Session Law

Identifying Information:L. 2002 ch. 213
Other Identifying Information:2002 Senate Concurrent Resolution 1614
Tax Type:Other
Brief Description:A Concurrent Resolution encouraging decreased dependence on public moneys to finance long-term care and education concerning long-term care insurance.
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CHAPTER 213

SENATE CONCURRENT RESOLUTION No. 1614


A Concurrent Resolution encouraging decreased dependence on public moneys to

finance long-term care and education concerning long-term care insurance.

WHEREAS, Science, technology, nutrition and other factors have in-

creased life expectancy and have set our nation on a course for a major

expansion of our mid-life and older populations; and

WHEREAS, The average life expectancy is now almost 80 years and,

often, the blessing of longer life means that diseases of aging that require

long-term or custodial care, such as Alzheimer's disease, are more prev-

alent; and

WHEREAS, Changes in the structure of the nuclear family, such as

two-earner households, make families less able to care for an aging parent

on a full-time basis; and

WHEREAS, Currently, 5.8 million people aged 65 or older need long-

term care and this number will increase as more people survive heart

attacks, cancer, strokes and other ailments that once were fatal; and

WHEREAS, Medicare does not cover the cost of nursing home care,

assisted living, residential health care or other long-term care except for

100 days of rehabilitation; and

WHEREAS, The primary source of private financing of long-term care

is the income and savings of the elderly, the disabled and their families

or medicaid, a program for the poor; and

WHEREAS, The average cost for care in a nursing home in the United

States is $40,000-$50,000 a year and that figure is certain to increase; and

WHEREAS, Kansas seniors must spend their life savings and contrib-

ute all their income before medicaid pays for their care; and

WHEREAS, Long-term care insurance can play an important role in

helping to provide better quality and choice of long-term care and pro-

tection against the cost of long-term care and the expenditure of a lifetime

of savings; and

WHEREAS, The department of social and rehabilitation services and

the department on aging work to inform and educate applicants for med-

ical assistance of such department's powers and duties under the state

and federal laws to recover the costs of medical assistance provided from

the estates of medical assistance recipients, including kinds and amounts

of allowable expenditures or other utilizations of assets to acquire exempt

or other property so that such assets are excluded from such income

calculations and also including the use of trusts to allowably reduce an

individual's net worth when applying for medical assistance; and

WHEREAS, The state's goal should be to encourage purchase of long-

term insurance not only to protect the public from asset loss, but also to

protect the Medicaid program for the truly needy; and

WHEREAS, Long-term care insurance can help assure the security,

dignity and independence of Kansans as they age as well as decrease the

dependence on public moneys to finance long-term care: Now, therefore,

Be it resolved by the Senate of the State of Kansas, the House of Rep-

resentatives concurring therein: That in order to decrease dependence

on public moneys to finance long-term care and, in order to help assure

the security, dignity and independence of Kansas senior citizens, the sec-

retary of the Kansas department on aging and the Kansas department of

social and rehabilitation services are urged to begin an education and

awareness campaign that makes Kansans aware of the potential cost of

long-term care and encourages them to invest in long-term care insurance

at an age when it is affordable and to encourage the Kansas department

of social and rehabilitation services to aggressively pursue a waiver to

allow a five-year look back period for all transfers of assets considered in

determining Medicaid eligibility on and after the effective date of such

waiver being adopted and to report back to the 2003 Kansas legislature

regarding potential legislative action; and

Be it further resolved: That the Secretary of State be directed to send

an enrolled copy of this resolution to the Secretary of the Department on

Aging and Secretary of the Kansas Department of Social and Rehabili-

tation Services.

Adopted by the House May 1, 2002.

Adopted by the Senate

May 2, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002