11200 DETERMINATION OF FRAUD
Any individual who is suspected of committing fraud for the purpose of improperly establishing or maintaining eligibility for cash, child care, food assistance, or medical assistance benefits shall be referred to the Fraud Unit or Administrative Disqualification Hearings Officer as appropriate for a determination of fraud.
An individual may be found guilty of fraud by any one of the following methods:
For TANF, child care, and Food Assistance: When the
individual has been legally determined to have committed fraud through
a court of appropriate jurisdiction;
By the individual signing a disqualification consent agreement in cases referred for prosecution;
When the individual has been established as having committed fraud
through an Administrative Disqualification Hearing; or
By the individual signing a Waiver of Right to a Disqualification
Hearing form.
For medical assistance and RE, when the individual has been legally
determined to have committed fraud through a court of appropriate
jurisdiction.
A referral may be made to the Administrative Disqualification Hearing
Officer (ADHO) or to the local Fraud Unit regardless of the current
eligibility of the individual.
For all programs except Child Care, claims (individual program or combined)
of $0 to $1000, including instances of attempted fraud that would
have resulted in an overpayment from $1 to $1000, if not discovered,
will be referred to the Administrative Disqualification Hearing Officer .
Claims of $1001 and over will be referred to the fraud unit who will
determine how to proceed – civil, criminal or an Administrative Disqualification
Hearing.
NOTE: Since the Food Assistance Program is 100% federally funded and a nationwide entitlement program, fraud determinations made in one state are valid and countable in another.
11210 Definition of Fraud
- Fraud is defined as having intentionally:
For food assistance, committing any act that constitutes
a violation of the Food and Nutrition Act of 2008, the Food Assistance
Program Regulations, or any Kansas statute relating to the use, presentation,
transfer, acquisition, receipt, or possession of food assistance access
devices (Benefits Card). Fraud also includes the sale of, or intent
to sell, food assistance benefits and/or Kansas Benefits Cards in
public or online through Web sites and social media such as Craig’s
List, Facebook, Twitter, eBay, etc.