Kan. Admin. Regs. § 129-6-52 - 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 behalf and shall also
have the right to designate a representative to assist or act on behalf of the
applicant or recipient.
(1) A legally
incapacitated adult who is not capable of acting in that individual's own
behalf shall not be eligible for medical assistance, unless a legal guardian,
conservator, medical representative, or representative payee for social
security benefits applies for assistance on the adult's behalf.
(2) Each emancipated minor shall be eligible
to receive medical assistance on that individual's own behalf.
(3) 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 medical assistance 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 resides with the child and
is approved by the parent or legal guardian applies for assistance on the
minor's behalf. However, an unemancipated minor may apply for or receive
medical 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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