39-787. Division of aggregate income authorized for purpose of determining medical assistance eligibility; conditions and limitations; written interspousal agreement; written statement of secretary of
39-787
39-787. Division of aggregate income authorized for purpose ofdetermining medical assistance eligibility; conditions and limitations;written interspousal agreement; written statement of secretary of socialand rehabilitation services; rules and regulations.(a) For the purpose of determining medical assistance eligibility pursuantto K.S.A. 39-709 and amendments thereto and the right to and obligation ofmedical support for the purposes of K.S.A. 39-709 and 39-719a, andamendments thereto, a qualified applicant or qualified recipient and suchapplicant's or recipient's spouse may divide their aggregate income,whether received jointly or singly, into separate shares as provided bythis section so that the spouse retains the first $9,000 plus any allowableexcess shelter allowance up to a maximum total of $14,400 of the aggregatenonexempt income. If a qualified applicant or qualified recipient and suchapplicant's or recipient's spouse so divide their aggregate income:
(1) Only the separate nonexempt income of the qualified applicant or qualifiedrecipient shall be considered in determining eligibility for medicalassistance: (A) If the applicant's or recipient's spouse is not applyingfor or receiving medical assistance, in the month following the month inwhich the applicant or recipient enters an institution to receive long-termcare or begins to receive home and community based services, or at any timethereafter; or (B) if the applicant or recipient and the applicant's orrecipient's spouse share the same residence and the applicant's orrecipient's spouse is applying for or receiving medical assistance, in theseventh month following the month in which the applicant or recipiententers an institution to receive long-term care or begins to receive homeand community based services, or at any time thereafter;
(2) the secretary of social and rehabilitation services, in determiningthe eligibility of the applicant or recipient for long-term institutionalcare or home and community based services, shall not take into accountthe separate nonexempt income of the applicant's or recipient's spouse and shall notrequire proof of adequate consideration for any assignment made in dividing income;
(3) of the annual income of the qualified applicant's or qualifiedrecipient's spouse, only that portion exceeding $9,000 plus any allowableexcess shelter allowance up to a maximum total of $14,400 shall be consideredto be available to the qualified applicant or qualified recipient for futuremedical support and the qualified applicant's or qualified recipient'sspouse shall have a duty of future medical support of the qualifiedapplicant or qualified recipient only to the extent that such spouse'sannual income exceeds $9,000 plus any allowable excess shelter allowance upto a maximum total of $14,400;
(4) neither the secretary nor the state may recover from the income ofthe qualified applicant's or qualified recipient's spouse, for futuremedical assistance provided to the qualified applicant or qualifiedrecipient: (A) Any amount in any calendar year when the income of suchspouse is less than $9,000 plus any allowable excess shelter allowance upto a maximum total of $14,400 or (B) an amount in any calendar year whichwould reduce such spouse's income to less than $9,000 plus any allowableexcess shelter allowance up to a maximum total of $14,400 for such calendar year; and
(5) the secretary's subrogation rights on behalf of the state shall besubject to the limitation of subsection (a)(4).
(b) A division of income pursuant to this section shall be evidenced bya written interspousal agreement, signed by both spouses or their personalrepresentatives, to divide income as provided by this section and to carryout the division. In the case of a qualified applicant, a notice of intentto divide income shall be filed with the secretary at the time ofapplication. In the case of a qualified recipient, such notice shall befiled with the secretary.
(c) The secretary of social and rehabilitation services shall furnish toeach qualified applicant or qualified recipient and such applicant's orrecipient's spouse, and any personal representative thereof, a clear andsimple written statement that the total income of the qualified applicantor qualified recipient and of the applicant's or recipient's spouse may bedivided hereunder and that, upon such a division, the spouse's income willnot be considered in determining eligibility of the applicant or recipientfor long-term institutional care or home and community based services andthe spouse shall be required to use only that portion of the spouse'sannual income which exceeds $9,000 plus any allowable excess shelterallowance up to a maximum total of $14,400 to provide future medicalsupport to the applicant or recipient.
(d) The secretary shall adopt such rules and regulations as necessary toimplement and enforce the provisions of this section.
History: L. 1988, ch. 143, § 3; May 1.