reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-783 Notice to affected healthcare provider groups of reduction in scope or reimbursement of services under medical assistance program; contents; effect of failure to give notice.

39-783. Notice to affected healthcare provider groups of reduction in scope or reimbursement of services under medical assistance program; contents; effect of failure to give notice.
The secretary for aging and disability services or the Kansas department of health and environment shall mail a written notice to all affected health care provider groups of each reduction in the scope or reimbursement of services provided under the medical assistance program of the Kansas department for aging and disability services or the Kansas department of health and environment at least 10 days prior to the effective date of any such reduction. The written notice shall include a complete and accurate description of the proposed reductions. The secretary for aging and disability services or the Kansas department of health and environment shall not implement any such reduction in the medical assistance program until 10 days after the date that the written notice prescribed by this section is mailed to the affected provider groups. The failure to give notice as prescribed by this section shall not constitute or provide grounds for any cause of action concerning the medical assistance program and no such failure to give notice shall invalidate any action of the secretary for aging and disability services or the Kansas department of health and environment concerning the medical assistance program.
History:
L. 1987, ch. 328, § 1; L. 2014, ch. 115, § 93; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-784 Fees for providing home health services for recipients served under medicaid home and community based services program; disposition; Kansas department for aging and disability services temporary deposit fund.

39-784. Fees for providing home health services for recipients served under medicaid home and community based services program; disposition; Kansas department for aging and disability services temporary deposit fund.
(a) The secretary for aging and disability services is hereby authorized to fix, charge and collect reasonable fees for providing home care services to recipients served under the medicaid home and community based services program.
(b) All moneys received for fees collected pursuant to subsection (a) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas department for aging and disability services temporary deposit fund.
History:
L. 1988, ch. 326, § 1; L. 2001, ch. 5, § 110; L. 2014, ch. 115, § 94; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-788 Act not in conflict with federal statute or regulation until final determination by federal secretary of health and human services that conflict exists; judicial review of such determination; notification of appropriate committees of legislature.

39-788. Act not in conflict with federal statute or regulation until final determination by federal secretary of health and human services that conflict exists; judicial review of such determination; notification of appropriate committees of legislature.
(a) No provision of this act shall be considered to be in conflict with any federal statute or regulation until after a final determination by the secretary of the United States department of health and human services finding such a conflict.
(b) If the secretary of the United States department of health and human services makes an initial determination that any provision of this act is in conflict with any federal statute or regulation, the secretary for aging and disability services or the department of health and environment, or both, shall take all available and necessary steps to obtain a final determination reversing that decision. If a final determination is made that this act conflicts with federal law, the secretary for aging and disability services or the department of health and environment, or both, shall immediately request that the attorney general seek judicial review of the determination and shall immediately notify the appropriate policy and fiscal committees of the legislature.
History:
L. 1988, ch. 143, § 4; L. 2014, ch. 115, § 98; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-789 Persons unable to give consent for transfers eligible for assistance under act; court order of maintenance, conservatorship or property and income division required.

39-789.
Persons unable to give consent for transfers eligible for assistance under act; court order of maintenance, conservatorship or property and income division required.
Assistance shall not be withheld from any institutionalized person or any person seeking home and community based services who would otherwise qualify for assistance under this act but who, by reason of being a disabled person as defined by K.S.A. 77-201, and amendments thereto, is unable to give the consent prerequisite to the property and income transfers described in this act, provided that the spouse of the individual seeking assistance seeks a court order of maintenance, an order of conservatorship or of property and income division pursuant to this act within one year from the beginning of the first benefit period.
History:
L. 1988, ch. 143, § 5; L. 2002, ch. 114, § 54; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-790 Court-ordered child support obligation or family maintenance allowance not available income.

39-790.
Court-ordered child support obligation or family maintenance allowance not available income.
For division of income purposes, a court-ordered child support obligation or family maintenance allowance to a prior spouse or spouses shall not be considered available income.
History:
L. 1988, ch. 143, § 6; May 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-791 Application of K.S.A. 39-785 through 39-790 suspended; expiration of section.

39-791.
Application of K.S.A. 39-785 through 39-790 suspended; expiration of section.
Upon the date payments commence under title XIX of the federal social security act as authorized by subsection (g)(1)(A) of section 303 and amendments thereto of the federal medicare catastrophic coverage act of 1988 for calendar quarters beginning on and after September 30, 1989, the provisions of K.S.A. 39-785, 39-786, 39-787, 39-788, 39-789 and 39-790 are hereby suspended. The provisions of this section shall expire on the date payments under title XIX of the federal social security act authorized by subsection (g)(1)(A) of section 303 and amendments thereto of the federal medicare catastrophic coverage act of 1988 cease to be made pursuant to an act of the congress of the United States which repeals such section or directs that payments authorized under subsection (g)(1)(A) of such section not be made.
History:
L. 1989, ch. 124, § 4; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,100 Home and community based services program; definitions; program requirements; demonstration projects.

39-7,100. Home and community based services program; definitions; program requirements; demonstration projects.
(a) As used in this section:
(1) "Home and community based services programs" mean the programs established under the state medical assistance program under plans or waivers as defined in the federal social security act in accordance with the plans or waivers adopted by the secretary for aging and disability services to provide attendant care services to individuals in need of in-home care who would require admission to an institution if the attendant care services were not otherwise provided.
(2) "Secretary" means the secretary for aging and disability services.
(b) The secretary as part of the home and community based services programs, subject to social security act grant requirements, shall provide that:
(1) Priority recipients of attendant care services shall be those individuals in need of in-home care who are at the greatest risk of being placed in an institutional setting;
(2) individuals in need of in-home care who are recipients of attendant care services and the parents or guardians of individuals who are minors at least 16 years of age and who are in need of in-home care shall have the right to choose the option to make decisions about, direct the provisions of and control the attendant care services received by such individuals including, but not limited to, selecting, training, managing, paying and dismissing of an attendant;
(3) any proposals to provide attendant care services solicited by the secretary shall be selected based on service priorities developed by the secretary, except that priority shall be given to proposals that will serve those at greatest risk of being placed in an institution as determined by the secretary;
(4) providers, where appropriate, shall include individuals in need of in-home care in the planning, startup, delivery and administration of attendant care services and the training of personal care attendants; and
(5) within the limits of appropriations therefor, the home and community based services programs shall serve eligible individuals in need of in-home care throughout this state.
(c) Within the limits of appropriations therefor, the secretary may initiate demonstration projects to test new ways of providing attendant care services and may conduct specific research into ways to best provide attendant care services in both urban and rural environments.
History:
L. 1989, ch. 191, § 2; L. 1990, ch. 233, § 4; L. 1996, ch. 271, § 13; L. 2014, ch. 115, § 99; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,100a Home and community based services; expansion to include services provided under senior care act; funding.

39-7,100a. Home and community based services; expansion to include services provided under senior care act; funding.
The secretary for aging and disability services shall apply for appropriate waivers to applicable federal medicaid provisions to permit an expansion of home and community based services to include the services provided under the Kansas senior care act and to obtain medicaid funding therefor.
History:
L. 1996, ch. 271, § 17; L. 2014, ch. 115, § 100; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,100b Individuals with disabilities; reinstatement of eligibility; home and community based services; definitions; rules and regulations.

39-7,100b. Individuals with disabilities; reinstatement of eligibility; home and community based services; definitions; rules and regulations.
(a) As used in this section:
(1) "Certified business" shall have the meaning ascribed thereto in K.S.A. 75-3740, and amendments thereto;
(2) "home and community based services programs" shall have the meaning ascribed thereto in K.S.A. 39-7,100, and amendments thereto;
(3) "individuals with disabilities" or "individual with a disability" shall have the meaning ascribed thereto in K.S.A. 75-3740, and amendments thereto;
(4) "medicaid program" means the Kansas program of medical assistance for which federal or state moneys, or any combination thereof, are expended, or any successor federal or state, or both, health insurance program or waiver granted thereunder;
(5) "physical or mental impairment" shall have the meaning ascribed thereto in K.S.A. 75-3740, and amendments thereto; and
(6) "secretary" means the secretary for aging and disability services or the secretary's designee.
(b) There is a rebuttable presumption that an individual with a disability shall be eligible for reinstatement to the level of home and community based services or other medicaid program services such person was entitled to on the day preceding the day such person stopped receiving home and community based services or other medicaid program services if:
(1) Such individual had received home and community based services or other medicaid program services pursuant to an application filed with the Kansas department for aging and disability services, and entitlement to receive or receipt of home and community based services or other medicaid program services terminated due to employment for a certified business, not medical recovery or any other reason; and
(2) the individual with a disability is currently under a physical or mental impairment that was the basis for the finding of disability that gave rise to the entitlement for the services specified in subsection (b)(1). Upon reinstatement to the medicaid program to receive home and community based services or other medicaid program services, such individual shall receive services and not wait to receive services under such program.
(c) The secretary may promulgate rules and regulations as necessary to effectuate the purpose of this section.
(d) This section shall take effect on and after January 1, 2013.
History:
L. 2012, ch. 163, § 8; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,116 Definitions.

39-7,116. Definitions.
As used in this act:
(a) "Restrictive drug formulary" means a list of prescription-only drugs established by the department which excludes in whole or in part reimbursement by the department for such drugs under a program administered by the department.
(b) The words and phrases used in this section shall have the same meanings as are ascribed to such words and phrases under K.S.A. 65-1626, and amendments thereto.
(c) "Physician" means a person licensed to practice medicine and surgery.
(d) "Department" means the department of health and environment.
History:
L. 1990, ch. 214, § 1; L. 2005, ch. 187, § 22; L. 2005, ch. 187, § 51; L. 2012, ch. 102, § 6; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,118 Drug utilization review program.

39-7,118. Drug utilization review program.
The secretary of health and environment shall implement a drug utilization review program with the assistance of a medicaid drug utilization review board as provided in K.S.A. 39-7,119, and amendments thereto, to assure the appropriate utilization of drugs by patients receiving medical assistance under the medicaid program. The drug utilization review program shall include:
(a) Monitoring of prescription information including overutilization and underutilization of prescription-only drugs;
(b) making periodic reports of findings and recommendations to the secretary of health and environment and the United States department of health and human services regarding the activities of the board, drug utilization review programs, summary of interventions, assessments of education interventions and drug utilization review cost estimates;
(c) providing for prospective and retrospective drug utilization review, as specified in the federal omnibus budget reconciliation act of 1990 (public law 101-508);
(d) monitoring provider and recipient compliance with program objectives;
(e) providing educational information on state program objectives, directly or by contract, to private and public sector health care providers to improve prescribing and dispensing practices;
(f) reviewing the increasing costs of purchasing prescription drugs and making recommendations on cost containment;
(g) reviewing profiles of medicaid beneficiaries who have multiple prescriptions above a level specified by the board; and
(h) recommending any modifications or changes to the medicaid prescription drug program.
History:
L. 1990, ch. 214, § 3; L. 1994, ch. 254, § 1; L. 2002, ch. 180, § 6; L. 2005, ch. 187, § 23; L. 2005, ch. 187, § 52; L. 2012, ch. 102, § 7; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,120 Limitations on restrictions of patient access to prescription-only drugs through prior authorization or restrictive formulary; rules and regulations; factors to consider.

39-7,120. Limitations on restrictions of patient access to prescription-only drugs through prior authorization or restrictive formulary; rules and regulations; factors to consider.
(a) The secretary of health and environment may implement prior authorization of any new prescription-only drugs until such drugs are reviewed by the medicaid drug utilization review board at the next scheduled meeting. New drugs shall be approved for use when such drugs are used within package insert guidelines approved by the federal food and drug administration and clinically reputable compendia, such as the United States pharmacopeia, as approved by the secretary of health and environment, during the period before such drugs are reviewed by the medicaid drug utilization review board. The secretary of health and environment may not implement permanent prior authorization until 30 days after receipt of comments by the medicaid drug utilization review board.
(b) When considering recommendations from the medicaid drug utilization review board regarding the prior authorization of a drug, the secretary of health and environment shall consider the net economic impact of such prior authorization, including, but not limited to, the costs of specific drugs, rebates or discounts pursuant to 42 U.S.C. § 1396r-8, dispensing costs, dosing requirements and utilization of other drugs or other medicaid health care services which may be related to the prior authorization of such drug.
History:
L. 1994, ch. 254, § 4; L. 2002, ch. 180, § 8; L. 2005, ch. 187, § 25; L. 2005, ch. 187, § 54; L. 2012, ch. 102, § 9; L. 2015, ch. 63, § 3; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,121a State medicaid preferred drug formulary; advisory committee; evaluation of drugs and drug classes; rebates; discounts and services; review of formulary.

39-7,121a. State medicaid preferred drug formulary; advisory committee; evaluation of drugs and drug classes; rebates; discounts and services; review of formulary.
(a) The department of health and environment may establish an advisory committee pursuant to K.S.A. 75-5616, and amendments thereto, to advise the department of health and environment in the development of a preferred formulary listing of covered drugs by the state medicaid program.
(b) The department of health and environment shall evaluate drugs and drug classes for inclusion in the state medicaid preferred drug formulary based on safety, effectiveness and clinical outcomes of such treatments. In addition, the department of health and environment shall evaluate drugs and drug classes to determine whether inclusion of such drugs or drug classes in a starter dose program would be clinically efficacious and cost effective. If the factors of safety, effectiveness and clinical outcomes among drugs being considered in the same class indicate no therapeutic advantage, then the department of health and environment shall consider the cost effectiveness and the net economic impact of such drugs in making recommendations for inclusion in the state medicaid preferred drug formulary. Drugs which do not have a significant, clinically meaningful therapeutic advantage in terms of safety, effectiveness or clinical outcomes over other drugs in the same class which have been selected for the preferred drug formulary may be excluded from the preferred drug formulary and may be subject to prior authorization in accordance with state and federal law, except, prior to July 1, 2003, where a prescriber has personally written "dispense as written" or "D.A.W.," or has signed the prescriber's name on the "dispense as written" signature line in accordance with K.S.A. 65-1637, and amendments thereto.
(c) The department of health and environment shall consider the net economic impact of drugs selected or excluded from the preferred formulary and may gather information on the costs of specific drugs, rebates or discounts pursuant to 42 U.S.C. § 1396r-8, dispensing costs, dosing requirements and utilization of other drugs or other medicaid health care services.
(d) The department of health and environment may accept all services, including, but not limited to, disease state management, associated with the delivery of pharmacy benefits under the state medicaid program having a determinable cost effect in addition to the medicaid prescription drug rebates required pursuant to 42 U.S.C. § 1396r-8.
(e) The state medicaid preferred drug formulary shall be submitted to the medicaid drug utilization review board for review and policy recommendations.
History:
L. 2002, ch. 180, § 1; L. 2005, ch. 187, § 27; L. 2005, ch. 187, § 56; L. 2012, ch. 102, § 11; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,121c Certain medications not subject to prior authorization.

39-7,121c.
Certain medications not subject to prior authorization.
A prescription medication prescribed for a medicaid recipient or a person who becomes eligible for medicaid assistance shall not be subject to any requirement for prior authorization under the state medicaid plan unless (a) such prescription, including all authorized refills, has expired, or (b) the practitioner who prescribed the medication for such recipient prescribes a different medication.
History:
L. 2002, ch. 180, § 3; June 6.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,121d Program of differential dispensing fees for certain pharmacies; provisions for differential ingredient cost reimbursement; prescriber's unique identification number.

39-7,121d. Program of differential dispensing fees for certain pharmacies; provisions for differential ingredient cost reimbursement; prescriber's unique identification number.
(a) The state medicaid plan shall include provisions for a program of differential dispensing fees for pharmacies that provide prescriptions for adult care homes under a unit dose system in accordance with rules and regulations of the state board of pharmacy and that participate in the return of unused medications program under the state medicaid plan.
(b) The state medicaid plan shall include provisions for differential ingredient cost reimbursement of generic and brand name pharmaceuticals. The department of health and environment shall set the rates for differential cost reimbursement of generic and brand name pharmaceuticals by rules and regulations.
(c) The state medicaid plan shall require that every pharmacy claim form under the plan include the prescriber's unique identification number.
History:
L. 2002, ch. 180, § 4; L. 2005, ch. 187, § 28; L. 2005, ch. 187, § 57; L. 2007, ch. 195, § 24; L. 2012, ch. 102, § 12; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,121e Limitation of reimbursement to multisource generic equivalent drugs, when; pharmacists not required to dispense certain drugs.

39-7,121e. Limitation of reimbursement to multisource generic equivalent drugs, when; pharmacists not required to dispense certain drugs.
(a) Except where a prescriber has personally written "dispense as written" or "D.A.W.," or has signed the prescriber's name on the "dispense as written" signature line in accordance with K.S.A. 65-1637, and amendments thereto, the department of health and environment may limit reimbursement for a prescription under the medicaid program to the multisource generic equivalent drug.
(b) No pharmacist participating in the medical assistance program shall be required to dispense a prescription-only drug that will not be reimbursed by the medical assistance program.
History:
L. 2002, ch. 180, § 5; L. 2005, ch. 187, § 29; L. 2005, ch. 187, § 58; L. 2012, ch. 102, § 13; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,121g Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver.

39-7,121g. Donor human breast milk; hospital eligible for reimbursement, when; rules and regulations; federal waiver.
(a) The department of health and environment shall reimburse a medical care facility for prescribed medically necessary donor human breast milk provided to a recipient of medical assistance under the Kansas program of medical assistance if:
(1) Such recipient is:
(A) An infant under the age of three months;
(B) critically ill; and
(C) in the neonatal intensive care unit of the hospital;
(2) a person licensed to practice medicine and surgery orders the donor human breast milk for the recipient;
(3) the department determines that the donor human breast milk is medically necessary for the recipient;
(4) the parent or legal guardian of the recipient signs and dates an informed consent form indicating the risks and benefits of using banked donor human breast milk; and
(5) the donor human breast milk is obtained from a donor human breast milk bank that meets the quality requirements established by the department of health and environment.
(b) An electronic prior authorization system that uses the best medical evidence and care and treatment guidelines consistent with national standards shall be used by the department to determine medical necessity.
(c) The department shall promulgate rules and regulations necessary to implement the provisions of this section prior to July 1, 2016.
(d) The department shall implement and administer the provisions of this section in a manner consistent with applicable federal laws and regulations. The department shall seek any necessary approvals of the federal government that are required for the implementation of this section.
(e) As used in this section:
(1) "Department" means the department of health and environment.
(2) "Medical care facility" shall mean the same as in K.S.A. 65-425, and amendments thereto.
History:
L. 2015, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,124 Aid to families with dependent children; no grant payments for unmarried minor who has a child unless residing with parent; exceptions.

39-7,124.
Aid to families with dependent children; no grant payments for unmarried minor who has a child unless residing with parent; exceptions.
(a) Notwithstanding the provisions of any other law to the contrary, no aid to families with dependent children grant payment shall be made on behalf of a minor under the age of 18 years who has never married and who has a child or is pregnant unless such minor resides with a parent, legal guardian or other adult relative or in a foster home, maternity home or other adult-supervised living arrangement.
(b) Exceptions to this section shall be allowed in any of the following circumstances in accordance with requirements of the federal family support act of 1988:
(1) The individual has no parent or legal guardian who is living or the whereabouts of the individual's parent or legal guardian are unknown;
(2) the state determines that the physical health or safety of the individual or the individual's child would be jeopardized; or
(3) the individual has lived apart from the individual's parent or legal guardian for a period of at least one year prior to the birth of the child or applying for benefits.
History:
L. 1994, ch. 265, § 1; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,127 Same; work-and-earn incentive program; waivers from federal program requirements before implementation.

39-7,127. Same; work-and-earn incentive program; waivers from federal program requirements before implementation.
(a) The secretary for children and families shall make program modifications to the aid to families with dependent children program of the Kansas department for children and families, to include a work-and-earn incentive program containing provisions such that:
(1) If an individual's earned income is considered, the individual shall be allowed a work-and-earn incentive adjustment to assistance which shall be determined in accordance with policies prescribed by rules and regulations adopted by the secretary for children and families and shall include an incentive disregard of the amount equal to a $90 work expense plus 40% of the gross monthly earned income above the $90 with (A) the individual's eligibility continuing until the family's total income exceeds the maximum income limit established by the secretary for children and families in rules and regulations, (B) no time limit on the incentive disregard, and (C) no application of any other time-limited, work-related income disregard when the work-and-earn incentive program is applicable; and
(2) if an individual's earned income is considered, the individual shall be allowed the work expense deduction referenced in paragraph (1) of this subsection from the earned income, which shall include, as provided in rules and regulations of the secretary for children and families, generally all work-related expenses, other than day care, and includes specifically: Taxes, transportation expenses, meal expenses and acquisition and maintenance expense for required uniforms.
(b) The secretary for children and families shall seek waivers from program requirements of the federal government as may be needed to carry out the provisions of this section and to maximize federal matching and other funds with respect to the provisions of this section. The secretary for children and families shall implement the provisions of this section only if such waivers to federal program requirements have been obtained from the federal government.
History:
L. 1994, ch. 265, § 13; L. 2014, ch. 115, § 110; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,128 Same; eligibility determination; exclusion of income earned and saved by minor for educational purposes; rules and regulations.

39-7,128. Same; eligibility determination; exclusion of income earned and saved by minor for educational purposes; rules and regulations.
In determining eligibility for aid to families with dependent children or grant determinations relating thereto, the secretary for children and families shall exclude from income and resources any income earned by a minor and saved by the minor for educational purposes for the minor. This earned income shall be income earned by the minor and saved for educational purposes in accordance with rules and regulations of the secretary for children and families which define earned income for the purposes of this section and specify the method by which such income may be dedicated to educational purposes to ensure that such income is used in a manner to comply with the provisions of this section.
History:
L. 1994, ch. 265, § 5; L. 2014, ch. 115, § 111; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,129 Same; compliance with child immunization and vaccination requirements for continuing eligibility for aid.

39-7,129. Same; compliance with child immunization and vaccination requirements for continuing eligibility for aid.
The secretary for children and families shall adjust, by rules and regulations, the program requirements for aid to families with dependent children provided through the Kansas department for children and families to include requirements that, as a condition for continued eligibility for aid to families with dependent children, the family comply with laws providing for immunization and vaccination of children attending school or a child care facility. The secretary of health and environment shall provide to the secretary for children and families current information on the requirements of these laws which relate to the immunization and vaccination of children.
History:
L. 1994, ch. 265, § 15; L. 2010, ch. 161, § 2; L. 2014, ch. 115, § 112; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,130 Same; requiring waiver applications for certain federal eligibility requirements for two-parent families, women in first month of pregnancy, and children in foster care.

39-7,130. Same; requiring waiver applications for certain federal eligibility requirements for two-parent families, women in first month of pregnancy, and children in foster care.
(a) The secretary for children and families shall seek a waiver under federal law to allow two-parent families otherwise eligible for aid to families with dependent children to be eligible even though the principal wage earner may be working more than the allowable hours per month and have not worked in the required quarters of the year or earned less than required in such quarters of the year, or both; to allow pregnant women otherwise eligible for aid to families with dependent children to be eligible for aid to families with dependent children from the first month of pregnancy; and to allow children otherwise eligible for aid to families with dependent children foster care to be eligible even though the child's family does not meet aid to families with dependent children criteria.
(b) As used in this section, terms have the meanings provided by K.S.A. 39-702, and amendments thereto.
History:
L. 1994, ch. 265, § 7; L. 2014, ch. 115, § 113; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,131 Same; application for waivers of federal requirements prior to implementation of act.

39-7,131. Same; application for waivers of federal requirements prior to implementation of act.
Where required, the secretary for children and families shall apply for waiver of federal law or regulation as necessary to implement the provisions of this act. The secretary for children and families shall not implement any provision of this act* if the secretary determines that implementing such provision would have the effect of spending more state general funds than appropriated or reducing or eliminating federal matching funds or other federal funds.
History:
L. 1994, ch. 265, § 16; L. 2014, ch. 115, § 114; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,132 Aid to families with dependent children; financial support for persons otherwise eligible for such aid; Kansas income tax credit for corporations; agreement with secretary, use of moneys.

39-7,132. Aid to families with dependent children; financial support for persons otherwise eligible for such aid; Kansas income tax credit for corporations; agreement with secretary, use of moneys.
(a) Any person who agrees to provide financial support to a person who would otherwise be eligible to receive aid to families with dependent children and who has entered into an agreement with the secretary for children and families for this purpose, in accordance with rules and regulations adopted by the secretary for children and families establishing the terms and conditions of such agreement, shall receive a credit against the tax liability imposed under the Kansas income tax act as provided under K.S.A. 79-32,200, and amendments thereto.
(b) Moneys received by the secretary under this section shall be used to match available federal moneys for providing aid to families with dependent children in the following manner: (1) The portion equal to 80% of such moneys shall be credited to the state general fund; (2) the portion equal to 15% of such moneys shall be used by the secretary to match available federal moneys and shall be added by the secretary to the grant of the recipient family; and (3) the remaining portion equal to 5% of such moneys shall be credited to the social welfare fund for administrative expenses and one-time grants.
(c) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History:
L. 1994, ch. 265, § 2; L. 2012, ch. 135, § 1; L. 2014, ch. 115, § 115; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,133 Severability of act.

39-7,133.
Severability of act.
If any provision or clause of this act* or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1994, ch. 265, § 18; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,134 Establishment of system.

39-7,134. Establishment of system.
The secretary for children and families is hereby directed to establish a system for disseminating information and advice to and making referrals of persons seeking to enforce child support orders, whether or not the person or child is receiving public assistance.
History:
L. 1985, ch. 115, § 55; L. 2014, ch. 115, § 116; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,136 Access to information relating to a IV-D case.

39-7,136.
Access to information relating to a IV-D case.
Pursuant to a subpoena for records issued under the code of civil procedure or K.S.A. 39-7,144, and amendments thereto, the secretary or a title IV-D agency of another state shall have access to information related to a IV-D case that is in the custody or control of an individual or private entity as follows:
(a) Each party to a paternity or child support proceeding in any case included in the state case registry shall provide, and update as appropriate, information about the location and identity of the party. To the extent such information exists, it shall include but not be limited to the person's full name, social security number, residential and mailing addresses, telephone number, driver's license number and the name, address and telephone number of the person's employer.
(b) Any employer shall promptly provide information on the employment, compensation and benefits of any individual employed by such person or entity as an employee or contractor.
(c) Any person or entity holding customer records of a public utility or cable television company shall comply with a subpoena for information about an individual consisting of the individual's name, address, employer, or employer's address as reflected in such records.
(d) A financial institution shall promptly provide information upon request about an individual or the individual's property of liabilities.
(e) Confidential information received by the secretary under this section shall be subject to the safeguards of K.S.A. 39-759 and amendments thereto.
(f) This section shall be part of and supplemental to article 7 of chapter 39 of the Kansas Statutes Annotated.
History:
L. 1997, ch. 182, § 3; July 3.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,137 Construction.

39-7,137.
Construction.
(a) Nothing in K.S.A. 39-7,137 through 39-7,152 and amendments thereto shall be construed as a waiver by the state of Kansas of immunity from suit under the 11th amendment to the constitution of the United States or as allowing any jurisdiction outside this state to impose sanctions or penalties against the state of Kansas, any agency or instrumentality thereof, its officers or employees.
(b) K.S.A. 39-7,137 through 39-7,152 and amendments thereto shall be part of and supplemental to article 7 of chapter 39 of the Kansas Statutes Annotated.
History:
L. 1997, ch. 182, § 6; July 3.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,139 Powers and remedies of the secretary concerning IV-D services.

39-7,139. Powers and remedies of the secretary concerning IV-D services.
(a) The powers and remedies provided in this section are cumulative and do not affect any other powers of the secretary or the availability of remedies under other law.
(b) In any case for which the secretary is providing IV-D services, the secretary, subject to de novo court review as provided in subsection (c), may:
(1) Obtain access to information as authorized by law;
(2) subpoena records pursuant to K.S.A. 39-7,144, and amendments thereto;
(3) order genetic tests pursuant to K.S.A. 39-7,145, and amendments thereto;
(4) order minimum payments to defray arrearages pursuant to K.S.A. 39-7,146, and amendments thereto;
(5) enforce any duty of support by income withholding pursuant to the income withholding act and K.S.A. 39-7,147 et seq., and amendments thereto;
(6) enforce any duty of support by administrative levy pursuant to K.S.A. 39-7,150, and amendments thereto;
(7) perfect any lien against property;
(8) order executions against property pursuant to K.S.A. 60-2401, and amendments thereto; and
(9) change the payee of any support order pursuant to K.S.A. 39-7,151, and amendments thereto.
(c) In any action by the secretary pursuant to subsection (b), an aggrieved person has the right to file a petition with the district court pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto, for de novo court review of such action by the secretary. An aggrieved person shall not be required to first exhaust administrative remedies that may be available to such person. If such person files a petition for de novo review and a request for an administrative hearing has already been docketed, such administrative hearing shall be stayed until the court has reviewed and rendered a decision on such petition. The secretary for children and families shall be a necessary party to the action. In any action under this subsection, the court may grant relief that would have been available to the parties in an administrative hearing conducted pursuant to K.S.A. 75-3306, and amendments thereto.
(d) In any action by the secretary pursuant to subsection (b), the secretary shall give written notice to the party, clearly and conspicuously, of the right to a de novo court review pursuant to subsection (c).
(e) The secretary may designate employees of the secretary to serve as authorized agents to exercise powers of the secretary in IV-D administrative proceedings. By written contract, the secretary may designate other persons to serve as authorized agents to exercise specific powers of the secretary in IV-D cases.
History:
L. 1997, ch. 182, § 8; L. 2014, ch. 115, § 119; July 1.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,141 Waiver of rights.

39-7,141.
Waiver of rights.
Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person with respect to any IV-D proceeding. Anyone seeking waiver shall advise the person of the right to seek independent legal advice. Such waiver may be revoked in writing within 20 days following the date of such waiver.
History:
L. 1997, ch. 182, § 10; July 3.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,142 Administrative orders.

39-7,142.
Administrative orders.
(a) The provisions of this section shall apply to all orders entered by an authorized agent of the secretary in any IV-D administrative proceeding under K.S.A. 39-7,137 through 39-7,152 and amendments thereto.
(b) Every administrative order entered shall specify:
(1) Identifying information about the IV-D case;
(2) the mailing address of the Kansas office providing IV-D services;
(3) any finding of fact required by law; and
(4) when review of the administrative order is available and how to request review.
(c) Each administrative order shall be signed and dated by the secretary's authorized agent. The date of entry shall be the date the administrative order is signed by the secretary's authorized agent. The administrative order shall be effective as of the date of entry except to the extent that the order's effectiveness is stayed.
(d) A copy of the administrative order shall be served on each person required to comply with the administrative order, on the responsible parent, and on any other person required by law to receive a copy of the administrative order.
(e) The secretary may correct any technical error arising from oversight or omission or any clerical mistake that is discovered in any administrative order. Except as otherwise provided in this section, the amendment may be made at any time upon the secretary's own initiative or upon request of any person and after such notice, if any, that the secretary determines appropriate. If a review is pending, an amendment under this section may be made only with leave of the presiding officer. The amendment shall relate back to the date of the original administrative order, except that any person who has relied in good faith upon the original administrative order shall not be prejudiced by the relation back of any amendment under this section. A copy of the amended administrative order shall be served upon the same parties as the original administrative order, with a statement explaining the change, when review of the amended administrative order is available and how to request review. For the purpose of determining whether review of the amended order is available, the date the amended order was served upon the person requesting review shall be treated as the date the amended administrative order was entered.
History:
L. 1997, ch. 182, § 11; July 3.
2023 Kansas Statutes › Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare › Article 7 - Social Welfare › 39-7,143 Same; enforceability.

39-7,143.
Same; enforceability.
(a) Subject to subsection (b), an administrative subpoena or order whose effect has not been stayed shall be enforceable pursuant to the civil enforcement provisions of the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto, from the date of the subpoena's issuance or the order's entry.
(b) A subpoena issued pursuant to K.S.A. 39-7,144, and amendments thereto or an order to restrict transfer or to verify information entered pursuant to K.S.A. 39-7,150, and amendments thereto, shall not be enforceable more than two years after the date of issuance or entry, as shown on the face of the subpoena or order.
History:
L. 1997, ch. 182, § 12; L. 2010, ch. 17, § 53; July 1.