CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Family Support

(As Amended at ARRS, March 10, 2014)

 

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

 

††††† RELATES TO: KRS 194A.060[194.060], 205.175, 205.177, 205.200(1), 205.240, 205.245, 45 C.F.R. 206.10, 42 U.S.C. 601-619,[et seq.,] 1973gg-5

††††† STATUTORY AUTHORITY: KRS 116.048(1), 194A.050(1), 205.200(2), 42 U.S.C. 601-619[et seq., EO 96-862]

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs[EO 96-862, effective July 2, 1996, reorganized the Cabinet for Human Resources and placed the Department for Social Insurance and its programs under the Cabinet for Health and Family Services]. KRS 205.200, 205.240, and 205.245 require[Chapter 205 requires] the Cabinet for Health and Family Services to administer the[shall administer public assistance programs including] Kentucky Transitional Assistance Program (K-TAP) and the State Supplementation Program (SSP) for persons who are aged, blind, or have a disability[of the aged, blind and persons with disabilities. This administrative regulation establishes the procedure for applying for assistance]. KRS 116.048 designates the cabinet to have responsibility for the administration of public assistance programs as a voter registration agency in accordance with 42 U.S.C.[USC] 1973gg-5. This administrative regulation establishes policy and procedures necessary to apply for assistance and provide an eligible public assistance participant the opportunity to register, or to decline from registering, to vote.

 

††††† Section 1. Right to Apply or Reapply. (1) An individual may apply or reapply for K-TAP[Kentucky Transitional Assistance Program (K-TAP)] or SSP[State Supplementation Program (SSP)] through the Department for Community Based[Community-Based] Services (DCBS).

††††† (2) An application shall have been made[: (a)] on the date:

††††† (a)[1.] An individual makes an application by telephone;

††††† (b) An individual or the individualís 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[or his representative signs the DCBS application form, incorporated by reference in 921 KAR 3:030; and

††††† 2. The application is received at the DCBS office; or

††††† (b) On the date the agency is contacted, if the person:

††††† 1. Has a physical or mental disability; and

††††† 2. Needs special accommodation due to the impairment].

††††† (3) If an individual[the client] is physically unable to come to the office to apply, the individual[he] may:

††††† (a) Designate an authorized representative to apply;[for him; or]

††††† (b) Request a home visit to complete the application process; or

††††† (c) Make an application by telephone.

††††† (4) The applicant may be:

††††† (a) Assisted by an individual of the applicantís[his] choice in the application process; and

††††† (b) Accompanied by this individual in a contact with DCBS[the agency].

††††† (5) In accordance with[the procedures described in] 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 specified by 920 KAR 1:070.

††††† (7) The cabinet shall not discriminate against an applicant based on age, race, color, sex, disability, religion[religious creed], national origin, or political beliefs.

 

††††† Section 2. Who May Sign an Application. (1) Except for a case based on incapacity, an application for K-TAP[Kentucky Transitional Assistance Program (K-TAP)] 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 K-TAP[Kentucky Transitional Assistance Program (K-TAP)] 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[state supplementation] shall be signed by:

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

††††† (b) An interested party;

††††† (c) The[His] 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.[Where Applications are Filed and Processed.

††††† (1) The application:

††††† (a) may be made at a DCBS office; and

††††† (b) Shall be processed in the county of residence.

††††† (2) If the client is applying in a county other than the county of residence and the client is hospitalized:

††††† (a) The DCBS office in the county of hospitalization shall take the application and transfer the pending application to the county of residence; and

††††† (b) The DCBS office in the county of residence shall process the application using the original application date.

††††† (3) If the client is applying in a county other than the county of residence and the client is not hospitalized:

††††† (a) The DCBS office in the receiving county shall:

††††† 1. Partially complete the application;

††††† 2. Transfer it to the county of residence on the same day the application is taken; and

††††† 3. Explain to the client that the application will be processed in the county of residence;

††††† (b) The DCBS office in the county of residence shall schedule a face-to-face interview. The application shall be processed using the original application date.

††††† (4) Application by mail.

††††† (a) A Kentucky resident who is temporarily out-of-state, or someone acting on his behalf may initiate the application process by mail if:

††††† 1. An emergency arises from accident or sudden illness;

††††† 2. Care and services are needed immediately; and

††††† 3. Health would be endangered by returning to the state.

††††† (b) Upon notification of the emergency an application form shall be forwarded to the initiating party. Section 4.] Action on Applications. (1) A decision shall be made on an application and payment made within:

††††† (a) Forty-five (45) days for K-TAP[Kentucky Transitional Assistance Program (K-TAP)] or SSP[State Supplementation Program (SSP)]; or

††††† (b) Ninety (90) days for SSP[State Supplementation Program (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[the department], on the part of the applicant or examining physician.

††††† (3) The case record shall document the cause for the delay if[when] 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.[5.] Voter Registration.[(1)] In accordance with KRS 116.048 and 42 U.S.C. 1973gg-5, an applicant or recipient[meeting all of the following criteria] shall be provided the opportunity to complete an application to register to vote or update his current voter registration in accordance with 921 KAR 3:030, Section 8[:

††††† (a) Be age eighteen (18) or over; and

††††† (b) Be present in the office at the time of the interview or when a change of address is reported; and

††††† (c) Not be:

††††† 1. Registered to vote; or

††††† 2. Registered to vote at his current address.

††††† (2) An individual not included in the assistance application shall not be registered to vote in this process, including a:

††††† (a) Payee only;

††††† (b) An authorized representative; or

††††† (c) An individual acting as a responsible party.

††††† (3) Forms and information utilized in the voter registration process shall remain confidential and be used for voter registration purposes.

††††† (4) A person other than a Board of Elections official shall not view a form or information utilized directly in the voter registration process.

††††† (5) Forms necessary to apply for assistance or to register a K-TAP or state supplementation (SSP) participant to vote are incorporated by reference in 921 KAR 3:030, Section 10].

 

††††† Section 5.[6.] Disclosure of Information. Use or disclosure of information obtained from applicant households, exclusively for the program, shall be restricted pursuant to KRS 194A.060[194.060], 205.175, and 205.177.

 

TERESA C. JAMES, Commissioner

AUDREY TAYSE HAYNES, Secretary

††††† APPROVED BY AGENCY: December 10, 2013

††††† FILED WITH LRC: December 11, 2013 at 1 p.m.

††††† CONTACT PERSON: Tricia Orme, tricia.orme@ky.gov Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone 502-564-7905, fax 502-564-7573.