Title 907 | Chapter 020 | Regulation 075
SUPERSEDED
This document is no longer current.
907 KAR 20:075.Eligibility provisions and requirements regarding former foster care individuals.
Section 1.
Former Foster Care Eligibility Criteria. An individual between the age of nineteen (19) and twenty-six (26) years, who formerly was in foster care, and was receiving Medicaid benefits at the time the individual's age exceeded the foster care age limit shall be eligible for Medicaid benefits if the individual meets the requirements of this administrative regulation.Section 2.
Income Standard. There shall be no income standard for individuals between the age of nineteen (19) and twenty-six (26) years and who formerly were in foster care but aged out of foster care.Section 3.
Resource Standard. There shall be no resource standard for individuals between the age of nineteen (19) and twenty-six (26) years and who formerly were in foster care but aged out of foster care.Section 4.
Attestation of Having Aged Out of Foster Care.(1)
An individual between the age of nineteen (19) and twenty-six (26) years, who formerly was in foster care, and was receiving Medicaid benefits at the time the individual's age exceeded the foster care age limit, shall attest, during the application process, that the individual was receiving Medicaid benefits at the time that the individual reached the age which exceeded the foster care age limit.(2)
An individual who does not attest as established in subsection (1) of this section shall not be eligible for Medicaid benefits under this administrative regulation.Section 5.
Citizenship and Residency Requirements.(1)
The citizenship requirements established in 42 C.F.R. 435.406 shall apply.(2)
To satisfy the Medicaid:(a)
Citizenship requirements, an applicant or recipient shall be:1.
A citizen of the United States as verified through satisfactory documentary evidence of citizenship or nationality presented during initial application or if a current recipient, upon next redetermination of continued eligibility;2.
A qualified alien who entered the United States before August 22, 1996, and is:a.
Lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101;b.
Granted asylum pursuant to 8 U.S.C. 1158;c.
A refugee admitted to the United States pursuant to 8 U.S.C. 1157;d.
Paroled into the United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1) year;e.
An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);f.
Granted conditional entry pursuant to 8 U.S.C. 1153(a)(7), as in effect prior to April 1, 1980;g.
An alien who is granted status as a Cuban or Haitian entrant pursuant to 8 U.S.C. 1522;h.
A battered alien pursuant to 8 U.S.C. 1641(c);i.
A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;j.
On active duty other than active duty for training in the Armed Forces of the United States and who fulfills the minimum active duty service requirements established in 38 U.S.C. 5303A(d);k.
The spouse or unmarried dependent child of an individual described in clause i. or j. of this subparagraph or the unremarried surviving spouse of an individual described in clause i. or j. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304; orl.
An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); or3.
A qualified alien who entered the United States on or after August 22, 1996 and is:a.
Granted asylum pursuant to 8 U.S.C. 1158;b.
A refugee admitted to the United States pursuant to 8 U.S.C. 1157;c.
An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);d.
An alien who is granted status as a Cuban or Haitian entrant pursuant to 8 U.S.C. 1522;e.
A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;f.
On active duty other than active duty for training in the Armed Forces of the United States and who fulfils the minimum active duty service requirements established in 38 U.S.C. 5303A(d);g.
The spouse or unmarried dependent child of an individual described in clause e. or f. of this subparagraph or the unremarried surviving spouse of an individual described in clause e. or f. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304;h.
An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); ori.
An individual lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 who has earned forty (40) quarters of Social Security coverage; and(b)
Residency requirements, the applicant or recipient shall be a resident of Kentucky who meets the conditions for determining state residency pursuant to 42 C.F.R. 435.403.Section 6.
Provision of Social Security Numbers.(1)
Except as provided in subsections (2) and (3) of this section, an applicant for or recipient of Medicaid shall provide a Social Security number as a condition of eligibility.(2)
An individual shall not be denied eligibility or discontinued from eligibility due to a delay in receipt of a Social Security number from the United States Social Security Administration if appropriate application for the number has been made.(3)
An individual who refuses to obtain a Social Security number due to a well-established religious objection shall not be required to provide a Social Security number as a condition of eligibility.Section 7.
Institutional Status.(1)
An individual shall not be eligible for Medicaid if the individual is a:(a)
Resident or inmate of a nonmedical public institution except as established in subsection (2) of this section;(b)
Patient in a mental hospital or psychiatric facility unless the individual is:1.
Under age twenty-one (21) years of age; or2.
Under age twenty-two (22) if the individual was receiving inpatient services on his or her 21st birthday; or(c)
Patient in a nursing facility classified by the Medicaid program as an institution for mental diseases.(2)
An inmate shall be eligible for Medicaid during the period of time the inmate is admitted to a hospital if the inmate:(a)
Has been admitted to a hospital;(b)
Has been an inpatient at the hospital for at least twenty-four (24) consecutive hours; and(c)
Meets the Medicaid eligibility criteria established in this administrative regulation.Section 8.
Application Process, Initial and Continuing Eligibility Determination.(1)
An individual may apply for Medicaid benefits by:(a)
Using the Web site located at www.kynect.ky.gov;(b)
Applying over the telephone by calling:1.
1-855- 459-6328; or2.
1-855-326-4654 if deaf or hearing impaired;(c)
Faxing an application to 1-502-573-2007;(d)
Mailing a paper application to Office of Health Benefits Exchange, 12 Mill Creek, Frankfort, Kentucky 40601; or(e)
Going to the applicant's local Department for Community Based Services Office and applying in person.(2)
An individual shall attest in accordance with Section 4 of this administrative regulation when applying for Medicaid benefits.(3)
(a)
An application shall be processed (approved, denied, or a request for additional information sent) by the department or other entity involved in processing the given application within forty-five (45) days of application submittal.(b)
If a trusted source indicates that an applicant is incarcerated, a request for additional information shall be generated by the department or other entity involved in processing the application requesting verification of the applicant's incarceration dates or status.(c)
If an applicant fails to provide information in response to a request for additional information within forty-five (45) days of the receipt of the request, the application shall be denied.Section 9.
Adverse Action, Notice, and Appeals. The adverse action, notice, and appeals provisions established in 907 KAR 20:060 shall apply to former foster care individuals between the age of nineteen (19) and twenty-six (26) who aged out of foster care while receiving Medicaid coverage.HISTORY: (40 Ky.R. 1209; 1801; 2178; eff. 4-4-2014; Crt eff. 12-6-2019.)
907 KAR 20:075.Eligibility provisions and requirements regarding former foster care individuals.
Section 1.
Former Foster Care Eligibility Criteria. An individual between the age of nineteen (19) and twenty-six (26) years, who formerly was in foster care, and was receiving Medicaid benefits at the time the individual's age exceeded the foster care age limit shall be eligible for Medicaid benefits if the individual meets the requirements of this administrative regulation.Section 2.
Income Standard. There shall be no income standard for individuals between the age of nineteen (19) and twenty-six (26) years and who formerly were in foster care but aged out of foster care.Section 3.
Resource Standard. There shall be no resource standard for individuals between the age of nineteen (19) and twenty-six (26) years and who formerly were in foster care but aged out of foster care.Section 4.
Attestation of Having Aged Out of Foster Care.(1)
An individual between the age of nineteen (19) and twenty-six (26) years, who formerly was in foster care, and was receiving Medicaid benefits at the time the individual's age exceeded the foster care age limit, shall attest, during the application process, that the individual was receiving Medicaid benefits at the time that the individual reached the age which exceeded the foster care age limit.(2)
An individual who does not attest as established in subsection (1) of this section shall not be eligible for Medicaid benefits under this administrative regulation.Section 5.
Citizenship and Residency Requirements.(1)
The citizenship requirements established in 42 C.F.R. 435.406 shall apply.(2)
To satisfy the Medicaid:(a)
Citizenship requirements, an applicant or recipient shall be:1.
A citizen of the United States as verified through satisfactory documentary evidence of citizenship or nationality presented during initial application or if a current recipient, upon next redetermination of continued eligibility;2.
A qualified alien who entered the United States before August 22, 1996, and is:a.
Lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101;b.
Granted asylum pursuant to 8 U.S.C. 1158;c.
A refugee admitted to the United States pursuant to 8 U.S.C. 1157;d.
Paroled into the United States pursuant to 8 U.S.C. 1182(d)(5) for a period of at least one (1) year;e.
An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);f.
Granted conditional entry pursuant to 8 U.S.C. 1153(a)(7), as in effect prior to April 1, 1980;g.
An alien who is granted status as a Cuban or Haitian entrant pursuant to 8 U.S.C. 1522;h.
A battered alien pursuant to 8 U.S.C. 1641(c);i.
A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;j.
On active duty other than active duty for training in the Armed Forces of the United States and who fulfills the minimum active duty service requirements established in 38 U.S.C. 5303A(d);k.
The spouse or unmarried dependent child of an individual described in clause i. or j. of this subparagraph or the unremarried surviving spouse of an individual described in clause i. or j. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304; orl.
An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); or3.
A qualified alien who entered the United States on or after August 22, 1996 and is:a.
Granted asylum pursuant to 8 U.S.C. 1158;b.
A refugee admitted to the United States pursuant to 8 U.S.C. 1157;c.
An alien whose deportation is being withheld pursuant to 8 U.S.C. 1253(h), as in effect prior to April 1, 1997, or 8 U.S.C. 1231(b)(3);d.
An alien who is granted status as a Cuban or Haitian entrant pursuant to 8 U.S.C. 1522;e.
A veteran pursuant to 38 U.S.C. 101, 107, 1101, or 1301 with a discharge characterized as an honorable discharge and not on account of alienage;f.
On active duty other than active duty for training in the Armed Forces of the United States and who fulfils the minimum active duty service requirements established in 38 U.S.C. 5303A(d);g.
The spouse or unmarried dependent child of an individual described in clause e. or f. of this subparagraph or the unremarried surviving spouse of an individual described in clause e. or f. of this subparagraph if the marriage fulfills the requirements established in 38 U.S.C. 1304;h.
An Amerasian immigrant pursuant to 8 U.S.C. 1612(a)(2)(A)(v); ori.
An individual lawfully admitted for permanent residence pursuant to 8 U.S.C. 1101 who has earned forty (40) quarters of Social Security coverage; and(b)
Residency requirements, the applicant or recipient shall be a resident of Kentucky who meets the conditions for determining state residency pursuant to 42 C.F.R. 435.403.Section 6.
Provision of Social Security Numbers.(1)
Except as provided in subsections (2) and (3) of this section, an applicant for or recipient of Medicaid shall provide a Social Security number as a condition of eligibility.(2)
An individual shall not be denied eligibility or discontinued from eligibility due to a delay in receipt of a Social Security number from the United States Social Security Administration if appropriate application for the number has been made.(3)
An individual who refuses to obtain a Social Security number due to a well-established religious objection shall not be required to provide a Social Security number as a condition of eligibility.Section 7.
Institutional Status.(1)
An individual shall not be eligible for Medicaid if the individual is a:(a)
Resident or inmate of a nonmedical public institution except as established in subsection (2) of this section;(b)
Patient in a mental hospital or psychiatric facility unless the individual is:1.
Under age twenty-one (21) years of age; or2.
Under age twenty-two (22) if the individual was receiving inpatient services on his or her 21st birthday; or(c)
Patient in a nursing facility classified by the Medicaid program as an institution for mental diseases.(2)
An inmate shall be eligible for Medicaid during the period of time the inmate is admitted to a hospital if the inmate:(a)
Has been admitted to a hospital;(b)
Has been an inpatient at the hospital for at least twenty-four (24) consecutive hours; and(c)
Meets the Medicaid eligibility criteria established in this administrative regulation.Section 8.
Application Process, Initial and Continuing Eligibility Determination.(1)
An individual may apply for Medicaid benefits by:(a)
Using the Web site located at www.kynect.ky.gov;(b)
Applying over the telephone by calling:1.
1-855- 459-6328; or2.
1-855-326-4654 if deaf or hearing impaired;(c)
Faxing an application to 1-502-573-2007;(d)
Mailing a paper application to Office of Health Benefits Exchange, 12 Mill Creek, Frankfort, Kentucky 40601; or(e)
Going to the applicant's local Department for Community Based Services Office and applying in person.(2)
An individual shall attest in accordance with Section 4 of this administrative regulation when applying for Medicaid benefits.(3)
(a)
An application shall be processed (approved, denied, or a request for additional information sent) by the department or other entity involved in processing the given application within forty-five (45) days of application submittal.(b)
If a trusted source indicates that an applicant is incarcerated, a request for additional information shall be generated by the department or other entity involved in processing the application requesting verification of the applicant's incarceration dates or status.(c)
If an applicant fails to provide information in response to a request for additional information within forty-five (45) days of the receipt of the request, the application shall be denied.Section 9.
Adverse Action, Notice, and Appeals. The adverse action, notice, and appeals provisions established in 907 KAR 20:060 shall apply to former foster care individuals between the age of nineteen (19) and twenty-six (26) who aged out of foster care while receiving Medicaid coverage.HISTORY: (40 Ky.R. 1209; 1801; 2178; eff. 4-4-2014; Crt eff. 12-6-2019.)