2120 Cooperation - The client must cooperate with all program requirements. In addition, the client shall cooperate with the agency in the establishment of eligibility including providing necessary information, reporting changes, as required, cooperating in the application process, cooperating in quality assurance reviews, and, for cash and medical purposes, cooperating in obtaining resources.
2121 Supplying Information - The client (or ineligible caretaker) shall supply information essential to the establishment of eligibility; give written permission on prescribed forms for release of information regarding resources when needed; and report changes in circumstances in accordance with 9121 or 9122 as appropriate.
Failure to provide information necessary to determine eligibility shall result in ineligibility. However, the agency may not terminate or deny assistance solely because the client or caretaker refuses to cooperate with or consent to a home visit. A case which has been closed for failure to provide information is to be reinstated when the required information is provided by the end of the month following the effective date of closure and all other eligibility requirements are met. Refer to 1423.
2122 Application and Review Process - To determine eligibility, the application form must be completed and signed, and certain information on the application must be verified. If denied or terminated for refusal to cooperate, the client may reapply but shall not be determined eligible until he or she cooperates.
The client shall also be determined ineligible if he or she refuses to cooperate in any subsequent review of its eligibility, including reviews generated by reported changes and recertification. For medical, the formal review requirement does not apply to pregnant women and children under the age of 1 who have continuous eligibility under the Medicaid program or are eligible under the SI program.
2123 Reserved
2124 Potential Resources- A client shall cooperate with the agency to obtain potential resources. See Policy Memos 2002-12-03, re: Spousal Elective Share and 2018-07-01, re: Spousal Elective Share Filing Requirement. The client is required to take action to:
obtain any resources due such
client with respect to whom assistance is claimed; and
obtain any income due such client
with respect to whom assistance is claimed, except for CTM; and
identify and provide information to assist the agency in pursuing any third party who may be liable to pay for medical services under the medical programs.
2124.1 Requirements - The client is required to take any necessary action to acquire potential resources. In many instances, legal action may be necessary. In general, any source must be considered. It is the responsibility of the client to demonstrate all required actions have been taken to make the resource available. The special situations listed below are applicable:
1. The client must cooperate with the Medical Subrogation Unit as well as cooperate with the requirements of the Health Insurance Premium Payment System (HIPPS) including enrollment in the employer health insurance plan if cost effective. (See 2912.)
2. A pregnant woman is not required to pursue unemployment compensation (UC) for medical programs. In either situation cooperation is required when the postpartum period as defined in KFMAM expires.
3. Persons may not be rendered ineligible for failure to apply for or receive SSI benefits unless qualifying for MediKan per 2181.
4. Recipients who are, or have been, married are expected to fully pursue any spousal elective share rights when the current or former spouse dies. Under Kansas law, a spouse is entitled to a portion of the augmented estate (generally any estate less the homestead). If all resources do not properly pass onto the surviving spouse at the time death, the surviving spouse may file a probate claim to obtain the allowed spousal share. Failure to pursue any spousal elective share rights shall result in ineligibility.
The surviving spouse must file for his/her elective share within 6 months of the date of death to protect a claim. For purposes of this section, the surviving spouse must provide verification within 60 days of the date of death that he/she has either filed a claim or is taking positive action to file a claim. If timely verification is not provided, eligibility may be denied or discontinued. If timely verification is provided, the agency shall continue to monitor the case until the claim has been fully adjudicated by the court.
Legal staff in the Estate Recovery Unit (ERU) are available to assist with technical details regarding potential actions. All cases involving potential spousal elective share issues shall be referred to ERU. When spousal rights have been forfeited a transfer of property penalty may be applied (see 5722).
For additional guidance, see Policy Memo 2002-12-03, Spousal Elective Share and Policy Memo 2018-07-01 Spousal Elective Share Filing Requirement.
5. Reserved
2124.2 Failure
to Comply - Failure to meet these requirements without good cause
shall:
Reserved
Render the client ineligible for assistance. However, minor children will not be impacted by a caretaker's failure to meet these requirements on behalf of himself or the minor.
If the client is cooperating in obtaining the identified potential resource, assistance shall continue.