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Publications iconKansas Register

Volume 41 - Issue 16 - April 21, 2022

State of Kansas

Department of Health and Environment
Division of Health Care Finance

Notice of Hearing on Proposed Administrative Regulation

The Kansas Department of Health and Environment (KDHE), Division of Health Care Finance, will conduct a public hearing at 9:00 a.m. Tuesday, June 21, 2022, to consider the adoption of proposed permanent regulation K.A.R. 129-6-103. The hearing will be held in Room 560, 5th Floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas.

Summary of Regulation

K.A.R. 129-6-103. Determined eligibles; income standards. The regulation amends the Kansas Medicaid income eligibility standard for Kansas Medicaid members receiving Home- and Community-based Services (HCBS). The proposed amendment to K.A.R. 129-6-103 updates the protected income level (PIL) from $1,177 per month to 300 percent of the payment standards for one person in the SSI program.

Economic Impact

A Medicaid protected income level is the amount of income that a Medicaid member may retain and still be eligible for Medicaid. This PIL change was authorized in Section 40(d) of Chapter 116, 2021 Kansas Session Laws (the omnibus appropriations legislation). Since this involved Kansas Medicaid, KDHE sought, and the Centers for Medicare and Medicaid Services (CMS) approved, the HCBS PIL change. KDHE does not anticipate any economic impact on businesses, communities, or local government. KDHE anticipates an indirect economic benefit to Kansas Medicaid HCBS recipients since they may have more personal income to spend. A detailed economic impact is provided in the economic impact statement that is available from the agency contact person listed below.

Notice and Contact

The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulation. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing by postal service to Michael G. Smith, Kansas Department of Health and Environment, Division of Health Care Finance, 1000 SW Jackson, Suite 560, Curtis State Office Bldg., Topeka, KS 66612, by email to, or by fax to 785-559-4272. During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulation as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of their comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.

Complete copies of the proposed regulation and the corresponding economic impact statement may be obtained from the KDHE website or by contacting the contact person noted at the address, email, or fax number above. Questions pertaining to the proposed regulation should be directed to the contact noted above.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting the contact person noted above.

Janet Stanek

Doc. No. 050056