Title 921 | Chapter 002 | Regulation 017
PREVIOUS VERSION
The previous document that this document is based upon is available.
921 KAR 2:017.Kentucky Works Program (KWP) supportive services.
Section 1.
Definitions.(1)
"Approved KWP activity" means participation in a countable activity in accordance with 921 KAR 2:370, Section 2(1)(c).(2)
"Component" means a service or activity in accordance with 921 KAR 2:370, Section 2(1)(c).(3)
"Component preparation" means the period in which assessment, testing, completion of the transitional assistance agreement in accordance with 921 KAR 2:370, and referral for removal of barriers takes place.(4)
"Improper payment" is defined by KRS 45.237(1)(f).(5)
"Kentucky Transitional Assistance Program" or "KTAP" means the program established in 921 KAR 2:006.(6)
"Kentucky Works Program" or "KWP" means the program established in 921 KAR 2:370.(7)
"Precomponent" means a waiting period between the dates of component assignment and component commencement.(8)
"Work-eligible individual" is defined by 45 C.F.R. 261.2(n).Section 2.
Kentucky Works Program (KWP) Participation and Supportive Services Payment. The cabinet shall make a payment for a supportive service cost:(1)
For an individual participating in the KWP, except for the restrictions established in Section 12(2) of this administrative regulation;(2)
Necessary for participation in an approved KWP activity; and(3)
To the extent funds are available.Section 3.
Transportation. Transportation reimbursement shall be paid in the following situations:(1)
Precomponent;(2)
Component preparation; or(3)
Component participation.Section 4.
Transportation Payment Amount and Authorization.(1)
(a)
To the extent funds are available, payment for transportation pursuant to paragraph (b) or (c) of this subsection shall be provided for an individual participating in an approved KWP activity, if:1.
Free transportation that meets the needs of the work-eligible individual is unavailable; and2.
The individual is required to incur a transportation expense in order to participate.(b)
If a need for transportation reimbursement for six (6) days or more is determined, a direct payment of $300 per month to the individual shall be made through the Online Tracking Information System (OTIS).(c)
If a need for transportation reimbursement for five (5) days or less is determined, a payment of fifty (50) dollars per month to the individual shall be made through the OTIS.(2)
A payment shall be issued in accordance with 921 KAR 2:050.(3)
In precomponent, if necessary to guarantee that the transportation arrangement shall be maintained, a transportation payment shall be provided for the period of up to:(a)
Two (2) weeks prior to the scheduled start of component activity; or(b)
One (1) month during a break in component activity if subsequent component activity is scheduled to begin within that period.Section 5.
Restriction on Authorization of a Transportation Payment. A transportation payment shall not be made if the work-eligible individual is not in compliance with a KWP activity, in accordance with 921 KAR 2:370.Section 6.
Other Supportive Services.(1)
To the extent funds are available, the cabinet shall provide other supportive services to a work-eligible individual if necessary for the individual's participation in the approved KWP activity for:(a)
Component preparation;(b)
Component participation while the KTAP case remains active; or(c)
Acceptance of a new job or retention of an existing one if the parent or other adult:1.
Has accepted employment and a start date of employment is provided, except if an item is required as a condition of being hired by the employer; or2.
Is employed.(2)
If requirements of subsection (1) of this section are met, the cabinet may approve an item or service needed by the work-eligible individual for participation in a KWP activity, such as:(a)
A drug screening test fee;(b)
Up to three (3) uniforms for employment, if:1.
Not reimbursable by the employer; and2.
The work-eligible individual provides an estimate;(c)
One (1) suitable interview outfit for pre-employment purposes;(d)
Required clothing or shoes particular to a service, profession, or company, if:1.
Not reimbursable by the employer; and2.
The work-eligible individual provides an estimate;(e)
School supplies and books for the KWP participant;(f)
A licensing fee, which includes:1.
Exam costs required to obtain a professional license or certificate; or2.
Driver's license fee;(g)
A timepiece necessary for employment or training;(h)
The cost to obtain or renew a photo identification;(i)
The cost of a criminal records check fee, if required by the provider or employer;(j)
A driver's education class fee; or(k)
Tools required for employment.(3)
Payment for other supportive services shall be limited to a cumulative total of $600 per individual in a twelve (12) month period, beginning with the first day the initial form "KW-32, Authorization for Supportive Services Payments", is issued to the work eligible individual.(4)
A penalized or sanctioned work-eligible individual shall not be eligible for other supportive services.(5)
A retroactive payment for other supportive services shall not be made for an item purchased by a penalized or sanctioned work-eligible individual who later cures the penalty. After the individual cures the penalty or sanction, an eligible expense may be authorized.(6)
Except in accordance with Section 7 of this administrative regulation, a medical service or item shall not be an allowable supportive service.Section 7.
Allowable Medical Service or Item. To the extent that non-Temporary Assistance for Needy Families (TANF) funding is available, the purchase of the following item or service shall be allowed for a work-eligible individual, if needed for participation in the KWP activity and not reimbursable through Medicaid and limited to:(1)
Eyeglasses or corrective lens;(2)
Dentures;(3)
Hearing aids; and(4)
Medical service or item required as a condition of employment.Section 8.
Vehicle Repairs.(1)
If a free service for vehicle repairs, including a vocational school automotive program, is unavailable that meets the needs of the work-eligible individual, a vehicle repair expenditure shall be provided, to the extent funds are available, if necessary for participation in the approved KWP activity of:(a)
Component preparation; or(b)
Component participation, including employment while the KTAP case remains active. If a KWP participant requests a vehicle repair expenditure prior to KTAP case discontinuance, but the request is not processed by the cabinet prior to discontinuance and the participant is otherwise eligible, the discontinued KWP participant shall be eligible for vehicle repair assistance.(2)
A vehicle repair expense shall meet the following criteria to be considered for payment:(a)
A vehicle repair that makes the vehicle functional;(b)
Property tax on the vehicle;(c)
Vehicle registration;(d)
Licenses fee;(e)
Up to six (6) months coverage of liability insurance for the work-eligible individual to drive a vehicle;(f)
A new or used automotive part to be purchased by the work-eligible individual to make the vehicle functional; or(g)
Other vehicle expense needed by the work-eligible individual that would allow participation in the KWP activity.(3)
Prior to the approval of a vehicle repair expenditure listed in subsection (2) of this section, the work-eligible individual shall provide an estimate of the cost.(4)
Vehicle repair work shall:(a)
Be completed by a garage, unless the repair is completed by a vocational school automotive program; or(b)
Be the responsibility of the work-eligible individual if a payment is made for a new or used automotive part as specified in subsection (2)(f) of this section.(5)
Prior to approval of a vehicle repair expenditure, the cabinet shall verify the work-eligible individual owns the vehicle.(6)
The restrictions on authorization and verification of a supportive service payment described in Section 12 of this administrative regulation shall apply to a vehicle repair expense and payment.(7)
Payment for vehicle repairs shall be limited to a cumulative total of $3,000 per eligible family during a twelve (12) month period, beginning with the first day of the month in which the initial payment is issued.Section 9.
Short-term Training. To the extent funds are available, a fee for a short-term training program shall be eligible for payment for a work-eligible individual if the training program is:(1)
Not eligible for federal financial aid; and(2)
Likely to lead to paid employment, in accordance with:(a)
The work-eligible individual's transitional assistance agreement; and(b)
921 KAR 2:370.Section 10.
Required Fees.(1)
To the extent funds are available, the following payment may be made for a work-eligible individual in compliance with KWP requirements:(a)
A training registration fee;(b)
Financial aid application fee;(c)
Testing fee;(d)
Application fee required by a vocational school for a specified program;(e)
Liability insurance fee;(f)
Copy of records fee;(g)
Activity fee if mandated by the institution; or(h)
Other required fee.(2)
Required fees shall not exceed $400 per payment.Section 11.
Educational Bonus.(1)
An educational bonus of $500 per individual shall be paid to a KTAP adult or child who reports and verifies:(a)
Receiving a:1.
High school diploma;2.
GED certificate; or3.
Postsecondary school certificate or degree; or(b)
Graduating from English as a second language (ESL) class.(2)
A short-term training program shall not qualify for postsecondary education.(3)
A KTAP adult or child shall be limited to only one (1) payment for:(a)
Receiving a postsecondary certificate or degree; or(b)
Graduating from an English as a second language (ESL) class.(4)
A KTAP adult or child shall earn the diploma, certificate, or degree while receiving KTAP.(5)
A KTAP applicant or recipient shall be advised of the educational bonus and be reminded of available work incentives:(a)
During application;(b)
At recertification; and(c)
Through periodic mailings.Section 12.
Restrictions on Authorization of Supportive Service Payments.(1)
(a)
To verify an expense and authorize a supportive service payment, except as provided in Section 5 of this administrative regulation, the KW-32 form shall be completed.(b)
A KW-32 shall be valid for thirty (30) calendar days from the date issued by the cabinet.(2)
A payment shall not be made for the period during which:(a)
A valid KW-32 form is not returned; or(b)
The work-eligible individual is:1.
Penalized for noncompliance with a KWP activity, as specified in 921 KAR 2:370; or2.
Ineligible.(3)
A supportive service payment shall be issued in accordance with 921 KAR 2:050.Section 13.
Hearings and Appeals. An applicant or recipient of KWP supportive services who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing in accordance with 921 KAR 2:055.Section 14.
Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.Section 15.
Incorporation by Reference.(1)
The "KW-32, Authorization for Supportive Services Payments", 09/22, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.HISTORY: (20 Ky.R. 2285; eff. 3-14-1994; Am. 21 Ky.R. 131; eff. 8-17-1994; 2808; 7-26-1995; 24 Ky.R. 1166; 1733; eff. 3-16-1998; 25 Ky.R. 2006; 2621; 2911; eff. 6-16-1999; Recodified from 904 KAR 2:017, 7-8-1999; 26 Ky.R. 1724; 1978; eff. 6-12-2000; 29 Ky.R. 827; 1663; eff. 12-18-2002; 32 Ky.R. 775; 1114; eff. 1-6-2006; 35 Ky.R. 1341; eff. 3-11-2009; 36 Ky.R. 1372; eff. 3-5-2010; 37 Ky.R. 1901; eff. 4-1-2011; 42 Ky.R. 588; eff. 11-18-2015; 49 Ky.R. 918; eff. 2-16-2023.)
MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 6, 2022
FILED WITH LRC: September 12, 2022 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by November 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until November 30, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin, Staff Assistant
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes eligibility criteria regarding supportive services for the Kentucky Works Program (KWP). KWP is the work program for participants in the Kentucky Transitional Assistance Program (KTAP).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the eligibility and issuance criteria of supportive services for the Kentucky Works Program (KWP).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. This cabinet has responsibility under 45 C.F.R. 260-265 to implement the federal Temporary Assistance for Needy Families (TANF) program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing eligibility and issuance criteria for the supportive services of the Kentucky Works Program (KWP).
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment changes the existing administrative regulation by updating companion program names, modernizes language consistent with other KTAP administrative regulations in process, and updates the financial assistance amounts provided to individuals who have needs relating to transportation, vehicle repairs, and fees in order to participate in a KWP activity. The KW-32 form incorporated by reference is being amended to update the total cost of items and support services.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order to utilize federal funding in providing KTAP and resources for individuals to participate in the Kentucky Works Program. This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the authorizing statutes by maintaining standards for program eligibility, supportive service issuance requirements, and compliance.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment allows for greater utilization of the TANF-funded Kentucky Works Program (KWP) in Kentucky.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) administers this program throughout Kentucky’s 120 counties.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are no additional requirements included for Kentucky Works Program participants.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
DCBS will have minor costs associated with data system changes. Costs to the agency related to supports provided are funded by the federal TANF Block Grant. There are no costs to KWP participants.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Greater supports related to required transportation will be provided.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is anticipated to be only minor data system costs associated with this amendment. The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(b) On a continuing basis:
The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding required by this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 260-265, 42 U.S.C. 601-619
(2) State compliance standards.
KRS 194A.050(1), 205.200(2), 205.2003(1)
(3) Minimum or uniform standards contained in the federal mandate.
Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation by administering this program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. Parts 260-265, 42 U.S.C. 601-619, KRS 194A.050(1), 205.200(2), 205.2003(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This program does provide assistance to eligible low-income individuals participating in the Kentucky Works Program and this assistance will likely be spent in their local communities. The amount of revenue depends on program participation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This program does provide assistance to eligible low-income individuals participating in the Kentucky Works Program and this assistance will likely be spent in their local communities. The amount of revenue depends on program participation.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer these programs in the first year.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer these programs in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not generated by this administrative regulation, but it also does not require costs from regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact or a negative or adverse economic impact on any parties, but rather provides supports for eligible, working individuals.
921 KAR 2:017.Kentucky Works Program (KWP) supportive services.
Section 1.
Definitions.(1)
"Approved KWP activity" means participation in a countable(2)
"Component" means a service or activity in accordance with 921 KAR 2:370, Section 2(1)(c).(3)
"Component preparation" means the period in which assessment, testing, completion of the transitional assistance agreement(4)
(5)
"Improper payment" is defined by KRS 45.237(1)(f)(5)(6)
"Kentucky Transitional Assistance Program" or "KTAP"(6)(7)
"Kentucky Works Program" or "KWP" means the program established in 921 KAR 2:370(7)(8)
"Precomponent" means a waiting period between the dates of component assignment and component commencement.(8)(9)
(10)
"Work-eligible individual" is defined by 45 C.F.R. 261.2(n).Section 2.
Kentucky Works Program (KWP) Participation and Supportive Services Payment. The cabinet shall make a payment for a supportive service cost:(1)
For an individual participating in the KWP, except for the restrictions established(2)
Necessary for participation in an approved KWP activity; and(3)
To the extent funds are available.Section 3.
Transportation. Transportation reimbursement shall be paid in the following situations:(1)
Precomponent;(2)
Component preparation; or(3)
Component participation.Section 4.
Transportation Payment Amount and Authorization.(1)
(a)
To the extent funds are available, payment for transportation pursuant to paragraph (b) or (c) of this subsection shall be provided for an individual participating in an approved KWP activity, if:1.
Free transportation that meets the needs of the work-eligible individual is unavailable; and2.
The individual is required to incur a transportation expense in order to participate.(b)
If a need for transportation reimbursement for six (6)(c)
If a need for transportation reimbursement for five (5) days or less(2)
A payment shall be issued in accordance with 921 KAR 2:050.(3)
In precomponent, if necessary to guarantee that the transportation arrangement shall be maintained(a)
Two (2) weeks prior to the scheduled start of component activity; or(b)
One (1) month during a break in component activity if subsequent component activity is scheduled to begin within that period.Section 5.
Restriction on Authorization of a Transportation Payment. A transportation payment shall not be made if the work-eligible individual is not in compliance with a KWP activity, in accordance with 921 KAR 2:370.Section 6.
Other Supportive Services.(1)
To the extent funds are available, the cabinet shall provide other supportive services to a work-eligible individual if necessary for the individual's participation in the approved KWP activity for:(a)
Component preparation;(b)
Component participation while the KTAP(c)
Acceptance of a new job or retention of an existing one if the parent or other adult:1.
Has accepted employment and a start date of employment is provided, except if an item is required as a condition of being hired by the employer; or2.
Is employed.(2)
If requirements of subsection (1) of this section are met, the cabinet may approve an item or service needed by the work-eligible individual for participation in a KWP activity, such as:(a)
A drug screening test fee;(b)
Up to three (3) uniforms for employment, if:1.
Not reimbursable by the employer; and2.
The work-eligible individual provides an estimate;(c)
One (1) suitable interview outfit for pre-employment purposes;(d)
Required clothing or shoes particular to a service, profession, or company, if:1.
Not reimbursable by the employer; and2.
The work-eligible individual provides an estimate;(e)
School supplies and books for the KWP participant;(f)
A licensing fee, which includes:1.
Exam costs required to obtain a professional license or certificate; or2.
Driver's license fee;(g)
A timepiece necessary for employment or training;(h)
The cost to obtain or renew(i)
The cost of a criminal records check fee, if required by the provider or employer;(j)
A driver's education class fee; or(k)
Tools required for employment.(3)
Payment for other supportive services shall be limited to a cumulative total of $600(4)
A penalized or sanctioned work-eligible individual shall not be eligible for other supportive services.(5)
A retroactive payment for other supportive services shall not be made for an item purchased by a penalized or sanctioned work-eligible individual who later cures the penalty. After the individual cures the penalty or sanction, an eligible expense may be authorized.(6)
Except in accordance with Section 7 of this administrative regulation, a medical service or item shall not be an allowable supportive service.Section 7.
Allowable Medical Service or Item. To the extent that non-Temporary Assistance for Needy Families (TANF) funding is available, the purchase of the following item or service shall be allowed for a work-eligible individual, if needed for participation in the KWP activity and not reimbursable through Medicaid and limited to:(1)
Eyeglasses or corrective lens;(2)
Dentures;(3)
Hearing aids; and(4)
Medical service or item required as a condition of employment.Section 8.
Vehicle(1)
If a free service for vehicle(a)
Component preparation; or(b)
Component participation, including employment while the KTAP(2)
A vehicle(a)
A vehicle(b)
Property tax on the vehicle;(c)
Vehicle registration;(d)
Licenses fee;(e)
Up to six (6)(f)
A new(g)
Other vehicle(3)
Prior to the approval of a vehicle(4)
Vehicle(a)
Be completed by a garage, unless the repair is completed by a vocational school automotive program; or(b)
Be the responsibility of the work-eligible individual if a payment is made for a new or used automotive part as specified in subsection (2)(f) of this section.(5)
Prior to approval of a vehicle(6)
The restrictions on authorization and verification of a supportive service payment described in Section 12 of this administrative regulation shall apply to a vehicle(7)
Payment for vehicleSection 9.
Short-term Training. To the extent funds are available, a fee for a short-term training program shall be eligible for payment for a work-eligible individual if the training program is:(1)
Not eligible for federal financial aid; and(2)
Likely to lead to paid employment, in accordance with:(a)
The work-eligible individual's transitional assistance agreement; and(b)
921 KAR 2:370.Section 10.
Required Fees.(1)
To the extent funds are available, the following payment may be made for a work-eligible individual in compliance with KWP requirements:(a)
A training registration fee;(b)
Financial aid application fee;(c)
Testing fee;(d)
Application fee required by a vocational school for a specified program;(e)
Liability insurance fee;(f)
Copy of records fee;(g)
Activity fee if mandated by the institution; or(h)
Other required fee.(2)
Required fees shall not exceed $400Section 11.
Educational Bonus.(1)
An educational bonus of $500(a)
Receiving a:1.
High school diploma;2.
GED certificate; or3.
Postsecondary school certificate or degree; or(b)
Graduating from English as a second language (ESL) class.(2)
A short-term training program shall not qualify for postsecondary education.(3)
A KTAP(a)
Receiving a postsecondary certificate or degree; or(b)
Graduating from an English as a second language (ESL) class.(4)
A KTAP(5)
A KTAP(a)
During application;(b)
At recertification; and(c)
Through periodic mailings.Section 12.
Restrictions on Authorization of Supportive Service Payments.(1)
(a)
To verify an expense and authorize a supportive service payment, except as provided in Section 5 of this administrative regulation, the(b)
A KW-32 shall be valid for thirty (30) calendar days from the date issued by the cabinet.(2)
A payment shall not be made for the period during which:(a)
A valid KW-32 form is not returned; or(b)
The work-eligible individual is:1.
Penalized for noncompliance with a KWP activity, as specified in 921 KAR 2:370; or2.
Ineligible.(3)
A supportive service payment shall be issued in accordance with 921 KAR 2:050.Section 13.
Hearings and Appeals. An applicant or recipient of KWP supportive services who is dissatisfied with an action or inaction on the part of the cabinet shall have the right to a hearing in accordance with 921 KAR 2:055.Section 14.
Improper Payments. The cabinet shall recover the amount of an improper payment pursuant to KRS 45.237-241 and 205.211, including assistance paid pending the outcome of a hearing, from the claimant-payee.Section 15.
Incorporation by Reference.(1)
The "KW-32, Authorization for Supportive Services Payments", 09/22(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community BasedHISTORY: (20 Ky.R. 2285; eff. 3-14-1994; Am. 21 Ky.R. 131; eff. 8-17-1994; 2808; 7-26-1995; 24 Ky.R. 1166; 1733; eff. 3-16-1998; 25 Ky.R. 2006; 2621; 2911; eff. 6-16-1999; Recodified from 904 KAR 2:017, 7-8-1999; 26 Ky.R. 1724; 1978; eff. 6-12-2000; 29 Ky.R. 827; 1663; eff. 12-18-2002; 32 Ky.R. 775; 1114; eff. 1-6-2006; 35 Ky.R. 1341; eff. 3-11-2009; 36 Ky.R. 1372; eff. 3-5-2010; 37 Ky.R. 1901; eff. 4-1-2011; 42 Ky.R. 588; eff. 11-18-2015; 49 Ky.R. 918; eff. 2-16-2023.)
MARTA MIRANDA-STRAUB, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 6, 2022
FILED WITH LRC: September 12, 2022 at 12:50 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by November 17, 2022, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until November 30, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Laura Begin, Staff Assistant
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes eligibility criteria regarding supportive services for the Kentucky Works Program (KWP). KWP is the work program for participants in the Kentucky Transitional Assistance Program (KTAP).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the eligibility and issuance criteria of supportive services for the Kentucky Works Program (KWP).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. This cabinet has responsibility under 45 C.F.R. 260-265 to implement the federal Temporary Assistance for Needy Families (TANF) program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing eligibility and issuance criteria for the supportive services of the Kentucky Works Program (KWP).
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment changes the existing administrative regulation by updating companion program names, modernizes language consistent with other KTAP administrative regulations in process, and updates the financial assistance amounts provided to individuals who have needs relating to transportation, vehicle repairs, and fees in order to participate in a KWP activity. The KW-32 form incorporated by reference is being amended to update the total cost of items and support services.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary in order to utilize federal funding in providing KTAP and resources for individuals to participate in the Kentucky Works Program. This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104. The administrative regulation was reviewed for certification and determined to require updating.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the authorizing statutes by maintaining standards for program eligibility, supportive service issuance requirements, and compliance.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment allows for greater utilization of the TANF-funded Kentucky Works Program (KWP) in Kentucky.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department for Community Based Services (DCBS) administers this program throughout Kentucky’s 120 counties.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
There are no additional requirements included for Kentucky Works Program participants.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
DCBS will have minor costs associated with data system changes. Costs to the agency related to supports provided are funded by the federal TANF Block Grant. There are no costs to KWP participants.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Greater supports related to required transportation will be provided.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is anticipated to be only minor data system costs associated with this amendment. The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(b) On a continuing basis:
The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The implementation and enforcement of this administrative regulation is funded by the federal TANF Block Grant.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no increase in fees or funding required by this administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applied because this administrative regulation will be applied in a like manner statewide.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 260-265, 42 U.S.C. 601-619
(2) State compliance standards.
KRS 194A.050(1), 205.200(2), 205.2003(1)
(3) Minimum or uniform standards contained in the federal mandate.
Operating a state program consistent with the rules of the Temporary Assistance for Needy Families Block Grant. Provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; End the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and Encourage the formation and maintenance of two-parent families.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
The amendment does not impose stricter requirements than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
N/A
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department for Community Based Services will be impacted by this administrative regulation by administering this program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
45 C.F.R. Parts 260-265, 42 U.S.C. 601-619, KRS 194A.050(1), 205.200(2), 205.2003(1).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This program does provide assistance to eligible low-income individuals participating in the Kentucky Works Program and this assistance will likely be spent in their local communities. The amount of revenue depends on program participation.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This program does provide assistance to eligible low-income individuals participating in the Kentucky Works Program and this assistance will likely be spent in their local communities. The amount of revenue depends on program participation.
(c) How much will it cost to administer this program for the first year?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer these programs in the first year.
(d) How much will it cost to administer this program for subsequent years?
The cabinet will utilize the administrative funds available under the federal TANF Block Grant to administer these programs in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings are not generated by this administrative regulation, but it also does not require costs from regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There are no cost savings associated with this amendment.
(c) How much will it cost the regulated entities for the first year?
There are no costs to regulated entities associated with this amendment.
(d) How much will it cost the regulated entities for subsequent years?
There are no costs to regulated entities associated with this amendment.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact or a negative or adverse economic impact on any parties, but rather provides supports for eligible, working individuals.