39-785. Definitions.
39-785
39-785. Definitions.As used in K.S.A. 21-3605, 39-709 and K.S.A. 39-785 to39-790, inclusive and amendments thereto:
(a) "Adult care home" means a nursing facility licensed under the adult carehome licensure act.
(b) "Excess shelter allowance" means, for the applicant or recipient'sspouse, the amount by which the sum of (1) the spouse's expense for rent ormortgage payment, including principal and interest, taxes and insuranceand, in the case of a condominium or cooperative, required maintenancecharges excluding utilities, for the spouse's principal residence, and (2)the standard utility allowance under section 5(e) of the food stamp act of1977, exceeds 30% of the maximum amount of income allowed under K.S.A.39-787 and amendments thereto.
(c) "Home and community based services" means those services providedunder the state medical assistance program under waivers as defined intitle XIX of the federal social security act in accordance with the planadopted under subsection (s) of K.S.A. 39-708c and amendments thereto torecipients who would require admission to an adult care home if suchservices were not otherwise provided.
(d) "Income" means earned income and unearned income as defined underthe state medical assistance program in accordance with the plan adoptedunder subsection (s) of K.S.A. 39-708c and amendments thereto to determineeligibility of applicants for medical assistance.
(e) "Institution" means an adult care home or a long-term care unit of amedical care facility.
(f) "Medical assistance" has the meaning provided under K.S.A. 39-702and amendments thereto.
(g) "Qualified applicant" means a person who (1) applies for medicalassistance and (2) is receiving long-term care in an institution or wouldbe eligible for home and community based services if receiving medical assistance.
(h) "Qualified recipient" means a person who (1) receives medicalassistance and (2) is receiving long-term care in an institution or isreceiving home and community based services.
(i) "Resources" means cash or other liquid assets or any real orpersonal property that an individual or spouse owns and could convert tocash to be used for such individual's support and maintenance. If theindividual has the right, authority or power to liquidate the property, orsuch individual's share of the property, it is a resource. If a propertyright cannot be liquidated, the property will not be considered a resourceof the individual or spouse.
(j) "Secretary" means the secretary of social and rehabilitation services.
(k) "Exempt income" means income which is not considered in determiningeligibility for medical assistance under the plan adopted under subsection(s) of K.S.A. 39-708c and amendments thereto.
(l) "Nonexempt income" means income which is considered in determiningeligibility for medical assistance under the plan adopted under subsection(s) of K.S.A. 39-708c and amendments thereto.
(m) "Exempt resources" means resources which are not considered indetermining eligibility for medical assistance under the plan adopted undersubsection (s) of K.S.A. 39-708c and amendments thereto.
(n) "Nonexempt resources" means resources which are considered indetermining eligibility for medical assistance under the plan adopted undersubsection (s) of K.S.A. 39-708c and amendments thereto.
(o) "Long-term care" means care which exceeds or is projected to exceedthree months, including the month care begins.
History: L. 1988, ch. 143, § 1;L. 1992, ch. 322, § 8; June 4.