Kansas Statutes 39-785. Definitions
Terms Used In Kansas Statutes 39-785
- Applicants: means all persons who, as individuals, or in whose behalf requests are made of the secretary for aid or assistance. See Kansas Statutes 39-702
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assistance: includes such items or functions as the giving or providing of money, food assistance, food, clothing, shelter, medicine or other materials, the giving of any service, including instructive or scientific. See Kansas Statutes 39-702
- Medical assistance: means the payment of all or part of the cost of necessary: (1) Medical, remedial, rehabilitative or preventive care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act and furnished by health care providers who have a current approved provider agreement with the secretary; and (2) transportation to obtain care and services that are within the scope of services to be provided under a medical care plan developed by the secretary pursuant to this act. See Kansas Statutes 39-702
- Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes personal and real property. See Kansas Statutes 77-201
- Recipient: means a person who has received assistance under the terms of this act. See Kansas Statutes 39-702
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- Secretary: means the secretary for children and families, unless otherwise specified. See Kansas Statutes 39-702
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
As used in Kan. Stat. Ann. § 21-5606, Kan. Stat. Ann. § 39-709 and Kan. Stat. Ann. §§ 39-785 to 39-790, inclusive, and amendments thereto:
(a) “Adult care home” means a nursing facility licensed under the adult care home licensure act.
(b) “Excess shelter allowance” means, for the applicant or recipient‘s spouse, the amount by which the sum of (1) the spouse’s expense for rent or mortgage payment, including principal and interest, taxes and insurance and, in the case of a condominium or cooperative, required maintenance charges excluding utilities, for the spouse’s principal residence, and (2) the standard utility allowance under section 5(e) of the food stamp act of 1977, exceeds 30% of the maximum amount of income allowed under Kan. Stat. Ann. § 39-787, and amendments thereto.
(c) “Home and community based services” means those services provided under the state medical assistance program under waivers as defined in title XIX of the federal social security act in accordance with the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto, to recipients who would require admission to an adult care home if such services were not otherwise provided.
(d) “Income” means earned income and unearned income as defined under the state medical assistance program in accordance with the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto, to determine eligibility of applicants for medical assistance.
(e) “Institution” means an adult care home or a long-term care unit of a medical care facility.
(f) “Medical assistance” has the meaning provided under Kan. Stat. Ann. § 39-702, and amendments thereto.
(g) “Qualified applicant” means a person who (1) applies for medical assistance and (2) is receiving long-term care in an institution or would be eligible for home and community based services if receiving medical assistance.
(h) “Qualified recipient” means a person who (1) receives medical assistance and (2) is receiving long-term care in an institution or is receiving home and community based services.
(i) “Resources” means cash or other liquid assets or any real or personal property that an individual or spouse owns and could convert to cash to be used for such individual’s support and maintenance. If the individual has the right, authority or power to liquidate the property, or such individual’s share of the property, it is a resource. If a property right cannot be liquidated, the property will not be considered a resource of the individual or spouse.
(j) “Secretary” means the secretary for aging and disability services.
(k) “Exempt income” means income which is not considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto.
(l) “Nonexempt income” means income which is considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto.
(m) “Exempt resources” means resources which are not considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto.
(n) “Nonexempt resources” means resources which are considered in determining eligibility for medical assistance under the plan adopted under subsection (s) of Kan. Stat. Ann. § 39-708c, and amendments thereto.
(o) “Long-term care” means care which exceeds or is projected to exceed three months, including the month care begins.