{"data":{"id":"us-ky/krs-205.200","jurisdiction":"us-ky","citation":"KRS 205.200","heading":"Eligibility for public assistance.","body":"(1) A needy aged person, a needy blind person, a needy child, a needy permanently and\ntotally disabled person, or a person with whom a needy child lives shall be eligible\nto receive a public assistance grant only if he or she has made a proper application\nor a n application has been made on his or her behalf in the manner and form\nprescribed by administrative regulation. No individual shall be eligible to receive\npublic assistance under more than one (1) category of public assistance for the same\nperiod of time.\n(2) The secretary shall, by administrative regulations, prescribe the conditions of\neligibility for public assistance in conformity with the public assistance titles of the\nSocial Security Act, its amendments, and other federal acts and regulations. The\nsecretary shall also promulgate administrative regulations to allow for between a\nforty percent (40%) and a forty -five percent (45%) ratable reduction in the method\nof calculating eligibility and benefits for public assistance under Title IV -A of the\nFederal Social Security Act. In no instance shall grants to families with no income\nbe less than the appropriate grant maximum used for public assistance under Title\nIV-A of the Federal Social Security Act. As used in this section, \"ratable reduction\"\nmeans the percentage reduction applied to the deficit between the family's\ncountable income and the standard of need for the appropriate family size.\n(3) The secretary may by administrative regulation prescribe as a condition of\neligibility that a needy child regula rly attend school, and may further by\nadministrative regulation prescribe the degree of relationship of the person or\npersons in whose home such needy child must reside.\n(4) The secretary may by administrative regulation prescribe conditions for bringing\npaternity proceedings or actions for support in cases of out of wedlock birth or\nnonsupport by a parent in the public assistance under Title IV -A of the Federal\nSocial Security Act program.\n(5) Public assistance shall not be payable to or in behalf of any i ndividual who has\ntaken any legal action in his or her own behalf or in the behalf of others with the\nintent and purpose of creating eligibility for the assistance.\n(6) The cabinet shall promptly notify the appropriate law enforcement officials of the\nfurnishing of public assistance under Title IV -A of the Federal Social Security Act\nin respect to a child who has been deserted or abandoned by a parent.\n(7) No person shall be eligible for public assistance payments if, after having been\ndetermined to be pote ntially responsible, and afforded notice and opportunity for\nhearing, he or she refuses without good cause:\n(a) To register for employment with the state employment service,\n(b) To accept suitable training, or\n(c) To accept suitable employment.\nThe secretary may prescribe by administrative regulation, subject to the provisions\nof KRS Chapter 13A, standards of suitability for training and employment.\n(8) To the extent permitted by federal law, scholarships, grants, or other types of\nfinancial assistance for education shall not be considered as income for the purpose\nof determining eligibility for public assistance.\n(9) To the extent permitted by federal law, any money received because of a settlement\nor judgment in a lawsuit brought against a manuf acturer or distributor of \"Agent\nOrange\" for damages resulting from exposure to \"Agent Orange\" by a member or\nveteran of the Armed Forces of the United States or any dependent of such person\nwho served in Vietnam shall not be considered as income for the p urpose of\ndetermining eligibility or continuing eligibility for public assistance and shall not be\nsubject to a lien or be available for repayment to the Commonwealth for public\nassistance received by the recipient.\n(10) (a) For the purpose of determining eligibility for medical assistance under Title\nXIX of the Social Security Act and compliance with 42 U.S.C. sec. 1396a(xx)\nand KRS 205.5371, unless otherwise required by federal law, the cabinet shall\nonly accept self-attestation of income, residency, age, household composition,\ncaretaker or relative status, or receipt of other coverage as verification of last\nresort prior to enrollment, and the cabinet shall not request federal\nauthorization or approval to waive or decline to periodically check any\navailable income-related data source to verify eligibility.\n(b) This subsection shall not apply to any individual who is a resident of an\nassisted living community as defined in KRS 194A.700 or to a long -term care\nfacility as defined in KRS 216A.010 or hospital l icensed under KRS Chapter\n216B that is using self-attestation to determine presumptive eligibility.\n(c) If an individual for medical assistance under Title XIX of the Social Security\nAct willingly and knowingly self -attests to falsified information related  to\nincome, residency, age, household composition, caretaker or relative status, or\nreceipt of other coverage, the cabinet may fine the individual not more than\nfive hundred dollars ($500) per offense.\n(11) When determining whether an applicant for service s or assistance provided under\nthis chapter meets the applicable income eligibility guidelines, the cabinet shall use\nthe most recent income verification data available and consider fluctuating\nemployment income data.\n(12) If in the normal course of operat ions, the cabinet finds that an individual has\ntrafficked, sold, distributed, given, or otherwise transferred an electronic benefit\ntransfer card issued by the department for money, service, or other valuable\nconsideration, the cabinet, to the extent permitted under state and federal law:\n(a) Shall through any means practical, including but not limited to garnishment of\nfuture cash assistance benefits, seek recoupment from the individual of any\ncash benefits trafficked, sold, distributed, given, or otherwise transferred; and\n(b) May:\n1. Upon the first violation, deem the individual ineligible for all public\nassistance programs administered by the cabinet under this chapter for a\nperiod of not more than six (6) months;\n2. Upon the second violation, deem the i ndividual ineligible for all public\nassistance programs administered by the cabinet under this chapter for a\nperiod of not more than twelve (12) months; and\n3. Upon the third violation, deem the individual ineligible for all public\nassistance programs administered by the cabinet under this chapter for a\nperiod of not more than five (5) years.\n(13) (a) Notwithstanding any other provision of Kentucky law, the following shall be\ndisregarded for the purposes of determining an individual's eligibility for a\nmeans-tested public assistance program, and the amount of assistance or\nbenefits the individual is eligible to receive under the program:\n1. Any amount in an ABLE account;\n2. Any contributions to an ABLE account; and\n3. Any distribution from an ABLE account fo r qualified disability\nexpenses.\n(b) As used in this subsection:\n1. \"ABLE account\" means an account established within any state having a\nqualified ABLE program as provided in 26 U.S.C. sec. 529A, as\namended;\n2. \"Kentucky law\" includes:\na. All provisions of the Kentucky Revised Statutes:\nb. Any contract to provide Medicaid managed care established\npursuant to this chapter;\nc. Any agreement to operate a Medicaid program established\npursuant to this chapter; and\nd. Any administrative regulation promulgated pu rsuant to this\nchapter; and\n3. \"Qualified disability expenses\" means expenses described in 26 U.S.C.\nsec. 529A of a person who is the beneficiary of an ABLE account.\n(14) (a) Residency shall not be established for an individual if the individual relocates\nto Kentucky with the sole intention of establishing eligibility to receive\nmedical services, including substance use disorder treatment services under\nthis chapter.\n(b) An individual may rebut the sole intention of paragraph (a) of this subsection\nby showing proof of residency. Proof of residency shall include but not be\nlimited to the possession of a valid Kentucky operator's license or a copy of a\ndeed or property tax bill, u tility agreement or bill, or rental housing\nagreement.","path":["KRS Chapter 205"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57029","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:02Z","sha256":"01d2be31653021fb350e6e43d747ef4b9edc51e8dbf6eb743541ce37cb939659","source_id":"us-ky","stale":false,"prev":"us-ky/krs-205.193","next":"us-ky/krs-205.2001"},"notice":"GroundRules: Original legal text. Not legal advice."}