STATE
DEPARTMENT OF SOCIAL
REHABILITATION SERVICES
Integrated Services Delivery
Docking State Office Building
Room 681 - West
Topeka, Kansas 66612
May 1, 2005
|
Regional Directors
Assistant Regional Directors
Economic and Employment Support Program Administrators
Economic and Employment Support Staff
Other Staff
|
RE: |
Summary
of Changes for Kansas Economic and Employment Support
Manual (KEESM) Revision No. 22 effective May
1, 2005 |
PURPOSE, BACKGROUND, and REASON FOR CHANGE
The purpose of this document is to transmit Revision No. 22 of the Kansas
Economic and Employment Support Manual effective May 1, 2005.
Child Care and Medical Assistance - New poverty level
guidelines have been published by the Department of Health and Human
Services. These
guidelines affect the eligibility standards in the Child Care, MP,
QMB, LMB and QWD programs as well as increase the minimum community
spouse income allowance under the spousal impoverishment provisions.
Child Care - The method of payment for Child Care
cases will be converted provider payment through from time
sheets and checks to the Vision card (client benefit issuance) system
later this year.
The pilot of this system will begin in June in Wyandotte county and
the 21 counties of the former Hays Area. It is planned that the rest
of the state will be converted to this new payment system beginning
in September. Policy will be issued via an implementation memo at
a later date. To support this change, a number of forms are
being updated in advance and are included in this revision.
Food Assistance - The state adopted the
ABAWD Labor Surplus Area provisions last year. This revision updates those counties that
are exempt from the ABAWD provisions based on new information from
the US Department of Labor.
Food Assistance and Child Care - A change is being
made in the way Child Support income is counted in Food Stamps and Child
Care. Child Support shall now be averaged based
on the support received in the prior three months, with certain
exceptions. This change is permitted in
Food
Stamp regulations and is also being adopted
for Child Care to keep the programs similar. It is not applicable
to TAF because
once a TAF case is approved, all support is assigned. The change has
been approved by the EES Program Administrators to help simplify the
calculation of Child Support and to help enhance payment accuracy
for QC purposes.
Successful Families - There are two major
changes in Work Support programs. The first changes when a KsCares case
is to be opened
or closed for extended services when TAF itself closes. This
in effect will reduce the number of open extended service cases.
The second change links the FS Employment & Training
program policy more closely to the TAF employment
program policy. Only one region has FS E & T
and that region suggested these changes. Both of these changes
were approved by the EES Program Administrators and EES Central
Office.
- MULTIPLE PROGRAMS
- CHANGES
- Poverty Level Changes - New
federal poverty level guidelines have
been published
by the
Department of Health and Human Services that
will
reflect approximately a 2.8% increase from last year
for a single individual. These guidelines affect the eligibility standards
in the
Child Care, Medicaid Poverty Level, HealthWave, QMB, LMB, and QWD
programs as well as increases the minimum community spouse income
allowance under the spousal impoverishment provisions. The increases
will take effect May 1, 2005 and separate instructions will be issued
to the field regarding implementation of these standards.
- Averaging Child Support Income and
Counting Child Support Arrearage Payments - A
new Section 7124 is being added regarding
the budgeting of child support income for
purposes
of the Food Ftamp and Child Care programs. Effective May 1, 2005 child
support income will be calculated by using a three-month average (no
conversion) to determine a monthly amount to budget unless there has
been a change in circumstances which is expected to continue or
the court ordered payments are less frequent than monthly and are
intended to cover a certain period of time (i.e., intermittent income).
This revision also implements a change in the treatment of child
support arrearage payments received by the household. With this revision,
child support arrearage
payments either received or anticipated to be received will be included as income.
The only arrearage payments that are exempt are those that meet the criteria
of a lump sum in Section 6410 (35).
The following
rules will be used to calculate child support
income:
- Child
support income received
in the last
three full calendar
months
prior to the month the
budget is being created
to be used
for the child support
average. Child support
income received weekly
or biweekly will not
be converted.
The actual monthly amounts
of support
received per absent
parent are averaged.
For example, an application
is filed in August and
is being
processed
in August. The amount
of child support to budget
would be
determined by averaging child support received
in the months of May,
June and July.
NOTE: Child
support
income
received
during
the application
month is
determined
as described
above.
In other
words,
the average
amount
of child
support
will
be used
to
determine
benefits for the
application
month,
not the
amount
of actual
child support
received
or expected
to be
received
in the
application
month.
- If receipt of child
support is just beginning,
or when the
household reports
a
change in child support
that
is expected
to continue, the child support income will
be projected based on
verified
information and not averaged. When projecting
child support income,
follow the
rules of 7110. If
the child support is received weekly or
biweekly,
then monthly income must be
converted
up to
the amount of the court order.
- This projected
amount can continue
to be budgeted until
the next IR, review or
reported
change
in
child support income.
If
no changes are reported
at the
time of the next IR or
review, the child support
will
then
be averaged (provided
there are three full
months of child support
to average).
NOTE: If the client
sometimes receives child
support and sometimes
does not, this is considered
fluctuating income and
is not treated as an
ongoing change. The three-month
average should continue.
- If child support payments
are ordered to be less
frequent than monthly
(for example, every six
months or yearly for
a self-employed person),
the child support is
considered intermittent
income per Section 7121 and the support is averaged
over the period of time
the payment is intended
to cover.
- Child support income
must be calculated
at initial application, when processing an
interim report, at
review,
and when processing a change in child
support income that is expected to continue.
These changes should result in easier budgeting
of child support income
for staff. It is important to note that
this method does not incorporate
representative income - child
support is averaged as noted
above (either 3 month average or intermittent
average) or projected if it cannot
be averaged. More information
on
the implementation of this change will be
provided in the Implementation Memo.
In addition, training
(in the form of a training packet) will
be provided to assist
staff with learning this new
method of budgeting child support income.
Sections 6220(4)(e) and 6410(10) are also
being modified with these above changes.
References to child support rebate payments
are also being removed since it has been
several years since they have been paid.
- Legal Impediment - Additional
instructions regarding establishment of legal
availability of resources and legal impediment
are being
added to Section 5200 (3). The
revised material provides a definition of a legal impediment
as well as steps an applicant or recipient is
expected to follow when an impediment is claimed. This material
was previously presented to regional staff in the fall, 2004
and is now
being incorporated into the manual.
- Throughout the manual, references to “Area” and “EES
Chief” are being changed to “Region” or “Regional” and “EES
Program Administrator”.
- CLARIFICATIONS
- Documentation of Legal Status - The
manual is being clarified to state that only applicants
and recipients who are identified
as non-citizens on their application shall
be required to document and verify their
non-citizens status. Previously this sentence stated that clients who
are identified as non-citizens shall be required to document and verify
status. Because the term "client" was
too vague, the wording is being changed to specifically apply to applicants and recipients. For example,
we would not require a parent who states he or she is not legal, to
verify and document his or her status since that person is not an
applicant or recipient. (We would have to verify the parent’s
income if they had any, but we could not require them to document
and verify their illegal status.) Section 2146 is
being modified to incorporate this clarification. In addition, cross
references have
been corrected in this section.
- Vehicle Exemptions - Section
5510 is
being clarified for the Food Stamp
and cash programs to include campers and trailers
as exempt motor
vehicles.
- Wages Withheld/Salary Advances - There
has been confusion over the policies
contained in Section 6316 . This
section is being re-written to clarify the
definition of "wages withheld." These
are wages that are due to an employee but
are not paid to the employee when normally
scheduled. An example is now included
in the manual. Basically,
salary
advances that cannot be anticipated are exempt. Repayments of
salary advances are not deducted from gross income.
- Intercounty Transfers - A change is being
made to Section 9222 (re: the receiving county’s
responsibility in an intercounty transfer)
removing a reference to monthly report forms and inserting a reference
to Interim Report forms.
- Reviews - Household Failure to Act
- For the Food Stamp
and cash programs, a sentence
has been added to clarify
that when a review has been denied for
failure
to appear for an interview or submit required verification, the household
is required to complete a new application if benefits
are subsequently requested after the end of the review
period. Benefits are prorated in accordance with Section 7401.
This means that a review form returned after the review period has
ended can
be considered a new application, however,
for purposes of the Food Stamp Program, benefits must be prorated.
Section 9350 is being modified accordingly.
- Exempt Income - Section
6410(55)
is being modified to remove the reference
to consideration of an SSI recipient’s
voluntary contribution toward household expenses.
In addition, Section 4120 (4)
is being removed as this section provided guidance
on how to
consider the contribution. During discussions
of the proposed change in 6410 (55),
it was determined that 4120 (4)
was no longer pertinent as the cash benefit
is already impacted through
the shared living standard for TAF and pro rata
standard for GA and should not additionally
be reduced by a contribution to household expenses.
Section 4120(5)
is being renumbered as 4120 (4). A
clarification is also being added
in Section
6410 (63) that
work program payments paid
directly to the client which are exempt
as income are those defined in Section 3400.
- Proration of Benefits
- A
clarification is being added in Section 7401 (1)
related to the effective date of proration.
In
those situations
where a new household member enters the household in the month following
the month of application but prior to application approval, benefits
will be provided from the first day of the month the
household member enter the home.
- ADULT PROTECTIVE SERVICES
- CHANGES
- Definitions - In Section 12150, - "Potential
Risk" as
a finding in investigations is being deleted.
There are now only two findings regarding
abuse, neglect, exploitation or fiduciary
abuse: Unconfirmed and Confirmed. Corrective
Action Plans are still in effect. The Notice
of Agency Decision - ES
1008 was
changed to reflect the change.
- Destruction of Records - In
Section
12162,
a new requirement to retain
all confirmed cases is being
added. The
term, "screener" was
substituted for "APS
Supervisor" as PRC staff are now doing intakes
and screenings.
- Reports Involving Youth 18
Years of Age and Older
in Custody of SRS and
In an Out of Home Placement
- A new
Section 12201 is
being added that instructs
CFS to screen out reports of abuse
or neglect
for children 18 and older who are
in SRS custody. Instructions are
also included on steps that APS
staff must take on these reports.
- Legal Base - K.S.A.
39-1432 had previously been inadvertently
omitted from the
list of authorizing
statutes for APS. Section 12110 is
being corrected with this reference.
- Statutes Related to Confidentiality
- Section 12123 is
being reordered sequentially
and K.S.A. 39-1436 (a) (1)
(2) ( 3 ) is now quoted in
its entirety.
- Statutory Citations - Citations
are being listed
where they had been previously omitted .
- Guardianship Handbook - The introductory portion
of Section 12700 is being deleted. The Guardianship
Handbook, which was referenced, is obsolete.
- Decision-Making and Functional
Assessment: Criteria for Legal Impairment
- A Multi-Disciplinary
Tool - is an assessment tool that was previously
in Guardianship Handbook. It is now the ES-1012 and is a mandatory assessment for determining
eligibility for Guardianship/Conservatorship.
- Screening Reports - In Section 12210(4),
a new subitem (k) is being added. Reports
can be screened out when the first face-to-face
interview reveals inaccurate information
and no need for investigation. In such instances
case logs are to be attached to the screening
form and the report screened out within
seven
days of face-to-face interview. The APS
Screening Report - ES-1001 reflects this change.
- Contacting the Involved Adult
- A NOTE
is being added to Section 12311 that the
investigation will not be late if two attempts
for a personal
visit within mandated time frames are
unsuccessful. For example, the worker is unable
to locate
the involved adult.
- CLARIFICATIONS
- Program Description - SRS
does not
investigate resident-to-resident or staff-to-resident
in facilities licensed
by KDOA or KDHE, or
in CDDO facilities licensed/certified by
SRS. This
clarification
is being added as PRC staff
are now doing intakes and screenings. This change is shown in
Section 12100.
- Statutes Related to Confidentiality
- In Section 12123, the order of statute
citations are now in a chronological
sequence and K.S.A. 39-1436 (a) (1)
(2) ( 3 ) is being quoted
in its entirety.
- Screening Reports - In Section 12210,
a new item 3 is being added regarding
reports made about an alleged incident which
occurred in the past. Guidelines to assist the
screener have been included. “In the
past” are the key words and must be included.
- Imminent Danger - Examples
and a definition of "Imminent
Danger" for
PRC screeners is being added to Section
12221
- Other Minor Clarifications - are being made
in Sections 12300, 12400, 12500 and 12600.
- CASH ASSISTANCE
- CHANGES
Failure to Cooperate - A policy change
is being made when the parent who fails to cooperate
with CSE is
a minor parent who is unable to act in
his/her own behalf. In those situations, only the minor parent
will be ineligible
for assistance. The following sections are being modified
to reflect this change: 2165 (1), 2165.1 (1)
(a), and 2165.1 (2).
Section 4113 (2)
is also being modified to reflect this change.
In addition, typographical errors in Section 2160 and an incorrect manual cross-reference in the
Section 2164 are being corrected.
- CLARIFICATIONS
- Assistance Planning - General
Assistance - Section 2313 is
being revised to clarify that the composition
of the mandatory filing
unit
for a two-person GA case can only consist of the individual and spouse.
In these situations, one spouse is disabled and the other qualifies
as a caretaker, or both spouses are disabled. Staff should review
their caseload to determine if the two-person GA cases
in their
caseload
meet this
criterion.
If
not,
appropriate
action should be taken to close the caretaker on the case. This does
not reflect any change in existing policy. The section is also being
reformatted to the way in was prior to 07-04. It was inadvertently
reformatted in that revision and this discrepancy was only recently
discovered.
- Hardship Status - Information on
handling hardships when a household reaches
60 months, including closing such cases when
the hardship ends, was inadvertently removed
from the KEESM in May 2004. It was supposed
to be reinstated through an errata but restoration
was missed. This information is being reinstated
in Section 2243 with this revision. In addition,
the section is being reformatted to differentiate
between hardships due to non-cooperation with
Work Programs and non-cooperation with CSE.
- Mandatory Verification That
Affects Eligibility for Program Benefits
- Item (10) is being
added in 1322.1 to
clarify that verification of relationship
to the child is required
in all non-parental TAF situations. Cross
references
between this section and Section 2220 are
being included.
- CHILD CARE ASSISTANCE
- CHANGES
None
- CLARIFICATIONS
- SSI Recipient Status - Sections 2630 and 4420 (1)
are being clarified that a person who is
in SSI
Recipient Status, even
if not actually receiving SSI, is to be considered
an SSI recipient. Recipient status can be
verified through
the State Data Exchange
(SDX) or through a Third Party Query (TPQY) of
the Social Security Administration.
- Section 4420 is
also being clarified that if
the only child needing child care is receiving
SSI only that child’s non-exempt
income is used in determining eligibility. SSI
is exempt. If there are other children
in the home needing child
care, all members of the nuclear family are to be included on the
case and all household members' income (except the SSI) is considered.
- CHILD CARE PROVIDER ISSUES
- CHANGES
- Child Care Grants - In
Section
10011(2)(d),
the
reference to resource and referral agencies
administering the family child care
grant program
is being deleted .
- In-Home and Out-of-Home Provider
- Background
checks for informal providers
are being enhanced to include checking the
Kansas Adult Supervised
Population Electronic
Repository (KASPER) in
addition to the Child
Abuse/Neglect Central Registry. Sections 10022, 10035 and 10036.3 are
being updated with this change.
- CLARIFICATIONS
Specials Needs Special Purpose Payments
- Section 10260 (6)
is
being
corrected.
The
enhanced
payment
rate
for
special
purpose
child
care
is
available
with
Central
Office
approval,
for
any
provider
- regulated and unregulated.
- FOOD ASSISTANCE
- CHANGES
Able-bodied Adults
Without Dependents (ABAWD) - Effective May
1, 2005, residents of certain counties
will be exempt from the
ABAWD provisions because the county has been designated
a Labor Surplus
Area (LSA) by the Department of Labor, or the county has
had for a 24-month period, an unemployment rate 20
percent above the national
average. Twenty-two counties were deemed exempt and implemented
July 1, 2004. Labor Surplus data for Federal Fiscal
Year 2005 was announced
in January 2005 and, as a result, residents in the following
fourteen counties will be exempt effective
May 1, 2005:
Anderson, Atchison, Cherokee, Coffey, Cowley, Doniphan,
Douglas, Leavenworth, Linn, Sedgwick, Shawnee, Sumner,
Woodson, and Wyandotte.
The following eleven counties that qualified in FY
2004 do not qualify in FY 2005:
Allen, Bourbon, Brown, Finney, Geary, Jackson, Jefferson,
Kearney, Labette, Montgomery and Neosho.
Instructions for implementing the ABAWD exemption
in the three new exempt counties of Cowley, Douglas
and Sedgwick and instructions for ending the exemption
for the eleven counties noted above will be provided
in the Implementation Memo.
This change is reflected in Section 2520.
- CLARIFICATIONS
- Denials
for Failure to Show for an Interview - A
NOTE is being added to Section 1414.2 (2)(b)
to clarify that denials
for failure to show for an interview
take precedence over denials
for failure to provide information. For
purposes of the Food Stamp Program, this
means that if the applicant fails to complete the interview
process
and fails to provide information requested prior to
the date of the interview, the application
cannot
be denied early for failure to provide
information. It must instead be denied for failure to
complete the interview process and denied
on the 30th day per Section 1414.2 (2)(b).
- Categorically Eligible Households
- A clarification
is being made in Section 2510 that persons
ineligible for TAF work program support services
as indicated in Section 3410 are not entitled
to categorical eligibility for purposes of
the Food Stamp Program. Also see Item VIII.
A. 1. of this letter (Work Programs, Changes,
TAF Support Services).
- Persons Exempt from the ABAWD Provisions
- Section 2521 (2)
is being clarified in regard to being
exempt from the ABAWD
criteria
while being served by VR. Only persons being served by VR
with an Individual Plan of Employment
(IPE) would meet this exemption
criterion.
- Households
Containing Post High School Students - The
note under Section 2530 (1)(b)
is being corrected. The
last sentence of the first
paragraph of the note should have been removed when this
item was modified in Revision 21. See Summary
of Change for Revision 21, item
VI., B., 2 for a description of the clarification.
- Establishing a Comparable Penalty
- A technical
correction is being included in item (1)(a)
of Section 2552. In the last paragraph of
this item, the first sentence is modified to state that if the household
member cooperates after the end of the month following the month of
TAF case closure, that person’s SEPA code is to be changed from
DI to IN effective for the month following the month of cooperation.
- Food Stamp
Work Related Exemptions - A clarification
is being added to Section 3230 (1)
to the exemption for a person
who is employed or
self-employed and working a minimum of 30 hours weekly
or receiving earnings at least
equal to the federal minimum
wage multiplied by
30 hours. The clarification states that when determining
if the amount of self-employment
is equal to 30 hours a week times
minimum wage,
use the adjusted gross income (after income producing
costs or the flat 25% deduction
are allowed). A cross reference
was also corrected
in Section
3230 (3).
- Transfer of Property - Length of Disqualification
Period - A correction is being made to Section
5713 to indicate that the 12-month disqualification
period applies to applicable transfers that are $5,000 or more.
- Self Employment
Costs of Doing Business - A
clarification
is being made in Section 7122.1 (3).
Because the state has
a mandatory standard
utility allowance, there is no separate deduction for
utilities for a home based operation when
using actual costs of doing business.
This applies to the Food Stamp Program only.
- Shelter
Costs - Rent and Mortgage - Section
7226,
which discusses allowable and non allowable
rent and mortgage shelter costs
is being reformatted for ease of use
and understandability. The section is
now in bullet form with allowable costs listed first,
followed by some specific costs that
are not allowable. New items are
being included in both the
lists of
allowable and non-allowable costs. Mortgage
insurance, which is generally included
as part of a mortgage
payment,
is considered a continuing charge and
would thus be an allowable shelter cost. Additional
charges for pets are not allowable. Neither
list is to be considered all inclusive
and questionable
rent or mortgage
shelter costs not listed should be referred to EES Policy
for a decision.
- Shelter
Costs - Taxes and Insurance - A
clarification is being made in Section
7226.2 that
installment charges on insurance (for example
an extra
charge assessed for making monthly or quarterly payments)
are considered part of the insurance expense
and, therefore, allowable as a shelter
cost.
- Interim Report - Reinstatement
of Assistance - Section 9122.6 (4)
is being revised. When reinstating
assistance following the
receipt of a late IR (or
application in lieu of an
IR), changes
reported on
the IR or application shall be acted upon for the benefit
month being reinstated. For
example, a case is closed
8/31 for no IR. The IR is
returned 9/9 and the household reports that a member has
left the home. This change
shall be acted upon when
determining
benefits for
September. The numbering of the items in this section
is also being corrected with
this
revision.
- Benefit
Reduction - A technical
correction is being made in Section 11126.1 (4).
The NOTE in item 11126.1 (4)(a)
is being moved to 11126.1 (4)(b).
- MEDICAL ASSISTANCE
- CHANGES
- Poverty Level Changes - New federal poverty
level guidelines have been published by the
Department of Health and Human Services.
These
guidelines affect the eligibility standards for several Medicaid groups:
- Income standards for the Medicaid
poverty level and HealthWave
programs; Income standard for QMB,
LMB, Expanded LMB and QWD programs;
- Income standards and premium standards for
Working Healthy (premium levels will
remain constant);
and
-
For spousal impoverishment, the
minimum community
spouses’ income
allowance increases from $1,562 to $ 1,604,
the excess shelter deduction changes
from $207 to $220,
and the dependent family
member allowance increases
from $521 to $535.
The following KEESM sections, forms
and appendix items are
being updated because of this
change: Sections 8144.2 and 8244.2;
- Determination
of Need -ES-3104.5,
- Income
Allowance Determination Form - ES-3163,
- Working
Healthy and Premium Information - ES-3165,
- Medicaid
and HealthWave Standards - Appendix
Item F-8,
Separate implementation
instructions will be issued to staff for these
changes.
- Medically Needy Base Periods - Section
7330 (1)
is being updated to reflect a change on
base periods. When both spouses are participating
in an MA or MS plan (i.e., coded ‘IN’ on SEPA) and the
couple physically separate or divorce, the existing base period
is shortened to end no later than the month following the month
of the
separation or divorce. This is not applicable to situations where
one or both spouses begin receiving long term care or Working Healthy.
A new base period may be established if requested by the individual.
For persons other than the Primary Individual on the case, a new
application is required.
- Long Term Care Payments - Instructions for
specific hospital-related long term care
arrangements have been added to clarify screening
requirements
and proper budgeting for each arrangement.
- Head Injury Rehabilitation
and Level VI Facilities - Patient
liability and payment related
changes implemented with the
Memorandum dated
03/14/2005 are
being included in this revision.
Both of
these facility types now require
a level of care to be in place
in the MMIS in order
for the facility to be reimbursed. A level of care is considered appropriate
if all eligibility and necessary screening requirements have been
made. Except for general hospital stays, persons who have transferred
property without adequate consideration as per 5720 are
not eligible for reimbursement of long term care expenses. Financial
eligibility,
including patient liability, is determined according to Section 8172.
- General Hospital Payments
- Clarification
is also being added regarding eligibility
for long term general hospital
stays. When the stay will
exceed the planned brief stay period of the month of entrance and
the following two months (30 days when the patient is married or under
age 18), long term care budgeting applies. This includes the $30.00
protected income limit and one month base period. However, because
patient liability editing is not used by the MMIS, the case must be
processed as if a Medically Needy/ Spenddown case. The cost of care
override indicator is not used for these cases and the case is left
as a Medically Needy case.
- Medikan - Clarification is included
in this revision to specify Medikan
payment of LTC expenses is only available if the GA applicant/recipient
enters the facility for a stay which is not intended to exceed the
month of entrance and following two months. Current assistance planning
rules do not permit GA eligibility if the stay is intended to exceed
this period. Other LTC payment requirements must be met, including
transfer of property and any screening/level of care requirement.
In addition, if payment is specifically excluded under the Medikan
Benefit Plan as determined by HCP-MP, no LTC payment is available.
If timely notice requirements prohibit terminating GA and Medikan
in these situations, eligibility may continue pursuant to these requirements
but LTC payment cannot be authorized.
Sections 8112, 8112.3, and 8112.4 item c are being updated with this
revision. A technical correction
has also been
included in section 8120 regarding the temporary stay period.
- LTC Insurance - A correction is being
incorporated in this revision to support a
previous policy change. Beginning 10/1/2003,
payments from LTC insurance are accounted
for through the Medicaid TPL process and are
not considered countable income to increase
the patient liability. See the Summary
of Change for 10/1/2003, item VII (A) (1)(e).
Section 8172 is
being updated with this correction.
- CLARIFICATIONS
- Multiple Transfers of Property - Section
5725 is being updated to reinstate material
previously removed in error. When multiple
transfers
of property without adequate consideration have occurred over several
months, the penalty period is determined by comparing the resulting
penalties by evaluating both as single transfers and as a combined
transfer. The greater penalty period is applied.
- Working Healthy - The mailing
address for premium payments is being corrected
in Section
2664.5.
The new address is P.O. Box
1338, instead of PO Box 2637. (Please
note: P.O. Box 1338 is ONLY used for premium
payments
for Working Healthy and family fees. All
other receipts going to the Central Receivables
Unit should continue to go to P.O. Box 2637.)
- Children in an Institution - This
revision clarifies treatment of children entering
an institution for a period less than 30
days. Because
long term care budgeting is only applicable when the stay is for 30
days or more, children entering an institution for a shorter period
are regarded as temporarily absent and eligibility is determined according
to the previous living arrangement. Eligibility may be established
under any medical program in which the individual
qualifies, including MA
or MS. Parental income and resources are countable, if applicable
to the specific medical program. There is no patient liability unless
used to meet a Medically Needy spenddown. However, appropriate level
of care coding is necessary if required by the specific long term
care arrangement. For example, LOTC must be completed for a child
in a state hospital but is not necessary for a child in a general
hospital.
Sections 8131, 8142 (2), 8143 (3), 8160 (1) reflect these changes.
- Who May Apply - Institutionalized
Persons - Also included is a clarification
regarding who may apply for benefits on
behalf of a state
hospital resident. Although policy does permit
a designee of the state hospital to complete
an application for a resident, this will not
work for minor children residing in a facility
less than 30 days as parental income and assets
must be considered. As such, the state hospital
designee would not likely be able to provide
the information needed to make these determinations.
Such applications should be completed by the
parent or other allowable caretaker. Sections1411.3(2), 8131, 8142 (2), 8143 (3), 8160 (1)
reflect these changes.
- Notice of Privacy Practice
- With the implementation
of the MMIS, all initial Notices of Privacy
Practice (NOPP) have been sent by the fiscal
agent to the casehead or responsible party
on the case. These are generated for all applicable
benefit plans (e.g., Title XIX, Medikan,
Medically Needy, etc.). In addition, a
new NOPP is also
generated when a new recipient is added
to the
plan. Section 2930 reflects
this change.
- Estate Recovery - A
statement regarding joint tenancy property
is being removed
from Section 1725.4 (2).
- WORK PROGRAMS
- CHANGES
- TAF Support Services - When
a TAF cash case is closed, the client remains
eligible for
work program services for 12 months following
the loss of cash assistance except in specific situations. The following
closure reasons are being added as exceptions: the only adult begins
to receive SSI; the only adult is incarcerated/institutionalized and loss
of contact. The statement that
a KsCares case should be opened in situations when the TAF eligible
adult(s) is not open in work programs at the time the
cash TAF case closes is being removed. In addition, a clarification
is being
added
that the work program case should remain open when the client is receiving
work program services at the time cash eligibility ends. Information
is being added that the 12-month period of extended services may be
tracked by the Scheduled End Date of the component assignment. Clarification
is also being added that the 12-month extended services are not available
to TAF work program participants who become exempt, do not volunteer
for work programs, and remain cash eligible. These changes and clarifications
are in Section 3410.
NOTE: If the household is not eligible for work program services for
twelve months following cash case closure, the household is also not
considered categorically eligible for food stamps per Section 2510.
- FS Employment & Training (FS E & T) - Limitations to FS E & T
services are being removed so that services available to FS E & T
participants are similar to those services available to TAF work program
participants. The following specific limitations are being removed:
$1500 education/training per 12 months; $300 vocational assessment
per participant; and $1500 contracted employment services per 12 months.
Sections 3420, 3423, 3424, and 3425 are being changed to reflect these
changes. In addition, FS E & T clients may now utilize the Special
Services Allowances to obtain goods and services needed to participate
in approved components. KEESM section 3428, Special Services Allowance,
is being added to provide guidance for authorizing these services
for FS E & T clients. These expenditures must be within the region’s
FS E & T budget allocation. Appendix Item E-10, Comparison
of TAF and FS E & T Employment Services, is being updated to reflect
these changes.
- CLARIFICATIONS
None
FORMS (Not previously discussed in this Summary)
- Multiple Programs
- The EBT Repayment Form - ES-3142 - and
related instructions are being revised effective 5-05
to reflect the addition
of Child Care as a
potential EBT repayment.
- Release of Information and Liability - ES-3101 - The
ES-1003, APS Release of Confidential Information, and
the IM-3101, Authorization
to Furnish Information and Release From Liability, are being combined
into one new form. This form can also now be used to allow
outside entities such as social security advocates, to access
information in a consumer’s file based upon the
consent of the consumer. In addition, the KAECSES Notice
V009, Authorization for Release of Information, is also
being updated with the same language.
Due to specific program requirements, the OARS Release of Specified
Information found in the Miscellaneous Forms Section is still applicable
for those cases.
- Adult Protective Services
- The following forms are being changed to coincide with
the proposed change in the APS Central Registry of
Confirmed Adult Perpetrators. These forms will no longer
be sent to Central Office. The changes in the Registry
are being communicated with the Regional Directors
separately.
- Notice of Agency Decision - ES-1008
- Memo Notification - ES - 1008.1
- Memo Notification Regarding Outcome of Fair Hearing - ES-1008.2 replaces
the current Memo Notification to Central Registry
Regarding Outcome of Fair Hearing - ES-1008.2.
- Guardianship/Conservatorship
Referral Notification, ES
-1011 is
being
substantially
changed to include
more medical and financial
information. The
referral to the Guardianship Handbook has
been deleted because the material
is obsolete.
- Child Care
Daily Attendance Record (Sample Form) - ES-1604 - is being simplified.
- Food Assistance
- Computation of Food Stamp Benefit - ES-1510.1 - is being revised
and is now a calculable form. Staff may download the form in Word
Perfect and enter appropriate income and expense information to
determine net Food Stamp income and benefits. Instructions for
this form are also included.
- Food Stamp Replacement During Disasters -
ES-3143 - is
being initiated for use by field staff to report
disasters to the EBT Unit via GroupWise
address FSMAIL so that food lost in a disaster that
was purchased by Food Stamps can be replaced.
- Medical Assistance
- EES Request for Retroactive Liability/Obligation
Adjustment, ES-3125 - is obsolete
and is being removed from the manual.
- Statement for Continuing
Eligibility - ES-3153 - is
being added with this revision.
It was introduced in the Implementation
Memo for KEESM
Revision #21 (January 2005) as a form that should
have been included with that
revision.
MISCELLANEOUS FORMS (Not previously discussed in this Summary)
- The Notice of Privacy Practice - HIPAA - has had its contact list updated
by the HIPAA Office. In addition, the form is now available in Spanish.
Both of these revised forms were placed on the Miscellaneous Forms
section in February.
- Protected Health Information Disclosure
Tracking List - The HIPAA
PHI tracking list is being added to this section for staff convenience.
APPENDIX (Not previously discussed in this Summary)
- Hiring Someone to Work in Your Home - Appendix Item C-5 -
is being updated.
- The following Appendices are being updated to include
the “Addendum” information created
in October 2004 and to modify wording for
future Vision Card implementation
in the CC Subsidy Program:
- CC
R & R
Core Services - Appendix Item C-4;
- In-Home
Child Care Handbook - Appendix
Item C-9;
- The
Parent-Provider Partnership Handbook - Appendix
Item C-11;
- Regulated
Provider Enrollment - Appendix Item C-12;
- Unregulated
Provider Enrollment - Appendix Item C-13;
- In-Home
Provider Request - Appendix Item C-14; and
- Out-of-Home
Relative Enrollment - Appendix Item C-15.
- Poverty Level Changes - The following Appendix Items
are being changed as a result of the Poverty Level Changes:
• Family Income and Share Schedule - Appendix Item F-1
• Medicaid and HealthWave Standards - Appendix Item F-8
-
Maximum Hourly Rate Chart - Appendix Item C-18. This chart is
being revised to better indicate effective dates of rates.
- The EBT System Guide - Appendix Item V-1 - is being updated
to reflect the addition of child care EBT benefits being added
effective June
2005.
- EBT Vision Card Handbooks - Appendix Items V-2 through
V-5 - are
being added with this revision. These are the handbooks for the
Vision cards that should be given or sent with a new Vision card.
V-2 and V-3 are the English and Spanish versions of the handbook
for cash and food assistance benefits. V-4 and V-5 are the handbooks
in English and Spanish for the new Child Care benefits that will
be piloted beginning in June. The brochures are currently available
through the warehouse.
- Abbreviations & Acronyms Used by KS Dept. of SRS -
Appendix Item X-1 - is being removed from the manual with this
revision.
In its place, a link is being added to the Web
Links section
to the acronym list elsewhere in the SRS public web (found at
http://www.srskansas.org/Abbrev-Acron/abbre-acron_a-b.htm).
This list is updated by Customer Service on a more frequent
basis than it was for the KEESM.
- Web Links - The “Web
Links” listed at the bottom of
the Appendix Table of Contents are being moved to a separate
page available from the KEESM home page. It is felt that visitors
to the KEESM web site would find web links easier from the home
page than from the bottom of the Appendix Table of Contents.
EFFECTIVE DATE
All policies in this revision are effective May 1, 2005. All new applications
and reviews processed on or after May 1, 2005 shall be completed using
these revised policies. All open cases should be updated using the
new policies when the case is being worked on to process other changes.
Additional information will be in the Implementation Memo.
Clarifications are intended to provide greater understanding of program
expectations in order to allow faster and easier administration at
the local level. Efforts continue to be made to allow area discretion
and flexibility in order to make prudent decisions given basic guidelines.
Clarifications included in this manual revision should help staff
with interpretation of policy and procedure and insure that it is
consistently applied.
MATERIALS OBSOLETED BY THIS REVISION
None
EFFECT ON LOCAL STAFF
The Federal Poverty Level changes are automated and should have
little effect on staff. Other changes should have minimal effect as most
of these changes can be implemented at the next time the case is being
handled.
It is expected that the changes in this revision will free staff from
nonessential work and allow staff to focus efforts on other more critical
areas. The work program changes allow management areas more flexibility.
Clarifications are intended to provide greater understanding of program
expectations in order to allow faster and easier administration at the
local level. Efforts continue to be made to allow area discretion and
flexibility in order to make prudent decisions given basic guidelines.
Clarifications included in this manual revision should help staff with
interpretation of policy and procedure and insure that it is consistently
applied. COORDINATION EFFORTS
Within SRS, the material in this letter and manual revision have been
coordinated with staff in the Economic and Employment Support,
Child Support Enforcement, Health Care Policy, Children and Family
Services, the EES Program Administrators, the Implementation Planning Team, EES
Program
Training
Unit,
Angela Stuart from QA and other
EES field staff.
Sincerely,
Bobbi Mariani, Director
Economic and Employment Support
BM:MSW:jm
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