M E M O R A N D U M

TO:                 EES Program Administrators

FROM:           Dr. Carla Whiteside-Hicks, EES Director

DATE:           September 12, 2023

SUBJECT:    Implementation Instructions - KEESM Revision 112

This memo provides implementation instructions and information for the following October 01, 2023, policy changes in the Kansas Economic and Employment Services Manual (KEESM).

I.    Food Assistance

On June 3, 2023, the Fiscal Responsibility Act of 2023 (FRA) was signed into law.  The FRA gradually increases the age of those subject to ABAWD time limit rules and adds new exemptions.  State agencies must begin applying the new exemptions to initial and recertification applications received on or after September 1, 2023. 

New Exemptions

• A homeless individual, as defined in Section 3 of the Food and Nutrition Act (FNA) of 2008 and at 7 CRF 271.2, means an individual who lacks a fixed and regular nighttime residence or an individual whose primary nighttime residence is:
  
  
  • A supervised shelter designed to provide temporary accommodations (such as a welfare hotel or congregate shelter);
  • A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;
  • A temporary accommodation for not more than 90 days in the residence of another individual; or
  • A place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places).

• A veteran, as defined in Section 5126(f)(13)(F) of the James M. Inhofe National Defense Authorization Act of 2023, means an individual who served in the United States Armed Forces (such as Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard, and National Guard), including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release.

• An individual who is 24 years of age or younger and who was in foster care under the responsibility of a State on the date of attaining 18 years of age or such higher age as the State has elected as defined under Section 475(8)(B)(iii) of the Social Security Act (42 U.S.C. 675(8)(B)(iii)).  This includes any individual who was in a foster care program run by the State, District, Territory, or Indian Tribal Organization as of their 18th birthday or later and who is under 25 years of age.

Verification Requirements for New Exemptions:

Verification is only required if exemption is determined questionable.  Any reasonable documentary evidence, including collateral contact must be accepted. If questionable, examples of reasonable documentary evidence include, but are not limited to:

• Homeless
  • Collateral contact with homeless shelter
  • Collateral contact with person with whom individual is currently residing

• Veterans
  • Certificate of Release or Discharge from Active Duty (DD Form 214)
  • Driver’s license indicating veteran status
  • VA benefit award letter
    
    
• Foster Care
• Collateral contact with other social service agencies

New Age Criteria

ABAWD time limit rules currently apply to Individuals aged 18 – 49.  The FRA gradually increases the age of those subject to the ABAWD limit as follows:

• September 1, 2023:   ABAWD time limit rule applies to individuals aged 18 – 50

• October 1, 2023:        ABAWD time limit rule applies to individuals aged 18 – 52

• October 1, 2024:        ABAWD time limit rule applies to individuals aged 18 – 54

The new exemptions and age requirements must be applied to all initial and recertification applications received on or after September 1, 2023. However, the KEES changes required to automate adherence to the age requirements will not be functional until the December 2023 KEES Release and new exemptions will not be functional until the March 2024 KEES Release. Here are key dates of upcoming actions regarding the transition to full KEES functionality.

• September 1, 2023:  
  Begin manually screening all initial and recertification applications received from individuals aged 18 – 52 using the ABAWD screening flow chart and apply appropriate workarounds including manually updating Time Limit and Medical Condition pages in KEES.
  
  
• September 2023:      
  Mass notification of changes in federal regulation will be sent to all individuals aged 18 – 52 without dependents.
  
  
• September 2023:
  Updated ABAWD training material will be available.

• October 2023:
  The October 2023 KEESM revisions will reflect changes in federal regulations, and E-26, Consolidated Work Requirements, will be updated for staff use during interviews.

• January 2024:
  With the December 2023 KEES Release, KEES will update ABAWD rules to those aged 18 – 52 and will begin counting ABAWD months for the new population of those aged 50 – 52.

• March 2024:
  With the March 2024 KEES Release, KEES will apply changes to the Consolidated Work Requirement Form, add the additional exemptions to the Time Limits page, and update language on the SSP application and recertification application. ABAWD training material will be updated with examples for new exemptions.

Continuing Processes

• If an exemption applies, add an exemption record to the Time Limit page through the next IR or recertification. Continuing allowable exemptions include the following:
  
  
  • Alcohol or drug treatment program
  • Care of incapacitated FA household member
  • Pregnant
  • Receiving unemployment compensation
  • Student

• If the client is meeting work requirements, add “Met work/training requirement” to the Time Limit page through next IR or recertification.

• If the client has no exemptions and is not meeting work requirements, add “Did not meet work/training requirement” for first countable ABAWD month through the come-up month.

Workaround Processes

Follow the workaround process for all initial applications and recertification applications received on or after September 1, 2023. Manually screen all initial and recertification applications received from individuals aged 18 – 52 using the ABAWD screening flow chart.

• New Exemptions and Workaround Processes
  
  
  • Veteran
    • Update the Individual Demographic page to “YES” for “Is this individual a Veteran?”.
    • Add an exemption record of “Care of incapacitated FA household member” on the Time Limit page through the next IR or recertification.
    • Add a journal entry of “Workaround applied for new ABAWD exemption – Veteran.
      
      
  • Homeless
• Add a record to the Living Arrangement Detail page with the Living Arrangement Type of “Homeless”.
• Add an exemption record of “Care of incapacitated FA household member” on the Time Limit page through the next IR or recertification.
• Add a journal entry of “Workaround applied for new ABAWD exemption – Homeless”.
  
  
• Foster Care
• Verify KS foster care status through KEES. On the Case Summary page, click on client’s name under “All People Associated with the Case” block. View “Person Case History” to find a “Foster Care” program associated with the client. If a foster care program is listed, click on the hyperlink. In the Foster Care program block, click the hyperlink for the person.  View the Foster Care History to determine if the individual was in foster care at time of the 18th birthday.  
  
• Foster care record found.
• Add an exemption record of “Care of incapacitated FA household member” on the Time Limit page through the next IR or recertification.
• Add a journal entry of “Workaround applied for new ABAWD exemption – Foster Care”.
• If the Foster Care program is not found and client is reporting being in foster care at the time of the 18th birthday, if questionable further verification is needed. 

Applying Changes During the Certification Period

The agency must ensure that all information needed to determine if household members are subject to ABAWD time limit rules is received before screening and applying exemptions.  Any information reported to the agency that requires case action following existing rules, including rules about unclear information must follow this process.

• If all information is available and action is taken on the case, follow normal procedures and/or workarounds above to apply new exemptions.
• If information is unclear, the agency will follow the established unclear information process.  Information cannot be acted on until next IR or recertification.  Journal “Unclear Information will not be acted on until next IR or recertification”.

II.   TANF Suspicion Based Drug Testing Program
DCF has procured a new vendor for Suspicion Based Drug Testing initiating a new contract with Comprehensive Drug Testing (CDT). CDT started receiving SBDT referrals and completing drug testing effective July 17, 2023. The SBDT referral process will not change. A list of new collection sites and the following forms are attached and have been updated to reflect the vendor’s name change: ES-4412 SRCC EES Referral, Report and Turn-Around Document and the ES-4108 Collection Site Passport.

TANF applicants and/or recipients who are pending drug testing will be prioritized as follows.

• Using the SBDT delayed list, mail Collection Site Passport (ES4108) and Chain of Custody Form to the client.
• Clients will be given a 10-day notice to report to the collection site to allow for delays in how some areas in the state handle mail.
• For tracking purposes, add a column at the end of the SBDT delayed list to log the date the Collection Site Passport and Change of Custody Form were mailed to the client.
• Send an email to the SBDT email box stating the date a Collection Site Passport and Chain of Custody form were sent to the client.
• Phillipsburg will be an exception. If a client in Phillipsburg requires testing, they must come into the office and pick up supplies. In that situation testing should be scheduled the same day.

For clients who have since closed on TANF, verify that a journal entry has been entered stating that if the TANF case reopens within 12 month of the indicator that originally prompted the referral, the client will need to be sent for testing.

• ES-4108 Collection Site Passport  

Vendor names and urine analysis collection instructions from Redwood/Procom to Comprehensive Drug Testing (CDT).

• ES-4412 Turn Around Form

RDC changed to SBDT and KCPC changed to SUA

• Collection Sites

UA collection site list updated from Redwood/Procom associated sites to Comprehensive Drug Testing (CDT) associated sites.