Senate Substitute for HB 2004 by Committee on Government Efficiency - .Requiring the secretary for children and families and the office of inspector general to exchange information and documents related to cash assistanc, the official text

Senate Substitute for House bill No. 2004
An Act concerning public assistance; requiring the secretary for children and families and the office of inspector general to exchange information and documents related to cash assistance, childcare assistance and food assistance fraud investigations; requiring the secretary for children and families and the secretary of health and environment to execute a memorandum of understanding or other written data-sharing instrument upon written request of the United States department of agriculture or the United States department of health and human services; requiring such secretaries to comply with written data requests from such federal agencies made pursuant to such memorandum of understanding or written data-sharing instrument; amending K.S.A. 39-760 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) To facilitate in the detection, investigation and prosecution of fraud in the cash assistance, childcare assistance and food assistance programs, the secretary for children and families and the office of the inspector general shall exchange:
(1) Documents and information related to cash assistance, childcare assistance and food assistance applicants or recipients;
(2) documents and information related to cash assistance, childcare assistance and food assistance eligibility determinations;
(3) electronic benefit card transaction data or documents; and
(4) any other materials received, compiled or created by either agency related to an audit, inquiry or investigation of a cash assistance, childcare assistance or food assistance applicant, recipient, authorized retailer or any other individual suspected of or under investigation for fraud in the cash assistance, childcare assistance or food assistance programs.
(b) Documents and information shall be exchanged at the request of either agency and completed in a reasonable time, that shall not exceed 30 days from the date of the receipt of the request.
(c) All documents and information exchanged shall only be used for the purpose of detecting, investigating and prosecuting fraud in the cash assistance, childcare assistance or food assistance programs.
(d) As used in this section, "document" means the same as defined in K.S.A. 17-7663, and amendments thereto.
Sec. 2. K.S.A. 39-760 is hereby amended to read as follows: 39-760. (a) The secretary of health and environment and the secretary for children and families are hereby directed to establish a system for the reporting of suspected abuse or fraud in connection with state welfare or medical assistance programs, either by recipients or health care healthcare providers. The system shall be designed to permit any person in the state at any time to place a toll-free call into the system and report suspected cases of welfare abuse or suspected cases of health care healthcare provider fraud.
(b) The secretary of health and environment and the secretary for children and families are further directed to publicize the system throughout the state.
(c) Notice of the existence of the system established pursuant to this section shall be displayed prominently in the office or facility of every health care healthcare provider who provides services under the state medical assistance program.
(d) The secretary of health and environment shall notify annually each recipient of state medical assistance of the toll-free number of the system established pursuant to this section and the purpose thereof. If possible, such notice shall be printed on the medical cards issued to recipients by the secretary.
(e) Upon receipt of a written request from the United States department of agriculture relating to a federal program administered by the department for children and families, the secretary for children and families shall respond fully and timely to such request by executing a memorandum of understanding or any other written data-sharing instrument with the United States department of agriculture as necessary to obtain, exchange or transmit any information required that is contained in department records relating to a federal program administered by the department. Pursuant to such memorandum of understanding or other written data-sharing instrument, the secretary for children and families shall comply with any written data request from the United States department of agriculture and release such requested data to the United States department of agriculture within 60 days of receipt of such written data request.
(f) Upon receipt of a written request from the United States department of health and human services relating to a federal program administered by the department of health and environment, the secretary of health and environment shall respond fully and timely to such request by executing a memorandum of understanding or any other written data-sharing instrument with the United States department of health and human services as necessary to obtain, exchange or transmit any information required that is contained in department records relating to a federal program administered by the department. Pursuant to such memorandum of understanding or other written data-sharing instrument, the secretary of health and environment shall comply with any written data request from the United States department of health and human services and release such requested data to the United States department of health and human services within 60 days of receipt of such written data request.
Sec. 3. K.S.A. 39-760 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

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I hereby certify that the above Bill originated in the House, and was adopted by that body

House adopted
Conference Committee Report

Speaker of the House.

Chief Clerk of the House.

Passed the Senate
as amended

Senate adopted
Conference Committee Report

President of the Senate.

Secretary of the Senate.

Approved

Governor.