Kan. Admin. Regs. § 129-7-65

Current through Register Vol. 43, No. 49, December 5, 2024

Section 129-7-65 - Notice to recipients of intended action

(a)

(1) "Adequate notice" shall mean a written notice that includes a statement of what action the agency intends to take, the reasons for the intended agency action, the specific policies supporting the action, an explanation of the individual's right to request a hearing, and the circumstances under which assistance is continued if a hearing is requested.

(2) "Timely" shall mean that a notice is mailed at least 10 days, including Saturdays, Sundays, and legal holidays, before the date upon which the action that is the subject of the notice would become effective.

(b) When the agency intends to take action to discontinue, terminate, suspend, or reduce assistance, timely and adequate notice shall be given by the agency, except as specified in subsections (c) and (d) of this regulation.

(c) Under any of following circumstances, timely notice shall not be required, but an adequate notice shall be sent by the agency not later than the date of action:

(1) The agency has factual information confirming the death of a recipient.

(2) The agency receives a clear, written statement signed by a recipient that the recipient no longer wishes assistance or that provides information requiring termination or reduction of assistance, and the recipient has indicated, in writing, an understanding that termination or reduction of assistance will be the consequence of supplying the information.

(3) The recipient has been admitted or committed to an institution, and further payments to that individual are not authorized by program regulations as long as the person resides in the institution.

(4) The recipient has been placed in a skilled nursing facility, an intermediate care facility, or a long-term care facility.

(5) The recipient's whereabouts are unknown, and agency mail directed to the recipient has been returned by the post office indicating no known forwarding address.

(6) The agency has established that a recipient has been accepted for assistance in a new jurisdiction.

(7) A child is removed from the home as a result of a judicial determination or has been voluntarily placed in foster care by the child's legal guardian.

(8) A change in the level of medical care is prescribed by the recipient's physician.

(9) A special allowance granted for a specific period is terminated, and the recipient was informed in writing when the allowance was granted that it would automatically terminate at the end of the specified period.

(10) The agency takes action because of information that the recipient furnished in a status report or because the recipient has failed to submit a complete or a timely status report.

(11) The recipient is disqualified due to fraud through any of the following:

(A) A court of appropriate jurisdiction;

(B) a disqualification hearing process in accordance with K.A.R. 30-7-102; or

(C) a waiver of an administrative disqualification hearing in accordance with K.A.R. 30-7-103.

(d) When the agency takes action to discontinue, terminate, suspend, or reduce medical coverage for a child who has been determined eligible for presumptive medical assistance as specified in K.A.R. 129-6-151 or K.A.R. 129-14-152, neither timely nor adequate notice shall be required.

Kan. Admin. Regs. § 129-7-65

Authorized by and implementing K.S.A. 2005 Supp. 75-7412; effective June 30, 2006.