2000 - GENERAL ELIGIBILITY REQUIREMENTS

 

This section describes non-financial eligibility requirements which are common to all programs as well as those general program criteria specific to each. Assistance can only be provided when all applicable requirements have been met for a particular program.

 

2100 REQUIREMENTS COMMON TO ALL OR MOST PROGRAMS

 

2110 Act in Own Behalf - The client must be legally capable of acting in his or her own behalf.

 

2111 Legally Incapacitated Persons - Legally incapacitated persons are not eligible to receive assistance unless such assistance is applied for by a guardian or conservator. For medical applications taken on behalf of adults who have not been determined as legally incapacitated, the spouse, conservator, guardian, personal representative (as defined in 1522, legal custodian, person with a durable power of attorney, or representative payee for Social Security benefits shall be regarded as having the authority to act and make application in the adult's behalf. If some other person is making the application, the signed written consent of the person for whom they are applying must be obtained. The medical representative authorization on the back of the application/redetermination form shall be used for this purpose and must be signed by the applicant and at least one witness. In rare instances where obtaining written consent is not possible, the application shall be accepted and an effort should be made to have a guardian or conservator appointed for the individual by referring the matter to Social Services. For example, an individual may have been involved in a recent auto accident and is in a coma. Rather than deny or delay assistance because an appropriate person is not available to apply for the individual or is unable to get the individual's written consent, the application can be taken and eligibility determined while efforts are made to appoint a guardian or conservator if appropriate. Where someone other than a spouse, guardian, conservator, personal representative, legal custodian, durable power of attorney, or representative payee for Social Security benefits has been given authority to act in the applicant's behalf, all notices must still be sent to the applicant/recipient. A copy of the notices can be sent to the authorized medical representative as well.

 

2112 Minors
 

  1.  Minors can act in their own behalf and receive assistance only under one of the following circumstances:
     

    1. A court has emancipated the minor by bestowing the rights of majority upon the minor. Such an individual is legally an adult.
       

    2. The minor is age 16 or 17 and is or has been married.
       

    3. There is no caretaker exercising parental control over the child or willing to assume parental control and one of the following circumstances exist:
       

      1. The parents of the minor are institutionalized per 4140.
         

      2. The minor has no parent who is living or whose whereabouts is known.
         

      3. The health and safety of the minor has or would be jeopardized by remaining in the household with the minor's parents or other caretakers. Such status must be documented by an independent source such as social services, law enforcement, religious authorities or a battered person's shelter.

        If local arrangements are made between EES and Children and Family Services (CFS), a referral may be made to CFS for assistance in determining the status of the minor's parents or other caretakers and any health and safety issues that would exist in such living arrangements. The determination of a minor's ability to act in own behalf under this provision must be approved by the EES Program Administrator or designee and documented in the case record.
         

    4. The minor is placed into independent living by SRS (If the minor's needs are being met by CFS or a foster care contractor, the minor may only apply on behalf of his/her child).
       

    5. The minor enters an approved transitional living program, such as MINK.
       

    6. The minor enters Job Corps or another approved adult-supervised living arrangement, and the EES Program Administrator or designee, on a case-by-case basis, determines it is in the best interests of the minor to allow the minor to apply in his or her own behalf. This decision must be documented in the case record.

      Once a minor approved to act in his or her own behalf leaves the group living arrangement, the EES Program Administrator or designee must determine if it continues to be in the minor's best interests to act on his or her own behalf and document the decision in the case record.

      The EES Program Administrator's approval is required only if the minor does not qualify to act in his or her own behalf based on one of the categories in a through (e) above.
       

  2. Minors who are unable to act in their own behalf are not eligible to receive assistance unless such assistance is applied for by a person meeting one of the following criteria:
     

    1. All programs Except Medical


      1. A parent or caretaker (as defined in 2220, 2221, 2222, and 2223). This includes an adult mandatory filing unit member in the situations noted in 2220.    
         
      2. An adult household member (Food Stamps Only).
         
      3. A personal representative as defined in 1522 (General Assistance Only).

    2. For Medical only -
       
      1. A court-appointed legal guardian, custodian, or conservator.

      3. A representative payee for the minor’s Social Security benefits.

      5. A responsible adult, with whom the child resides, who meets the definition of a caretaker according to 2110.

      7. A responsible adult, with whom the child resides, who does not meet any of the above criteria can apply for the minor child if they are appointed as the authorized agent by the minor’s parent or legal guardian. This authorization is only for purposes of application and maintenance of the minor child’s medical assistance case with the Kansas Health Policy Authority and SRS. A completed ES-3108 - Appointment of Authorized Agent for Minor must be on record. This authorization is time-limited and a new authorization form is required at each certification.

      8. If the child’s parent or legal guardian cannot be located to assign an authorized agent, the relationship of the responsible adult to the child must be confirmed or substantiated. An individual’s statement and two corroborative pieces of evidence shall meet the burden of proof unless there is an independent reasonable basis to doubt the veracity of the statement. Corroborative evidence may include but is not limited to a written statement from a public or private licensed social agency, clergy, attorney, school official, medical provider, or other professional.

        This confirmation is time-limited. New verification is required at each certification.


    An individual who meets one of the medical assistance only criteria may also request prior medical coverage for the child. This is true even if the individual did not meet the criteria or was not living with the child during the prior medical period. However, eligibility shall be determined based upon the child's situation in the month (see 4300 - Assistance Planning).

    Note:  Anytime a minor’s health, safety, or current medical condition is judged to be at risk, a referral to Children and Family Services would be appropriate.