Title 921 | Chapter 002 | Regulation 035


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921 KAR 2:035.Right to apply and reapply.

Section 1.

Right to Apply or Reapply.

(1)

An individual may apply or reapply for KTAP or SSP through the Department for Community Based Services (DCBS).

(2)

An application shall have been made on the date:

(a)

An individual makes an application by telephone or online;

(b)

An individual or the individual's authorized representative is in the DCBS office and signs an application form incorporated by reference in 921 KAR 2:040; or

(c)

DCBS is contacted for special accommodations due to an impairment or disability.

(3)

If an individual is physically unable to come to the office to apply, the individual may:

(a)

Designate an authorized representative to apply;

(b)

Request a home visit to complete the application process; or

(c)

Make an application by telephone or online.

(4)

The applicant may be:

(a)

Assisted by an individual of the applicant's choice in the application process; and

(b)

Accompanied by this individual in a contact with DCBS.

(5)

In accordance with 920 KAR 1:070, interpreter services shall be provided for persons who are:

(a)

Deaf; or

(b)

Hard of hearing.

(6)

Interpreter services shall be provided for a non-English speaking individual, utilizing procedures and forms established in 920 KAR 1:070.

(7)

The cabinet shall not discriminate against an applicant based on age, race, color, sex, gender, disability, religion, sexual orientation, national origin or ancestry, political beliefs, or reprisal or retaliation for prior civil rights activity.

Section 2.

Who May Sign an Application.

(1)

Except for a case based on incapacity, an application for KTAP shall be signed by:

(a)

The relative with whom a needy child lives;

(b)

The legally appointed guardian of the relative; or

(c)

A representative authorized in writing to act on behalf of the relative.

(2)

An application for KTAP based on incapacity shall be signed by:

(a)

An individual listed in subsection (1) of this section; or

(b)

An interested party acting on behalf of the applicant.

(3)

An application for SSP shall be signed by:

(a)

The individual who is aged, blind, or has a disability;

(b)

An interested party;

(c)

The legally appointed guardian for the individual who is aged, blind, or has a disability; or

(d)

The representative payee receiving the Supplemental Security Income (SSI) benefit.

Section 3.

Action on Applications.

(1)

A decision shall be made on an application and payment made within:

(a)

Forty-five (45) days for KTAP or SSP pursuant to 45 C.F.R. 206.10; or

(b)

Ninety (90) days for SSP determinations in which permanent and total disability shall be established.

(2)

Exception to this time standard may be made:

(a)

If the applicant is unable to obtain necessary verification for a determination of eligibility; or

(b)

For failure or delay, that cannot be controlled by DCBS, on the part of the applicant or examining physician.

(3)

The case record shall document the cause for the delay if the time standards are not met.

(4)

Failure to process an application within the time frame shall not be used as the basis for denial.

Section 4.

Voter Registration. In accordance with KRS 116.048 and 52 U.S.C. 20506, an applicant or recipient shall be provided the opportunity to complete an application to register to vote or update his or her current voter registration in accordance with 921 KAR 3:030, Section 8.

Section 5.

Disclosure of Information. Use or disclosure of information obtained from applicant households, exclusively for the program, shall be restricted pursuant to KRS 194A.060, 205.175, and 205.177.

HISTORY: (PA-71; 1 Ky.R. 1282; eff. 7-2-1975; Am. 6 Ky.R. 696; 7 Ky.R. 308; eff. 9-3-1980; 8 Ky.R. 1189; eff. 6-25-1982; 16 Ky.R. 241; eff. 9-20-1989; 17 Ky.R. 532; eff. 10-14-1990; 19 Ky.R. 1449; 1787; eff. 1-27-1993; 21 Ky.R. 2817; eff. 6-21-1995; 24 Ky.R. 978; 1519; eff. 1-12-1998; Recodified from 904 KAR 2:035, 10-30-1998; 40 Ky.R. 1504; 2302; eff. 5-2-2014; Cert eff. 4-2-2021; 49 Ky.R. 921; 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes application and reapplication criteria for the Kentucky Transitional Assistance Program (KTAP) and the State Supplementation Program (SSP).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the application and reapplication criteria for KTAP and SSP and contains federal mandates relating to providing an eligible public assistance recipient the opportunity to register, or to decline from registering, to vote.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to KRS 194A.050, which requires 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 through KTAP and has the responsibility to act as a voter registration agency.
(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 application criteria for KTAP and SSP.
(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:
The amendment updates program names and language consistent with other regulatory amendments in process, includes changes in DCBS service delivery by including online application options, updates the federal citation associated with voter registration, and updates the non-discrimination statement in accordance with federal rules.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary for consistency with other regulatory amendments in process and to update language and references in compliance with federal law.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to KRS 194A.050, which requires the secretary to promulgate administrative regulations necessary to qualify for federal funds and to cooperate with other state and federal agencies. The cabinet is required to implement the federal TANF program and to act as a voter registration agency.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment is necessary in order to utilize federal TANF funding in providing KTAP services to eligible applicants.
(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. DCBS maintains a statewide call service center and website to serve clients applying and reapplying pursuant to this administrative regulation. As of April 2022, there were approximately 10,422 KTAP cases throughout Kentucky.
(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 for KTAP applicants or recipients in this amendment. The amendment includes that individuals may apply online if they wish to do so.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no costs associated with this amendment.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants are able to apply for KTAP and SSP online in addition to previously-allowed methods.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no costs associated with this amendment.
(b) On a continuing basis:
There are no costs associated with this amendment.
(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:
The cabinet will implement and enforce this administrative regulation in subsequent years with the TANF Block Grant.
(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. 206.10, 42 U.S.C. 601-619, 52 U.S.C. 20506
(2) State compliance standards.
KRS 116.048(1), 194A.050(1), 205.200(2)
(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 (through KTAP). 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.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 116.048(1), 194A.050(1), 205.200(2), 45 C.F.R. 206.10, 42 U.S.C. 601-619, 52 U.S.C. 20506.
(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 administrative regulation does not generate revenue.
(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 administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
There are no costs associated with this administrative regulation.
(d) How much will it cost to administer this program for subsequent years?
There are no costs associated with this administrative regulation.
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.
(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 does not have a major economic impact.

7-Year Expiration: 2/16/2030

Last Updated: 2/21/2023


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