Kansas Statutes 44-772. Unemployment insurance program information technology system; development; utilization of technology and features; deadline; inclusion of components, features and program integrity elements specified and defined by unemploymen…
Terms Used In Kansas Statutes 44-772
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Benefits: means the money payments payable to an individual, as provided in this act, with respect to such individual's unemployment. See Kansas Statutes 44-703
- employment: includes services described in paragraphs (i) and (ii) above only if:
(a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;
(b) the individual does not have a substantial investment in facilities used in connection with the performance of the services, other than in facilities for transportation; and
(c) the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. See Kansas Statutes 44-703
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fraud: Intentional deception resulting in injury to another.
- Fraud Alert: A key provision of the Fair and Accurate Credit Transactions Act of 2003 is the consumer's ability to place a fraud alert on their credit record. A consumer would use this option if they believe they were a victim of identity theft. Source: OCC
- Legacy: A gift of property made by will.
- secretary: means the secretary of labor. See Kansas Statutes 44-703
- State: includes , in addition to the states of the United States of America, any dependency of the United States, the Commonwealth of Puerto Rico, the District of Columbia and the Virgin Islands. See Kansas Statutes 44-703
(a) It is the intent of the legislature that, in order to accomplish the mission of collecting state employment security taxes, processing unemployment insurance benefit claims and paying benefits, the department of labor’s information technology system shall be continually developed, customized, enhanced and upgraded. The purpose of this section is to ensure the state’s unemployment insurance program is utilizing current technology and features to protect the sensitive data required in the unemployment insurance benefit and tax systems relating to program integrity, system efficiency and customer service experience.
(b) The legislature finds that, as a result of the vulnerabilities exposed in the legacy unemployment insurance system by the COVID-19 pandemic unemployment insurance crisis, a new system shall be fully designed, implemented and administered by the department of labor not later than December 31, 2022. The legislative coordinating council, upon consultation with the unemployment compensation modernization and improvement council established by Kan. Stat. Ann. § 44-771, and amendments thereto, may extend the deadline to a date certain and may further extend the deadline to another date certain at any time.
(c) The information technology system, technology and platform shall include, but not be limited to, any components as specified and defined by the unemployment compensation modernization and improvement council established by Kan. Stat. Ann. § 44-771, and amendments thereto, in consultation with the secretary.
(d) The new system shall include, but not be limited to, any features and benefits as specified and defined by the unemployment compensation modernization and improvement council established by Kan. Stat. Ann. § 44-771, and amendments thereto, in consultation with the secretary.
(e) The secretary shall implement and utilize all program integrity elements, as specified and defined by the unemployment compensation modernization and improvement council established by Kan. Stat. Ann. § 44-771, and amendments thereto, in consultation with the secretary, including, but not limited to:
(1) Social security administration cross-matching for the purpose of validating social security numbers supplied by a claimant;
(2) checking of new hire records against the national directorate of new hires to verify eligibility;
(3) verification of immigration status or citizenship and confirmation of benefit applicant information through the systematic alien verification for entitlement program;
(4) comparison of applicant information to local, state and federal prison databases through incarceration cross-matches;
(5) detection of duplicate claims by applicants filed in other states or other unemployment insurance programs through utilization of the interstate connection network, interstate benefits cross-match, the state identification inquiry state claims and overpayment file and the interstate benefits 8606 application for overpayment recoveries for Kansas claims filed from a state other than Kansas;
(6) identification of internet protocol addresses linked to multiple claims or to claims filed outside of the United States; and
(7) use of data mining and data analytics to detect and prevent fraud when a claim is filed, and on an ongoing basis throughout the lifecycle of a claim, by using current and future functionalities to include suspicious actor repository, suspicious email domains, foreign internet protocol addresses, multi-state cross-match, identity verification, fraud alert systems and other assets provided by the unemployment insurance integrity center.
(f) If the unemployment compensation modernization and improvement council becomes inactive or is dissolved and the new information technology system modernization project has been completed, the secretary shall implement and utilize all new program integrity elements and guidance issued by the United States department of labor and the national association of state workforce agencies, including the integrity data hub, within 60 days of the issuance of any such guidance.
(g) The secretary, on a scheduled basis, shall cross check new and active unemployment insurance claims against the cross-check programs described in subsection (e). If the secretary receives information concerning an individual approved for benefits that indicates a change in circumstances that may affect eligibility, the secretary shall review the individual’s case and act in accordance with the law.
(h) The department of labor shall have the authority to execute a memorandum of understanding with any department, agency or agency division for information required to be shared between agencies pursuant to the provisions of this section.
(i) The secretary of labor shall adopt rules and regulations necessary for the purposes of carrying out this section. Such rules and regulations shall be adopted within 12 months of the effective date of this act.
(j) The secretary of labor shall provide an annual status update and progress report regarding the requirements of this section to the unemployment compensation modernization and improvement council and the legislative coordinating council.
(k) This section shall be a part of and supplemental to the employment security law.