Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 2 - K-TAP, Kentucky Works, Welfare to Work, State Supplementation › Section 921 KAR 2:015 - Supplemental programs for persons who are aged, blind, or have a disability

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 194A, 202A.011(12), 205.245,
				209.020(4), 216.530, 216.557(1), 216.765(2), Chapter 216B, Chapter 514,
				20 C.F.R.
				416.120,
				416.212,
				416.2030,
				416.2095,
				416.2096,
				416.2099,
				8
				U.S.C. 1621,
				1641,
				42 U.S.C.
				415(i), 1381-1383
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary under applicable
				state laws to protect, develop, and maintain the health, personal dignity,
				integrity, and sufficiency of the citizens of the Commonwealth and to operate
				the programs and fulfill the responsibilities of the cabinet.
				42 U.S.C.
				1382 authorizes the cabinet to administer a
				state funded program of supplementation to all former recipients of the Aid to
				the Aged, Blind, and Disabled Program as of December 13, 1973, and who were
				disadvantaged by the implementation of the Supplemental Security Income
				Program.
				KRS
				205.245 establishes the mandatory
				supplementation program and the supplementation to other needy persons who are
				aged, blind, or have a disability. In addition, any state that makes
				supplementary payments on or after June 30, 1977, and does not have a
				pass-along agreement in effect with the Commissioner of the Social Security
				Administration, formerly a part of the U.S. Department of Health, Education,
				and Welfare, shall be determined by the commissioner to be ineligible for
				payments under Title XIX of the Social Security Act in accordance with
				20 C.F.R.
				416.2099. This administrative regulation
				establishes the provisions of the supplementation program.
Section 1. Definitions.
(1) "Activities of daily living" is defined
			 by
			 KRS
			 194A.700(1).
(2) "Adult" is defined by
			 KRS
			 209.020(4).
(3) "Aid to the Aged, Blind and Disabled
			 Program" means the former state-funded program for an individual who was aged,
			 blind, or had a disability.
(4)
			 "Care coordinator" means an individual designated by a community integration
			 supplementation applicant or recipient to fulfill responsibilities specified in
			 Section 6(2) of this administrative regulation.
(5) "Department" means the Department for
			 Community Based Services or its designee.
(6) "Full-time living arrangement" means a
			 residential living status that is seven (7) days a week, not part
			 time.
(7) "Instrumental activities
			 of daily living" is defined by
			 KRS
			 194A.700(9).
(8) "Private residence" means a dwelling that
			 meets requirements of Section 4(2)(d) of this administrative
			 regulation.
(9) "Qualified
			 immigrant " means an immigrant who, at the time the person applies for,
			 receives, or attempts to receive state supplementation, meets the U.S.
			 citizenship requirements of
			 907 KAR
			 20:001.
(10) "Qualified mental health professional"
			 is defined by
			 KRS
			 202A.011(12).
(11) "Serious mental illness" or "SMI" means
			 a mental illness or disorder in accordance with Section 6(1) of this
			 administrative regulation.
(12)
			 "Supplemental security income" or "SSI" means a monthly cash payment made
			 pursuant to
			 42 U.S.C.
			 1381 to
			 1383f to
			 the aged, blind, or disabled.