Chapter 39, DEPENDENT PERSONS AND PERSONS WITH DISABILITIES; SOCIAL WELFARE

39-7,141. Waiver of rights. Except to the extent precluded by another provision of law, a person may waive any right conferred upon that person with respect to any IV-D proceeding. Anyone seeking waiver shall advise the person of the right to seek independent legal advice. Such w…

39-7,142. Administrative orders. (a) The provisions of this section shall apply to all orders entered by an authorized agent of the secretary in any IV-D administrative proceeding under K.S.A. 39-7,137 through 39-7,152 and amendments thereto. (b) Every administrative order entere…

39-7,143. Same; enforceability. (a) Subject to subsection (b), an administrative subpoena or order whose effect has not been stayed shall be enforceable pursuant to the civil enforcement provisions of the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto, …

39-7,144. Subpoena; service; enforceability. (a) In any title IV-D case, the secretary may issue a subpoena pursuant to this section to obtain information about the responsible parent's whereabouts or finances if the information is needed to establish, modify or enforce a support…

39-7,145. Genetic tests. (a) This section shall not apply if an action to establish the father's duty of support on behalf of the child is pending before any tribunal. As used in this section, "mother" means the natural mother of the child whose parentage is in issue. (b) Except …

39-7,146. Arrearages. (a) If the responsible parent owes any arrearages, the secretary may serve upon the responsible parent an order for minimum payments to defray the arrearages. The order shall identify the amount of unpaid arrearages and the minimum periodic payment the oblig…

39-7,147. Income withholding order. (a) Except as otherwise provided in K.S.A. 39-7,149 or K.S.A. 23-3103, and amendments thereto, if no income withholding order is in effect to enforce a support order in a title IV-D case, an income withholding order may be entered by the secret…

39-7,148. Same; modification or termination. (a) At any time after issuing an income withholding order, the secretary shall: (1) Modify or terminate the income withholding order because of a modification or termination of the underlying support order; (2) modify the amount of inc…

39-7,149. Same; hearing. (a) The responsible parent may request: (1) An administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto, for review of a notice of intent to initiate income withholding served pursuant to K.S.A. 39-7,147 and amendments thereto by complyin…

39-7,150. Administrative levy on cash assets. (a) Upon determining that arrearages exist in a title IV-D case, the secretary may enforce the support order by an administrative levy upon the responsible parent's cash assets. Any retirement fund that may be revoked or terminated by…

39-7,151. Redirecting support payments; assignment; change of payee. (a) Nothing in this section shall be construed to prevent the secretary from redirecting support payments by filing a notice of assignment pursuant to K.S.A. 39-754, and amendments thereto, or to require the sec…

39-7,152. Execution; arrearages. If arrearages have accrued under a support order entered by or registered with a court of this state, the secretary may issue execution pursuant to K.S.A. 60-2401 and amendments thereto. History: L. 1997, ch. 182, § 21; July 3.

39-7,155. Past due child support or failure to comply with subpoena, restricted driving privileges; certification by secretary; notice; hearing. (a) The secretary of revenue shall restrict a person's driving privileges pursuant to K.S.A. 8-255, and amendments thereto, upon reques…

39-7,156. Same; prevention of certification. (a) A person may prevent certification pursuant to subsection (e) of K.S.A. 39-7,155, and amendments thereto, or may request decertification if: (1) The arrearages are paid in full or a tribunal of competent jurisdiction has determined…

39-7,157. Same; termination of proceedings; issuance of driver's license. If a person previously certified pursuant to K.S.A. 39-7,155, and amendments thereto, is decertified by the secretary for children and families, the secretary of revenue shall immediately terminate any proc…

39-7,158. Agreement between secretary of revenue and secretary for children and families; rules and regulations. (a) The secretary for children and families and the secretary of revenue may enter into an agreement for administering the provisions of K.S.A. 39-7,155 through 39-7,1…

39-7,159. Comprehensive and coordinated system of long-term care services; cooperation by Kansas department for aging and disability services, Kansas department for children and families and department of health and environment. (a) In the state of Kansas, long-term care services…

39-7,160. Robert G. (Bob) Bethell joint committee on home and community based services and KanCare oversight; members; meetings; reporting; compensation and expenses. (a) There is hereby established the Robert G. (Bob) Bethell joint committee on home and community based services …

39-7,162. Home and community based services savings fund administered by secretary for aging and disability services; certification, transfer and expenditures. (a) (1) There is hereby established the home and community based services savings fund in the state treasury which shall…

39-7,165. Approval of legislature required for public assistance program waivers or authorizations from the federal government that expand eligibility or increase cost or to make certain changes to services for persons with intellectual or developmental disabilities; approvals by…

39-701. Purposes of act. It is hereby declared the purpose and policy of the state in supervising the directing of the welfare work therein, to provide an effective uniform system of welfare work for the state; to promote efficiency in the work; and to comply with the conditions …

39-702. Definitions. The following words and phrases when used in this act shall, for the purposes of this act, have the meanings respectively ascribed to them in this section: (a) "Secretary" means the secretary for children and families, unless otherwise specified. (b) "Applica…

39-708a. Payment of claims to medical vendors not filed within fiscal year; limitation. (a) Except as otherwise provided in subsection (b), the director of accounts and reports shall accept for payment from an agent or intermediary authorized to make medical payment reviews and t…

39-708c. Powers and duties of secretary for children and families; community work experience programs; disbursal of property including food stamps; division of services for the blind; children and youth service program; medical care for needy persons; payment schedules for health…

39-708d. Same; lease of office or business space. Notwithstanding any of the provisions contained in subsection (d) of K.S.A. 39-708c, and amendments thereto, the secretary for children and families may lease office or business space for a period exceeding 10 years if the propose…

39-709. Eligibility requirements for temporary assistance for needy families, food assistance, child care subsidy and medical assistance; prohibition of medicaid expansion without legislative enactment; automatic assignment of support rights for children in custody of the secreta…

39-709b. Information concerning applicants for and recipients of assistance; confidentiality, exceptions; publication of statistics. (a) Information concerning applicants for and recipients of assistance from the secretary shall be confidential and privileged and shall only be av…

39-709c. Report to legislature; medical assistance expenditures and amounts recovered; recommendations for legislation therefor. On or before the first day of each regular session of the legislature, the secretary shall prepare and submit to the president of the senate and the sp…

39-709e. Exercise of state's option from federal law making certain drug abusers ineligible for public assistance. (a) Except as provided in K.S.A. 39-709, and amendments thereto, under the authority of subsection (d)(1)(A) of 21 U.S.C. § 862a, the state of Kansas hereby exercise…

39-709f. Medical assistance program and managed care organizations; contract; prompt payment. (a) Any contract between the Kansas medical assistance program and any managed care organization serving the state of Kansas shall require the processing and full payment of the allowed …

39-709g. Public assistance; duties of secretary for children and families; acceptance of telephonic signatures for applications. (a) For purposes of any public assistance program described in K.S.A. 39-709, and amendments thereto, that is administered by the secretary for childre…

39-709h. Medical assistance program; patient encounter data; requirements imposed on managed care organizations; audits; rules and regulations. (a) Upon request by a participating healthcare provider under the Kansas medical assistance program, the secretary of health and environ…

39-709i. Medical assistance program; decisions rendered by managed care organizations; appeals process; external independent third-party review; notice and procedure. (a) (1) Any managed care organization providing state medicaid services pursuant to a contract with the Kansas pr…

39-709j. Medical assistance program; coverage for speech-language pathology and audiology services. (a) On and after January 1, 2019, the department of health and environment and any managed care organization providing state medicaid services under the Kansas medical assistance p…

39-710. Social welfare fund; deposits; disbursements; unpaid cancelled warrants, crediting; appropriations. There is hereby created in the office of the state treasurer a fund to be known and designated as the social welfare fund. All moneys received by the secretary as grants, g…

39-711a. Meal services for the aging; use of school lunch facilities under agreement with local board of education. The board of education of any school district may enter into an agreement with any private nonprofit organization or any public board, council or agency, which is a…

39-713c. Homes for children. The secretary shall find suitable homes for children who are children in need of care, as defined in K.S.A. 38-2202, and amendments thereto, referred to the secretary by the district court, and place and supervise the children in such homes. This shal…

39-713d. Funeral and cemetery expenses; limitations. (a) The secretary, on the death of a recipient of assistance, if the estate of the deceased or other available resources are insufficient to pay the decedent's funeral and burial expenses, may pay funeral and cemetery expenses …

39-714. County home; admission; treatment; ownership by two counties; tax levy, use of proceeds; issuance of bonds in certain counties. The poor farm or infirmary of any county shall be referred to as "the county home." The board of county commissioners shall supervise the county…

39-717. Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process. (a) Assistance granted under the provisions of this act shall not: (1) Be sold or otherwise disposed of to others by the client or by an…

39-718b. Liability of parent or guardian for assistance provided child, exceptions. (a) Except as provided in subsection (b), a child's parent, parents or guardian shall be liable to repay to the secretary for children and families any assistance expended on the child's behalf, r…

39-719a. Recovery of medical assistance paid; obligation of third party; payment by secretary secondary costs paid proportionately by parties as determined by court. (a) Where medical assistance has been paid by the secretary and a third party has a legal obligation to pay such m…

39-719b. Duty of recipient to report changes which affect eligibility; actions by secretary; recovery of assistance obtained by or transferred to another person by ineligible recipient. (a) If at any time during the continuance of assistance to any person, the recipient thereof b…

39-719c. Proof deemed prima facie evidence assistance unlawfully received. In any action or proceeding for the recovery of assistance paid to an alleged ineligible recipient of assistance, proof that the recipient of assistance possesses or did possess property or income which do…

39-719e. Medical benefit plan providers to provide information identifying covered medical assistance recipients; procedures; enforcement. (a) Upon the request of the secretary for aging and disability services or the Kansas department of health and environment, or both, each med…

39-720. Penalty relating to fraudulent acts; civil actions, evidence. Any person who obtains or attempts to obtain, or aids or abets any other person to obtain, by means of a willfully false statement or representation, or by impersonation, collusion, or other fraudulent device, …

39-721. Severability clause. If any section or part of a section of this act shall be held unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid section or part of a section and the remaining provisio…

39-739. Sight handicapped persons; reports to state board of health; forms. Every health and social agency, attending or consulting physician or nurse, shall report in writing to the state board of health, the name, age and residence of all patients or persons who are handicapped…

39-740. Same; records available to secretary for children and families. The records relating to the blind, as filed in the office of the state board of health, shall be available to the secretary for children and families at all times. History: L. 1949, ch. 279, § 2; L. 2014, ch.…

39-744. Transfer of powers, duties and functions. From and after January 1, 1974: (a) All the powers, duties and functions of the existing county social welfare boards and the existing county directors are hereby transferred to and conferred and imposed, respectively, upon the se…