2018 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE .178 Enrollment or benefit tracking agency to receive information on recipients of Medicaid and food stamp benefits -- Memorandum of understanding with departments providing information -- Independent vendors -- Multistate cooperative -- Review when information indicates change in circumstances affecting recipient's eligibility -- Waiver of federal requirements relating to food stamps -- Rules and regulations -- Report. (Effective January 1, 2019)
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205.178 Enrollment or benefit tracking agency to receive information on recipients
of Medicaid and food stamp benefits -- Memorandum of understanding with
departments providing information -- Independent vendors -- Multistate
cooperative -- Review when information indicates change in circumstances
affecting recipient's eligibility -- Waiver of federal requirements relating to
food stamps -- Rules and regulations -- Report. (Effective January 1, 2019)
(1)
(2)
(3)
(4)
(5)
(6)
At a regularly scheduled interval, each enrollment or benefit tracking agency
associated with the Medicaid program or the food stamps program of the cabinet
shall receive and review information from the Kentucky Lottery Corporation
concerning individuals enrolled as recipients in the Medicaid program or the food
stamps program that indicates a change in circumstances that may affect eligibility,
including but not limited to changes in income or resources.
On at least a monthly basis, each enrollment or benefit tracking agency associated
with the Medicaid program or the food stamps program of the cabinet shall receive
and review information from the Vital Statistics Branch concerning individuals
enrolled in the Medicaid program or the food stamps program that indicates a
change in circumstances that may affect eligibility.
On at least a quarterly basis, each enrollment or benefit tracking agency associated
with the Medicaid program or the food stamps program of the cabinet shall receive
and review information from the Kentucky Division of Unemployment Insurance
concerning individuals enrolled in the Medicaid program or the food stamps
program that indicates a change in circumstances that may affect eligibility,
including but not limited to changes in employment or wages.
On at least a quarterly basis, each enrollment or benefit tracking agency associated
with the Medicaid program or the food stamps program of the cabinet shall receive
and review information concerning individuals enrolled in the Medicaid program or
the food stamps program that indicates a change in circumstances that may affect
eligibility, including but not limited to potential changes in residency as identified
by out-of-state electronic benefit transfer transactions.
(a) Notwithstanding any other provision of law to the contrary, each enrollment or
benefit tracking agency associated with the Medicaid program or the food
stamps program of the cabinet shall enter into a memorandum of
understanding with any department, agency, or division for information
detailed in this section.
(b) Notwithstanding any other provision of law to the contrary, any department,
agency, or division for information detailed in this section, including but not
limited to the Kentucky Lottery Corporation, the Vital Statistics Branch, the
Division of Unemployment Insurance, and the Department for Community
Based Services, shall enter into any necessary memoranda of understanding
with the enrollment or benefit tracking agency associated with the Medicaid
program or the food stamps program requesting an agreement pursuant to
paragraph (a) of this subsection.
Each enrollment or benefit tracking agency associated with the Medicaid program
or the food stamps program of the cabinet may contract with one (1) or more
independent vendors to provide additional data or information which may indicate a
change in circumstances that may affect eligibility.
(7) Each enrollment or benefit tracking agency associated with the Medicaid program
or the food stamps program of the cabinet shall explore joining any multistate
cooperative to identify individuals who are also enrolled in public assistance
programs outside of this state.
(8) If an enrollment or benefit tracking agency associated with the Medicaid program or
the food stamps program of the cabinet receives information concerning an
individual enrolled in the Medicaid program or the food stamps program that
indicates a change in circumstances that may affect eligibility, the enrollment or
benefit tracking agency or other appropriate agency shall review the individual's
case.
(9) The food stamps program of the cabinet shall not seek, apply for, accept, or renew
any waiver of requirements established under 7 U.S.C. sec. 2015(o) unless there is
an economic downturn resulting in an unemployment rate of ten percent (10%) or
more or the Cabinet for Health and Family Services determines an increase in the
unemployment rate in any particular county is severe enough to necessitate a
waiver.
(10) The cabinet shall promulgate all rules and regulations necessary for the purposes of
carrying out this section.
(11) On or before December 1 of each year, the Cabinet for Health and Family Services
shall submit a report relating to the number of individuals discovered utilizing
services inappropriately, the number of individuals who were removed from one (1)
or more public assistance programs as a result of a review pursuant to this section,
and the amount of public funds preserved in total and by public assistance program
and aggregated by prior years. This report shall be forwarded to the Interim Joint
Committees on Health and Welfare and Family Services and Appropriations and
Revenue of the Legislative Research Commission.
Effective: January 1, 2019
History: Created 2018 Ky. Acts ch. 141, sec. 1, effective January 1, 2019.
Legislative Research Commission Note (1/19/2019). In subsections (2) and (5)(b) of
this statute, a reference to "the Department for Vital Statistics" has been corrected in
codification to read "the Vital Statistics Branch." The Reviser of Statutes has made
this correction under the authority of KRS 7.136.
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