Kansas Administrative Regulations › Agency 129 - KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT-DIVISION OF HEALTH CARE FINANCE › Article 6 - MEDICAL ASSISTANCE PROGRAM-CLIENTS' ELIGIBILITY FOR PARTICIPATION › Section 129-6-113 - Income exempt as applicable income for MAGI-excepted groups

Current through Register Vol. 43, No. 28, July 11, 2024
For those groups specified in
				K.A.R.
				129-6-34(c)(2), the
				following types of income shall be exempt as applicable income in the
				determination of eligibility:
(a)
			 Income-in-kind;
(b) shelter cost
			 participation payments. In shared living arrangements in which two families
			 contribute toward the shelter obligations, cash paid toward the shared shelter
			 obligation by one family to the second family in the shared arrangement shall
			 not be considered as income to the second family. This exemption shall not be
			 applicable in a bona fide, commercial landlord-tenant arrangement;
(c) hostile-fire pay received while in active
			 military service;
(d) payments made
			 pursuant to the crime victims fund,
			 public law
			 103-322, as amended, and by the Kansas crime
			 victims compensation board pursuant to
			 K.S.A.
			 74-7301 et seq., and amendments
			 thereto;
(e) payments received
			 through the senior community service employment program;
(f) payments or allowances made under federal
			 laws for the purpose of providing energy assistance. Home energy assistance
			 furnished on the basis of need by a federally regulated or state-regulated
			 entity whose revenues are primarily derived on a rate-of-return basis, by a
			 private nonprofit organization, by a supplier of home heating oil or gas, or by
			 a municipal utility company that provides home energy shall also be
			 exempted;
(g) income received from
			 the workforce investment act of 1998,
			 public law
			 105-220. However, earnings received by individuals
			 who are participating in on-the-job training programs shall be countable unless
			 the individual is under the age of 19;
(h) the values of any services or monies
			 received for support or transitional services paid directly to the customer
			 through work programs as defined in article 4 of the regulations of the
			 department for children and families;
(i) income of an SSI recipient, including a
			 deemed recipient, and retroactive SSI benefits. This subsection shall not be
			 applicable to any person residing in a long-term institutional arrangement in
			 accordance with K.A.R. 129-6-111(b)(3);
(j) incentive payments received by renal
			 dialysis patients;
(k) irregular,
			 occasional, or unpredictable monetary gifts that do not exceed $50 per month
			 per family group;
(l) tax refunds
			 and rebates, except for earned income tax credits in accordance with K.A.R
			 129-6-112 (bb);
(m) VA aid and
			 attendance and housebound allowances;
(n) VA payments resulting from unusual
			 medical expenses;
(o) up to $2,000
			 per year of income received by an individual Indian that is derived from leases
			 or other uses of an individually owned trust or restricted lands;
(p) lump sum income;
(q) earned income of a child who is under the
			 age of 19 if the child is a student in elementary or secondary school or is
			 working towards attainment of a G.E.D.;
(r) interest and dividend income that does
			 not exceed $50 per month per family group;
(s) child care payments made to persons other
			 than a child care provider;
(t)
			 child support pass-through payments;
(u) payments from any bona fide
			 loan;
(v) the amount of any child
			 support arrearage payment paid for a child under the age of 18;
(w) reparation payments made to holocaust
			 survivors;
(x) vendor payments that
			 are not payable directly to a household but are paid to a third party for a
			 household expense, as follows:
(1) Each
			 payment made in money on behalf of a household shall be considered a vendor
			 payment whenever a person or organization outside of the household uses its own
			 funds to make a direct payment to either the household's creditors or a person
			 or organization providing a service to the household;
(2) each assistance payment financed by state
			 or local funds that is not made directly to the household but is paid to a
			 third party on behalf of the household to pay a household expense shall be
			 considered a vendor payment if the payment is for medical care, child care, or
			 temporary housing assistance;
(3)
			 each assistance vendor payment financed by state or local funds that is made on
			 behalf of migrants in the labor stream pursuant to
			 7 C.F.R.
			 273.9 (c)(1) shall be exempt and not counted
			 as income, regardless of the purpose of the vendor payment;
(4) each payment in money that is not made to
			 a third party, but is made directly to the household, shall be counted as
			 income and shall not be excludable as a vendor payment; and
(5) each payment or other assistance financed
			 by state or local funds that is provided over and above the normal grant or
			 other assistance payment and would not normally be provided in a money payment
			 to the household shall be considered emergency or special assistance and
			 exempted as income if provided directly to a third party for a household
			 expense;