KRS 205.200: Eligibility for public assistance.

(1) A needy aged person, a needy blind person, a needy child, a needy permanently and

totally disabled person, or a person with whom a needy child lives shall be eligible

to receive a public assistance grant only if he or she has made a proper application

or a n application has been made on his or her behalf in the manner and form

prescribed by administrative regulation. No individual shall be eligible to receive

public assistance under more than one (1) category of public assistance for the same

period of time.

(2) The secretary shall, by administrative regulations, prescribe the conditions of

eligibility for public assistance in conformity with the public assistance titles of the

Social Security Act, its amendments, and other federal acts and regulations. The

secretary shall also promulgate administrative regulations to allow for between a

forty percent (40%) and a forty -five percent (45%) ratable reduction in the method

of calculating eligibility and benefits for public assistance under Title IV -A of the

Federal Social Security Act. In no instance shall grants to families with no income

be less than the appropriate grant maximum used for public assistance under Title

IV-A of the Federal Social Security Act. As used in this section, "ratable reduction"

means the percentage reduction applied to the deficit between the family's

countable income and the standard of need for the appropriate family size.

(3) The secretary may by administrative regulation prescribe as a condition of

eligibility that a needy child regula rly attend school, and may further by

administrative regulation prescribe the degree of relationship of the person or

persons in whose home such needy child must reside.

(4) The secretary may by administrative regulation prescribe conditions for bringing

paternity proceedings or actions for support in cases of out of wedlock birth or

nonsupport by a parent in the public assistance under Title IV -A of the Federal

Social Security Act program.

(5) Public assistance shall not be payable to or in behalf of any i ndividual who has

taken any legal action in his or her own behalf or in the behalf of others with the

intent and purpose of creating eligibility for the assistance.

(6) The cabinet shall promptly notify the appropriate law enforcement officials of the

furnishing of public assistance under Title IV -A of the Federal Social Security Act

in respect to a child who has been deserted or abandoned by a parent.

(7) No person shall be eligible for public assistance payments if, after having been

determined to be pote ntially responsible, and afforded notice and opportunity for

hearing, he or she refuses without good cause:

(a) To register for employment with the state employment service,

(b) To accept suitable training, or

(c) To accept suitable employment.

The secretary may prescribe by administrative regulation, subject to the provisions

of KRS Chapter 13A, standards of suitability for training and employment.

(8) To the extent permitted by federal law, scholarships, grants, or other types of

financial assistance for education shall not be considered as income for the purpose

of determining eligibility for public assistance.

(9) To the extent permitted by federal law, any money received because of a settlement

or judgment in a lawsuit brought against a manuf acturer or distributor of "Agent

Orange" for damages resulting from exposure to "Agent Orange" by a member or

veteran of the Armed Forces of the United States or any dependent of such person

who served in Vietnam shall not be considered as income for the p urpose of

determining eligibility or continuing eligibility for public assistance and shall not be

subject to a lien or be available for repayment to the Commonwealth for public

assistance received by the recipient.

(10) (a) For the purpose of determining eligibility for medical assistance under Title

XIX of the Social Security Act and compliance with 42 U.S.C. sec. 1396a(xx)

and KRS 205.5371, unless otherwise required by federal law, the cabinet shall

only accept self-attestation of income, residency, age, household composition,

caretaker or relative status, or receipt of other coverage as verification of last

resort prior to enrollment, and the cabinet shall not request federal

authorization or approval to waive or decline to periodically check any

available income-related data source to verify eligibility.

(b) This subsection shall not apply to any individual who is a resident of an

assisted living community as defined in KRS 194A.700 or to a long -term care

facility as defined in KRS 216A.010 or hospital l icensed under KRS Chapter

216B that is using self-attestation to determine presumptive eligibility.

(c) If an individual for medical assistance under Title XIX of the Social Security

Act willingly and knowingly self -attests to falsified information related to

income, residency, age, household composition, caretaker or relative status, or

receipt of other coverage, the cabinet may fine the individual not more than

five hundred dollars ($500) per offense.

(11) When determining whether an applicant for service s or assistance provided under

this chapter meets the applicable income eligibility guidelines, the cabinet shall use

the most recent income verification data available and consider fluctuating

employment income data.

(12) If in the normal course of operat ions, the cabinet finds that an individual has

trafficked, sold, distributed, given, or otherwise transferred an electronic benefit

transfer card issued by the department for money, service, or other valuable

consideration, the cabinet, to the extent permitted under state and federal law:

(a) Shall through any means practical, including but not limited to garnishment of

future cash assistance benefits, seek recoupment from the individual of any

cash benefits trafficked, sold, distributed, given, or otherwise transferred; and

(b) May:

1. Upon the first violation, deem the individual ineligible for all public

assistance programs administered by the cabinet under this chapter for a

period of not more than six (6) months;

2. Upon the second violation, deem the i ndividual ineligible for all public

assistance programs administered by the cabinet under this chapter for a

period of not more than twelve (12) months; and

3. Upon the third violation, deem the individual ineligible for all public

assistance programs administered by the cabinet under this chapter for a

period of not more than five (5) years.

(13) (a) Notwithstanding any other provision of Kentucky law, the following shall be

disregarded for the purposes of determining an individual's eligibility for a

means-tested public assistance program, and the amount of assistance or

benefits the individual is eligible to receive under the program:

1. Any amount in an ABLE account;

2. Any contributions to an ABLE account; and

3. Any distribution from an ABLE account fo r qualified disability

expenses.

(b) As used in this subsection:

1. "ABLE account" means an account established within any state having a

qualified ABLE program as provided in 26 U.S.C. sec. 529A, as

amended;

2. "Kentucky law" includes:

a. All provisions of the Kentucky Revised Statutes:

b. Any contract to provide Medicaid managed care established

pursuant to this chapter;

c. Any agreement to operate a Medicaid program established

pursuant to this chapter; and

d. Any administrative regulation promulgated pu rsuant to this

chapter; and

3. "Qualified disability expenses" means expenses described in 26 U.S.C.

sec. 529A of a person who is the beneficiary of an ABLE account.

(14) (a) Residency shall not be established for an individual if the individual relocates

to Kentucky with the sole intention of establishing eligibility to receive

medical services, including substance use disorder treatment services under

this chapter.

(b) An individual may rebut the sole intention of paragraph (a) of this subsection

by showing proof of residency. Proof of residency shall include but not be

limited to the possession of a valid Kentucky operator's license or a copy of a

deed or property tax bill, u tility agreement or bill, or rental housing

agreement.