2124.1 Requirements

The client is required to take any necessary action to acquire certain potential resources; see 2124 . In many instances, legal action may be necessary. In general, any source must be considered. It is the responsibility of the client to demonstrate all required actions have been taken to make the resource available. The special situations listed below are applicable:

The client must cooperate with the Medical Subrogation Unit as well as cooperate with the requirements of the Health Insurance Premium Payment System (HIPPS) including enrollment in the employer health insurance plan if cost effective; see 2912 .

Reserved

MediKan applicants shall be required to pursue SSA/SSI benefits as a condition of eligibility; see 2181 . In addition, individuals may not be rendered ineligible for a disability determination referral for failure to apply for SSI benefits unless qualifying for MediKan per 2181 .

Recipients who are, or have been, married are expected to fully pursue any spousal elective share rights when the current or former spouse dies. Under Kansas law, a spouse is entitled to a portion of the augmented estate (generally any estate less the homestead). If all resources do not properly pass onto the surviving spouse at the time death, the surviving spouse may file a probate claim to obtain the allowed spousal share. Failure to pursue any spousal elective share rights shall result in ineligibility. The surviving spouse must file for his/her elective share within 6 months of the date of death to protect a claim. For purposes of this section, the surviving spouse must provide verification within 60 days of the date of death that he/she has either filed a claim or is taking positive action to file a claim. If timely verification is not provided, eligibility may be denied or discontinued. If timely verification is provided, the agency shall continue to monitor the case until the claim has been fully adjudicated by the court. Legal staff in the Estate Recovery Unit (ERU) are available to assist with technical details regarding potential actions. All cases involving potential spousal elective share issues shall be referred to ERU. When spousal rights have been forfeited a transfer of property penalty may be applied; see 5422. For additional guidance, see Policy Memo 2002-12-03, Spousal Elective Share and Policy Memo 2018-07-01, Spousal Elective Share Filing Requirement .