Volume 42 - Issue 13 - March 30, 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 1:00 p.m. June 6, 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. 129-6-35 that clarifies who can apply for a deceased Medicaid applicant in Kansas. 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. 129-6-35. Application process. This proposed regulation clarifies who may file an application for Kansas Medicaid benefits when the applicant is deceased. This clarification will align Kansas regulatory language with federal Medicaid regulations concerning an authorized representative for a decedent and who may file a Medicaid application that has to be accepted by a state Medicaid program.

Federal Mandate

The proposed regulation follows federal Medicaid regulation, but it is not mandated by federal law.

Economic Impact

The Division of Health Care Finance, Kansas Department of Health and Environment, did not foresee an economic impact on applicants for Medicaid services. While speculative, there may be a reduction in administrative litigation costs for the agency by clarifying who could apply for a deceased applicant.

Affected Parties

Kansas Medicaid program and deceased applicants and their families.

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

Doc. No. 050992