HB 2464--
Session of 1997
By Representatives Vickrey and Gilmore

9 AN ACT establishing the Kansas long-term care partnership act. 10 11 Be it enacted by the Legislature of the State of Kansas: 12 Section 1. The secretary of social and rehabilitation services shall, in 13 conjunction with the commissioner of insurance, coordinate a long-term 14 care insurance program whereby private insurance and medicaid funds 15 shall be used to finance long-term care. Under such program, an individ- 16 ual may purchase a long-term care insurance policy governed by K.S.A. 17 40-2225 through 40-2228, and amendments thereto, and which meets the 18 criteria prescribed by this act, in an amount commensurate with such 19 individual's assets. Notwithstanding any provision of statutes, the re- 20 sources of such an individual up to $100,000, to the extent such resources 21 are equal to the amount of long-term care insurance benefit payments as 22 provided in section 2, shall not be considered by the department of social 23 and rehabilitation services in a determination of: (a) Eligibility for med- 24 icaid; (b) the amount of any medicaid payment; or (c) in any subsequent 25 recovery by the state of a payment for medical services. 26 Sec. 2. The department of social and rehabilitation services shall 27 count insurance benefit payments toward resource exclusion to the extent 28 such payments: (a) Are for services medicaid approves or covers for its 29 recipients; (b) are for the lesser of the actual charge and the amount paid 30 by the insurance company; (c) are for nursing facility care, or formal 31 services delivered to insureds in the community as part of a care plan 32 approved by a coordination, assessment and monitoring policy adopted 33 by rules and regulations of the secretary of social and rehabilitation serv- 34 ices; and (d) are for services received prior to and following the first 35 month of medicaid eligibility for long-term care as established by the 36 secretary of social and rehabilitation services. The secretary of social and 37 rehabilitation services shall adopt rules and regulations to implement the 38 provisions of this act relating to determining eligibility of applicants for 39 medicaid and the coverage requirements for long-term care benefits. 40 Sec. 3. The commissioner of insurance, in conjunction with the sec- 41 retary of the department of social and rehabilitation services, shall submit 42 a report on the progress of the long-term care insurance program to the 43 legislature at the commencement of the regular session of the legislature HB 2464

 1  held during 1997 and annually thereafter. Such report shall include: (a)
 2  The success in implementing the public and private partnership; (b) the
 3  number of policies precertified; (c) the number, age and financial circum-
 4  stances of individuals purchasing precertified policies; (d) the number of
 5  individuals seeking consumer information services; (e) the extent and type
 6  of benefits paid under precertified policies that could count toward med-
 7  icaid resource protection; (f) estimates of impact on present and future
 8  medicaid expenditures; (g) the cost effectiveness of the program; and (h)
 9  a determination regarding the appropriateness of continuing the program.
10    Sec. 4.  As used in sections 1 through 3, ``nursing facility care'' means
11  care provided in a nursing facility as defined in K.S.A. 39-923, and amend-
12  ments thereto, and shall include an assisted living facility, residential
13  health care facility, skilled nursing home and intermediate home, as such
14  terms are defined in K.S.A. 39-923, and amendments thereto.
15    Sec. 5.  This act may be cited as the Kansas long-term care partner-
16  ship act.
17    Sec. 6.  This act shall take effect and be in force from and and after
18  its publication in the statute book.