1322 - Verification Provisions

1322 Verification Provisions

Verification is the use of documentary evidence, collateral contacts, or home visits to establish the accuracy of statements on the application.

1322.1 Mandatory Verification That Affects Eligibility for Program Benefits

The worker shall verify the following information prior to approval for clients initially applying:

  1. Nonexempt Income - Non-exempt income shall be verified in the following manner:
    1. Gross Nonexempt Income - Gross nonexempt income shall be verified prior to approval. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate with the household and the worker, and all other sources of verification are unavailable, the worker shall determine an amount to be used based on the best available information. Also refer to 7110 for rules regarding the prospective budgeting of earned income.
    2. Zero Earnings - Verification of zero earnings is required in the following manner:
      1. MDN, MediKan, and MSP - For Medically Needy (MDN), MediKan, and Medicare Savings Programs (MSP – QMB, LMB and ELMB), it is necessary to verify the absence of earnings. This is applicable to all applicants and their spouse who do not report earnings, report non-wage income only, such as self-employment or unearned income, or fail to answer questions about their income. System interfaces will be checked to verify that no earnings exist. The Reasonable Compatibility Test will be used in Tier 2 to verify that no earnings exist. See 7123(2) for rules related to Reasonable Compatibility.
      2. LTC and WKH - For long term care (LTC) and Working Healthy (WKH), self-attestation is accepted. It is not necessary to access earned income interfaces when an individual reports that they do not have earned income or fails to answer questions about earned income on their application.
    3. Proof of End of Income - The following is applicable when processing a review or case change where the consumer has reported a source of income has ended.
      1. Unearned Income - For all programs, verification is required when an ongoing recipient reports a source of unearned income has ended. Verification is not requested from the consumer if information related to the end of unearned income can be obtained through an interface. Eligibility shall be denied or discontinued if the consumer fails to provide proof unearned income ended in response to a request from the agency.
      2. Earned Income - For all programs except Working Healthy (WKH), proof of the end of earned income is required when an ongoing recipient reports earned income has ended. Verification is not requested of the consumer if information related to the end of earned income can be obtained through Tier 2 or Tier 3 interfaces, as appropriate. See 1322.4. Eligibility shall be denied or discontinued if the consumer fails to provide proof earned income ended in response to a request from the agency.

        For Working Healthy (WKH) recipients, communication with the Working Healthy Benefits Specialist is necessary to determine when employment ended and whether a Temporary Unemployment Plan (TUP) is needed. See 2664.7.

    4. Earned Income – For all programs, earned income shall be verified under the tiered process as specified in 1322.4 (and subsections).
  2. Non-citizen Status - The worker shall determine from information on the application if individuals identified as non-citizens are eligible non-citizens, as defined in 2140 and subsections.
    1. Reserved
    2. Documentation of non-citizen status is required for each individual requesting Medical Assistance as described in 2145.

      The agency may not request verification of non-citizen status from the applicant or recipient if that information can be verified through an available resource. The agency shall make every effort to verify non-citizen status through those resources.

      NOTE: If the individual already has a DCF-verified record that results in a qualifying alien/immigration status and does not reflect a change in immigration status, this would be considered a Tier 1 verification per 2146.6.

      If the agency is unable to verify non-citizen status, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide verification and notified of the reasonable opportunity period. See 2146.6.

  3. Social Security Numbers - When an applicant who is required to apply for a Social Security number wishes to apply through the Social Security Administration, the individual shall be required to supply verification of application for the required SSN prior to the agency's certification of that individual unless the individual claims good cause or qualifies for exemption. The requirement to supply and verify an SSN does not apply to non-citizens who would only qualify for a non-work SSN, such as refugees, asylees, and special immigrants. Refer to 2133.

    When an applicant fails to provide an SSN or proof of application for an SSN, they may qualify for a Good Cause exception, see 2133.

    A copy of the Social Security Card is not required, and assistance cannot be denied for failure to provide the Social Security card when a number has been provided.

  4. Reserved
  5. Identity
    1. Reserved
    2. The identity of each person requesting coverage, who is claiming to be a U.S. citizen must be documented. See 2145.2. This requirement does not apply to the following individuals:
      • Current or former SSI recipients
      • Current or former Medicare beneficiaries
      • Current or former recipients of Social Security Disability benefits
      • Children in foster care or recipients of foster care maintenance
      • Children who are recipients of adoption assistance
      • Children born on or after July 1, 2006, to a Medicaid recipient as outlined in KFMAM 2320

      Identity for persons claiming to be non-citizens is accomplished through documentation provided under the requirements of 2146. All documents used to verify identity must be retained in the case file indefinitely per 1711(9). For persons exempt from the requirement due to SSI or Medicare status, verification of such status is required.

      The Reasonable Opportunity to Provide Documentation requirements of 2145.4 are also applicable to requests for identity verification.

      Acceptable documents and the hierarchical protocol for obtaining acceptable documents are described in the A-1, Non-Citizen Qualification Chart and as follows:

      1. Primary Document - a document that verifies both identity and citizenship (as described in 2145.2 and is further defined in the A-1, Non-Citizen Qualification Chart. The availability of a Primary Document shall be explored prior to using another identity document. A person born outside of the U.S. who is now a U.S. citizen, but was not a citizen at birth, must submit a Primary Document.
      2. Secondary Identity Document - a document that verifies identity only. The statement of the applicant/recipient that a Primary Document is not available is sufficient to seek a Secondary Document. However, if a primary document is not used, two different documents must be used to establish citizenship and identity.
      3. Additional Documents for Children Under Age 16 - Where Primary or Secondary documents are not available to verify identity, special documents may be used for children under 16.
      4. Declaration of Identity - As a final option, a written declaration may be used to establish identity for children under age 16 or disabled adults if no other documentation is available. If a declaration is used to establish citizenship it cannot be used for identity verification. Form item, P-7, Declaration of Identity – Child, and form Item P-9, Declaration of Identity – Disabled Adult, may be used for this purpose. The KanCare Clearinghouse manager must approve the declaration. The person making the declaration must:
        1. be a United States citizen
        2. sign the declaration under penalty of perjury in the presence of a witness, and
        3. for children, must be the parent, legal guardian, or caretaker relative of the child.
        4. for disabled adults, must be the director or administrator of a residential care facility where the individual resides.

        The signature of the parent, legal guardian, or caretaker relative made under penalty of perjury in the presence of a witness. When a declaration is used to establish identity, the original must be retained in the case file indefinitely.

        Any document which reasonably establishes identity shall be accepted and no requirement for a specific type of document, such as a birth certificate, will be imposed. If no such document is available, a collateral contact shall be made and documented in the case file.

      5. Multiple Documents - When none of the above items of identity are available, a client may submit three or more of the following documents as verification of identity:
        1. employer identification card
        2. high school or college diplomas, including GED
        3. marriage certificates
        4. property deeds/titles
        5. divorce decrees

        Multiple documents can only be used for identity if a second or third level of citizenship has been provided.

  6. Disability - Disability must be verified for persons requesting medical assistance under a disability program (see 2662) or requesting MediKan (see 2646).
  7. Reserved
  8. Reserved
  9. Resources
    1. All trust funds and accounts, including IDA's and annuities, are to be verified by providing a copy of the actual trust instrument as well as any supporting information necessary to establish the availability of the trust (e.g., bank ledgers documenting the value of the trust and wills funding the trust). In addition, all real property (excluding the home in which the applicant/recipient resides), stocks, bonds, and non-exempt retirement funds must be verified.
    2. Reported bank accounts shall be verified according to the tiered process described in 1322.4(2) for applications and 9333 for reviews.
    3. All burial agreements and plans, life insurance, checking accounts, savings accounts, debit card accounts, and other financial instruments must be verified prior to approval. Other resources, such as vehicles and resources involved in transfers of property, may be verified as the circumstances demand.

      NOTE: The balance of a Direct Express electronic debit account used for the deposit of federal benefits (Social Security, SSI, VA, Civil Service Annuities) need not be verified if the only monies in the account are from Social Security or SSI benefits, or the value of all countable resources, including the account, are not within $300 of the applicable resource limit.

  10. Reserved
  11. Citizenship

    Documentation of U.S. citizenship is required for each individual requesting medical assistance as described in 2145.2.

    The agency may not request verification of citizenship from the applicant or recipient if that information can be verified through an available resource. The agency shall make every effort to verify citizenship through those resources.

    If the agency is unable to verify citizenship, verification shall be waived and a three (3) month reasonable opportunity period for the individual to provide the information shall be applied. If otherwise eligible, the applicant may be approved for assistance. The individual shall be contacted to provide the information and notified of the reasonable opportunity period. See 2145.4.

1322.2 Mandatory Verification That Affects the Amount of Program Benefits

The following information shall be verified prior to a determination of the benefit amount for households initially applying or when an ongoing recipient reports a change. Failure to provide verification of these items is not grounds for denial or discontinuance, rather the determination would be completed without considering the reported information.

  1. Reserved
  2. Medical expense allowed in the medical assistance programs. The amount of any medical expenses shall be verified prior to being applied toward the applicant/recipient’s share of cost.
    1. Reserved
    2. All medical expenses used against spenddown, client obligation or patient liability are to be verified including responsibility and amounts of third party payments.

      Expenses direct billed to the fiscal agent by the medical provider are considered verified but are subject to review by KDHE-DHCF.

      In addition, non-medical household expenses used to determine the excess shelter deduction for spousal impoverishment income allocation 8144.2 (1) (b) and 8244.2 (2) shall be verified.

  3. Community Spouse Resource Assessment (CSRA) - Verification of all resources shall be requested to determine the Community Spouse Resource Assessment (CSRA). See 8144.1 (2) and 8244.1 (2). The CSRA shall be calculated based on the resources actually verified. Unverified resources shall not be included in the determination.

    When verification of resources is requested, the agency shall also provide notification that information not provided will not be included in the CSRA determination. In addition, the agency is also responsible for notifying the individual of any unverified resources not included in the CSRA once the allowance has been established. Applicants have until the later of 45-days from the date of application or 12-days from the date notification of the outcome of the CSRA was sent to provide unverified resource verification.

    NOTE: Information provided in this section does not absolve the individual from the responsibility to provide verification of any resources owned at the time the long term care arrangement began when the information is being used to determine eligibility. The information provided in this section only allows the eligibility worker to complete the CSRA. Any other reason for the eligibility determination, such as the determination that a transfer of property occurred, a determination of whether the resource is producing income, or the determination of the countable or exempt status of the resource, would require verification of the resources.

1322.3 Verification of Questionable Information

The worker shall verify all other factors of eligibility prior to approval only if they are questionable and affect the household's eligibility or benefit level. To be considered questionable, the information on the application must be inconsistent with other information on the application or previous applications or inconsistent with information received by the agency. When determining if information is questionable, the decision shall be based on each household's individual circumstances. Also see 1310 and 1320.

  1. Household Composition - If questionable, the worker shall verify any factors affecting the composition of a household.
  2. Reserved
  3. Resources - Other than as indicated in 1322.1 (9), resources are to be verified prior to approval only if inconsistent with other information on the application, previous applications, or other documented information, and the resource affects the household's eligibility. Inconsistent resource information shall be identified in the case record with sufficient documentation and verification to support the agency's action in the event of appeal or for Quality Assurance review.

 

At application and review, when verifying resource information through the Asset Verification Solution (AVS) as outlined in 1322.4(2) and 9333 respectively, if unreported bank accounts are found, additional verification shall be requested of the consumer if the account balance (in combination with all other countable, non-exempt resources) exceeds the applicable resource limit. Otherwise, contact with the consumer is not required to verify the unreported account and the AVS value is accepted.

1322.4 Special Verification Provisions

The following special verification provisions apply in determining the countable value of reported income, resources, expenses, and deductions.

  1. Income Verification - A four-tiered approach to verifying income needed to determine eligibility shall be used. This method means the agency will try to verify reported income information as much as possible before contacting the consumer for the information. The verification process will proceed in order from Tier 1 through Tier 4. It is acceptable to return to a prior Tier to verify information when a new self-attestation of income is received or when an administrative error is made. For example, when a Reasonable Compatibility test has already been completed in Tier 2, staff may return to Tier 2 to repeat the RC test when the consumer has clarified information or provides new information.
    1. Tier 1 - Reported information is verified through the use of a payer source interface (Federal Hub, Social Security, Unemployment Compensation, KPERS). Since this data comes directly from the source of the reported information, it is considered verified. Note: If there is a difference between the reported SSA or SSI amount and the amount verified through the Federal HUB, the Social Security interface (EATSS) may be accessed to resolve the discrepancy. Reported unearned income not verifiable through a payer source interface shall be verified as indicated in 1321 and subsections.

      Also included as a payor source for purposes of this section are pay stubs, or other comparable documentation voluntarily provided by the employee or employer at the time of application or request for assistance, which are sufficient to determine the countable amount of earned income without request for further verification. To be considered sufficient, the information provided must meet one of the following:

      1. All pay stubs received in the 30 days immediately preceding the date of application or request for assistance.
      2. pay stubs which allow calculation via year-to-date totals of gross earnings received in the 30 days immediately preceding the date of application or request for assistance.
      3. A written statement from the employer attesting to the employee’s gross earnings received in the 30 days immediately preceding the date of application or request for assistance, including the date(s) and frequency of payment; or
      4. Any other document or documents from either the employee or employer which verifies the total amount of gross earnings received by the employee in the 30 days immediately preceding the date of application or request for assistance.

        If the information voluntarily provided is sufficient to verify earned income, no further verification is required. The information voluntarily provided shall be used to determine the amount of earnings. If insufficient to verify the earned income, the information voluntarily provided is not considered a payor source.

        NOTE: If sufficient information as described above is not voluntarily provided at the time of application or request for assistance, eligibility staff shall not request pay stubs or additional information as part of the Tier 1 process. Verification shall proceed through the remaining Tiers 2 through 4, in order.

        See also 7123 (2) (Reasonable Compatibility), 7123 (3) (Budgeting Method), and 7241 (Deductions for MDN, QMB, LMB, QWD, and Working Healthy).

    2. Tier 2 - Reported information is verified through the use of a secondary non-payer source interface (i.e., The Work Number (TALX), Kansas Department of Labor (KDOL)). This data does not come directly from the source of the reported information but may be used for verification. Use of Tier 2 interfaces to verify earned income for Working Healthy (WKH) and Long Term Care (LTC) is not appropriate. See (c) and (d) below.
    3. Tier 3 - Manual research by the eligibility worker is required. This may include review of the Medical and Non-Medical case files, reconciling information received from Tier 2 interfaces, checking other available program information, and making collateral contacts. Any decision to verify reported information at this level must be thoroughly documented.

      In addition, the manual research shall progress through the following steps in the order listed:

      1. The Work Number - When the Work Number data is not successful in establishing reasonable compatibility for reported or no reported earned income in Tier 2, the interface data is used as outlined in 7123.2. If Work Number data is not available, proceed to researching the medical case file.
      2. Medical Case File - The medical case file shall be searched for hard copy verification of the reported information. If no hard copy information is found in the medical case file, proceed to the DCF images.
      3. Department for Children and Families (DCF) Images - A manual search of the DCF case records shall be completed for usable images to satisfy verification requirements if a consumer was part of a DCF case for a relevant time period. If verification cannot be obtained from DCF images, proceed to collateral contact.
      4. Collateral Contact - Collateral contact shall be made to verify the reported information, when deemed appropriate. If verification cannot be made via collateral contact, proceed to Tier 4 level verification.
    4. Tier 4 - As a last resort when the reported information cannot be verified through any other means, contact with the consumer is required. Normally a formal request for information will be sent to the consumer to provide verification. However, in some instances, a phone contact with the consumer may be sufficient.
  2. Resource Verification - A four-tiered approach to verifying resources to determine eligibility shall be used. This method means the agency will try to verify reported resource information as much as possible before contacting the consumer for the information.

    1. Tier 1 – Unlike income, there are no source interfaces to verify resources.  Tier 1 verification consists of hard copy documentation of the resource voluntarily provided by the individual or directly from the source at the time of application, review, or reported change. 

    2. Tier 2 – Reported information is verified through the use of a secondary non-source interface – the Asset Verification Solution (AVS).  This interface can only be used to verify bank account information in financial institutions.  It is not available for all other real or personal property. The use of the AVS for verification purposes shall be employed as described in 5120 concerning resource compatibility between reported and interface resource values. 

    3. Tier 3 – Manual research by the eligibility worker is required.  This may include review of the Medical and Non-Medical case files, reconciling information received from the Tier 2 interface, checking other available program information, and making collateral contacts.  Any decision to verify reported information at this level must be thoroughly documented.  

    4. Tier 4 – As a last resort when the reported information cannot be verified through any other means, contact with the consumer is required.  Normally a formal request for information will be sent to the consumer to provide verification.  However, in some instances, a phone contact with the consumer may be sufficient.

    5. Self-attestation – The value and status of resources may be accepted without further verification when the countable value of all resources exceeds the applicable resource limit for the medical assistance program.  The thoughtful and deliberate use of prudent person (see 1310) should be employed in making this determination. See Policy Memo 2018-10-01, re: SSI Termination and Verification of Resources and PM2024-06-01, re: Potential Resources and Resource Compatibility Changes for additional guidance.

      See also 1322.1 (9), 1322.3 (3), 9121.1, 9310.2 (3), and 9333 (2)(b).

  3. Expense Verification - Since there are no interface sources for verification of medical expenses (i.e., health insurance premiums, medical bills) or household expenses used to determine the excess shelter expense for spousal impoverishment income allocation [8144.2(1)(b) and 8244.2(2)], those expenses shall be verified as described in 1322.2(2).

  4. Prior Medical Period Verification -   For all medical assistance programs except long term care (LTC), verification of income and resources in a prior medical assistance period shall proceed as follows:   

    1. No Change Reported - If an individual requesting prior medical assistance reports that there has been no change in income or resources in the prior months from the application month, income and resources verified in the current period are considered verified in the prior period as well and will be budgeted for each of those months. 

    2. Change Reported - If the individual reports that there has been a change in income and/or resources in the prior period, verification of actual income and/or resources for each of the prior months must be obtained as indicated above. The verified actual income and/or resource amounts will be budgeted for each month of the prior period. 

      NOTE: The applicant must answer ‘yes’ or ‘no’ to the prior medical questions. These answers cannot be assumed. If responses are not provided, the prior medical determination cannot be completed.

  5. Verification of Pre-tax Income and Federal Deductions - When total reported income or federal deductions is over $300.00 per month, verification of deductions will be required for them to be used in the income determination.  If proof is not received, processing may be completed without them, and the applicant advised by notice that the amount was not used.  Eligibility may not be denied due to failure to provide proof of deductions.

    NOTE: When multiple individuals have combined pre-tax or federal deductions that total $300, verification of pre-tax deductions is needed for both individuals.

    Verification of pre-tax income and/or federal deductions will follow the tiered approach of earned income in 1322.4 (1) above.  Information on hand, such as the case file and TALX records must be used if available prior to requesting the information from the consumer.  Pay stubs must be no older than three months prior to the month of the application to be used.  Collateral contact with the employer may also be used but is not required.  If there is no available information on file, the information must be requested from the consumer as noted below:

    1. Pre-tax income deductions – Pay stubs from the last 30 days or a statement from the employer. 

    2. Federal/IRS deductions – Corresponding tax form or most recent tax return 

      NOTE: If based on the consumer’s self-attestation of both wages and deductions, the income will exceed guidelines for all programs, it is not necessary to request proof of the deductions.