2112 Minors

A minor for application purposes is anyone under 18 years of age. A minor’s capacity to act in his or her own behalf determines whether or not he or she is allowed to apply for assistance.

A minor is presumed to be legally incapable of acting in his or her behalf and therefore may not apply for himself or herself. However, a minor can act in his or her 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 8113.
  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.
  A referral is made to PPS 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 KanCare Clearinghouse Manager or designee and documented in the case record.
4. The minor is placed into independent living by DCF. In situations where the minor’s needs are being met by PPS or a foster care contractor, the minor cannot apply for his/her own needs but may apply on behalf of his/her child providing the child resides with the minor and is not in DCF custody.
5. The minor enters an approved transitional living program, such as MINK.
6. Reserved
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. Reserved
2. All medical programs -
  1. A court-appointed legal guardian/custodian, or conservator.
  2. A representative payee for the minor's Social Security benefits.
  3. A responsible adult, with whom the child resides, who meets the definition of a caretaker according to KFMAM 2110 and 2121.
    1. An adult with whom the minor resides and who claims, or intends to claim, the minor as a dependent on his or her federal income tax return.
    2. 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 KDHE. A completed Required Authorization for Medical Agent for Minor must be on record. This form is generated on KEES as Form #V075. This authorization is time-limited, and a new authorization form is required at each certification.
    3. 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.
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 4310 - Assistance Planning).

NOTE: Anytime a minor's health, safety, or current medical condition is judged to be at risk, a referral to PPS would be appropriate.
Facilitators - An individual may grant limited authority to a person who is assisting in the medical application process. This individual would not be a medical representative and may not apply on behalf nor sign an application for the minor or request a fair hearing on behalf of the minor. They may share and receive information concerning the case depending on the scope of authority granted. This individual would not be responsible for completing review forms or reporting changes. Their role would be confined to helping the individual with the application process.
A signed written authorization from an individual who meets the criteria of (1) or (2) above must be obtained. The KC-6200, Facilitator Authorization Form or Facilitator authorization section on the paper application form may be used for this purpose. Two witness signatures are required if the applicant/recipient signs with a mark.

For Facilitators, the length of appointment is dependent on the form used to appoint.
1. Six months from date of signature or through the application period, whichever is later, unless a specific date of expiration is provided by the individual. If a specific date of expiration is listed which exceeds six months, the appointment shall last through the date specified or twelve months from the date the form is signed, whichever is shorter.
2. Facilitator form within the KanCare paper application – Through the end of the application period.
NOTE: The application period is the month following the month of eligibility determination.
KC-6110, Release of Protected Health Information Form – An individual may grant a specific person or organization to share and receive information concerning the case. This does not give authority to act on behalf of the minor or request a fair hearing on behalf of the minor. A signed written authorization form must be obtained. The Release of Protected Health Information form may be used for this purpose and must be signed by an individual who meets the criteria of (1) or (2) above. The length of appointment shall be the date entered on line 8 of the form, or 12 months, whichever is shorter.