Title 921 | Chapter 002 | Regulation 050
PREVIOUS VERSION
The previous document that this document is based upon is available.
921 KAR 2:050.Time and manner of payments.
Section 1.
Authorization of KTAP Payments.(1)
Method of payment.(a)
A payment shall be issued monthly by:1.
Check;2.
Electronic benefit transfer (EBT); or3.
Direct deposit into a recipient's checking account upon completion by the recipient of the form "PA-63, Direct Deposit Authorization".(b)
A payment shall be issued prospectively.(2)
Initial payment.(a)
A KTAP approval shall not be made for a period prior to the date of application.(b)
The effective date of an initial payment for a KTAP approval shall be the date an application is filed if eligibility factors are met as of that date.(c)
If eligibility factors are not met as of the day of application, the approval shall be effective the date on which all factors are met.(3)
Subsequent and special payment.(a)
Except in a situation pursuant to paragraph (b) of this subsection, a subsequent KTAP payment shall be made for an entire month in which technical eligibility factors are met as of the first day of the month.(b)
A special payment shall be issued:1.
If the regular monthly payment received is less than the entitled amount based on a household circumstance; and2.
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.(4)
Inalienability of payment.(a)
A KTAP payment shall be unconditional and exempt from a remedy for the collection of a debt, lien, or encumbrance from an individual or agency other than the Cabinet for Health and Family Services.(b)
The Cabinet for Health and Family Services may initiate recoupment to recover overpayment of benefits pursuant to 921 KAR 2:016 or in accordance with KRS 205.193 or 205.200.(c)
The Cabinet for Health and Family Services shall make adjustments to an EBT account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error.(5)
EBT Account Inactivity.(a)
If an EBT account has not been debited in 365 days, the cabinet shall:1.
Expunge a monthly benefit on a monthly basis as each individual benefit month reaches a date that is 365 days in the past; and2.
Notify the household in writing:a.
That the household's EBT account has not been debited in the last 365 days; andb.
Of the amount of EBT benefits that have been expunged.(b)
If a recipient debits the EBT account, the expungement process shall cease.(6)
Eligible payee.(a)
Except as provided by paragraph (b) or (c) of this subsection, a cash assistance payment shall be issued in the name of the approved applicant.(b)
1.
Upon request of an individual specified in this subsection, a KTAP payment for the month of death shall be reissued to the:a.
Widow or widower;b.
Parent;c.
Guardian; ord.
Executor or administrator of the estate.2.
If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.(c)
Payment to a protective payee may be made pursuant to KRS 205.232.(7)
In accordance with 42 U.S.C. 608(a)(12), a KTAP payment received on EBT shall not be accessed via an EBT transaction, such as a point-of-sale terminal or an automated teller machine, at a:(a)
Liquor store;(b)
Business that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment;(c)
Casino;(d)
Gambling casino; or(e)
Gaming establishment.(8)
The terms used in subsection (7) of this section shall be defined in accordance with 42 U.S.C. 608(a)(12)(B).Section 2.
Supportive Services for KWP Participants. A supportive services payment for a KWP participant shall be made according to the type of service provided, as follows:(1)
A child care payment shall be issued pursuant to 922 KAR 2:160.(2)
A transportation payment pursuant to 921 KAR 2:017 shall be made directly to the KTAP recipient.(3)
Other approved supportive services payments shall be made:(a)
Directly to the provider; and(b)
Within thirty (30) days of receipt of appropriate verification of service delivery of billing, pursuant to 921 KAR 2:017.Section 3.
Authorization of an SSP payment.(1)
Method of payment.(a)
A payment shall be issued monthly by:1.
Check; or2.
Direct deposit into a recipient's checking account following completion by the recipient of the PA-63; and(b)
A payment shall be issued prospectively.(2)
Initial payment.(a)
The effective date for SSP approval shall be the first day of the month in which:1.
An application is filed; and2.
Eligibility factors are met.(b)
An SSP payment shall be made for the entire month of which eligibility factors are met.(3)
Subsequent and special payment.(a)
A subsequent SSP payment shall be made for an entire month in which eligibility factors are met as of the first day of the month.(b)
A special payment shall be made:1.
If the regular monthly payment received is less than the entitled amount based on a household circumstance; and2.
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.(4)
Inalienability of a payment.(a)
An SSP money payment shall be unconditional and is exempt from a remedy for the collection of a debt, lien, or encumbrance from an individual or agency other than the Cabinet for Health and Family Services.(b)
The Cabinet for Health and Family Services shall initiate recoupment to recover overpayment of benefits.(5)
Eligible payee.(a)
A money payment shall be issued in the name of the eligible applicant except as provided in paragraph (b) of this subsection.(b)
A money payment may be issued to the:1.
Legally appointed committee or guardian; or2.
Person serving as the representative payee for another statutory benefit such as Supplemental Security Income.(c)
Upon request of an individual specified in this subsection, an SSP payment for the month of death shall be reissued to the:1.
Widow or widower;2.
Parent;3.
Guardian; or4.
Executor or administrator of the estate.(d)
If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.Section 4.
Authorization of Persons with MI/ID Supplement Program Payment.(1)
Method of payment.(a)
The MI/ID supplement payment shall be made:1.
Quarterly;2.
By the last day of the month following the month that the certified quarter ends; and3.
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.(b)
The training reimbursement payment for the MI/ID Supplement Program shall be made:1.
Quarterly;2.
By the last day of the month following the month that the certified quarter ends; and3.
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.(2)
Initial payment.(a)
Following the notification to the Cabinet for Health and Family Services by the personal care home (PCH) of its intent to participate, the effective date of the MI/ID supplement shall be the first day of a month that certification requirements pursuant to 921 KAR 2:015 are met.(b)
If a Type A citation issued from the Office of Inspector General occurs, payment shall be made only for eligible months pursuant to 921 KAR 2:015.(3)
A subsequent payment shall be made for a month within a quarter in which eligibility factors are met.(4)
Eligible payee.(a)
Payment for the MI/ID supplement shall be made to the participating PCH, meeting MI/ID certification requirements, for an eligible calendar quarter, pursuant to 921 KAR 2:015.(b)
Payment for the MI/ID training reimbursement shall be made to the participating PCH.Section 5.
Incorporation by Reference.(1)
The "PA-63, Direct Deposit Authorization", 09/22, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, 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: (8 Ky.R. 1228; eff. 6-25-1982; Am. 9 Ky.R. 271; eff. 9-8-1982; 10 Ky.R. 945; eff. 2-1-1984; 1101; eff. 5-1-1984; 11 Ky.R. 82; eff. 8-7-1984; 80; eff. 12-11-1984; 12 Ky.R. 1931; eff. 7-2-1986; 13 Ky.R. 973; eff. 12-2-1986; 14 Ky.R. 512; eff. 10-2-1987; 1160; 1562; eff. 1-4-1988; 1904; eff. 4-14-1988; 15 Ky.R. 869; eff. 11-4-1988; 2308; eff. 6-21-1989; 16 Ky.R. 1033; eff. 1-12-1990; 2562; 17 Ky.R. 46; eff. 6-27-1990; 1616; eff. 12-9-1990; 2901; 3132; eff. 5-3-1991; 3548; 18 Ky.R. 297; eff. 7-17-1991; 1245; eff. 11-25-1991; 1245; 3255; 19 Ky.R. 68; eff. 6-24-1992; 1217; 1560; eff. 12-16-1992; 20 Ky.R. 2238; eff. 3-14-1994; 21 Ky.R. 633; eff. 9-21-1994; 2537; eff. 5-17-1995; 22 Ky.R. 2146; eff. 7-5-1996; 24 Ky.R. 1409; 1724; eff. 3-16-1998; 25 Ky.R. 1997; 2613; eff. 6-16-1999; Recodified from 904 KAR 2:016, 7-8-1999; 26 Ky.R. 1717; 1971; eff. 6-12-2000; TAm eff. 10-27-2004; 28 Ky.R. 177; eff. 9-10-2001; 31 Ky.R. 1022; 1282; eff. 1-19-2005; TAm eff. 1-27-2006; 34 Ky.R. 665, 996; eff. 11-19-2007; 38 Ky.R. 413; eff. 11-16-2011; 40 Ky.R. 470; 851; eff. 10-16-2013; 42 Ky.R. 594; eff. 11-18-2015; 49 Ky.R. 926; 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; 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 time and manner of payments criteria for Kentucky’s Temporary Assistance for Needy Families (TANF) program, 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 time and manner of payments for KTAP and SSP.
(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 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 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:
This amendment changes the existing administrative regulation by updating program names consistent with other KTAP administrative regulation in process. The amendment also establishes provisions relating to the recoupment of benefits and protective payees, required by House Bill 7 from the 2022 Regular Session of the General Assembly. Material incorporated by reference is being amended to update instructions and agency contact information.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation was necessary to comply with the requirements of House Bill 7 (RS 2022). This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104.
(c) How the amendment conforms to the content of the authorizing statutes:
House Bill 7 provisions included in this amendment were codified as KRS 205.193, 205.200, and 205.232.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment is consistent with KRS 205.193, 205.200, 205.232, and other authorizing statutes.
(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. As of April 2022, there were approximately 10,422 KTAP cases in 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 in this amendment for KTAP or SSP participants.
(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):
Pursuant to the amendment in Section 1 of this administrative regulation and KRS 205.232, a KTAP participant may designate a protective payee to receive assistance.
(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.
42 U.S.C. 601-619, 40 C.F.R. 260-265
(2) State compliance standards.
KRS 194A.050(1), 205.220
(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 194A.050(1), 205.220, 42 U.S.C. 601-619, 40 C.F.R. 260-265
(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.
921 KAR 2:050.Time and manner of payments.
Section 1.
Authorization of KTAP(1)
Method of payment.(a)
A payment shall be issued monthly by:1.
Check;2.
Electronic benefit transfer (EBT); or3.
Direct deposit into a recipient's checking account upon completion by the recipient of the form "PA-63, Direct Deposit Authorization"(b)
A payment shall be issued prospectively.(2)
Initial payment.(a)
A KTAP(b)
The effective date of an initial payment for a KTAP(c)
If eligibility factors are not met as of the day of application, the approval shall be effective the date on which all factors are met.(3)
Subsequent and special payment.(a)
Except in a situation pursuant to paragraph (b) of this subsection, a subsequent KTAP(b)
A special payment shall be issued:1.
If the regular monthly payment received is less than the entitled amount based on a household circumstance; and2.
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.(4)
Inalienability of payment.(a)
A KTAP(b)
The Cabinet for Health and Family Services may initiate recoupment to recover overpayment of benefits pursuant to 921 KAR 2:016 or in accordance with KRS 205.193 or 205.200.(c)
The Cabinet for Health and Family Services shall make adjustments to an EBT account to correct an auditable, out-of-balance settlement condition that occurs during the redemption process as a result of a system error.(5)
EBT Account Inactivity.(a)
If an EBT account has not been debited in 365 days, the cabinet shall:1.
Expunge a monthly benefit on a monthly basis as each individual benefit month reaches a date that is 365 days in the past; and2.
Notify the household in writing:a.
That the household's EBT account has not been debited in the last 365 days; andb.
Of the amount of EBT benefits that have been expunged.(b)
If a recipient debits the EBT account, the expungement process shall cease.(6)
Eligible payee.(a)
Except as provided by paragraph (b) or (c) of this subsection, a cash assistance(b)
1.
Upon request of an individual specified in this subsection, a KTAPa.1.
Widow or widower;b.2.
Parent;c.3.
Guardian; ord.4.
Executor or administrator of the estate.2.(c)
If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.(c)
Payment to a protective payee may be made pursuant to KRS 205.232.(7)
In accordance with 42 U.S.C. 608(a)(12), a KTAP(a)
Liquor store;(b)
Business that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment;(c)
Casino;(d)
Gambling casino; or(e)
Gaming establishment.(8)
The terms used in subsection (7) of this section shall be defined in accordance with 42 U.S.C. 608(a)(12)(B).Section 2.
Supportive Services for KWP Participants. A supportive services payment for a KWP participant shall be made according to the type of service provided, as follows:(1)
A child care payment shall be issued pursuant to 922 KAR 2:160.(2)
A transportation payment pursuant to 921 KAR 2:017 shall be made directly to the KTAP(3)
Other approved supportive services payments shall be made:(a)
Directly to the provider; and(b)
Within thirty (30) days of receipt of appropriate verification of service delivery of billing, pursuant to 921 KAR 2:017.Section 3.
Authorization of an SSP payment.(1)
Method of payment.(a)
A payment shall be issued monthly by:1.
Check; or2.
Direct deposit into a recipient's checking account following(b)
A payment shall be issued prospectively.(2)
Initial payment.(a)
The effective date for SSP approval shall be the first day of the month in which:1.
An application is filed; and2.
Eligibility factors are met.(b)
An SSP payment shall be made for the entire month of which eligibility factors are met.(3)
Subsequent and special payment.(a)
A subsequent SSP payment shall be made for an entire month in which eligibility factors are met as of the first day of the month.(b)
A special payment shall be made:1.
If the regular monthly payment received is less than the entitled amount based on a household circumstance; and2.
For a period of up to twelve (12) months preceding the month of error correction, if the error existed in the preceding months.(4)
Inalienability of a payment.(a)
An SSP money payment shall be unconditional and is exempt from a remedy for the collection of a debt, lien, or encumbrance from an individual or agency other than the Cabinet for Health and Family Services.(b)
The Cabinet for Health and Family Services shall initiate recoupment to recover overpayment of benefits.(5)
Eligible payee.(a)
A money payment shall be issued in the name of the eligible applicant except as provided in paragraph (b) of this subsection.(b)
A money payment may be issued to the:1.
Legally appointed committee or guardian; or2.
Person serving as the representative payee for another statutory benefit such as Supplemental Security Income.(c)
Upon request of an individual specified in this subsection, an SSP payment for the month of death shall be reissued to the:1.
Widow or widower;2.
Parent;3.
Guardian; or4.
Executor or administrator of the estate.(d)
If the payment is reissued to an executor or administrator, a copy of the appointment order shall be obtained as verification.Section 4.
Authorization of Persons with MI/ID Supplement Program Payment.(1)
Method of payment.(a)
The MI/ID supplement payment shall be made:1.
Quarterly;2.
By the last day of the month following the month that the certified quarter ends; and3.
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.(b)
The training reimbursement payment for the MI/ID Supplement Program shall be made:1.
Quarterly;2.
By the last day of the month following the month that the certified quarter ends; and3.
Following receipt of appropriate documentation, pursuant to 921 KAR 2:015.(2)
Initial payment.(a)
Following the notification to the Cabinet for Health and Family Services by the personal care home (PCH) of its intent to participate, the effective date of the MI/ID supplement shall be the first day of a month that certification requirements pursuant to 921 KAR 2:015 are met.(b)
If a Type A citation issued from the Office of Inspector General occurs, payment shall be made only for eligible months pursuant to 921 KAR 2:015.(3)
A subsequent payment shall be made for a month within a quarter in which eligibility factors are met.(4)
Eligible payee.(a)
Payment for the MI/ID supplement shall be made to the participating PCH, meeting MI/ID certification requirements, for an eligible calendar quarter, pursuant to 921 KAR 2:015.(b)
Payment for the MI/ID training reimbursement shall be made to the participating PCH.Section 5.
Incorporation by Reference.(1)
The "PA-63, Direct Deposit Authorization", 09/22(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, 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: (8 Ky.R. 1228; eff. 6-25-1982; Am. 9 Ky.R. 271; eff. 9-8-1982; 10 Ky.R. 945; eff. 2-1-1984; 1101; eff. 5-1-1984; 11 Ky.R. 82; eff. 8-7-1984; 80; eff. 12-11-1984; 12 Ky.R. 1931; eff. 7-2-1986; 13 Ky.R. 973; eff. 12-2-1986; 14 Ky.R. 512; eff. 10-2-1987; 1160; 1562; eff. 1-4-1988; 1904; eff. 4-14-1988; 15 Ky.R. 869; eff. 11-4-1988; 2308; eff. 6-21-1989; 16 Ky.R. 1033; eff. 1-12-1990; 2562; 17 Ky.R. 46; eff. 6-27-1990; 1616; eff. 12-9-1990; 2901; 3132; eff. 5-3-1991; 3548; 18 Ky.R. 297; eff. 7-17-1991; 1245; eff. 11-25-1991; 1245; 3255; 19 Ky.R. 68; eff. 6-24-1992; 1217; 1560; eff. 12-16-1992; 20 Ky.R. 2238; eff. 3-14-1994; 21 Ky.R. 633; eff. 9-21-1994; 2537; eff. 5-17-1995; 22 Ky.R. 2146; eff. 7-5-1996; 24 Ky.R. 1409; 1724; eff. 3-16-1998; 25 Ky.R. 1997; 2613; eff. 6-16-1999; Recodified from 904 KAR 2:016, 7-8-1999; 26 Ky.R. 1717; 1971; eff. 6-12-2000; TAm eff. 10-27-2004; 28 Ky.R. 177; eff. 9-10-2001; 31 Ky.R. 1022; 1282; eff. 1-19-2005; TAm eff. 1-27-2006; 34 Ky.R. 665, 996; eff. 11-19-2007; 38 Ky.R. 413; eff. 11-16-2011; 40 Ky.R. 470; 851; eff. 10-16-2013; 42 Ky.R. 594; eff. 11-18-2015; 49 Ky.R. 926; 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; 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 time and manner of payments criteria for Kentucky’s Temporary Assistance for Needy Families (TANF) program, 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 time and manner of payments for KTAP and SSP.
(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 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 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:
This amendment changes the existing administrative regulation by updating program names consistent with other KTAP administrative regulation in process. The amendment also establishes provisions relating to the recoupment of benefits and protective payees, required by House Bill 7 from the 2022 Regular Session of the General Assembly. Material incorporated by reference is being amended to update instructions and agency contact information.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation was necessary to comply with the requirements of House Bill 7 (RS 2022). This amendment is also necessary to keep the administrative regulation from expiring pursuant to KRS 13A.3102 and 3104.
(c) How the amendment conforms to the content of the authorizing statutes:
House Bill 7 provisions included in this amendment were codified as KRS 205.193, 205.200, and 205.232.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment is consistent with KRS 205.193, 205.200, 205.232, and other authorizing statutes.
(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. As of April 2022, there were approximately 10,422 KTAP cases in 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 in this amendment for KTAP or SSP participants.
(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):
Pursuant to the amendment in Section 1 of this administrative regulation and KRS 205.232, a KTAP participant may designate a protective payee to receive assistance.
(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.
42 U.S.C. 601-619, 40 C.F.R. 260-265
(2) State compliance standards.
KRS 194A.050(1), 205.220
(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 194A.050(1), 205.220, 42 U.S.C. 601-619, 40 C.F.R. 260-265
(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.