopt such rules and
regulations 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 prescribed
by 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 Statutes
Annotated, and amendments thereto, and any rules and regulations adopted
pursuant to such provisions.
(B) "Controlled substance" means the same as in K.S.A. 21-5701, and
amendments thereto, and 21 U.S.C. § 802.
(C) "Controlled substance analog" means the same as in K.S.A. 21-
5701, and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 39-709 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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