STATE DEPARTMENT FOR CHILDREN                 6/28/13
AND FAMILIES                                             
Family Services
Docking State Office Building
Room 581 - West
Topeka, Kansas 66612

OVERVIEW OF CHANGES

A brief overview of the major changes is described below. Other clarifications and technical corrections are also included and described in the next section. Additional technical corrections not mentioned here are being incorporated in KEESM as needed.

Food Assistance and Child Care – Changes and clarifications are being made to the Authorized Representative section to accommodate the implementation of mail issuance of Kansas Benefits Cards. The major change involves the addition of authorized payees to the ebtEdge system instead of KAECSES.

Food Assistance – Several changes and clarifications are being included in this revision. A clarification is being added that persons disqualified from the Food Distribution Program on Indian Reservations (FDPIR) are also disqualified from food assistance to the extent the disqualification period has not expired. The definition of fraud trafficking is being expanded to include the buying, selling, stealing or otherwise affecting an exchange of food assistance benefits for cash or consideration other than eligible food; and the purchasing with food assistance benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product and intentionally returning the container for the deposit amount. Also purchasing a product with food assistance benefits with the intent of obtaining cash or consideration other than eligible food and by intentionally reselling the product is also considered trafficking. In addition, the manual is being revised regarding time to process applications to accommodate the mail issuance of Kansas Benefits Cards.

Employment Services and Successful Families – The application process is being modified with the eligibility requirement of registration with KansasWorks and completion of at least one KeyTrain module. With the initiation of these requirements, the Work Readiness Screen is no longer an eligibility requirement and is obsolete as of July 1, 2013.

Medical Assistance – The average nursing home private pay daily rate used to calculate transfer penalties has changed.

Successful Families – This revision contains changes to KEESM to incorporate legislative rules disallowing individuals convicted on or after July 1, 2013 of a state or federal felony offense which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog from receiving TANF benefits.

DESCRIPTION, PURPOSE, AND DETAILS OF POLICY CHANGE

1. Child Care
   
   
   1. Changes
      
      
      1. Budgeting of Income – Section 7100 is being modified to state that the Income/Expense Worksheet, ES-3103, is also required for all child care cases with countable earned income
         
         
   2. Clarifications
      
      None
      
      
2. Child Care and Food Assistance
   
   
   1. Changes
      
      
      1. Authorized Representatives – Changes and clarifications are being made to section 1523 to accommodate the implementation of mail issuance of Kansas Benefits Cards. This section has been revised by removing reference to adding the authorized representative’s name and address on the ADDR screen in KAECSES. Instead the information must be added to the ebtEdge system directly for the authorized representative to get a card. Clarification is also being included that a “responsible” member of the household must be at least 18 years of age. In addition, clarification is provided that an authorized representative must be requested in writing, either on the application (including the online application) or review forms, or via the ES-3141, Alternate Payee Request form.
      
      
   2. Clarifications
      
      None
      
      
3. Employment Services
   
   
   1. Changes
      
      None
      
      
   2. Clarifications
      
      
      1. Process for Placing Penalties – Clarifications on the penalty determination and notification process are being made in KEESM 3500. Existing system forms will be revised to reflect the clarified process. Clients will be expected to call before the activity/appointment to make alternative arrangements. If they miss an activity they will be given a 24 hour grace period to contact the WP worker and report good cause. If documentation for good cause is required, the worker will give the client 5 days to provide documentation. There will be guidance in KEESM 3500 as to exceptions and penalty rescinding.
         
         
4. Employment Services and Successful Families
   
   
   1. Changes
      
      
      1. KansasWorks (KWK) – The modified application process will require TANF applicants to register on-line for KansasWorks (KWK). They must also complete a module of the KeyTrain assessment. The KeyTrain assessment must be completed at the local Workforce Center. The KeyTrain assessment will be completed in-house at DCF offices which are not co-located with a WorkForce Center in the same town. The Workforce Center or in-house proctor will report completion of KeyTrain using a referral turnaround form. Both the KansasWorks registration and the KeyTrain assessment must be completed to be eligible for TANF benefits.
         
         A new component will be added to KSCARES to capture the KWK activities. If the KeyTrain assessment identifies the client as not ready for a WorkKeys assessment, the client will be allowed to take training for this assessment. New codes will be added to WOPA to indicate the client has completed both the registration for KansasWorks and KeyTrain assessment, and to record the WORK READY certificate level the client achieves.
         
         KEESM 1412.1, 2121, 2251, 2252, 2420, 3100, 3100.1, 3130.2, 3300, 3310.1, and 3330.1 will be revised to reflect these policies.
         
         
   2. Clarifications
      
      None
      
      
5. Food Assistance
   
   
   1. Changes
      
      
      1. Time in Which Application is to be Processed – Due to the change of mail issuance of Kansas Benefits Cards that was effective June 24, 2013, the manual is being revised regarding processing times for food assistance. KEESM 1413 was very specific regarding processing times for expedited and non-expedited applications. This has been removed and replaced with a more general description.
         
         Due to mail issuance, the state agency must allow at a minimum 4 days of mailing time for a new Kansas Benefits card to arrive at the household’s address. This will move up the time when a non-expedited application must be processed to be considered timely to allow for the 4 days card mailing time. For expedited applications, an inactive Kansas Benefits Card will be mailed at the time of registration when the KAECSES case is coded as expedited on APMA or REAP, unless the person already has an active Kansas Benefits Card. If the case is registered prior to noon, the Kansas Benefits Card will be mailed that day from our Kansas Benefits Card vendor, FIS. If registered after noon, the card will be mailed the next mailing day. Staff will have then until the 6th day from the date of application to approve the expedited for overnight issuance and until the 7th day from the date of application for immediate issuance. Weekends and other non-work days must be factored in when determining when the case must be processed to be timely.
         
         The household shall either be told of approval at the time of interview/approval processing or a phone call to the household letting them know that benefits can be accessed will be required to insure that the household has access to the benefits on the 7th calendar day from the date of application. Document the approval discussion (either in-person or on the phone) to insure timeliness. This also applies to 30 day processing if necessary to insure timeliness is met. As a reminder, for food assistance, day 1 starts the day following the application date.
         
         Section 1413 is being modified accordingly.
         
         
      2. Food Distribution on Indian Reservations (FDPIR) Disqualifications – The manual is being changed to provide that persons disqualified for the FDPIR program are to be disqualified for food assistance to the extent the disqualification period has not expired. This person is treated as disqualified (DI SEPA code). In addition the disqualification does NOT count when determining the number of fraud disqualifications.
         
         The following KEESM Sections are being changed to incorporate this change: 2151, 4212.2, and 11221.1.
         
         
      3. Definition of Trafficking - The manual is being revised regarding the definition of trafficking. Definitions of trafficking are being expanded as follows:
         
         
         1. The traditional notion of trafficking is the buying and selling, stealing or otherwise affecting an exchange of food assistance benefits for cash or consideration other than eligible food. This is clarified.
            
            
         2. A new instance of trafficking is being implemented based on changes to the Federal regulations published Thursday, February 21, 2013. With the new regulations, purchasing a product with food assistance benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product and intentionally returning the container for the deposit amount is considered trafficking. This new definition is intended to target egregious and intentional violations.
            
            
         3. Trafficking is also clarified to include the purchase of a product with food assistance benefits with the intent of obtaining cash or consideration other than eligible food, by reselling the product and subsequently intentionally reselling the product purchased with food assistance benefits in exchange for cash or consideration other than food.
            
            
         4. Intentionally purchasing products originally purchased with food assistance benefits in exchange for cash or consideration other than eligible food.

         KEESM 11221.1 (6) is being modified to incorporate this change.

   2. Clarifications
      
      None
      
   
   
6. Medical Assistance
   
   
1. Changes
   
   
   1. Transfer of Property – The average nursing home private pay daily rate in the state has increased from $166.43 to $169.68. The new rate is effective with all penalty periods with a start date on or after July 1, 2013.
      
      KEESM section 5724.4(2) and Appendix item W-9 (Transfer of Property Worksheet) will be updated with this revision. In addition, the electronic Transfer of Property Worksheet will be updated and reissued. Previous versions will be obsolete and should be discarded.
      
      
2. Clarifications
   
   None
   
   
7. Successful Families
   
   
   1. Changes
      
      
      1. Felony Drug Convictions – Policy prohibits anyone convicted on or after July 1, 2013 of a felony offense which includes an element of the offense of manufacture, cultivation, distribution, possession or use of a controlled substance or controlled substance analog from receiving TANF benefits for five years from the date of the conviction for a first offense occurring after July 1, 2013 . Subsequent felony convictions after July 1, 2013 results in a lifetime ban of TANF assistance for the individual.
         
         KEESM 2183 is being updated with this information.
         
         
   2. Clarifications
      
      
      1. Failure to Cooperate (KEESM 2165) and Time limited assistance (KEESM 2240) – KEESM sections 2165 and 2240 are being clarified to explicitly state they only apply to those with felony drug convictions after July 1, 2013.
         
         
      2. Social Security Disability Advocacy Project – The Social Security Disability Advocacy Project and the contract with KLS are no longer in place. The information related to this is being removed from KEESM 1724 and that section is being marked Reserved. References to these are also being removed from KEESM 2181.

FORMS (Explanation provided if not mentioned previously in this summary.)

1. All Programs
   
   

   ES-3105.1, Request For Information. A statement is being added near the beginning of the document instructing clients to return the form with requested verification.

2. Child Care and Food Assistance
   
   ES-3141, Request For Alternate Payee, was updated and linked to the KEESM Forms list before the July 2013 revision.
   
   
3. Successful Families
   
   ES-4418, KEYTRAIN/WORKKEYS referral and report form
   
   

APPENDIX (Explanation provided if not mentioned previously in this summary.)

1. Medical Assistance
   
   W-9, Transfer of Property Worksheet

MISCELLANEOUS FORMS (Explanation provided if not mentioned previously in this summary.)

EFFECTIVE DATE

All polices in this revision are effective July 1, 2013. Additional information is being included in the Implementation Memo.

EFFECT ON LOCAL STAFF

The effect on staff as a result of these changes will be minimal.

MATERIALS OBSOLETED BY THIS REVISION

E-15, Work Readiness Screening

COORDINATION EFFORTS

Within EES, the material in this letter and manual revision has been coordinated with staff in Economic and Employment Services, the EES Program Administrators, and the Implementation Planning Team.

Sincerely,
Jaime Rogers, EES Director
Economic and Employment Services
JR:am