Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 12/9/2022

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02100 Child in Family - There must be at least one child in the home or qualifying under temporary absence provisions of 2140. In order for any family member to qualify, a child must be included in the assistance plan for Caretaker Medical benefits unless the child is excluded as an SSI recipient or eligible under another medical program that is higher in the medical program hierarchy. See 3100 for more information about MAGI Budgeting Units.

A child must be under 19 years of age. The person may be considered a child the entire month he or she turns 19. A person acting in their own behalf per 2010 is not considered a child for Caretaker Medical purposes.

The statement of the applicant in regard to the month and day of the birth of the child will be accepted by the agency unless there is reason to question its authenticity or unless evidence establishes the month and day of birth as being different from that given by the applicant. This applies only to individuals that are exempt from providing verification of citizenship and identity, as those documents shall also provide a valid date of birth.

Eligibility cannot be approved when a child's date of birth cannot be accurately determined.

2110 Definition of a Caretaker - A child must be living in a home with a caretaker. Meeting the caretaker definition allows an individual to be considered for the Caretaker Medical program.

A person must have one of the following relationships to the child and have care and control of the child in order to be a caretaker under this provision.

2110.01 - Any blood relative (or one of half-blood) who is within the fifth degree of kinship to the dependent child. An appropriate relative is therefore a parent, (biological or adoptive) grandparent, sibling, great-grandparent, uncle or aunt, nephew or niece, great-great grandparent, great uncle or aunt, first cousin, great-great-great grandparent, great-great uncle or aunt, or a first cousin once removed.

An example of a great uncle would be the brother of the grandparent of the dependent child. An example of the great-great uncle would be the brother of the great grandparent of the dependent child. An example of a first cousin once removed who would qualify as a caretaker would be an adult child of a first cousin of the dependent child. Another example of first cousins once removed would be in the relationship between a dependent child and the first cousin of that child's parent. Second cousins are not within the allowable degree of relationship. An example of second cousins would be two persons whose parents are first cousins.

2110.02 - A step-father, step-mother, step-brother, step-sister, step-grandparent, step-aunt, or step-uncle.

2110.03 - Legally adoptive parents and other relatives of adoptive parents as designated in groups (1) and (2).

2110.04 - A person who is court-appointed to be:

(1) - a guardian;

(2) - a conservator; or

(3) - the legal custodian.

2110.05 - In situations where multiple adults living in the home could qualify under the caretaker definition, the caretaker shall be determined using the following criteria:

(1) – When both a parent and another relative are residing in the home with the child, it is assumed that the parent has care and control unless specific information has been provided to the contrary. Self-attestation is accepted in these situations as to who has care and control, however, staff shall use prudent person as defined in 1300 when deemed appropriate.

(2) – When the court has designated an individual as a guardian of a child, this is the individual who has care and control, even when the parent is also residing in the home.

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