2120 Cooperation - The client must cooperate with all program requirements. In addition, the client (including for cash and medical purposes, an ineligible caretaker) shall cooperate with the agency in the establishment of eligibility including providing necessary information, reporting changes, as required, cooperating in the application process, cooperating in quality assurance reviews, and, for cash and medical purposes, cooperating in obtaining resources.

 

2121 Supplying Information - The client (or ineligible caretaker) shall supply information essential to the establishment of eligibility; give written permission on prescribed forms for release of information regarding resources when needed; and report changes in circumstances in accordance with 9121 or 9122 as appropriate. In addition, The Work Readiness Screening is a condition of eligibility for TAF assistanceand needs to be completed for every adult who is eligible for TAF Assistance and receives a TAF benefit for themself. The completed Work Readiness Screening (Appendix , Item E-15) must be reviewed with the customer prior to TAF approval. Also see also Section 3130.

 

Failure to provide information necessary to determine eligibility shall result in ineligibility. However, the agency may not terminate or deny assistance solely because the client or caretaker refuses to cooperate with or consent to a home visit. A case which has been closed for failure to provide information is to be reinstated when the required information is provided by the end of the month following the effective date of closure and all other eligibility requirements are met. Refer to 1423.

 

2122 Application and Review Process - To determine eligibility, the application form must be completed and signed, if applicable, a face-to-face interview conducted per 1412.1, and certain information on the application must be verified. If denied or terminated for refusal to cooperate, the client may reapply but shall not be determined eligible until he or she cooperates.

 

The client shall also be determined ineligible if he or she refuses to cooperate in any subsequent review of its eligibility, including reviews generated by reported changes and recertification. For medical, the formal review requirement does not apply to pregnant women and children under the age of 1 who have continuous eligibility under the Medicaid program or are eligible under the SI program.

 

2123 Cooperation with Quality Assurance (Not Applicable to the Medical Program) - The client must cooperate in any Quality Assurance review. Failure to cooperate renders the household ineligible for food assistance, child care benefits and the entire assistance plan ineligible for TAF. However, current eligibility is affected only when the program reviewed: 1) is the same as the assistance currently being provided or applied for (e.g., TAF reviewed and there is current receipt of TAF), or 2) affects eligibility for the current program (e.g., TAF reviewed and eligibility affects the 3 to 6 months receipt of TAF requirement for current TransMed eligibility). If assistance is terminated for refusal to cooperate, a new application may be filed but shall not be determined eligible until cooperation with the quality assurance review occurs. The case can also be reinstated with no proration of benefits, if the household cooperates in the month following the month of closure. See 1423.

 

2123.1 Specific Provisions for Food Assistance - For food assistance, both the state and federal quality assurance annual review period ends on September 30 of each year.


  1. Refusal to Cooperate with State Quality Control - If a household, terminated for refusal to cooperate with a state quality control review, reapplies after 125 days from the end of the annual review period (February 3 or later of the following year), the household shall not be determined ineligible for its refusal to cooperate with state quality control, but must provide verification in accordance with 1322.1 (7).

  2. Refusal to Cooperate with Federal Quality Control - If a household, terminated for refusal to cooperate with federal quality control, reapplies after nine months from the end of the annual review period (July 1 or later of the following year), the household shall not be determined ineligible for its refusal to cooperate with a federal quality control review, but must provide verification in accordance with 1322.1 (7).

 

If a household member who refuses to cooperate with federal or state quality control leaves the household, the penalty must follow the person who refused to cooperate. Refer to 4212.1(6).


2124 Potential Resources (Not Applicable to the Food Assistance and Child Care Programs) - " See Policy Memo #99-10-03 re: "Potential Resources for TAF, GA, and Medical ".

 

Potential Resources (Not Applicable to the Food Assistance and Child Care Programs) - For cash and medical purposes, a client shall cooperate with the agency to obtain potential resources. The client is required to take action to:

 

  1. obtain any resources due such client with respect to whom assistance is claimed; and
     

  2. obtain any income due such client with respect to whom assistance is claimed, except for MA CM; and
     

  3. identify and provide information to assist the agency in pursuing any third party who may be liable to pay for medical services under the medical programs.

 

2124.1 Requirements - The client is required to take any necessary action to acquire potential resources. In many instances, legal action may be necessary. In general, any source must considered. It is the responsibility of the client to demonstrate all required actions have been taken to make the resource available. The special situations listed below are applicable:
 

  1. The client must cooperate with the Medical Subrogation Unit as well as cooperate with the requirements of the Health Insurance Premium Payment System (HIPPS) including enrollment in the employer health insurance plan if cost effective. (See 2912.)
     

  2. A pregnant woman is not required to pursue unemployment compensation (UC) for medical programs. For TAF, she is not required to pursue and cooperate with UC in the third trimester of pregnancy. In either situation cooperation is required when the postpartum period as defined in KFMAM expires.
     

  3. Persons may not be rendered ineligible for failure to apply for or receive SSI benefits unless qualifying for TAF or GA per 2181.
     

  4. Medical assistance recipients who are or have been married are expected to fully pursue any spousal elective share rights when the current or former spouse dies. Under Kansas law, a spouse is entitled to a portion of the augmented estate (generally any estate less the homestead). If all resources do not properly pass onto the surviving spouse at the time death, the surviving spouse may file a probate claim to obtain the allowed spousal share. Failure to pursue any spousal elective share rights shall result in ineligibility. Legal staff in the Estate Recovery Unit (ERU) are available to assist with technical details regarding potential actions. All cases involving potential spousal elective share issues shall be referred to ERU. When spousal rights have been forfeited a transfer of property penalty may be applied (see 5722).

 

2124.2 Failure to Comply - Failure to meet these requirements without good cause shall:
 

  1. For cash assistance, render the mandatory filing unit of which the potential beneficiary of the resource is a member ineligible for assistance; or
     

  2. For medical assistance, render the client ineligible for assistance. However, minor children will not be impacted by a caretaker's failure to meet these requirements on behalf of himself or the minor.

 

If the client is cooperating in obtaining the identified potential resource, assistance shall continue.