40-2134. Same; Kansas health policy authority duties; long-term care partnership policies, benefits of; duties of certain state agencies.
40-2134
40-2134. Same; Kansas health policy authorityduties; long-term care partnership policies, benefits of; duties of certainstate agencies.(a) Subject to the provisions of subsection (e), the Kansashealth policyauthority in conjunction with the Kansas department of insurance shallestablish a long-term care partnership program in Kansas to provide for thefinancing of long-term care through a combination of private insurance andmedical assistance. The long-term carepartnership program shall:
(1) Provide incentives for individuals to insure against the costs ofproviding fortheir long-term care needs;
(2) provide a mechanism for individuals to qualify for coverage under medicalassistance while having certain assets disregarded for eligibilitydeterminations and recovery; and
(3) reduce the financial burden on the state's medical assistance program byencouraging the pursuit of private initiatives using qualified long-term carepartnership insurance policies.
(b) An individual who is a beneficiary of a Kansas long-term care partnershipprogram policy shall be eligible for assistance under the state's medicalassistance program using the asset disregard as provided under subsection (e).
(c) The Kansas health policy authority shall pursue reciprocal agreementswith other states to extend the asset disregard to Kansas residents whopurchased long-term care partnership policies in other states that arecompliant with title VI, section 6021 of thefederal deficit reduction act of 2005, public law 109-171, and any applicablefederal regulations or guidelines.
(d) As provided under subsection (e), certain assets of an individual who hasreceived benefits from a qualified long-term care partnership policy shall notbe considered when determining:
(1) The individual's medical assistance eligibility; and
(2) any subsequent recovery by the state for a payment for medical servicesor long-term care services made by the medical assistance program on behalf ofthe individual.
(e) Under the individual's long-term care insurance policy if the individualis a beneficiary of a qualified long-term care partnership program policy atthe time the individual applies for benefits under the Kansas medicalassistance program, the assets an individual may own and retain under Kansasmedical assistance program and still qualifyfor benefits under the program shall be increased dollar-for-dollar for eachdollar paid out after the effective date of the state plan amendment, or afterthe issue date of a policy exchanged, whichever is later.
(f) If the long-term care partnership program established by this act isdiscontinued, any individual who purchased a Kansas long-term care partnershipprogram policy before the date the program was discontinued shall be eligibleto receive asset disregard if allowed as provided by title VI, section 6021 ofthe federal deficit reduction act of 2005, public law 109-171.
(g) The Kansas health policy authority, the department of social andrehabilitation services, the department on aging and the department ofinsurance shall post, on their respective websites, information on how toaccess the national clearinghouse established under the federal deficitreduction act of 2005, public law 109-171, when the nationalclearinghouse becomes available to consumers.
History: L. 2008, ch. 51, § 3; July 1.