STATE DEPARTMENT OF SOCIAL                                                        State Commissioner’s Letter - 1021  
AND REHABILITATION SERVICES
Economic and Employment
     Support Commission
Docking State Office Building                                                                 September 10, 1999
Topeka, Kansas 66612

TO: Area Directors                                                                                (Code 1)
        Income Maintenance Chiefs
        Employment Preparation Services Chiefs
        Social Service Chiefs

Re: Kansas Economic and Employment Support Manual (KEESM) October 1999

PURPOSE OF LETTER

This letter transmits a new policy manual, the Kansas Economic and Employment Support Manual (KEESM), which incorporates policies and procedures affecting the cash, food stamp, medical, employment services, and child care programs and replaces the Kansas Public Assistance Manual (KPAM), the Kansas Food Stamp Manual (KFSM), and the Kansas Employment Preparation Manual (KEPM). As a result, policies have been consolidated and a number of modifications and clarifications made for consistency and simplication purposes. Included in the new manual is also a change to self-employment policy and the family unit concept applicable to the Medicaid poverty level and HealthWave programs.

BACKGROUND AND REASON FOR CHANGE

With ongoing integration of field staff and job responsibilities at the local level, recommendations have been made over the course of the past year to develop an integrated manual that would cover policies in all programs including cash, food stamps, medical, employment services, and child care. By doing so, staff would have one centralized reference incorporating all policies that might affect a particular family with whom they were working rather than three separate program sources that had been in effect. Work efficiency could also thus be increased as well as more accurate and effective implementation of policy. The KEESM has been organized by subject matter for ease of reference and policies applicable to all programs along with individual program differences clearly outlined. A concerted effort was also made to make policies more consistent and eliminate many technical differences including differing terminology where feasible.

In addition to changes and clarifications made as a result of consolidating policies, two substantive policy changes have also been incorporated. First, in regards to treatment of self-employment income, concerns have been raised as well as a number of appeals filed in regards to the standard 25% income deduction policy for determination of countable self-employment earnings. This standard deduction was implemented January 1, 1999 and substituted for claiming actual income producing costs except for farming situations. However, the new policy has been seen as inequitable for those self-employment businesses where income producing costs far exceed the allowable 25% standard. After further review of the policy and in consultation with the EES Chiefs, a decision was made to allow self-employed clients the option of taking either the standard 25% deduction or claim actual income producing costs based on current guidelines.

Second, the family unit policy implemented in the Medicaid poverty level and HealthWave programs in January has been challenged based on current Medicaid regulations. The family unit policy required that all eligible siblings in the family be included in the determination of financial eligibility along with the parents of those children and other legally responsible persons (including the spouse of the parent, the child’s stepparent). Medicaid regulations prohibit consideration of income from other than a child’s parent and the family unit policy was viewed as not in compliance with those regulations as it considered stepparents as well as grandparents when a minor mother and her child were in the home. As a result of the issues raised concerning this policy, a change has been made to allow the family to decide what children to request assistance for and to disregard the income of a stepparent when assistance is only requested for a stepchild. The determination will then take into account only those children for whom assistance is requested and any legally responsible person for those children.

Other policy changes and changes made to forms are noted below.

CHANGES AND REQUIRED ACTIONS

The KEESM has been organized and formatted as follows:

  1. Section 1000 - Covers all general program administration information including rights and responsibilities, the application process, required verifications, notice requirements, payment information, fair hearings, and confidentiality. This information was previously contained in both section 1000 of KPAM and sections 1000, 2000, and 8100 of KFSM.

  2. Section 2000 - Covers all general eligibility requirements common to all programs and specific program requirements.

  3. Section 3000 - Covers all policies regarding employment-related components and activities including exemptions and penalties. This information was previously contained in section 2190 of KPAM and 3400 of the KFSM.

  4. Section 4000 - Covers assistance planning, household composition and case structure policies. This information was previously contained in sections 3100 and 5600 of KPAM, section 3300 of KFSM, and section 3600 of KEPM.

  5. Section 5000 - Covers all polices regarding consideration of resources including resource exemptions. This information was previously contained in section 3200 and 5400 of KPAM and section 4100 of KFSM.

  6. Section 6000 - Covers all policies regarding consideration of income (other than deductions and budgeting) including income exemptions. This information was previously contained in sections 3400 and 5500 of KPAM and section 4200 of KFSM.

  7. Section 7000 - Covers all income deduction and budgeting rules as well as determination of eligibility. This information was previously contained in sections 3300, 3400, and 5600 of KPAM and sections 6100 and 6200 of KFSM.

  8. Section 8000 - Covers all long term care policies including nursing facility and HCBS rules. This information was previously contained in sections 5700 and 5800 of KPAM.

  9. Section 9000 - Covers policies related to the review process and to reporting responsibilities including monthly reporting and acting on reported changes. This information was previously contained in sections 1100, 1200, and 2100 of KPAM and sections 2200 and 2300 of KFSM.

  10. Section 10000 - Covers policies regarding child care provider and other child care issues including child care payments, complaints, and child care grants. This information was previously contained in section 4000 of KEPM.

  11. Section 11000 - Covers policies and procedures regarding handling of incorrect benefits including administrative disqualification rules and fraud. This information was previously contained in section 1300 of KPAM and sections 7000 and 8200 of KFSM.

Other substantive changes contained in this manual are noted below in section order.

SECTION 1000

  1. KEESM 1322 - Verification Provisions - This section, formerly from the KFSM, has been rewritten and some provisions have been adopted for all programs for simplification reasons. With the new manual, gross non-exempt income and alien status are mandatory verification items for all programs. Identity, formerly only a mandatory verification item for food stamps, has been adopted for the cash assistance programs.

  2. KEESM 1411.1 - How to Apply - Items (1) through (3) of this section have been rewritten for clarification. Questions have been received from staff on exactly how this section applied to reviews, so the wording was clarified to state that if a new program is requested within the month following the month of application, or in the first month of the new review period, neither an application, signature, nor interview is required.

  3. KEESM 1411.2 - Application Date - A small change has been made in this section that affects the Food Stamp Program. For consistency with the other programs, the date an application is received in any county SRS office is considered the date of application for food stamp purposes.

  4. KEESM 1412 - Interview Process - This section has been adopted for cash assistance. Specifically, if the household fails to appear for the first interview, a second interview shall be scheduled by the agency prior to denying the application for failure to show for an interview. Also see KEESM 1414.2 (2).

  5. KEESM 1414 - Disposition of Applications - Section 1414.2, Denial, has been rewritten to simplify the denial process for the Food Stamp Program. Most of the overly cumbersome requirements have been removed where feasible.

  6. KEESM 1420 - Case Disposition - Item 1421, formerly found in the KPAM, has been adopted for the Food Stamp Program. Formerly, suspension for the Food Stamp Program was technically only applicable when there was prospective or retrospective ineligibility that was anticipated to last for only one month. However, staff were pending food stamp eligibility in instances in which information necessary to determine continued eligibility was being obtained. The shortened review period process was rarely, if ever used. For these reasons, (and the fact that we have had a food stamp pending notice, F 712 for some time) this section has been adopted for food stamps, and the shortened review period process has been removed. Also, see KEESM 2552 and Section 9000, item 1 of this letter.

    NOTE: The shortened review period process is still applicable, however, for inter-county transfers. See 9600.

  7. KEESM 1423 - Reinstatement of Assistance - A note has been added indicating that the minimum 2 month penalty for a second failure to cooperate with CSE does not apply to child care.

  8. KEESM 1614.2 - Agency Conferences - The food stamp provision requiring the offer of agency conferences to households wishing to contest (appeal) an adverse agency action has been adopted for all programs for simplification purposes.

SECTION 2000

  1. KEESM 2140 - Citizenship and Alien Status - This section now indicates that citizenship and alien status provisions are not applicable to Social Service child care. Clarification has also been added indicating that only the citizenship and immigration status of the child, who is the primary beneficiary of the child care benefit, is relevant for eligibility purposes.

  2. KEESM 2162 - Good Cause for Failure to Cooperate - This section has been modified to delete references to the SSA 4681 U4. The form is obsolete and CSE is no longer required to report using this form. EES staff are still required to refer good cause determinations to CSE using the narrative line on CHSE.

  3. KEESM 2165.2 - Child Care Non-Cooperation - This section has been re-written to correspond with reinstatement procedures outlined in KEESM 1423. A new application is not required for reinstatement purposes unless the current review period has expired. Benefits shall not be prorated. If CSE cooperation is established after the month following the month of closure, the client will need to reapply. This section has been reworded to indicate that a child care case may be reinstated according to the date cooperation is established rather than the date that CSE notifies the worker of cooperation.

  4. KEESM 2552 - Treatment of Income and Resources and Special Procedures - This section has been amended from the KFSM to delete the requirement for shortening the review period and instead has included revised procedures of pending the food stamp case, requesting needed information and closing if the information is not provided. Also, see Section 9000, item 1 of this letter.

  5. KEESM 2622 - Medical Only for TAF Caretakers (MA CM) - Clarification has been added to this section that the fugitive felon and drug-related conviction provisions of 2182 and 2183 are not applicable to MA CM. In addition, caretakers disqualified for TAF based on the fraud provisions of 11221 can participate in MA CM.

  6. KEESM 2651 - MA AF - This section has been revised to allow coverage of children up to age 19 and remove the requirement that they be working toward obtaining a high school diploma.

  7. KEESM 2833 - SS (Social Service) Child Care - Clarification has been added that citizenship requirements may be waived for SS FS subtype. Clarification has also been added under Foster Care section 2 regarding who pays for services in certain situations. SSI children section 3, has been modified to indicate the CC-1627 is only needed if the family/provider is requesting the special purpose/special needs rate.

  8. KEESM 2834 - IE EM (Employed Income Eligible) Child Care - This section has been expanded to allow for additional hours of child care to be authorized in order to allow the parent to participate in education/training activities along with employment. The client must meet specific criteria outlined in this section in order to be eligible for the additional hours of child care. A Statement of Understanding must be signed by the client and received by the worker prior to approval of education/training child care hours. This new form can be found in the Appendix section.

  9. KEESM 2835 - IE ET (Income Eligible Education and Training) Child Care - This section has been revised to note that this subtype should be used continuously if a teen is employed and plans to return to school after a break. This subtype should also be used if the teen is in school and employed even if child care is only requested for employment hours. Clarification has been added to require passing grades or adequate progress as established by the institution.

  10. KEESM 2840 - Establishing a Waiting List - This section has been revised for consistency. Contact by the parent will be required within 10 days in order to remain on the waiting list, to access child care services once funding is available, or to reapply for child care assistance. Wording has been removed that indicated that areas should estimate future expenditures and reserve funds in order for service to continue as families move from one program to another including intercounty transfer cases. Priority code #3 has been reworded to reflect families no longer eligible for TAF but who are still receiving JO child care while transitioning to employment whose income is at or below 185% of the federal poverty level.

SECTION 3000

  1. KEESM 3110 - TAF Participation Rate Requirements - This section has been modified to indicate that the minimum weekly hours for TAF federal participation increase from 25 to 30 hours per week effective October 1, 1999.

  2. KEESM 3112 - Definition and Special Rules for Two-Parent Families - This section has been modified to indicate that the TAF Federal work participation requirements apply only in situations where both parents of a mutual child (including an unborn) are in the home. Additional clarification has been added regarding participation when one or both parents is a minor.

  3. KEESM 3113 - Component Assignment for Federal Work Participation Purposes (TAF) - This section has been modified to remove the 6 week equivalent limit on specific components that have been defined as Job Readiness Activities for federal reporting purposes. Upon reviewing the final TANF regulations, these Job Readiness Activities are being considered as covered under the Kansas Waiver of the 6 week limit on Job Search Activities.

The specific components that are no longer limited to the equivalent 6 week limit include: Alcohol and Other Drug Assessment and Treatment (AODAT); Employment Counseling/Comprehensive Job Coaching; Job Retention Workshops; Life Skills Workshops; Organized Support Group; and Community Workshops.

This section has also been expanded to include the two new components, No Appropriate Component (NAC), which is discussed in more detail in section 3310.22; and Social Security Applicant (SSA) discussed in more detail in section 3310.27.

  1. KEESM 3210 - All Programs Work Related Exemptions (TAF, RE, and Food Stamps) - This section has been modified to indicate that the exemption for a person who is age 60 or over cannot be claimed by a TAF parent when two parents are in the home and neither parent is prevented from pursuing employment or one parent is exempt for another reason and available and capable of providing care.

  2. KEESM 3310.7 - Disability Employment Services - This section has been clarified to indicate that individuals in the DES component for 0 weekly hours may also remain in the EAP component for 30 hours a week.

  3. KEESM 3310.8 - Employment - This section has been expanded to provide guidance on the need for additional component assignments for self-employed mandatory TAF recipients.

  4. KEESM 3310.18 - Job Development and Placement/Job Retention - Modification was made to this section to clarify that the Job Retention component is not available to FS E&T clients.

  5. KEESM 3310.22 - No Appropriate Component - This new component is being added to assist in monitoring individuals assignments. It is to be used when there is no appropriate component assignment and that decision is documented in the case record.

  6. KEESM 3310.27 - Social Security Applicant - TAF (and Food Stamps in Designated Counties) - This new component is being added to assist in monitoring mandatory individuals who have applied for disability benefits.

  7. KEESM 3310.30(2)) - Welfare-to-Work (WtW) - This section has been modified to incorporate wording from the Technical Amendment to clarify WtW eligibility criteria for non-custodial parents.

  8. KEESM 3400 - Support Services/Component Costs/Employment Services For Work Programs - The Department of Administration’s policy regarding prior authorization for agency purchases exceeding $2,000 has been added to this section.

  9. KEESM 3411 - Transportation - Information has been incorporated into this section to encourage communication between SRS staff and the Coordination Transit Districts.

This section has also been expanded to require case file documentation regarding the mode of transportation the client will utilize to travel to and from employment or employment related activities. Documentation of the back up plan is also to be included in the case file. If a transportation allowance is not issued, documentation to substantiate this action should be included in the case file.

  1. KEESM 3412.1 - Vehicle Purchase - A new section has been written to include minimum standards for vehicle purchase. This section also clarifies that sales tax must be paid on vehicle purchases made in behalf of the client since the vehicle is to be titled in the client’s name.

  2. KEESM 3412.2 - Guidelines for Vehicle Repair - A new section has been written to include guidelines for authorizing payments for vehicle repair.

  3. KEESM 3414 - Education/Job Skills Training/Vocational Education Component Costs - This section has been clarified to indicate that costs for a class from a non-accredited facility or individual would be based on a provider agreement and paid with Contracted Employment funding.

  4. KEESM 3521 - Determination of Failure to Cooperate - This section has been modified to indicate that the agency cannot reduce or terminate TAF assistance for a single custodial parent with a child under age six when the parent demonstrates an inability to obtain child care.

  5. KEESM 3522 - Re-Establishing Eligibility - This section has been expanded to indicate that a Food Stamp applicant will be added back on the case from the application date if the applicant cooperates during the initial 30 day processing time. The individual is added the month following the month of cooperation if the cooperation occurs after the initial 30 day processing time.

  6. KEESM 3530 - Good Cause (TAF and Food Stamps) - This section includes a good cause rule for a single custodial parent demonstrating an inability to obtain child care for a child under 6. An additional rule has also been added for victims of domestic violence.

SECTION 4000

  1. KEESM 4300 and subsections - Assistance Planning for the Medical Programs - The assistance planning rules in the Medicaid poverty level, HealthWave, and MA programs (other than MA CM) has been revised as noted in the Background Section. The plan shall now consist of those persons in the family group for whom assistance is requested and any excluded legally responsible persons for these individuals. In addition, a stepparent shall be excluded from the assistance plan if assistance is requested only for his or her stepchild. The plan for pregnant women remains unchanged consisting of the woman, the unborn child, and the father of the unborn if living together.

With these changes, the client may now include or exclude family group members for assistance purposes. The income and resources (for MA) of those included must be considered and their needs reflected in the applicable income and resource standard along with any excluded legally responsible persons. Eligibility shall still be determined within a single assistance plan for those family group members who qualify under the same category of assistance. This includes families consisting of children who qualify for Medicaid poverty level and HealthWave coverage. Exceptions to this combined determination rule are listed in this section and include SSI recipients, persons in long term care, emancipated minors and 18 year old children, and families where assistance is requested for only stepsiblings.

Three likely family situations impacted by this policy change are families with a stepparent, families with a minor mother where assistance is requested only for the child of the minor mother, and families who wish to exclude a child due to the child’s income or to avoid cooperation with CSE.

The following are examples of these situations as applied in the Medicaid Poverty Level program:

  1. A family consisting of a mother, her child, and a stepfather. The stepfather would now be excluded from the plan and his income no longer counted. Eligibility would be based on the mother and child only with an income standard for two persons.

  2. Same family as (a) but there is a mutual child. The mutual child can now be excluded to avoid consideration of the stepfather’s income. Eligibility would then be based again on just the mother and her child.

If assistance is also requested for the mutual child, the plan would consider all 4 members.

  1. Same family as (a) except the stepfather also has his own child. In this instance, two plans are required, one for the mom and her child and one for the stepfather and his child, each with an income standard of two. This will require two separate cases be established as current system programming would combine all 4 if put on the same case.

  2. Family consists of a mother, father, their child (minor mom), and a grandchild (the minor mom’s child). Assistance can now be requested for the grandchild only and the plan would then consist of only the excluded minor mom and her child and an income standard for two. The mother’s and father’s income would not be considered.

  3. Same family as (d) but assistance is also requested for the minor mom. All 4 family members would be included in the determination and an income standard of 4 used.

  4. Family consists of a mother and 3 children (ages 2, 6, and 12). Assistance is requested for only the 6 and 12 year old as the mother does not wish to cooperate with CSE on the 2 year old. Eligibility would be determined based on a family of 3 (the mom and the other two children) with the 2 year old excluded. If child support was received on the 2 year old, it would not be considered on the plan.

This change shall be implemented on all applications processed on or after October 1, 1999. For ongoing cases, the changes shall be implemented as of the time of the next scheduled review falling on or after October 1, 1999. More detailed instructions regarding implementation of this change will be issued in a separate memo.

SECTION 5000

  1. KEESM 5331 - Home and Surrounding Property - This section has been modified to simplify eligibility as much as possible. A chart will help explain program differences:
Used as a home Exempt for all programs
Intend to return Exempt for all programs
Does not intend to return Exempt for 12 months for all programs except MS/AC & MS/HC outside the home. Exempt for 3 months for MS/AC and MS/HC outside the home.
Making a bona fide effort to liquidate Exempt for all programs
  1. KEESM 5336 - Vehicle Maintenance - Both real and personal property directly related to the maintenance or use of a vehicle that is used for producing income or transporting a disabled household member is now exempt for all programs.

  2. KEESM 5430 - Exempt Personal Property - For food stamps, funeral agreements and trusts as specified in K.S.A. 16-303 set up for payment of basic funeral services in an amount up to $3,500 are exempt. This agrees with policies for the cash and medical programs.

In addition, proceeds from the sale of a home are now exempt in the food stamp, cash, and MA programs if conserved for the purchase of a new home and the funds are expended or committed to be expended within 3 months of the sale rather than the month following the month of sale. This policy had previously applied only to the MS, QMB, LMB, and QWD programs. For food stamps, cash and other medical programs, this exemption is expanded from two months to three months.

  1. KEESM 5430(14) - Pension Plans - This section has been modified to indicate that the cash value of pension plans is exempt for all programs.

  2. KEESM 5600 and subsections - Trust Funds - The food stamp provisions regarding funds in or transferred to a trust and the income produced by the trust have been adopted for the cash programs.

SECTION 6000

  1. KEESM 6213 - Intermittent Earned Income and KEESM 6314 - Intermittent Unearned Income - These sections have been revised for program simplification purposes. Intermittent earned and unearned income is to be considered and averaged for all programs.

  2. KEESM 6220(9) - Gambling Winnings - This section has been revised for program simplification purposes. For all programs, the gross amount of all winnings from bingo, lotteries, racetracks, etc. is countable as unearned income in the month received.

  3. KEESM 6310 - Income Exempt as Income and a Resource - The following policy changes have been made:
  1. Exemptions for disaster assistance payments for cash and medical assistance now parallel the exemption for food stamps.

  2. Payments made to Holocaust survivors are exempt for cash, Medicaid Poverty Level and HealthWave programs to match the exemptions for FS, MS, QMB, LMB, and QWD.

  3. Payments to certain U.S. citizens of Japanese ancestry and resident Japanese aliens are exempt for cash and medical programs to parallel the exemption for FS.

  4. As a step toward program simplification, Excess CSE Unreimbursed Assistance (URA) payments made to clients with open TAF cases are exempt as a lump sum payment.
  1. KEESM 6313 - Self-Employment - For cash and medical assistance, payments from roomers and boarders are to be treated as though they were self-employment earnings. This treatment parallels the Food Stamp Program rules.

  2. KEESM 6316 - Wages Withheld/Salary Advances - For cash and medical assistance, wages held by the employer shall not be counted. This change for cash and medical assistance was made to parallel treatment of those wages for food stamps.

  3. KEESM 6410 - Income Exempt as Income and Income Exempt as Income and a Resource - This section combines several sections from the KPAM and the KFSM. The list of exempt income sources has been alphabetized and treatment of resources derived from that income are listed with each income type.

  4. KEESM 6410(12) - Crime Victims Fund - For program simplification purposes, this section has been modified to indicate that payments from any Crime Victims Funds are exempt as income in the month received.

  5. KEESM 6410(57) - Trust for a VA Child - For program simplification purposes, trusts held by VA and determined by VA as unavailable for subsistence needs of a child are exempt for all programs.

SECTION 7000

  1. KEESM 7131 - Intermittent Income - This section has been modified to indicate that intermittent income is counted from the date of receipt and is budgeted for the period of time that it is intended. An example has been added to the manual.

    This modification is in response to suggestions from the Rules and Regulations WorkGroup.

  2. KEESM 7132 and subsections - Self-Employment - The policy regarding averaging for self-employment cases and determination of countable earnings has been changed.

First, in conjunction with the change in policy to allow for deduction of actual income producing costs for self-employment individuals as described below, this section has been revised to streamline the process of determining an average for self-employment earnings. An average shall now be obtained based on the most recent year’s income tax return information, thus establishing a 12 month average. Where a return has not been filed or does not contain a full year’s earnings, an average can be established based on at least 3 calendar months of representative earnings. A tax return with less than a full year’s earnings can also be used for this purpose based on the number of months reflected if those earnings appear to be representative.

The remaining policies regarding income averaging have not been changed.

Second, persons who disagree with the standard 25% deduction will now be allowed to claim actual income producing costs in place of the deduction. Such costs can be determined from the tax return used to determine the income average as noted above through applicable schedules and forms such as Schedule C or F.

This section has also been revised to note that gross self-employed earnings include the amount of any capital gains from business-related property but excludes the amount of cost of goods sold.

The changes in income averaging and the income producing cost deduction shall take effect on all current self-employment cases not later than the next scheduled review. A separate implementation memo will be issued with more detailed instructions about the new policies.

  1. KEESM 7530 - Financial Eligibility Specific to Medical Programs - This section is being clarified that any portion of a bill paid for by a publicly funded program that is not used to meet a spenddown would not be allowable as a due and owing expense in subsequent base periods.

SECTION 8000

  1. KEESM 8172 - Eligibility for Persons in Medicaid - Approved Institutions - Item (3) of this section has been revised to provide new instructions on information that must be incorporated on the LOTC screen in KAECSES.

SECTION 9000

  1. KEESM 9000 - Reporting Changes - Provisions from the KFSM regarding shortening of review periods formerly found in KFSM 2204, have not been included in the KEESM due to the adoption of the cash pending provisions. Also, see item 5, Section 1000 and item 3 in Section 2000 of this letter.

  2. KEESM 9212.2 - Verification for Monthly Reporting Households - The Area option for uniform verification requirements has been deleted from KEESM.

  3. KEESM 9216 - Reinstatement of Assistance - Cash assistance has adopted food stamp policy regarding time frames for approving benefits when a late Monthly Report Form is received by the agency.

  4. KEESM 9311.1 - Processing a Change - Acting on a change within 10 days after the change is reported has been adopted for cash programs along with food stamps.

Policy has also been changed to require verification within 10 days of the date of agency request. Previous policy stated 10 days from date of report.

  1. KEESM 9312 - Action Effecting a Child Care Family Share Amount and/or Authorized Hours - Clarification has been added to indicate when a change is reported that will increase the family share 2 levels or more, the family share shall be recalculated with the change effective the month following the month of report, allowing for timely notice. When a change in household size is reported that effects the family share or a change in income that will decrease the family share, the change shall be acted upon when reported.

  2. KEESM 9600 - Transfer of Assistance - Clarification has been added to reflect that KAECSES and KsCares cases are considered one case for the purpose of case transfer. All existing paper files should be transferred to the new county at the time of the case transfer. If child care plans are involved, EES staff from the old county shall be responsible to contact the provider and authorize the final month’s scheduled hours on the child care plans and send appropriate notice to the provider. Since child care services are paid the month after the month of services, a local time sheet will need to be sent for the final month of care indicating a return address of the new county of residence to enable it to be paid promptly by the new county.

  3. KEESM 9732 - Interview - A change in the definition of a timely interview for cash cases is incorporated into this section. The timely interview provision for food stamps was adopted for cash and simplified. In order to be considered timely, the interview must be conducted by the 15th day of the last month of the review period.

SECTION 10000

  1. KEESM 10031.2, 10032.1 and 10034.2 - Regulated Provider Responsibilities, Nonregulated Legally Exempt Provider Responsibilities, and In-Home Provider Responsibilities - Clarification has been included to reflect that providers are to keep attendance records for 3 years.

  2. KEESM 10230 - Notices of Intent to Assess a Civil Fine - This section has been revised to indicate a maximum fine of $500 per violation.

SECTION 11000

  1. KEESM 11221 - Disqualification Penalties for TAF, GA and Food Stamps - Item (3) of this section has been amended from that found currently in the KPAM in regard to the 10 year disqualification for simultaneous receipt of benefits. The new manual corrects this provision to state that for cash programs, an individual can only be disqualified for 10 years if the individual is convicted in a Federal or State court. An Administrative Disqualification Hearing for simultaneous receipt in two or more states can only result in a 12 or 24 months or permanent disqualification, depending on the occurrence. This section has also been written to highlight the differences between the cash and food stamp programs in regard to this policy. (These differences are a result of PRWORA, and cannot be changed.)

FORMS SECTION

This section has been developed to delete outdated forms and to include updated forms including those used by Administrative Hearings and for the Repatriation Program. In addition, many locally duplicated forms were re-typed and updated to include current terminology. Additional specific changes include:

  1. The Statement of Understanding Employed Income Eligible Child Care Assistance, ES-1640 (10-99), has been developed in accordance with new policy.

  2. The Certification of Need for Hospital Tuberculosis Treatment form, ES 3100.3 (10-99) has been retyped and slightly revised.

  4. The Disability Consultation/Representation Referral - Kansas Legal Services form ES-3122 (Rev. 10-99) has been revised to include a statement of request for services in applying for Social Security or SSI disability benefits. This statement was added at the request of Kansas Legal Services for clarification purposes.

  5. Form IM-3160 (Rev. 10-99) has been revised to better obtain information on whether a CARE assessment has been done as well as follow for a referral to receive such an assessment. In addition, a box indicating whether the consumer has been added to a waiting list has been incorporated.

  6. The Cooperative Work Site Agreement, EP-4104 (Rev. 10-99), is revised to include the phrase "Party of the First Part" which was inadvertently left out of the 7-98 version.

  7. The Assessment Guide, ES-4307 (10-99), is being re-named and modified based upon comments from field staff.

  8. The Assessment Protocol, ES-4307.1 (10-99), is being modified based upon field comments.

  9. The Assessment Referral/Report, ES-4308 (10-99), is being modified to remove instructions regarding the initial billing of assessments to the medical card. Other suggested changes are also being incorporated.

  10. The Employment Assessment Process Form, ES-4309 (10-99), is being modified to better identify the goals of the client and to be more user friendly.

  11. The ABAWD Eligibility Tracking Form, ES-4312 (10-99), has been added. This is a new form developed to aid staff in tracking the eligibility periods for ABAWD’s. An ABAWD tracking guide is on the back of the form. This form was developed by field staff.

  12. A "Statement of Understanding for Vehicle Purchase", ES-4313 (10-99), is included as part of the minimum standards for vehicle purchase. A Statement of Understanding signed by the client is to be maintained in the case file when a vehicle is purchased to meet the individual’s transportation needs for employment.

  13. A "Supervisor Checklist for Vehicle Purchase", ES-4314 (10-99), has been created to assure the minimum standards for vehicle purchase have been met prior to authorization of a vehicle purchase.

  14. The EES & RS Referral/Communication Form, ES-4315 (10-99), replaces the PA-3120.2 and is a turnaround document for communication and referral between EES and RS.

  15. The Registered Home Approval Checklist Form, CC-1605, is now obsolete and has been removed. The form duplicated current KDHE requirements.

  16. The Department of Administration’s Prior Authorization Form, (Rev. 8-96), has been added and is to be used in requesting prior authorization for agency purchases of $2,000 or more when required.

  17. The Authorization for Electronic Deposit of Vender payment Form, DA-130, used for child care providers has been added to the manual.

APPENDIX SECTION

This section has been developed to delete outdated items and to include revised and updated forms and guidelines and to add a number of new items. Information on immigrant status that was previously contained in the Kansas Food Stamp Manual has been included. In addition SS-5 instructions previously contained in section 4000 of the Kansas Public Assistance Manual have also been included. Some EBT policies were incorporated into Section1000, and the remainder, mostly procedures, have been placed into an EBT System Guide in the Appendix. Many items in the Appendix were re-typed and updated with current information and terminology. Other changes to forms are noted as follows:

  1. The Policy Statement on Discipline has been revised to add a signature line for parents using In-Home or Out of Home Relative care.

  2. The Abbreviations and Acronyms document has been added to the Appendix to assist staff with the numerous abbreviations and acronyms used by SRS. This document was prepared by the EES Commission program training staff.

  3. The Definitions of Common Terms document was originally part of the Child Care Manual. It has been amended and expanded for the KEESM to contain definitions common to all EES programs.

  4. The Medically Necessary Items document has been added and provides guidelines for applicability of medical expenses as a food stamp or medical spenddown deduction. Rules for allowances of such expenses have been made consistent between the two programs with limited exceptions. This material had also been contained in the Kansas Medical Services Manual and Section 4205.3 of the KFSM.

  5. The Components to Meet Work Requirement/Participation form has been updated.

  6. The Facts on Working Women - Hiring Someone to Work in Your Home information sheet for clients using In-Home child care has been added to the manual.

  7. Revisions to the User Instructions - SSA 40 Qualifying Quarters of Coverage have been incorporated based on recent instructions received from SSA.

  8. Revised Food Stamp Program Standards (formerly Exhibit B Supplement) and Food Stamp Program Benefit Tables have been included to reflect the 10/99 annual adjustments to the maximum allotments and gross and net income limits. (These changes were processed in KAECSES with the rollover in August. Mass change notices were sent to households with benefit changes.)

EFFECTIVE DATE

The changes contained in this letter and manual material take effect October 1, 1999 and shall be applied to all applications received or processed on or after that date. The changes shall also be applied to ongoing cases at the time of the next review or cash change involving the affected policy unless otherwise indicated. Also refer to the Implementation Memo for more detailed instructions on specific policy changes contained in this manual revision.

EFFECT ON LOCAL STAFF

The combined manual is expected to increase the effectiveness and efficiency of field staff work as it provides a central source of policy in all programs and thus supports integration efforts now occurring. A number of policies have been streamlined and made more consistent between programs for simplification purposes. Most changes noted in this letter are a part of that simplification effort.

Two changes, however, will have a greater impact on staff. The changes in assistance planning rules for the Medicaid poverty level and HealthWave programs will increase the complexity of the decision making process for eligibility purposes. Because of the mail-in process applicable in both programs, increased contact with certain families may result in order to determine the appropriate family composition for eligibility purposes. Staff will be required to make changes to current cases as they come up for review over the next 12 months as well as review previously denied or closed cases affected by the new rules. Additional training on the changes will also be required prior to October.

The changes regarding self-employment income will have a moderate impact on staff as additional work in computing countable self-employment earnings will be required for those consumers who disagree with the 25% deduction. The process for averaging and deduction of income producing costs was streamlined to the extent possible with greater reliance on tax information but will still require additional effort to compute.

COORDINATING EFFORTS

The material in this letter has been coordinated with staff in the Legal Division, Adult and Medical Services Commission, Economic and Employment Support Commission and the EES Chiefs.

Sincerely,

Candy Shively, Commissioner
Economic and Employment Support Commission

CS:PJ:DP:jmm

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