39-785. Definitions. As used in K.S.A. 2021 Supp. 21-5606, K.S.A. 39-709 and K.S.A. 39-785 to 39-790, inclusive, and amendments thereto:
(a) "Adult care home" means a nursing facility licensed under the adult care home licensure act.
(b) "Excess shelter allowance" means, for the applicant or recipient's spouse, the amount by which the sum of (1) the spouse's expense for rent or mortgage payment, including principal and interest, taxes and insurance and, in the case of a condominium or cooperative, required maintenance charges excluding utilities, for the spouse's principal residence, and (2) the standard utility allowance under section 5(e) of the food stamp act of 1977, exceeds 30% of the maximum amount of income allowed under K.S.A. 39-787, and amendments thereto.
(c) "Home and community based services" means those services provided under the state medical assistance program under waivers as defined in title XIX of the federal social security act in accordance with the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto, to recipients who would require admission to an adult care home if such services were not otherwise provided.
(d) "Income" means earned income and unearned income as defined under the state medical assistance program in accordance with the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto, to determine eligibility of applicants for medical assistance.
(e) "Institution" means an adult care home or a long-term care unit of a medical care facility.
(f) "Medical assistance" has the meaning provided under K.S.A. 39-702, and amendments thereto.
(g) "Qualified applicant" means a person who (1) applies for medical assistance and (2) is receiving long-term care in an institution or would be eligible for home and community based services if receiving medical assistance.
(h) "Qualified recipient" means a person who (1) receives medical assistance and (2) is receiving long-term care in an institution or is receiving home and community based services.
(i) "Resources" means cash or other liquid assets or any real or personal property that an individual or spouse owns and could convert to cash to be used for such individual's support and maintenance. If the individual has the right, authority or power to liquidate the property, or such individual's share of the property, it is a resource. If a property right cannot be liquidated, the property will not be considered a resource of the individual or spouse.
(j) "Secretary" means the secretary for aging and disability services.
(k) "Exempt income" means income which is not considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto.
(l) "Nonexempt income" means income which is considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto.
(m) "Exempt resources" means resources which are not considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto.
(n) "Nonexempt resources" means resources which are considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of K.S.A. 39-708c, and amendments thereto.
(o) "Long-term care" means care which exceeds or is projected to exceed three months, including the month care begins.
History: L. 1988, ch. 143, § 1; L. 1992, ch. 322, § 8; L. 2011, ch. 30, § 174; L. 2014, ch. 115, § 95; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.
39-708d Same; lease of office or business space.
39-709f Medical assistance program and managed care organizations; contract; prompt payment.
39-709j Medical assistance program; coverage for speech-language pathology and audiology services.
39-713d Funeral and cemetery expenses; limitations.
39-718b Liability of parent or guardian for assistance provided child, exceptions.
39-719c Proof deemed prima facie evidence assistance unlawfully received.
39-720 Penalty relating to fraudulent acts; civil actions, evidence.
39-739 Sight handicapped persons; reports to state board of health; forms.
39-740 Same; records available to secretary for children and families.
39-744 Transfer of powers, duties and functions.
39-751 Program for home maintenance; duties of secretary for children and families.
39-752 Same; appointment of supervisors.
39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.
39-759 Unlawful acts relating to information concerning absent parents; penalty.
39-790 Court-ordered child support obligation or family maintenance allowance not available income.
39-791 Application of 39-785 through 39-790 suspended; expiration of section.
39-7,118 Drug utilization review program.
39-7,121c Certain medications not subject to prior authorization.
39-7,131 Same; application for waivers of federal requirements prior to implementation of act.
39-7,134 Establishment of system.
39-7,136 Access to information relating to a IV-D case.
39-7,139 Powers and remedies of the secretary concerning IV-D services.
39-7,140 Jurisdiction; service; notice.
39-7,142 Administrative orders.
39-7,143 Same; enforceability.
39-7,144 Subpoena; service; enforceability.
39-7,147 Income withholding order.
39-7,148 Same; modification or termination.
39-7,150 Administrative levy on cash assets.
39-7,151 Redirecting support payments; assignment; change of payee.
39-7,152 Execution; arrearages.
39-7,156 Same; prevention of certification.
39-7,157 Same; termination of proceedings; issuance of driver's license.