M E M O R A N D U M

TO: EES Program Administrators

FROM: Jaime Rogers

DATE: 12/22/14

SUBJECT: Implementation Instructions - KEESM Revision #70

This memo provides implementation instructions and information for the following January 1, 2015 policy changes in the Kansas Economic and Employment Services Manual (KEESM).

Successful Families and Child Care

TANF and Child Care: 

1. Penalties and Protective Payees – See Summary of Change Section I I, A, 1, and KEESM sections 1515 and 11221.2.
   
   KEESM sections 11221.2, TANF and Child Care Penalties, and 1515, Protective Payees, are being revised allowing for children in a TANF and child care household to continue receiving benefits when living in a household where the adult(s) have been determined to have committed fraud.  While the children may be eligible for TANF or child care, the adult is not to have access to these benefits. In situations of fraud, a protective payee is to be named.  Only the protective payee may have access to and authorize TANF and/or child care benefits on behalf of the children. 

   Example 1:

   Jane is receiving child care benefits for her 2 children.  Jane failed to report she lost her employment.  Jane continued to access child care benefits even though she was not working or looking for work.  She and her provider split the proceeds from the child care benefit.  Jane was found guilty of committing fraud by the Administrative Hearings agency.  Her child care case is closed and notice C917 is mailed.

   
   Having no income, Jane applies for TANF.  Even though Jane is not eligible to receive TANF for herself, her children may receive TANF.   Jane is coded DI on SEPA.  Access to EBTEdge is restricted so Jane is not able to access her cash benefit.  (see the EES EBT Alternate Payee Management)   Jane is required to assign a protective payee to administer her TANF benefits.  If Jane is unable to name a suitable payee, the agency will assist Jane in naming a payee.  Send V018 and for assignment of a payee and A118 (or the P3 and attachment) for the TANF approval.

   
   Two months later, Jane finds employment.  Because Jane is coded DI, her total income is counted in determining her eligibility.  Jane’s income exceeds the budgetary standard.  Jane is not eligible for the Work Incentive Payment and her TANF closes.  Jane requests child care for the children.  Because of the previous fraud finding, Jane must assign a protective payee to administer her child care benefits.  Send V018 and V019 (or the P3 and attachment).  The payee may not be the child care provider, or anyone in the providers’ home.

2. Verification Provisions – See Summary of Change Sections I, A, 1, and I I, A, 2. Also see KEESM sections 1322.1 (5), 1322.1 (14), 1322.1 (11) and 2145.
   
   
   • KEESM sections 1322 Verification Provisions and 2145 Documentation of Citizenship are being modified to reflect changes in verification requirements for Child Care and TANF.
     
     
   • Effective with all application processed on or after 1-1-15, verification of citizenship is required for all persons for whom assistance is requested. The process for documentation of this verification will be similar to that for medical assistance in that agency staff must make every effort to verify citizenship through available resources. However, staff may request verification from the applicant during the application process. Documentation of how citizenship was verified must be kept in the case file, but it is not necessary to use the form ES-3850 that is required by medical assistance.
     
     The agency will consider citizenship to have been verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care/TANF file.
     
     If the agency is unable to verify citizenship, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period.
     
     For ongoing cases, verification of citizenship will be completed at the time of the next case change or review, whichever comes first, again allowing the reasonable opportunity period for individuals to provide that verification if the agency is unable to verify through available resources.
     
     
   • Also effective with all applications processed on or after 1-1-15, verification of identity is required for the person making application for child care. For ongoing cases, if not previously verified, verification of identity for the applicant will be obtained at the next case change or review, whichever comes first.
     
     
   • For child care only, effective with all applications processed on or after 1-1-15, documentation of the date of birth is required for each child for whom child care assistance is requested. As with citizenship, agency staff will make every effort to verify a child’s date of birth through available resources. Documentation of how a child’s date of birth was verified must be kept in the case file.
     
     The agency will consider a child’s date of birth to have been verified if a system code indicates that it has been verified by the Medicaid agency, and the agency will document that in the child care file.
     
     If the agency is unable to verify a child’s date of birth, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period.
     
     For ongoing cases, verification of the date of birth for each child will be completed at the time of the next case change or review, whichever comes first, again allowing the reasonable opportunity period for individuals to provide that verification if the agency is unable to verify through available resources.