Volume 42 - Issue 10 - March 9, 2023

State of Kansas

Department of Health and Environment
Division of Health Care Finance

Notice of Hearing on Proposed Administrative Regulation

A public hearing will be conducted at 9:00 a.m. May 17, 2023, in Room 9E, 900-N, Landon State Office Building, 900 SW Jackson, Topeka, Kansas, to receive comments concerning the amendment to K.A.R. 129-6-88 that proposes to remove certain premiums charged to Working Healthy Medicaid consumers. The Kansas Department of Health and Environment (KDHE) is the Kansas Medicaid agency. The Division of Health Care Finance administers the Kansas Medicaid programs.

This 60-day notice of the public hearing shall constitute a public comment period for the proposed regulation as stated in K.S.A. 77-421(a)(3). All interested parties may submit written comments before the hearing to Dorothy Noblit, KDHE, Division of Health Care Finance, Room 900-N, Landon State Office Building, 900 SW Jackson, Topeka, KS, 66612-1220, or by email at dorothy.noblit@ks.gov. The Division of Health Care Finance will give all interested parties a reasonable opportunity to present their views at the hearing, but it may be necessary to request each participant to limit any oral presentation to five minutes.

A copy of the regulation and the economic impact statement may be obtained by contacting Dorothy Noblit at 785-296-8903.

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 should be made at least five working days before the hearing by contacting Dorothy Noblit at 785-296-8903 or by calling the Kansas Relay Center at 800-766-3777.

A summary of the regulation and the economic impacts follows:

Proposed Amended Regulation

K.A.R. 129-6-88 Disabled individuals with earned income; determined eligibles. This proposed regulation changes the premiums to be charged to Medicaid consumers participating in the Working Healthy programs. Working Healthy programs are programs that provide medical coverage through Medicaid for disabled individuals who are still working. Often, the disabled are working in positions, such as part-time positions, that do not provide health or medical coverage. Currently, a premium is imposed upon a Working Healthy consumer when the consumer’s household income exceeds 100% of the federal poverty level income. The proposed change raises the floor for imposing a premium to 266% of poverty level income. For 2022, the federal poverty level income for a single person was $13,590.

Federal Mandate

The regulation is not mandated by federal law. The Centers for Medicare and Medicaid Services (CMS) has approved this change. CMS is the federal oversight agency for state Medicaid programs.

Economic Impact

The primary impact will be loss of premiums to the Kansas Medicaid program. Currently, the agency receives $813,984 in Working Healthy premiums. By raising the floor for imposition of premiums, the agency projects that it will lose $744,516 in premiums paid to the agency. There would not be economic impacts on the Working Healthy consumers or on the medical providers providing services to the Working Healthy consumers.

Affected Parties

Kansas Medicaid program and Working Healthy Medicaid recipients.

Sarah Fertig
State Medicaid Director
Division of Health Care Finance
Department of Health and Environment

Doc. No. 050951