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 129-6-112 - Income exempt from consideration as income and as a cash asset 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), exempted
				income shall be the following:
(a)
			 Grants, scholarships, and loans provided for educational purposes;
(b) the value of benefits provided under the
			 federal supplemental nutrition assistance program;
(c) the value of any food donated by the
			 United States department of agriculture;
(d) benefits received under title V,
			 community services employment program, or title VII, nutrition program for the
			 elderly, of the older Americans act of 1965, as amended by
			 public law
			 109-365;
(e) Indian funds distributed or held in trust
			 by the secretary of the interior, including interest and investment income
			 accrued on these funds while held in trust and initial purchases made with
			 these funds;
(f) distributions to
			 natives under the Alaska native claims settlement act;
(g) payments provided to individual
			 volunteers serving as foster grandparents, senior health aides, and senior
			 companions under title II of the domestic volunteer service act of 1973 as
			 amended by public law
			 106-170;
(h) any payments provided through americorps,
			 except that volunteers in service to America (VISTA) payments shall be exempt
			 only as income;
(i) relocation
			 payments received under public law 91-646;
(j) death benefits from social security
			 administration (SSA), veterans administration (VA), railroad retirement, or
			 other burial insurance policy if the benefits are used toward the cost of
			 burial. This shall include payments occasioned by the death of another person
			 to the extent that the payments have been expended or committed to be expended
			 for purposes of the deceased person's last illness and burial;
(k) money held in trust by the VA for a child
			 that the VA determines shall not be used for subsistence needs;
(l) retroactive corrective assistance
			 payments in the month received or in the following month;
(m) maintenance income directly provided by
			 rehabilitation services of the Kansas department for children and
			 families;
(n) mandatory deductions
			 from military pay for educational purposes while the individual is enlisted in
			 the armed services;
(o)
			 reimbursements for out-of-pocket expenses in the month received and the
			 following month;
(p) proceeds from
			 any bona fide loan requiring repayment;
(q) payments granted to certain United States
			 citizens of Japanese ancestry and resident Japanese aliens under title I of
			 public law 100-383;
(r) payments
			 granted to certain eligible Aleuts under title II of public law
			 100-383;
(s) agent orange
			 settlement payments;
(t) federal
			 major disaster and emergency assistance and comparable disaster assistance
			 provided by state or local government agencies or by disaster-assistance
			 organizations in conjunction with a presidentially declared disaster;
(u) payments granted to the Aroostook band of
			 Micmac Indians under public law 102-171;
(v) payments from the radiation exposure
			 compensation trust fund made by the department of justice;
(w) special federal allowances paid monthly
			 to children of Vietnam veterans who are born with spina bifida, under
			 public law
			 104-204, or other certain birth defects, under
			 public law
			 106-419;
(x) payments made from any fund established
			 pursuant to a class settlement in the case of Susan Walker v. Bayer
			 corporation, except for interest or other investment income earned on the
			 payments;
(y) except for aged,
			 blind, and disabled persons, a onetime payment or a portion of a one-time
			 payment from a cash settlement for the repair or replacement of property or for
			 legal services, medical costs, or other required obligations to a third party,
			 if the payment is expended or committed to be expended for the intended purpose
			 within six months of its receipt;
(z) cash donations that are based on need, do
			 not exceed $300 in any calendar quarter, and are received from one or more
			 private, nonprofit, charitable organizations;
(aa) foster care and adoption support
			 payments;
(bb) the amount of any
			 earned income tax credit received. This credit shall not be regarded as a cash
			 asset in the month of receipt and in the following 12 months;
(cc) for aged, blind and disabled persons, a
			 one-time payment or a portion of a one-time payment from a cash settlement for
			 the repair or replacement of property or for legal services, medical costs, or
			 other required obligations to a third party, if the payment is expended or
			 committed to be expended for the intended purpose within nine months of its
			 receipt. This time period may be extended for good cause;
(dd) for blind and disabled persons, income
			 necessary for fulfillment of a plan to achieve self-support established for a
			 blind or disabled person, as approved by the social security
			 administration;
(ee) any interest
			 earned on excluded burial funds and any appreciation in the value of an
			 excluded burial arrangement that are left to accumulate and become a part of
			 that burial fund, according to K.A.R. 129-6-109;
(ff) housing assistance from federal housing
			 programs operated by state and local subdivisions;
(gg) family subsidy payments provided through
			 the mental health and developmental disabilities commission or family support
			 payments provided through the prevention and protection services
			 commission;
(hh) relocation
			 assistance provided by a state or local government that is comparable to
			 assistance provided under title II of the uniform relocation assistance and
			 real property acquisitions act of 1970, public law 91-646;
(ii) interest on an allowable individual
			 development account (IDA) that meets the requirements of K.A.R.
			 129-6-109(e)(9), including authorized matching contributions and accrued
			 interest. Earnings deposited in an individual development account shall also be
			 exempted for a person who meets the requirements of K.A.R. 129-6-88;
(jj) the portion withheld to repay a prior
			 overpayment received from a program not based on financial need, including
			 certain programs administered by the SSA, VA, and the division of workers
			 compensation or the division of employment security in the Kansas department of
			 labor; and
(kk) payments made
			 pursuant to the Ricky Ray hemophilia relief fund act,
			 public law
			 105-369.