Kan. Admin. Regs. § 129-14-25 - Act on own behalf
(a) For
purposes of this regulation, each of the following terms shall have the meaning
specified in this subsection:
(1) "Emancipated
minor" means either of the following:
(A) A
person who is aged 16 or 17 and who is or has been married; or
(B) a person who is under the age of 18 and
who has been given or has acquired the rights of majority through court
action.
(2) "Medical
facilitator" means a person authorized to help complete the application or
reenrollment process on behalf of an applicant or recipient under written
authorization made by the applicant or recipient. The medical facilitator may
help with completing and submitting the application or reenrollment form,
providing necessary information and verifications, and receiving copies of
notices or other official communications from the department to the applicant
or recipient. A medical facilitator shall not be authorized to apply for
medical assistance on behalf of another person.
(3) "Medical representative" means a person
who is authorized to act on behalf of an applicant or recipient under a written
authorization made by the applicant or recipient and who is knowledgeable of
the applicant's or recipient's financial holdings and circumstances.
(b) Each applicant or recipient
shall be legally capable of acting on that individual's own behalf.
(1) An incapacitated person aged 18 for whom
a court has named a guardian or conservator shall not be eligible for
kancare-CHIP, unless the named legal guardian or conservator applies for
assistance on the person's behalf.
(2) An incapacitated person aged 18 for whom
a court has not named a guardian or conservator shall not be eligible for
kancare-CHIP, unless a representative payee for the person's social security
benefits, a person with durable power of attorney for financial decisions for
the individual, or a medical representative applies for assistance on the
person's behalf.
(3) Each
emancipated minor shall be eligible to apply for and receive assistance under
kancare-CHIP on that individual's own behalf.
(4) An unemancipated minor shall not be
deemed capable of acting on that individual's own behalf and shall not be
eligible to apply for or receive assistance under kancare-CHIP on that
individual's own behalf, except as specified in this paragraph. An
unemancipated minor shall not be eligible unless a caretaker, representative
payee for social security benefits, or other nonrelated responsible adult who
is approved by the parent or legal guardian and who resides with the child
applies for assistance on the minor's behalf. However, an unemancipated minor
may apply for or receive assistance on that individual's own behalf if one of
the following conditions exists:
(A) The
parents of the minor are institutionalized.
(B) The minor has no parent who is living or
whose whereabouts are known, and there is no other caretaker who is willing to
assume parental control of the minor.
(C) The health and safety of the minor has
been or would be jeopardized by remaining in the household with the minor's
parents or other caretakers.
Notes
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